Legislature(2005 - 2006)BUTROVICH 205

02/09/2006 08:30 AM JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 209 UNDERAGE MILITARY ON LICENSED PREMISES TELECONFERENCED
Moved CSSB 209(JUD) Out of Committee
*+ SB 240 DRUG OFFENSES: NEIGHBORS AS CRIME VICTIMS TELECONFERENCED
Scheduled But Not Heard
+ HB 107 HUNTING/FISHING INTERFERENCE TELECONFERENCED
Scheduled But Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
= SB 237 ADDITIONAL JUDGES FOR THIRD DISTRICT
Moved CSSB 237(JUD) Out of Committee
= SB 10 PARENTAL LIABILITY FOR CHILD'S DAMAGE
Heard & Held
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                        February 9, 2006                                                                                        
                           8:34 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Ralph Seekins, Chair                                                                                                    
Senator Charlie Huggins, Vice Chair                                                                                             
Senator Hollis French                                                                                                           
Senator Gretchen Guess                                                                                                          
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Gene Therriault                                                                                                         
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                              
SENATE BILL NO. 237                                                                                                             
"An  Act   increasing  the  number   of  superior   court  judges                                                               
designated   for  the   third  judicial   district,  to   provide                                                               
additional  superior  court  judges  at  Anchorage,  Palmer,  and                                                               
Kenai; and providing for an effective date."                                                                                    
     MOVED CSSB 237(JUD) OUT OF COMMITTEE                                                                                       
                                                                                                                                
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                                                                                                             
                                                                                                                                
SENATE BILL NO. 209                                                                                                             
"An Act  relating to access by  persons under 21 years  of age to                                                               
premises licensed to sell alcoholic beverages as clubs."                                                                        
     MOVED CSSB 209(JUD) OUT OF COMMITTEE                                                                                       
                                                                                                                                
SENATE BILL NO. 240                                                                                                             
"An Act relating to rights of crime victims."                                                                                   
     SCHEDULED BUT NOT HEARD                                                                                                    
                                                                                                                                
CS FOR HOUSE BILL NO. 107(FIN)                                                                                                  
"An  Act  relating  to  unlawful   obstruction  or  hindrance  of                                                               
hunting,  fishing, trapping,  or  viewing of  fish  or game;  and                                                               
amending Rule 82, Alaska Rules  of Civil Procedure, and Rule 508,                                                               
Alaska Rules of Appellate Procedure."                                                                                           
     SCHEDULED BUT NOT HEARD                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 237                                                                                                                  
SHORT TITLE: ADDITIONAL JUDGES FOR THIRD DISTRICT                                                                               
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
01/13/06       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/13/06       (S)       JUD, FIN                                                                                               
01/31/06       (S)       JUD AT 9:30 AM BUTROVICH 205                                                                           
01/31/06       (S)       <Bill Hearing Postponed>                                                                               
02/08/06       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
02/08/06       (S)       ASSAULT ON SCHOOL EMPLOYEES/BUS DRIVERS                                                                
                                                                                                                                
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                                                                           
02/01/06       (S)       Heard & Held                                                                                           
02/01/06       (S)       MINUTE(JUD)                                                                                            
02/08/06       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
02/08/06       (S)       Heard & Held                                                                                           
02/08/06       (S)       MINUTE(JUD)                                                                                            
                                                                                                                                
BILL: SB 209                                                                                                                  
SHORT TITLE: UNDERAGE MILITARY ON LICENSED PREMISES                                                                             
SPONSOR(s): SENATOR(s) HUGGINS                                                                                                  
                                                                                                                                
01/09/06       (S)       PREFILE RELEASED 12/30/05                                                                              
01/09/06       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/09/06       (S)       JUD, FIN                                                                                               
02/09/06       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                              
Susan Parkes, Deputy Attorney General                                                                                           
Criminal Division                                                                                                               
Department of Law                                                                                                               
PO Box 110300                                                                                                                   
Juneau, AK  99811-0300                                                                                                          
POSITION STATEMENT:  Commented on SB 237                                                                                      
                                                                                                                              
Chris Christianson, Deputy Administrative Director                                                                              
Alaska Court System                                                                                                             
303 K St.                                                                                                                       
Anchorage, AK  99501-2084                                                                                                       
POSITION STATEMENT:  Commented on SB 237                                                                                      
                                                                                                                              
Senator Gretchen Guess                                                                                                          
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Sponsor 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                                                                                       
                                                                                                                                
Brad Thompson, Director                                                                                                         
Division of Risk Management                                                                                                     
Department of Administration                                                                                                    
PO Box 110200                                                                                                                   
Juneau, AK  99811-0200                                                                                                          
POSITION STATEMENT:  Commented on SB 10                                                                                       
                                                                                                                                
