Legislature(2005 - 2006)BUTROVICH 205

02/15/2006 08:30 AM JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 240 DRUG OFFENSES: NEIGHBORS AS CRIME VICTIMS TELECONFERENCED
Moved SB 240 Out of Committee
*+ SB 249 REPORTING BAIL AND RELEASE INFORMATION TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
= HB 269 HAZARDOUS SUBSTANCE RELEASE LIABILITY
Moved SCS CSHB 269(JUD) Out of Committee
= HB 107 HUNTING/FISHING INTERFERENCE
Moved SCS CSHB 107(JUD) Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                       February 15, 2006                                                                                        
                           8:40 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Ralph Seekins, Chair                                                                                                    
Senator Charlie Huggins, Vice Chair                                                                                             
Senator Gene Therriault                                                                                                         
Senator Hollis French                                                                                                           
Senator Gretchen Guess                                                                                                          
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                              
SENATE BILL NO. 240                                                                                                             
"An Act relating to rights of crime victims."                                                                                   
     MOVED SB 240 OUT OF COMMITTEE                                                                                              
                                                                                                                                
SENATE BILL NO. 249                                                                                                             
"An Act relating to criminal justice information."                                                                              
     HEARD AND HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 269                                                                                                              
"An Act relating to contribution actions relating to the release                                                                
of a hazardous substance; and providing for an effective date."                                                                 
     MOVED SCS HB 269(JUD) OUT OF COMMITTEE                                                                                     
                                                                                                                                
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."                                                                                           
     MOVED SCS CSHB 107(JUD) OUT OF COMMITTEE                                                                                   
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 240                                                                                                                  
SHORT TITLE: DRUG OFFENSES: NEIGHBORS AS CRIME VICTIMS                                                                          
SPONSOR(s): SENATOR(s) FRENCH                                                                                                   
                                                                                                                                
01/17/06       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/17/06       (S)       JUD, FIN                                                                                               
02/09/06       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
02/09/06       (S)       Scheduled But Not Heard                                                                                
02/15/06       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SB 249                                                                                                                  
SHORT TITLE: REPORTING BAIL AND RELEASE INFORMATION                                                                             
SPONSOR(s): SENATOR(s) FRENCH                                                                                                   
                                                                                                                                
01/23/06       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/23/06       (S)       JUD                                                                                                    
02/15/06       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
                                                                                                                                
BILL: HB 269                                                                                                                  
SHORT TITLE: HAZARDOUS SUBSTANCE RELEASE LIABILITY                                                                              
SPONSOR(s): REPRESENTATIVE(s) RAMRAS                                                                                            
                                                                                                                                
04/14/05       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/14/05       (H)       RES, JUD                                                                                               
04/22/05       (H)       RES AT 1:00 PM CAPITOL 124                                                                             
04/22/05       (H)       Scheduled But Not Heard                                                                                
04/25/05       (H)       RES AT 1:00 PM CAPITOL 124                                                                             
04/25/05       (H)       Moved Out of Committee                                                                                 
04/25/05       (H)       MINUTE(RES)                                                                                            
04/26/05       (H)       RES RPT 4DP 2NR                                                                                        
04/26/05       (H)       DP: OLSON, LEDOUX, ELKINS, RAMRAS;                                                                     
04/26/05       (H)       NR: GATTO, CRAWFORD                                                                                    
04/27/05       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/27/05       (H)       Moved Out of Committee                                                                                 
04/27/05       (H)       MINUTE(JUD)                                                                                            
04/28/05       (H)       JUD RPT 6DP                                                                                            
04/28/05       (H)       DP: KOTT, ANDERSON, DAHLSTROM, COGHILL,                                                                
                         GARA, MCGUIRE                                                                                          
04/30/05       (H)       TRANSMITTED TO (S)                                                                                     
04/30/05       (H)       VERSION: HB 269                                                                                        
05/01/05       (S)       READ THE FIRST TIME - REFERRALS                                                                        
05/01/05       (S)       RES, JUD                                                                                               
01/23/06       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
01/23/06       (S)       Heard & Held                                                                                           
01/23/06       (S)       MINUTE(RES)                                                                                            
01/30/06       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
01/30/06       (S)       Moved HB 269 Out of Committee                                                                          
01/30/06       (S)       MINUTE(RES)                                                                                            
02/01/06       (S)       RES RPT 5DP 2NR                                                                                        
02/01/06       (S)       DP: WAGONER, ELTON, KOOKESH, DYSON,                                                                    
                         STEVENS B                                                                                              
02/01/06       (S)       NR: SEEKINS, STEDMAN                                                                                   
02/14/06       (S)       JUD AT 9:00 AM BUTROVICH 205                                                                           
02/14/06       (S)       Scheduled But Not Heard                                                                                
                                                                                                                                
