Legislature(2007 - 2008)BELTZ 211

05/11/2007 01:30 PM JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Time Change --
Moved CSHB 217(JUD) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
Moved SCS CSHB 90(JUD) Out of Committee
Moved SCS CSHB 118(JUD) Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                          May 11, 2007                                                                                          
                           1:47 p.m.                                                                                            
MEMBERS PRESENT                                                                                                               
Senator Hollis French, Chair                                                                                                    
Senator Bill Wielechowski                                                                                                       
Senator Lesil McGuire                                                                                                           
Senator Gene Therriault                                                                                                         
MEMBERS ABSENT                                                                                                                
Senator Charlie Huggins, Vice Chair                                                                                             
COMMITTEE CALENDAR                                                                                                            
CS FOR HOUSE BILL NO. 90(FIN)                                                                                                   
"An  Act relating  to  credit  toward service  of  a sentence  of                                                               
imprisonment;  relating  to  violation of  probation  and  parole                                                               
conditions  by  sex  offenders; relating  to  bail;  relating  to                                                               
distribution  of certain  materials to  minors; relating  to time                                                               
limitations for  prosecution of certain  crimes; relating  to sex                                                               
offender  registration;   relating  to   the  maximum   time  for                                                               
probation;   relating    to   certain    post-conviction   relief                                                               
applications;  relating  to  good  time;  and  providing  for  an                                                               
effective date."                                                                                                                
     MOVED SCS CSHB 90(JUD) OUT OF COMMITTEE                                                                                    
CS FOR HOUSE BILL NO. 217(JUD)                                                                                                  
"An   Act  relating   to  required   onboard  disclosures   about                                                               
promotions,  tours,  flightseeing   operations,  other  shoreside                                                               
activities,   shoreside  vendors,   and  visitors   bureaus;  and                                                               
providing for an effective date."                                                                                               
     MOVED CSHB 217(JUD) OUT OF COMMITTEE                                                                                       
CS FOR HOUSE BILL NO. 118(RLS)                                                                                                  
"An Act  relating to underage  possession of  alcoholic beverages                                                               
in a dwelling."                                                                                                                 
     MOVED SCS CSHB 118(JUD) OUT OF COMMITTEE                                                                                   
PREVIOUS COMMITTEE ACTION                                                                                                     
BILL: HB  90                                                                                                                  
SHORT TITLE: CRIMES/CRIM PROCEDURE/SENTENCING                                                                                   
SPONSOR(s): REPRESENTATIVE(s) SAMUELS, STOLTZE                                                                                  
01/16/07       (H)       PREFILE RELEASED 1/12/07                                                                               
01/16/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/16/07       (H)       JUD                                                                                                    
02/05/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/05/07       (H)       <Bill Hearing Rescheduled to 02/08/07>                                                                 
02/08/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/08/07       (H)       <Bill Hearing Canceled>                                                                                
02/12/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/12/07       (H)       <Bill Hearing Canceled>                                                                                
03/28/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/28/07       (H)       Scheduled But Not Heard                                                                                
03/30/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/30/07       (H)       -- MEETING CANCELED --                                                                                 
04/10/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/10/07       (H)       Heard & Held                                                                                           
04/10/07       (H)       MINUTE(JUD)                                                                                            
04/13/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/13/07       (H)       Moved CSHB  90(JUD) Out of Committee                                                                   
04/13/07       (H)       MINUTE(JUD)                                                                                            
04/16/07       (H)       JUD RPT CS(JUD) NT 4DP 1NR                                                                             
04/16/07       (H)       DP: GRUENBERG, LYNN, SAMUELS, RAMRAS                                                                   
04/16/07       (H)       NR: HOLMES                                                                                             
04/16/07       (H)       FIN REFERRAL ADDED AFTER JUD                                                                           