Tony Newman, Program Officer                                                                                                    
Department of Juvenile Justice                                                                                                  
Department of Health & Social Services                                                                                          
PO Box 110601                                                                                                                   
Juneau, AK  99801-0601                                                                                                          
POSITION STATEMENT:  Commented on SB 10                                                                                       
                                                                                                                                
Cynthia Hora, Associate Victim's Rights Advocate                                                                                
Alaska Office of Victim's Rights                                                                                                
1007 West Third Ave                                                                                                             
Anchorage, AK  99501                                                                                                            
POSITION STATEMENT:  Testified in opposition to SB 10                                                                         
                                                                                                                                
Stacy Steinberg, Chief Assistant Attorney General                                                                               
Collections and Support Section                                                                                                 
Department of Law                                                                                                               
PO Box 110300                                                                                                                   
Juneau, AK  99811-0300                                                                                                          
POSITION STATEMENT:  Commented on SB 10                                                                                       
                                                                                                                                
Senator Charlie Huggins                                                                                                         
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Introduced SB 209                                                                                        
                                                                                                                                
Josh Sample, Legislative Aide                                                                                                   
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Answered questions on SB 209                                                                             
                                                                                                                                
Jim Van Horn, Legislative Aide                                                                                                  
Staff to Representative Jim Elkins                                                                                              
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Commented on SB 209                                                                                      
                                                                                                                                
Clayton Love                                                                                                                    
Auke Bay, Alaska                                                                                                                
POSITION STATEMENT:  Testified in support of SB 209                                                                           
                                                                                                                                
John Wilkins Jr.                                                                                                                
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of SB 209                                                                           
                                                                                                                                
Howard Culbert                                                                                                                  
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of SB 209                                                                           
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  RALPH   SEEKINS  called  the  Senate   Judiciary  Standing                                                             
Committee meeting to  order at 8:34:52 AM.  Present were Senators                                                             
Hollis French,  Charlie Huggins, Gretchen Guess,  and Chair Ralph                                                               
Seekins.                                                                                                                        
                                                                                                                                
          SB 237-ADDITIONAL JUDGES FOR THIRD DISTRICT                                                                       
                                                                                                                                
8:35:57 AM                                                                                                                    
CHAIR RALPH SEEKINS announced SB 237 to be up for consideration.                                                                
                                                                                                                                
SUSAN PARKES,  Deputy Attorney General, Department  of Law (DOL),                                                               
offered the  committee a letter  of intent to replace  Section 1,                                                               
which was  the findings and  intent section.  On the topic  of an                                                               
additional judge  in Palmer, she  reported that the  DOL supports                                                               
it and Chris  Christianson was prepared to report  further on the                                                               
facility needs.                                                                                                                 
                                                                                                                                
8:37:16 AM                                                                                                                    
CHRIS CHRISTIANSON, Deputy  Administrative Director, Alaska Court                                                               
System, reported  that two additional  judges in Palmer  would be                                                               
appreciated. Facility space  is a problem and so  they would have                                                               
to continue  to hold night  court, which is actually  working out                                                               
and the residents appreciate the convenience.                                                                                   
                                                                                                                                
8:39:09 AM                                                                                                                    
SENATOR  CHARLIE HUGGINS  asked Mr.  Christianson whether  adding                                                               
two  additional  judges   to  the  Palmer  court   system  was  a                                                               
reasonable thing to do.                                                                                                         
                                                                                                                                
MR. CHRISTIANSON said yes.                                                                                                      
                                                                                                                                
8:41:49 AM                                                                                                                    
SENATOR HUGGINS moved  to adopt the letter of  intent. Hearing no                                                               
objection, the letter of intent was adopted.                                                                                    
                                                                                                                                
SENATOR HUGGINS  moved Amendment  2. Include a  second additional                                                               
judge for  the Palmer courts.  Hearing no objection,  Amendment 2                                                               
was adopted.                                                                                                                    
                                                                                                                                
SENATOR GRETCHEN GUESS  noted that the letter of  intent does not                                                               
address  subsection (b)  of Section  1 and  queried whether  that                                                               
needed to be spelled out.                                                                                                       
                                                                                                                                
8:43:58 AM                                                                                                                    
MS. PARKES countered  the last paragraph of the  letter of intent                                                               
does  spell  it out.  She  intentionally  left out  the  specific                                                               
number of  additional judges  since it could  change in  the next                                                               
committee  of  referral, which  is  the  Senate Finance  Standing                                                               
Committee.                                                                                                                      
                                                                                                                                
CHAIR SEEKINS said by adding  six positions the Legislature would                                                               
trust  that they  would  be assigned  to  the judicial  districts                                                               
where they are  intended. He said yesterday's  action of removing                                                               
Section 1  and then  amending it would  call for  some corrective                                                               
work on the bill.                                                                                                               
                                                                                                                                
SENATOR HOLLIS FRENCH  said detailing Section 2 of  the bill with                                                               
specific identification of the  intended judicial districts could                                                               
address the problem.                                                                                                            
                                                                                                                                