BILL: HB 107                                                                                                                  
SHORT TITLE: HUNTING/FISHING INTERFERENCE                                                                                       
SPONSOR(s): REPRESENTATIVE(s) RAMRAS                                                                                            
                                                                                                                                
01/24/05       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/24/05       (H)       RES, JUD                                                                                               
02/02/05       (H)       RES AT 1:00 PM CAPITOL 124                                                                             
02/02/05       (H)       Heard & Held                                                                                           
02/02/05       (H)       MINUTE(RES)                                                                                            
02/09/05       (H)       RES AT 1:00 PM CAPITOL 124                                                                             
02/09/05       (H)       Heard & Held                                                                                           
02/09/05       (H)       MINUTE(RES)                                                                                            
02/16/05       (H)       RES AT 1:00 PM CAPITOL 124                                                                             
02/16/05       (H)       Moved CSHB 107(RES) Out of Committee                                                                   
02/16/05       (H)       MINUTE(RES)                                                                                            
02/18/05       (H)       RES RPT CS(RES) NT 3DP 1DNP 4NR                                                                        
02/18/05       (H)       DP: OLSON, ELKINS, RAMRAS;                                                                             
02/18/05       (H)       DNP: SEATON;                                                                                           
02/18/05       (H)       NR: GATTO, LEDOUX, CRAWFORD, KAPSNER                                                                   
02/18/05       (H)       FIN REFERRAL ADDED AFTER JUD                                                                           
03/02/05       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/02/05       (H)       Heard & Held                                                                                           
03/02/05       (H)       MINUTE(JUD)                                                                                            
03/04/05       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/04/05       (H)       Moved CSHB 107(JUD) Out of Committee                                                                   
03/04/05       (H)       MINUTE(JUD)                                                                                            
03/07/05       (H)       JUD RPT CS(JUD) NT 3DP 3NR                                                                             
03/07/05       (H)       DP: GRUENBERG, ANDERSON, MCGUIRE;                                                                      
03/07/05       (H)       NR: DAHLSTROM, COGHILL, GARA                                                                           
03/15/05       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
03/15/05       (H)       Moved CSHB 107(FIN) Out of Committee                                                                   
03/15/05       (H)       MINUTE(FIN)                                                                                            
03/16/05       (H)       FIN RPT CS(FIN) NT 2DP 6NR                                                                             
03/16/05       (H)       DP: HAWKER, STOLTZE;                                                                                   
03/16/05       (H)       NR: WEYHRAUCH, CROFT, MOSES, KELLY,                                                                    
                        MEYER, CHENAULT                                                                                         
05/08/05       (H)       TRANSMITTED TO (S)                                                                                     
05/08/05       (H)       VERSION: CSHB 107(FIN)                                                                                 
05/09/05       (S)       READ THE FIRST TIME - REFERRALS                                                                        
05/09/05       (S)       RES, JUD                                                                                               
01/23/06       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
01/23/06       (S)       Heard & Held                                                                                           
01/23/06       (S)       MINUTE(RES)                                                                                            
01/30/06       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
01/30/06       (S)       Moved   SCS   CSHB   107(RES)   Out   of                                                               
                         Committee                                                                                              
01/30/06       (S)       MINUTE(RES)                                                                                            
02/01/06       (S)       RES RPT SCS 3DP 4NR SAME TITLE                                                                         
02/01/06       (S)       DP: WAGONER, DYSON, STEVENS B                                                                          
02/01/06       (S)       NR: ELTON, KOOKESH, SEEKINS, STEDMAN                                                                   
02/09/06       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
02/09/06       (S)       Scheduled But Not Heard                                                                                
02/14/06       (S)       JUD AT 9:00 AM BUTROVICH 205                                                                           
02/14/06       (S)       Heard & Held                                                                                           
02/14/06       (S)       MINUTE(JUD)                                                                                            
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                              
Jane Pierson, Legislative Aide                                                                                                  
Representative Jay Ramras                                                                                                       
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Introduced HB 269                                                                                        
                                                                                                                                