8:46:19 AM                                                                                                                    
MR.  CHRISTIANSON  added  that  normally  the  drafter  puts  the                                                               
locations in  the title. In  this case, everyone is  in agreement                                                               
of where the need is.                                                                                                           
                                                                                                                                
SENATOR GUESS  moved Amendment  3. Amend the  title to  read, "An                                                               
Act  increasing the  number of  superior court  judges designated                                                               
for the  third and fourth judicial  districts. Provide additional                                                               
superior court judges in Anchorage,  Palmer, Kenai and Fairbanks,                                                               
and  providing  for an  effective  date."  Hearing no  objection,                                                               
Amendment 3 was adopted.                                                                                                        
                                                                                                                                
SENATOR FRENCH moved  Amendment 4. Detail the  number of superior                                                               
court  judges  per each  judicial  district.  The superior  court                                                               
consists of 40 judges; five of  whom shall be judges in the first                                                               
judicial district,  three of whom  shall be judges in  the second                                                               
judicial district,  twenty-four of  whom shall  be judges  in the                                                               
third judicial  district, and  eight of whom  shall be  judges in                                                               
the fourth  judicial district and  the rest shall stay  the same.                                                               
Hearing no objection, Amendment 4 was adopted.                                                                                  
                                                                                                                                
SENATOR GUESS  moved CSSB 237(JUD)  as amended with  the attached                                                               
letter  of  intent,   individual  recommendations,  and  attached                                                               
fiscal note,  which is  to be updated  to reflect  the additional                                                               
judges. Hearing no objections, the motion carried.                                                                              
                                                                                                                                
CHAIR SEEKINS announced a brief recess at 8:50:18 AM.                                                                         
                                                                                                                                
          SB 10-PARENTAL LIABILITY FOR CHILD'S DAMAGE                                                                       
                                                                                                                                
8:57:14 AM                                                                                                                    
CHAIR RALPH SEEKINS announced SB 10 to be up for consideration.                                                                 
                                                                                                                                
SENATOR GRETCHEN GUESS, bill sponsor,  explained to the committee                                                               
that  she  drew   up  a  matrix  reflecting   all  the  different                                                               
situations  to  help the  committee  discuss  the options  before                                                               
them. The  issue is whether or  not to hold the  state liable for                                                               
children in state's  custody. The original bill did  not hold the                                                               
state liable  but the committee  amended the bill and  since then                                                               
discussions have been in regard  to the extent of that liability.                                                               
She said it was now up to the committee to finalize the bill.                                                                   
                                                                                                                                
SENATOR HOLLIS  FRENCH asked for  clarification on the  number of                                                               
juveniles in state's custody.                                                                                                   
                                                                                                                                
TONY  NEWMAN,  Program  Officer,  Division  of  Juvenile  Justice                                                               
(DJJ),  said  there were  approximately  2,300  juveniles in  the                                                               
system.                                                                                                                         
                                                                                                                                
SENATOR FRENCH asked  the number of juveniles  whose parents have                                                               
seen their parental rights terminated.                                                                                          
                                                                                                                                
MR. NEWMAN said of those, there were approximately 200 children.                                                                
                                                                                                                                
SENATOR CHARLIE  HUGGINS asked whether  there was  potential that                                                               
the state would be the only payor on a claim.                                                                                   
                                                                                                                                
SENATOR  GUESS said  that  is  not the  intent  nor  is the  bill                                                               
written  that way.  The  juvenile would  be  responsible for  the                                                               
first $5,000. The intent of the  bill is to create consistency in                                                               
the system and to balance restitution to the victim.                                                                            
                                                                                                                                
9:00:30 AM                                                                                                                    
SENATOR  HUGGINS  expressed  concern that  juvenile  and  parents                                                               
might never  pay the debt  and that the  state would be  the only                                                               
entity held liable for restitution.                                                                                             
                                                                                                                                
MS. CARPENETI said she thought that  the state would end up being                                                               
the  deep pocket  on  a lot  of  the claims.  The  normal way  to                                                               
collect judgments from Alaskan citizens  is through the permanent                                                               
fund dividend and  that is not a guaranteed  form of restitution.                                                               
She said  Ms. Steinberg would be  the best person to  speak about                                                               
success in collections from juveniles and their parents.                                                                        
                                                                                                                                
9:02:27 AM                                                                                                                    
BRAD THOMPSON, Director, Division  of Risk Management, Department                                                               
of Administration (DOA)  testified and said it was  a policy call                                                               
to decide at  what segment the state should  be held responsible.                                                               
As  noted in  the previous  hearing, there  could be  a situation                                                               
where four  juveniles cause  some damage and  the state  would be                                                               
targeted if one of them were in state's custody.                                                                                
                                                                                                                                
CHAIR SEEKINS  asked Mr.  Thompson whether there  was any  way to                                                               
access the risk in terms of dollars.                                                                                            
                                                                                                                                