Breck Tostivan, Senior Assistant Attorney General                                                                               
Department of Law                                                                                                               
PO Box 110300                                                                                                                   
Juneau, AK  99811-0300                                                                                                          
POSITION STATEMENT:  Testified in support of SB 269                                                                           
                                                                                                                              
Jim Pound, Legislative Aide                                                                                                     
Representative Jay Ramras                                                                                                       
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Introduced HB 107                                                                                        
                                                                                                                              
Doug Wooliver, Administrative Attorney                                                                                          
Alaska Court System                                                                                                             
303 K St.                                                                                                                       
Anchorage, AK  99501-2084                                                                                                       
POSITION STATEMENT:  Testified in support of SB 249                                                                           
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  RALPH   SEEKINS  called  the  Senate   Judiciary  Standing                                                             
Committee meeting to  order at 8:40:35 AM.  Present were Senators                                                             
Hollis French, Charlie Huggins,  Gene Therriault, Gretchen Guess,                                                               
and Chair Ralph Seekins.                                                                                                        
                                                                                                                                
          HB 269-HAZARDOUS SUBSTANCE RELEASE LIABILITY                                                                      
                                                                                                                                
8:41:05 AM                                                                                                                    
CHAIR RALPH SEEKINS announced HB 269 to be up for consideration.                                                                
                                                                                                                                
JANE PIERSON, Staff to Representative  Jay Ramras, introduced the                                                               
bill. She  explained that  HB 269  is meant  to address  a United                                                               
States Supreme  Court decision in  the case of  Cooper Industries                                                               
v.  Aviall   Services.  The  US   Supreme  Court  found   that  a                                                               
responsible party who cleans up  a contaminated property couldn't                                                               
bring  a contribution  action against  another responsible  party                                                               
until  such time  as it  has been  sued by  the state  or federal                                                               
government   or  has   entered  into   a  formal   administrative                                                               
settlement of liability.                                                                                                        
                                                                                                                                
The Aviall  decision puts  into question  the rights  of Alaskans                                                               
who conduct  voluntary cleanups on contaminated  property against                                                               
other  potentially responsible  parties. Voluntary  cleanups form                                                               
the majority of environmental cleanups  and relieve a substantial                                                               
burden from the state.                                                                                                          
                                                                                                                                
8:42:49 AM                                                                                                                    
MS.  PIERSON   summarized  the  right  to   contribution  actions                                                               
provides incentives  for voluntary  cleanups by  allowing parties                                                               
to recover some of the  costs from other responsible parties that                                                               
fail to  assist with remediation.  HB 269 would  clarify language                                                               
in  AS 46.03.822(j)  thereby  ensuring  that responsible  parties                                                               
that conduct  voluntary cleanups may bring  contributions actions                                                               
against other responsible parties.                                                                                              
                                                                                                                                
8:43:51 AM                                                                                                                    
SENATOR  GENE  THERRIAULT  asked  Ms. Pierson  to  summarize  the                                                               
written decision of the US Supreme Court.                                                                                       
                                                                                                                                
MS. PIERSON  explained the decision  stated that it was  a timing                                                               
issue of  when contribution  claims could  be started.  The Court                                                               
said they  couldn't be started  until such  time as the  state or                                                               
federal  government  had  formally  sued.  The  problem  is  that                                                               
instead  of  bringing  other  responsible  parties  in  from  the                                                               
beginning, it is now uncertain when  they can be brought into the                                                               
action.                                                                                                                         
                                                                                                                                