MR. THOMPSON  said he  researched the  website for  the insurance                                                               
information institute, which is a  data collection entity for all                                                               
homeowner and  renter policies. He  estimated that  vandalism was                                                               
10  percent  of all  property  claims  in  the past  five  years.                                                               
Ninety-five percent  of homeowners have insurance  and sixty-four                                                               
percent of renters have no  insurance. Arson is the leading cause                                                               
of claims and  children are responsible for almost  half of arson                                                               
fires. Juveniles under  18 years of age accounted  for 42 percent                                                               
of arson arrests in 2004.  He offered to provide more information                                                               
to the committee in the form of statistics.                                                                                     
                                                                                                                                
9:05:58 AM                                                                                                                    
CHAIR SEEKINS said  out of the 2300 children  in state's custody,                                                               
the most  dangerous ones are  in the pre-teen and  teenage years.                                                               
He asked  Mr. Newman the  number of  juveniles that fall  in that                                                               
age group.                                                                                                                      
                                                                                                                                
MR. NEWMAN said  the majority of the children  in state's custody                                                               
are  OCS  kids  (Office  of Children's  Services)  and  they  are                                                               
typically younger than  those under watch of the DJJ.  He did not                                                               
have a breakdown of the age distribution.                                                                                       
                                                                                                                                
9:08:48 AM                                                                                                                    
CHAIR SEEKINS said it was  difficult for the committee to proceed                                                               
because there  were no  hard numbers to  refer to.  The committee                                                               
had no information of the  actual occurrences of vandalism by the                                                               
juveniles and  the committee was  not aware of the  actual number                                                               
of  pre-teen  and  teenage  juveniles   and  so  they  could  not                                                               
determine  a  risk factor.  He  said  he believes  that  somebody                                                               
should  be  held responsible  so  that  the property  owner  gets                                                               
restitution. He expressed support  for the state taking liability                                                               
for juveniles in custody.                                                                                                       
                                                                                                                                
SENATOR HUGGINS referred to the  matrix provided by Senator Guess                                                               
and  asked  whether   the  parents  would  be   held  liable  for                                                               
restitution under any of the potential amendments.                                                                              
                                                                                                                                
SENATOR  GUESS  responded under  the  first  posed situation  the                                                               
parents would be liable for a segment of the restitution.                                                                       
                                                                                                                                
9:12:21 AM                                                                                                                    
CHAIR  SEEKINS said  part of  his  concern was  for the  property                                                               
owner and insurance  companies tend to search for  ways to recoup                                                               
their losses.                                                                                                                   
                                                                                                                                
MR.  NEWMAN said  his  previous testimony  pointed  out that  the                                                               
state  was  already  holding  children  accountable  for  causing                                                               
damage while in  state's custody. The department  forces the kids                                                               
to work off the damage and  they occasionally take them to court.                                                               
Currently the  statute says that parents  retain residual rights,                                                               
one of  which is  support of  a minor and  would include  acts of                                                               
vandalism. He  said it was difficult  to tell how the  bill would                                                               
change the  situation. By codifying  that the state is  liable it                                                               
would open  up third  party claims,  which do  not exist  at this                                                               
time. He  said he was  reluctant to  believe there was  a problem                                                               
and that the bill was necessary.                                                                                                
                                                                                                                                
9:14:52 AM                                                                                                                    
SENATOR  GUESS clarified  for the  committee that  the issue  was                                                               
vandalism that  is over $25,000  and the bill limits  the state's                                                               
liability  to  $15,000.  She  took   issue  with  the  continuing                                                               
reference to  the possible abuse  from the "deep pockets"  of the                                                               
state. From  the data  that the  sponsors gathered  the vandalism                                                               
claims were almost all $5,000 or less.                                                                                          
                                                                                                                                
The  bill  is  intended  to  hold  juveniles  and  their  parents                                                               
responsible for  some of the  damages incurred by  vandalism. She                                                               
cited a recent  case in Anchorage where a juvenile  burned down a                                                               
playground and the parent advised  the school that they shouldn't                                                               
have flammable playgrounds. The bill  is to address those parents                                                               
that  are not  taking  responsibility for  the  actions of  their                                                               
children.                                                                                                                       
                                                                                                                                
9:17:01 AM                                                                                                                    
MS.  CARPENETI  added  that  SB  10 would  affect  all  sorts  of                                                               
instances of children  causing damages and the  ability of people                                                               
to  recover.  The Office  of  Victim's  Rights is  interested  to                                                               
testify on the bill as well, she said.                                                                                          
                                                                                                                                
CHAIR SEEKINS said his personal  leaning was toward option number                                                               
two, labeled 24-LS0115\O.4.                                                                                                     
                                                                                                                                