SENATOR THERRIAULT asked whether  other responsible parties could                                                               
be brought in voluntarily before a suit occurred.                                                                               
                                                                                                                                
MS.  PIERSON said  yes.  The  owner would  pay  to  clean up  the                                                               
property and  the courts would get  involved only if there  was a                                                               
disagreement.                                                                                                                   
                                                                                                                                
8:45:33 AM                                                                                                                    
SENATOR  HOLLIS FRENCH  said  he  read several  pages  of the  US                                                               
Supreme  Court opinion  in the  Aviall case.  It was  a statutory                                                               
cause  of  action and  because  the  statute didn't  authorize  a                                                               
contribution action  before there  was a lawsuit,  there couldn't                                                               
be  a contribution  action unless  there was  a lawsuit  and that                                                               
means there  is no such thing  as a voluntary agreement  to clean                                                               
up a  spill. It  was a  very narrow and  legalistic view  of what                                                               
Congress had  done and because  Congress didn't specify  that two                                                               
parties  could voluntarily  get together  and do  the cleanup,  a                                                               
party cannot sue to bring in another party, he explained.                                                                       
                                                                                                                                
SENATOR  THERRIAULT  asked  for  a  definition  of  "contribution                                                               
action."                                                                                                                        
                                                                                                                                
SENATOR FRENCH  posed a hypothetical  situation of a  gas station                                                               
owner  who has  a leaky  tank  and sells  the business  to a  new                                                               
owner. The  new owner is  aware of the  leaky tank and  two years                                                               
later gets sued  to clean it up. A "contribution  action" is when                                                               
the new  owner forces the  help of the  previous owner to  do the                                                               
cleanup.  The statute  wouldn't allow  the new  owner to  sue the                                                               
previous owner unless the new  owner had been sued first. Because                                                               
the statute does  not authorize it, the statute must  be fixed to                                                               
allow for a voluntary contribution claim.                                                                                       
                                                                                                                                
CHAIR SEEKINS  said he understood it  to be that a  private party                                                               
that  has not  been  sued under  the Comprehensive  Environmental                                                               
Response Compensation  and Liability Act (CERCLA)  may not obtain                                                               
contribution from other liable parties.                                                                                         
                                                                                                                                
8:51:24 AM                                                                                                                    
SENATOR HUGGINS asked Ms. Pierson  how the sponsor discovered the                                                               
need for the bill.                                                                                                              
                                                                                                                                
MS. PIERSON advised the committee that  it came as a request from                                                               
the attorney general's office.                                                                                                  
                                                                                                                                
BRECK TOSTAVIN, Senior Assistant  Attorney General, Department of                                                               
Law (DOL),  informed the committee  that their  interpretation of                                                               
the Aviall decision  was correct. The concern  with that decision                                                               
in regard  to state law is  that AS 46.03.822 is  patterned after                                                               
CERCLA.  That  decision creates  an  uncertainty  of whether  the                                                               
Alaska Supreme Court would interpret a  case in the same way that                                                               
the  US  Supreme  Court  did.  The concern  is  that  they  could                                                               
interpret it to  require the state to actually  sue a responsible                                                               
party to  allow that responsible party  to bring in others  for a                                                               
contribution action.                                                                                                            
                                                                                                                                
The  voluntary cleanup  process  in Alaska  occurs  in a  forward                                                               
process.  When   contamination  is   found,  the   Department  of                                                               
Environmental Conservation  (DEC) sends out notifications  to the                                                               
responsible parties who  hire consultants and then  engage in the                                                               
voluntary cleanup.  They then  seek to  recover costs  from other                                                               
responsible parties.  HB 269  would keep  the current  process in                                                               
place. The  Aviall decision conflicts  with the  Laidlaw decision                                                               
[Federal Deposit Insurance Corporation  v. Laidlaw Transit] where                                                               
the Alaska  Supreme Court  said that a  lawsuit was  not required                                                               
for   a   contribution   action.   The  Court   said   a   formal                                                               
administrative action initiated by the  DEC was enough to trigger                                                               
rights  to a  contribution action.  The bill  clarifies that  the                                                               
timing of  the contribution right  is triggered by  the potential                                                               
liability determination by the DEC.                                                                                             
                                                                                                                                