9:18:23 AM                                                                                                                    
STACY  STEINBERG, Section  Chief  of  Collections, Department  of                                                               
Law, (DOL)  commented there was  a statistic that didn't  seem to                                                               
match  up. Her  section, which  is  part of  the civil  division,                                                               
collects  criminal  restitution owed  to  victims  and also  they                                                               
collect restitution in juvenile  delinquency cases that have gone                                                               
to  formal adjudication.  She reported  that they  currently have                                                               
356 open juvenile  delinquency files and of that  amount 124 were                                                               
over  $5,000 dollars.  This differs  from  Senator Guess's  claim                                                               
that 98  percent of claims are  less than $5,000 dollars  and she                                                               
questioned what those numbers reflect.  SB 10 would also make the                                                               
restitution process much slower, she reported.                                                                                  
                                                                                                                                
SENATOR  GUESS  responded  that   the  statistics  were  hard  to                                                               
delineate between  the person and  the property crimes.  The data                                                               
she cited was  reported from the municipalities  on actual damage                                                               
and not just the cases that had gone through the system.                                                                        
                                                                                                                                
9:21:22 AM                                                                                                                    
CYNTHIA HORA, Associate Victim's  Rights Advocate with the Alaska                                                               
Office of  Victim's Rights, said  her comments were on  behalf of                                                               
the victims. The  Office of Victim's Rights  supports the concept                                                               
of  consistency  relating to  the  ability  of crime  victims  to                                                               
obtain restitution from those who  have caused damage. The amount                                                               
and ability to collect should  not depend on whether the juvenile                                                               
is  placed   on  informal   probation,  formally   adjudicated  a                                                               
delinquent,  or  sued  civilly  when the  state  decides  not  to                                                               
prosecute.                                                                                                                      
                                                                                                                                
Restitution is  very important  to victims.  They often  suffer a                                                               
high emotional  price and  they should  not be  made to  bear the                                                               
economic price  of the crime. The  wait is often years  until the                                                               
juvenile case  is resolved and  restitution is  formally ordered.                                                               
The citizens  of Alaska recognized the  importance of restitution                                                               
when they passed the constitutional right to restitution.                                                                       
                                                                                                                                
The  Office  of  Victim's  Rights   supports  prompt  payment  of                                                               
restitution  and  they oppose  any  amendment  that acts  against                                                               
that. They oppose having the  juvenile solely responsible for the                                                               
first $5,000  dollars. Victims  should be  paid first  and having                                                               
the juvenile  responsible does  not serve  that goal.  The Office                                                               
also  opposes a  cap on  parental liability  especially when  the                                                               
parents are  financially able to  pay. They oppose  relieving the                                                               
parents  of  responsibility when  the  child  is a  runaway.  The                                                               
purpose of  the juvenile statutes dealing  with delinquent minors                                                               
addresses  both  juvenile  and parental  accountability.  Holding                                                               
parents  fully  liable will  keep  them  involved by  making  the                                                               
juvenile work to pay the parents  back and to get the restitution                                                               
paid off.                                                                                                                       
                                                                                                                                
9:25:06 AM                                                                                                                    
MS. HORA  directed the  committee to AS  47.12.010 and  cited the                                                               
majority of it:                                                                                                                 
Sec. 47.12.010.  Goal and purposes of chapter.                                                                                  
     (a) The goal of this chapter is to promote a balanced                                                                      
juvenile justice  system in the  state to protect  the community,                                                               
impose accountability  for violations of law,  and equip juvenile                                                               
offenders  with  the  skills  needed   to  live  responsibly  and                                                               
productively.                                                                                                                   
     (b) The purposes of this chapter are to                                                                                    
     (1) respond to a juvenile offender's needs in a manner that                                                                
is consistent with                                                                                                              
     (A) prevention of repeated criminal behavior;                                                                              
     (B) restoration of the community and victim;                                                                               
     (C) protection of the public; and                                                                                          
     (D) development of the juvenile into a productive citizen;                                                                 
     (2) protect citizens from juvenile crime;                                                                                  
     (3) hold each juvenile offender directly accountable for                                                                   
the offender's conduct;                                                                                                         
     (4) provide swift and consistent consequences for crimes                                                                   
committed by juveniles;                                                                                                         
     (5) make the juvenile justice system more open, accessible,                                                                
and accountable to the public;                                                                                                  
     (6) require parental or guardian participation in the                                                                      
juvenile justice process;                                                                                                       
     (7) create an expectation that parents will be held                                                                        
responsible for the conduct and needs of their children;                                                                        
     (8) ensure that victims, witnesses, parents, foster                                                                        
parents, guardians, juvenile offenders,  and all other interested                                                               
parties  are   treated  with  dignity,  respect,   courtesy,  and                                                               
sensitivity throughout all legal proceedings;                                                                                   
     (9) provide due process through which juvenile offenders,                                                                  
victims,   parents,  and   guardians  are   assured  fair   legal                                                               
proceedings during  which constitutional  and other  legal rights                                                               
are recognized and enforced;                                                                                                    
     (10) divert juveniles from the formal juvenile justice                                                                     
process through  early intervention as warranted  when consistent                                                               
with the protection of the public;                                                                                              
     (11) provide an early, individualized assessment and action                                                                
plan  for each  juvenile  offender in  order  to prevent  further                                                               
criminal behavior  through the development of  appropriate skills                                                               
in the juvenile offender so that  the juvenile is more capable of                                                               
living productively and responsibly in the community;                                                                           
     (12) ensure that victims and witnesses of crimes committed                                                                 
by  juveniles  are  afforded  the  same  rights  as  victims  and                                                               
witnesses of crimes committed by adults;                                                                                        
     (13) encourage and provide opportunities for local                                                                         
communities and  groups to  play an active  role in  the juvenile                                                               
justice process in ways that are culturally relevant; and                                                                       
     (14) review and evaluate regularly and independently the                                                                   
effectiveness of programs and services under this chapter.                                                                      
                                                                                                                                