8:55:02 AM                                                                                                                    
CHAIR   SEEKINS  reiterated   that   a  person   could  bring   a                                                               
contribution  action  once  that  person  receives  a  notice  of                                                               
potential    liability   determination    from   the    DEC.   An                                                               
administrative  action   gives  the  authority  to   go  after  a                                                               
contribution action on another potentially responsible party.                                                                   
                                                                                                                                
MR.  TOSTAVIN  agreed. Once  a  party  receives notification  and                                                               
begins to incur  expenses associated with the  cleanup, they have                                                               
the contribution action right.                                                                                                  
                                                                                                                                
CHAIR SEEKINS  noted there was no  one else signed up  to testify                                                               
and so he closed public testimony.                                                                                              
                                                                                                                                
SENATOR FRENCH expressed support for the bill.                                                                                  
                                                                                                                                
8:57:15 AM                                                                                                                    
SENATOR HUGGINS moved to adopt  version G as the working document                                                               
before the committee. Hearing no objections, the motion carried.                                                                
                                                                                                                                
SENATOR  HUGGINS moved  to adopt  the  Senate Judiciary  Standing                                                               
Committee  letter of  intent. Hearing  no objections,  the motion                                                               
carried.                                                                                                                        
                                                                                                                                
SENATOR  THERRIAULT moved  SCS HB  269(JUD)  from committee  with                                                               
individual recommendations and the  attached fiscal notes and the                                                               
letter of intent. Hearing no objections, the motion carried.                                                                    
                                                                                                                                
CHAIR SEEKINS announced a brief recess at 8:58:39 AM.                                                                         
                                                                                                                                
              HB 107-HUNTING/FISHING INTERFERENCE                                                                           
                                                                                                                                
9:01:41 AM                                                                                                                    
CHAIR  RALPH SEEKINS  recognized  Representative  Jay Ramras  and                                                               
announced CSHB 107(FIN) to be up for consideration.                                                                             
                                                                                                                                
MR.  JIM POUND,  Staff to  Representative Ramras,  introduced the                                                               
bill and  advised the committee that  his intent this day  was to                                                               
follow  up on  a request  by the  committee for  a definition  of                                                               
"physically interfering."                                                                                                       
                                                                                                                                
9:05:07 AM                                                                                                                    
CHAIR SEEKINS announced that all  committee members had a copy of                                                               
the   Legislative  Legal   Services   memorandum  regarding   the                                                               
definition.                                                                                                                     
                                                                                                                                
MR. POUND  explained that "physically interfering"  was a concern                                                               
that Senator  Guess brought up  regarding people who  were combat                                                               
fishing. She was concerned that people  would be able to sue each                                                               
other for  perceived infractions,  specifically if a  person were                                                               
to accidentally  cause another  person to lose  a fish  that they                                                               
had hooked.  He said the bill  relates to cutting trap  lines and                                                               
it  would have  no  effect on  sport fishing.  In  response to  a                                                               
suggestion  he received,  he said  the committee  should add  the                                                               
word "with" on page 2 line 4.                                                                                                   
                                                                                                                                
9:06:49 AM                                                                                                                    
SENATOR GENE  THERRIAULT moved Amendment 1.  Section 1, Paragraph                                                               
3, add  the word "with"  after "physically  interfering." Hearing                                                               
no objection, Amendment 1 was adopted.                                                                                          
                                                                                                                                
SENATOR  CHARLIE HUGGINS  asked  whether  the question  regarding                                                               
commercial fishing was resolved.                                                                                                
                                                                                                                                
SENATOR  HOLLIS  FRENCH  said  his  staff  contacted  the  United                                                               
Fishermen of  Alaska (UFA) and  they were not concerned  with the                                                               
bill.                                                                                                                           
                                                                                                                                
CHAIR SEEKINS closed public testimony.                                                                                          
                                                                                                                                
SENATOR  GRETCHEN GUESS  moved SCS  CSHB 107(JUD)  from committee                                                               
with individual  recommendations and attached zero  fiscal notes.                                                               
Hearing no objections, the motion carried.                                                                                      
                                                                                                                                
CHAIR SEEKINS announced a brief recess at 9:08:35 AM.                                                                         
                                                                                                                                
        SB 240-DRUG OFFENSES: NEIGHBORS AS CRIME VICTIMS                                                                    
                                                                                                                              
9:15:22 AM                                                                                                                  
CHAIR RALPH SEEKINS announced SB 240 to be up for consideration.                                                                
                                                                                                                                
SENATOR HOLLIS  FRENCH, bill sponsor,  introduced the  bill. Drug                                                               
crimes  are  sometimes referred  to  as  "victimless crimes"  but                                                               
people who  live next door to  high volume drug houses  would not                                                               
agree. SB  240 would allow  neighbors who have lived  through the                                                               
criminal  phase  of a  drug  house  to  stay informed  about  the                                                               
progress  of the  case  as  the matter  moves  through the  court                                                               
system. The  bill is  narrowly tailored to  apply only  to felony                                                               
drug crimes  that occur on  adjacent property where  the affected                                                               
neighbor makes a request to stay informed.                                                                                      
                                                                                                                                
The  need  for  the  legislation was  brought  to  his  attention                                                               
through a  constituent who  was unable  to get  basic information                                                               
regarding  the  progress  of  a case  involving  a  neighbor  who                                                               
operated a drug house.                                                                                                          
                                                                                                                                
9:17:08 AM                                                                                                                  
SENATOR  FRENCH referred  to additional  information in  the bill                                                               
packet, such as news accounts and  aerial maps of drug houses and                                                               
the surrounding  neighborhoods. The maps highlight  the amount of                                                               
people  who could  potentially be  affected  by the  bill. It  is                                                               
crafted so that it must be a felony  drug crime and it must be an                                                               
instance  where the  adjacent neighbor  would have  to positively                                                               
contact  the   district  attorney's  office  for   the  requested                                                               
information.                                                                                                                    
                                                                                                                                
9:18:58 AM                                                                                                                    
SENATOR GRETCHEN  GUESS asked Senator  French how  citizens would                                                               
know that they are authorized  to call and request information on                                                               
a case.                                                                                                                         
                                                                                                                                
SENATOR FRENCH said  it would more likely be  an involved citizen                                                               
motivated to take the affirmative  step to trigger the provisions                                                               
of the bill.                                                                                                                    
                                                                                                                                
CHAIR  SEEKINS asked  Senator French  at what  point in  the case                                                               
would the  person be able to  obtain information and the  type of                                                               
information that the district attorney's  office would be allowed                                                               
to disclose.                                                                                                                    
                                                                                                                                
SENATOR FRENCH  advised the committee  that AS 12.61.010  was the                                                               
statute being  modified. Essentially it would  allow the adjacent                                                               
property owner  the right to  be notified by the  appropriate law                                                               
enforcement agency or  the prosecuting attorney in  the case. The                                                               
information  to be  disclosed would  be  the date  of trial,  the                                                               
sentencing, an  appeal or  any hearing  in which  the defendant's                                                               
release from custody is being considered.                                                                                       
                                                                                                                                
9:21:38 AM                                                                                                                    
SENATOR FRENCH  clarified for  the Department  of Law  (DOL) that                                                               
the  working  definition of  "adjacent"  is  out of  Black's  Law                                                               
Dictionary. The  neighbor would  have to be  fairly close  to the                                                               
drug  house. It  would be  the neighbors  on either  side of  the                                                               
house and,  if close enough,  the neighbor across the  street and                                                               
possibly the one diagonal to the drug house.                                                                                    
                                                                                                                                