MS.  HORA   asserted  people  have  a   constitutional  right  to                                                               
restitution.  Adults  are  ordered  to pay  the  full  amount  of                                                               
restitution with no  delay in beginning payments.  She asked that                                                               
the   committee   not   adopt    the   limitation   on   parental                                                               
responsibility.  She asked  that  the committee  not require  the                                                               
juvenile  to be  responsible for  the first  $5,000 and  that the                                                               
parents of runaways also be held liable.                                                                                        
                                                                                                                                
9:27:07 AM                                                                                                                    
SENATOR  GUESS clarified  that current  statute does  not require                                                               
full restitution.  SB 10 is the  first attempt to conform  all of                                                               
the systems so  that full restitution can be  reached. There have                                                               
been  cases  where  the  judge determines  the  amount  that  the                                                               
juvenile and parent can afford,  assigns that number and declares                                                               
it "full restitution."                                                                                                          
                                                                                                                                
SENATOR GUESS said she believes  that there should be consistency                                                               
in all  of the systems as  well as full restitution.  The bill is                                                               
an attempt  to create  a better  balance and  has evolved  out of                                                               
much public,  departmental, and legislative comment.  In response                                                               
to the  Office of Victim's Rights,  they are correct that  if the                                                               
goal  were simply  to bring  full restitution  to the  victims as                                                               
soon  as   possible  then  SB   10  would  have  to   be  changed                                                               
dramatically. That  goal was not  the sole intent,  although that                                                               
is a valid concern.                                                                                                             
                                                                                                                                
SENATOR HUGGINS stated for the record  that he did not agree with                                                               
a judge  assessing fines due to  ability to pay. His  opinion was                                                               
that every vandal  should be forced to pay  full and unrestricted                                                               
restitution.                                                                                                                    
                                                                                                                                
CHAIR  SEEKINS closed  public testimony  and asked  for committee                                                               
comment.                                                                                                                        
                                                                                                                                
SENATOR FRENCH moved to adopt Amendment 1.                                                                                      
                                                                                                                                
                                                      24-LS0115\O.2                                                             
                                                             Cook                                                               
                                                                                                                                
                      A M E N D M E N T 1                                                                                   
                                                                                                                                
OFFERED IN THE SENATE                          BY SENATOR GUESS                                                                 
     TO:  CCSB 10(JUD), Draft Version "O"                                                                                       
                                                                                                                                
Page 4, lines 15 - 24:                                                                                                          
     Delete all material and insert:                                                                                            
   "* Sec. 6. AS 34.50.020(b) is repealed and reenacted to read:                                                            
          (b) The state is liable, to the same extent a parent                                                                  
     is  liable under  (a)  of this  section, for  an  act of  an                                                               
     unemancipated minor committed while  in state custody if the                                                               
     parental   rights  of   the   minor's   parents  have   been                                                               
     terminated.   This subsection does  not apply if the  act is                                                               
     committed while  the minor has  run away or is  missing from                                                               
     state custody."                                                                                                            
                                                                                                                                
Page 7, line 29, through page 8, line 7:                                                                                        
     Delete all material.                                                                                                       
     Insert "(the  index). The index  for January of 2006  is the                                                               
reference base  index. The state is  responsible for restitution,                                                               
to  the   same  extent  a   parent  is  responsible   under  this                                                               
subsection,  for an  act  of  a minor  committed  while in  state                                                               
custody if the  parental rights of the minor's  parents have been                                                               
terminated.    This subsection  does  not  apply  if the  act  is                                                               
committed while the  minor has run away or is  missing from state                                                               
custody."                                                                                                                       
                                                                                                                                