CHAIR SEEKINS asked whether it could  be all of the people living                                                               
in  an apartment  building if  the  drug house  were actually  an                                                               
apartment in the building.                                                                                                      
                                                                                                                                
SENATOR  FRENCH said  yes. The  district attorney's  office would                                                               
determine the  "reasonable" amount of distance  on a case-by-case                                                               
basis  and only  the neighbors  who qualified  could receive  the                                                               
information.                                                                                                                    
                                                                                                                                
CHAIR SEEKINS  referred to the photo  of a trailer park  that was                                                               
provided in the  bill packet and asked Senator  French to provide                                                               
an example of a reasonable distance.                                                                                            
                                                                                                                                
SENATOR FRENCH  gave the  example that if  the committee  were to                                                               
choose any  one trailer in  the park, it  would be three  or four                                                               
contiguous trailers that would qualify.                                                                                         
                                                                                                                                
9:24:35 AM                                                                                                                    
SENATOR  GENE THERRIAULT  asked about  apartment complexes  where                                                               
there are several buildings together.                                                                                           
                                                                                                                                
SENATOR FRENCH  said in a  two-block apartment building  it would                                                               
be just the  apartments next to the drug  apartment. An apartment                                                               
at  the  other  end  of  the building  would  not  be  considered                                                               
adjacent. The  idea would be to  have common sense apply  and the                                                               
district attorney's office would have  discretion as to who could                                                               
receive the requested information.                                                                                              
                                                                                                                                
CHAIR SEEKINS asked the remedy for  people who, for one reason or                                                               
another, did not get the requested information.                                                                                 
                                                                                                                                
SENATOR FRENCH said they would  have the right to complain loudly                                                               
to the district attorney's office.                                                                                              
                                                                                                                                
9:26:52 AM                                                                                                                    
CHAIR SEEKINS noted there was no  one signed up to testify and so                                                               
he closed public testimony.                                                                                                     
                                                                                                                                
9:28:23 AM                                                                                                                    
SENATOR  FRENCH said  the bill  was not  intended to  require the                                                               
police to  leaflet a neighborhood.  It was for citizens  who take                                                               
the initiative to follow up on a case that affected them.                                                                       
                                                                                                                                
SENATOR  GUESS  moved  SB  240  from  committee  with  individual                                                               
recommendations   and   attached   fiscal   notes.   Hearing   no                                                               
objections, the motion carried.                                                                                                 
                                                                                                                                
CHAIR SEEKINS announced a brief recess at 9:29:08 AM.                                                                         
                                                                                                                                
         SB 249-REPORTING BAIL AND RELEASE INFORMATION                                                                      
                                                                                                                                
9:37:23 AM                                                                                                                    
CHAIR RALPH SEEKINS announced SB 249 to be up for consideration.                                                                
                                                                                                                                
SENATOR HOLLIS FRENCH, bill sponsor,  introduced the bill. SB 249                                                               
is designed to  help continue to allow  for effective integration                                                               
of law  enforcement knowledge  across the  state by  putting into                                                               
statute the ability  to add bail conditions to  the Alaska Public                                                               
Safety Information Network (APSIN).                                                                                             
                                                                                                                                
He cited an incident where a  swat team cordoned off an Anchorage                                                               
neighborhood in 2005. A man went  to his former spouse's home and                                                               
held her  hostage with a  gun. Shots  were fired between  the man                                                               
and the  Anchorage Police Department  (APD) but no one  was hurt.                                                               
The man  went to jail  but two weeks  later was released  on bail                                                               
and  returned  to the  same  house  to  continue the  dispute.  A                                                               
neighbor called  the police  but since  the bail  conditions were                                                               
not listed  on APSIN  the police could  not determine  whether he                                                               
was violating bail conditions and  therefore were restricted from                                                               
pursuing any further action against him.                                                                                        
                                                                                                                                