Page 14, lines 22 - 31:                                                                                                         
     Delete all material.                                                                                                       
     Insert "of  2006 is the  reference base index. The  state is                                                               
responsible  for restitution,  to  the same  extent  a parent  is                                                               
responsible  under  this  subsection,  for  an  act  of  a  minor                                                               
committed while  in state custody  if the parental rights  of the                                                               
minor's parents have  been terminated.  This  subsection does not                                                               
apply if the act is committed while  the minor has run away or is                                                               
missing from state custody."                                                                                                    
                                                                                                                                
CHAIR  SEEKINS  objected and  said  he  would prefer  the  option                                                               
labeled 24-LS0115\O.4. He  said it closes a black hole  as far as                                                               
the victim's property rights are concerned.                                                                                     
                                                                                                                                
SENATOR GUESS said if the juvenile  is in state's custody and the                                                               
parental  rights have  not been  terminated they  would still  be                                                               
liable so  there wouldn't be  a black hole  as far as  the victim                                                               
was concerned.                                                                                                                  
                                                                                                                                
CHAIR SEEKINS announced a brief recess at 9:36:09 AM.                                                                         
                                                                                                                                
9:45:16 AM                                                                                                                    
SENATOR FRENCH withdrew Amendment 1.                                                                                            
                                                                                                                                
SENATOR HUGGINS moved Amendment 2.                                                                                              
                                                                                                                                
                                                      24-LS0115\O.4                                                             
                                                             Cook                                                               
                                                                                                                                
                      A M E N D M E N T 2                                                                                   
                                                                                                                                
OFFERED IN THE SENATE                          BY SENATOR GUESS                                                                 
     TO:  CSSB 10(JUD), Draft Version "O"                                                                                       
                                                                                                                                
Page 4, lines 15 - 24:                                                                                                          
     Delete all material and insert:                                                                                            
   "* Sec. 6. AS 34.50.020(b) is repealed and reenacted to read:                                                            
          (b) The state is liable, to the same extent a parent                                                                  
     is  liable under  (a)  of this  section, for  an  act of  an                                                               
     unemancipated minor committed while  in the legal custody of                                                               
     the state,  except that the state  is not liable if  the act                                                               
     is  committed  while  the  minor has  run  away  from  state                                                               
     custody, is missing  from state custody, or  has been placed                                                               
     by the  state into the physical  custody of a parent  of the                                                               
     minor. If  the minor has been  placed by the state  into the                                                               
     physical custody  of a  parent, the  parent is  liable under                                                               
     (a)  of  this  section  for an  act  committed  during  that                                                               
     placement.  To the  extent that  the state  is liable  under                                                               
     this subsection,  a parent is  not liable under (a)  of this                                                               
     section."                                                                                                                  
                                                                                                                                
Page 7, line 29, through page 8, line 7:                                                                                        
     Delete all material.                                                                                                       
     Insert "(the  index). The index  for January of 2006  is the                                                               
reference base  index. The state is  responsible for restitution,                                                               
to the  same extent  a parent with  legal custody  is responsible                                                               
for  restitution under  this subsection,  for an  act of  a minor                                                               
committed while  in the legal  custody of the state,  except that                                                               
the state  is not responsible if  the act is committed  while the                                                               
minor  has run  away from  state custody,  is missing  from state                                                               
custody,  or has  been  placed  by the  state  into the  physical                                                               
custody of  a parent of the  minor. If the minor  has been placed                                                               
by the  state into the physical  custody of a parent,  the parent                                                               
is responsible for  restitution for an act  committed during that                                                               
placement to the same extent as a parent with legal custody."                                                                   
                                                                                                                                
Page 14, lines 22 - 31:                                                                                                         
     Delete all material.                                                                                                       
     Insert "of 2006 is the reference base index. The state is                                                                  
responsible for  restitution, to  the same  extent a  parent with                                                               
legal  custody   is  responsible   for  restitution   under  this                                                               
subsection, for  an act of a  minor committed while in  the legal                                                               
custody of  the state, except  that the state is  not responsible                                                               
if the act  is committed while the minor has  run away from state                                                               
custody, is  missing from  state custody, or  has been  placed by                                                               
the state into the physical custody  of a parent of the minor. If                                                               
the minor has been placed by  the state into the physical custody                                                               
of a  parent, the  parent is responsible  for restitution  for an                                                               
act  committed during  that placement  to  the same  extent as  a                                                               
parent with legal custody."                                                                                                     
                                                                                                                                
SENATOR FRENCH objected.                                                                                                        
                                                                                                                                
Roll call proved  Amendment 2 passed on a three  to one vote with                                                               
Senators Huggins, Guess and Chair  Seekins voting yea and Senator                                                               
French voting nay.                                                                                                              
                                                                                                                                
CHAIR SEEKINS  asked the  sponsors to roll  the amendment  into a                                                               
committee substitute  (CS) for the  committee to  consider during                                                               
the next scheduled meeting. He held the bill in committee.                                                                      
                                                                                                                                
CHAIR SEEKINS announced a brief recess at 9:46:34 AM.                                                                         
                                                                                                                                