9:40:24 AM                                                                                                                    
Bail conditions frequently prohibit  someone from doing something                                                               
that is  otherwise lawful  and the bill  would let  officers know                                                               
whether the person  they are dealing with was or  was not obeying                                                               
their conditions of bail.                                                                                                       
                                                                                                                                
9:41:26 AM                                                                                                                    
DOUG  WOOLIVER,  Administrative  Attorney, Alaska  Court  System,                                                               
said  Senator French  brought  the issue  to  his attention.  The                                                               
court system  has a  group called the  MAJIC group,  which stands                                                               
for multi-agency justice integration  committee. It is chaired by                                                               
a member of the court and  includes people from the Department of                                                               
Public  Safety,  (DPS)  the  APD,   the  chiefs  of  police,  the                                                               
Department of  Corrections (DOC),  district attorneys  and others                                                               
from the criminal justice system.  They meet every other week and                                                               
they are working  on this particular problem.  Currently there is                                                               
no connection  between the bail  conditions and APSIM.  The long-                                                               
term goal  is to incorporate  the bail conditions  information in                                                               
the computer system, which is a fairly substantial change.                                                                      
                                                                                                                                
9:43:20 AM                                                                                                                    
CHAIR SEEKINS asked  whether there was a fiscal  note attached to                                                               
the bill.                                                                                                                       
                                                                                                                                
MR. WOOLIVER reported there was  no fiscal note. The court system                                                               
would estimate an  indeterminate fiscal note. It  is a long-range                                                               
project and may cost money in the future but not immediately.                                                                   
                                                                                                                                
9:45:35 AM                                                                                                                    
SENATOR FRENCH  said that police  often deal with people  who are                                                               
on bail restrictions and the  bill would offer a valuable service                                                               
for those situations with repeat offenders.                                                                                     
                                                                                                                                
CHAIR  SEEKINS asked  whether conditions  of probation  should be                                                               
included in the computer for the officers as well.                                                                              
                                                                                                                                
MR.  WOOLIVER  said  he  believes   a  clerk  at  the  DOC  types                                                               
information for  some offenses into  the computer system  by hand                                                               
so that it is available  for responding officers. The MAJIC group                                                               
is  addressing that  issue and  others such  as letting  officers                                                               
know that  the person they  are pulling  over has not  paid their                                                               
traffic tickets.                                                                                                                
                                                                                                                                
CHAIR SEEKINS  asked whether  a person convicted  of a  DUI loses                                                               
their license.                                                                                                                  
                                                                                                                                
MR. WOOLIVER explained the officer  that arrests the person would                                                               
take   their  driver's   license   and   that  information   gets                                                               
transferred  to the  Division of  Motor  Vehicles (DMV)  computer                                                               
system.                                                                                                                         
                                                                                                                                
CHAIR  SEEKINS   asked  the   timeframe  for   transferring  that                                                               
information.                                                                                                                    
                                                                                                                                
MR.  WOOLIVER  said  it  depends.   There  is  an  administrative                                                               
revocation  and a  court adjudicated  revocation. A  court action                                                               
against a license  is still all paper records. Those  are sent to                                                               
the DMV  and it takes them  approximately two weeks to  enter the                                                               
data into their system. Everything is  done by hand, which is why                                                               
it takes so long. Finding an  electronic solution is one of their                                                               
top priorities, he said.                                                                                                        
                                                                                                                                
9:54:38 AM                                                                                                                    
CHAIR  SEEKINS noted  the  title  of the  bill  seemed broad.  He                                                               
suggested the committee  hold the bill and  research whether they                                                               
can add conditions of probation as well.                                                                                        
                                                                                                                                
SENATOR FRENCH  agreed and offered  to incorporate  conditions of                                                               
probation into the bill.                                                                                                        
                                                                                                                                
9:56:39 AM                                                                                                                    
CHAIR SEEKINS held SB 249 in committee.                                                                                         
CHAIR SEEKINS announced a brief recess at 9:56:56 AM.                                                                         
                                                                                                                                
There being  no further  business to  come before  the committee,                                                               
Chair Seekins adjourned the meeting at 9:59:56 AM.                                                                            
                                                                                                                                

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