         SB 209-UNDERAGE MILITARY ON LICENSED PREMISES                                                                      
                                                                                                                                
9:55:57 AM                                                                                                                    
CHAIR RALPH SEEKINS announced a  committee substitute (CS) for SB                                                               
209 to be up for consideration.                                                                                                 
                                                                                                                                
SENATOR CHARLIE  HUGGINS, sponsor,  introduced the bill.  He said                                                               
it would  allow veterans organizations to  enhance camaraderie in                                                               
the military  by allowing persons under  the age of 21  to attend                                                               
meetings or functions in a military club that sells alcohol.                                                                    
                                                                                                                                
JOSH  SAMPLE, staff  to Senator  Huggins  said SB  209 amends  AS                                                               
04.11.110(g) by authorizing  access of persons below  21 years of                                                               
age to a club's  licensed premises without specific authorization                                                               
by  the  Alcoholic Beverage  Control  board  (ABC) under  certain                                                               
circumstances.                                                                                                                  
                                                                                                                                
9:58:55 AM                                                                                                                    
SENATOR GUESS asked Mr. Sample  whether there was a definition of                                                               
"patriotic organization" in statute.                                                                                            
                                                                                                                                
MR. SAMPLE  said it was understood  that "patriotic organization"                                                               
and "veterans organization"  was one and the same.  He said there                                                               
was no  definition in statutes  but that there was  no confusion,                                                               
according to the legislative legal department.                                                                                  
                                                                                                                                
SENATOR  HUGGINS added  there were  six  or seven  groups in  the                                                               
state that have establishments where the bill would apply.                                                                      
                                                                                                                                
SENATOR   GUESS   expressed   concern   that   since   "patriotic                                                               
organization"  was not  defined  in the  statutes, an  unintended                                                               
establishment could become creative  and qualify. She advised the                                                               
sponsor to define patriotic organization.                                                                                       
                                                                                                                                
SENATOR HUGGINS agreed.                                                                                                         
                                                                                                                                
SENATOR GUESS  moved to adopt  the CS for  SB 209, version  \Y as                                                               
the working document before the  committee. Hearing no objection,                                                               
the motion carried.                                                                                                             
                                                                                                                                
SENATOR FRENCH  opined the  director of the  ABC board  should be                                                               
able to comment on the definition.                                                                                              
                                                                                                                                
10:02:50 AM                                                                                                                   
JAMES VAN  HORN, staff to  Representative Jim Elkins,  said there                                                               
is a mirror bill in the House  and the same question came up. The                                                               
definition of  "patriotic organization" is the  same as "veterans                                                               
organization" as defined in ABC regulation.                                                                                     
                                                                                                                                
SENATOR  HUGGINS added  the intent  of  the bill  was to  connect                                                               
young people to an environment  with older veterans who could act                                                               
as mentors and provide support and advice.                                                                                      
                                                                                                                                
SENATOR  GUESS  asked  Mr.  Sample  whether  there  should  be  a                                                               
reference to  the definition of "patriotic  organizations" in the                                                               
bill.                                                                                                                           
                                                                                                                                
MR.  SAMPLE  assured  the  committee  that  the  drafter  in  the                                                               
legislative legal department said that was not necessary.                                                                       
                                                                                                                                
SENATOR GUESS  clarified that  a clear  definition makes  the law                                                               
unchallengeable.                                                                                                                
                                                                                                                                
10:08:30 AM                                                                                                                   
CLAYTON  LOVE, Commander,  Disabled American  Veterans Department                                                               
of Alaska  testified in support  of SB  209. He said  club owners                                                               
understand  the intent  of the  bill  and would  not risk  losing                                                               
their license by serving underage individuals.                                                                                  
                                                                                                                                
10:11:06 AM                                                                                                                   
JOHN WILKINS,  Director of  Services, Disabled  American Veterans                                                               
Department  of  Alaska  testified  in   support  of  SB  209.  He                                                               
suggested   that  young   men  and   women  need   mentoring  and                                                               
camaraderie  and  that would  be  supplied  by allowing  them  to                                                               
congregate in the patriotic clubs.                                                                                              
                                                                                                                                
10:15:50 AM                                                                                                                   
HOWARD CULBERT, Commander,  Disabled American Veterans Department                                                               
of Alaska testified in support of SB 209.                                                                                       
                                                                                                                                
10:21:02 AM                                                                                                                   
CHAIR SEEKINS closed public testimony.                                                                                          
                                                                                                                                
SENATOR GUESS moved CSSB 209(JUD)  from committee with individual                                                               
recommendations and attached fiscal  notes. Hearing no objection,                                                               
the motion carried.                                                                                                             
                                                                                                                                
There being  no further  business to  come before  the committee,                                                               
Chair Seekins adjourned the meeting at 10:21:33 AM.                                                                           
                                                                                                                                
                                                                                                                                

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