04/24/07       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
04/24/07       (H)       Moved CSHB  90(FIN) Out of Committee                                                                   
04/24/07       (H)       MINUTE(FIN)                                                                                            
04/25/07       (H)       FIN RPT CS(FIN) NT 6DP 2NR                                                                             
04/25/07       (H)       DP: CRAWFORD, THOMAS, STOLTZE, HAWKER,                                                                 
                         KELLY, MEYER                                                                                           
04/25/07       (H)       NR: GARA, JOULE                                                                                        
05/01/07       (H)       TRANSMITTED TO (S)                                                                                     
05/01/07       (H)       VERSION: CSHB 90(FIN)                                                                                  
05/02/07       (S)       READ THE FIRST TIME - REFERRALS                                                                        
05/02/07       (S)       JUD, FIN                                                                                               
05/09/07       (S)       JUD AT 1:30 PM BELTZ 211                                                                               
05/09/07       (S)       Heard & Held                                                                                           
05/09/07       (S)       MINUTE(JUD)                                                                                            
BILL: HB 217                                                                                                                  
SHORT TITLE: TOURISM DISCLOSURES AND NOTICES                                                                                    
SPONSOR(s): REPRESENTATIVE(s) HOLMES                                                                                            
03/22/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/22/07       (H)       EDT, JUD                                                                                               
04/03/07       (H)       EDT AT 5:30 PM CAPITOL 106                                                                             
04/03/07       (H)       Heard & Held                                                                                           
04/03/07       (H)       MINUTE(EDT)                                                                                            
04/10/07       (H)       EDT AT 5:00 PM BARNES 124                                                                              
04/10/07       (H)       Heard & Held                                                                                           
04/10/07       (H)       MINUTE(EDT)                                                                                            
04/17/07       (H)       EDT AT 5:00 PM BARNES 124                                                                              
04/17/07       (H)       Moved CSHB 217(EDT) Out of Committee                                                                   
04/17/07       (H)       MINUTE(EDT)                                                                                            
04/18/07       (H)       EDT RPT CS(EDT) NT 4NR 2AM                                                                             
04/18/07       (H)       NR: JOHANSEN, LYNN, DOLL, NEUMAN                                                                       
04/18/07       (H)       AM: GATTO, KOHRING                                                                                     
04/25/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/25/07       (H)       Moved CSHB 217(JUD) Out of Committee                                                                   
04/25/07       (H)       MINUTE(JUD)                                                                                            
04/26/07       (H)       JUD RPT CS(JUD) NT 3DP 3NR                                                                             
04/26/07       (H)       DP: GRUENBERG, RAMRAS, HOLMES                                                                          
04/26/07       (H)       NR: LYNN, COGHILL, DAHLSTROM                                                                           
05/08/07       (H)       TRANSMITTED TO (S)                                                                                     
05/08/07       (H)       VERSION: CSHB 217(JUD)                                                                                 
05/08/07       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
05/08/07       (S)       Scheduled But Not Heard                                                                                
05/09/07       (S)       READ THE FIRST TIME - REFERRALS                                                                        
05/09/07       (S)       JUD                                                                                                    
05/11/07       (S)       JUD AT 1:30 PM BELTZ 211                                                                               
BILL: HB 118                                                                                                                  
SHORT TITLE: PROHIBIT ALLOWING MINORS TO HAVE ALCOHOL                                                                           
SPONSOR(s): REPRESENTATIVE(s) MEYER                                                                                             
02/05/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/05/07       (H)       L&C, JUD                                                                                               
02/16/07       (H)       L&C AT 3:00 PM CAPITOL 17                                                                              
02/16/07       (H)       <Bill Hearing Canceled>                                                                                
02/21/07       (H)       L&C AT 3:00 PM CAPITOL 17                                                                              
02/21/07       (H)       Moved Out of Committee                                                                                 
02/21/07       (H)       MINUTE(L&C)                                                                                            
02/22/07       (H)       L&C RPT 4DP 2NR                                                                                        
02/22/07       (H)       DP: GARDNER, RAMRAS, GATTO, OLSON                                                                      
02/22/07       (H)       NR: LEDOUX, NEUMAN                                                                                     
03/12/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/12/07       (H)       Moved Out of Committee                                                                                 
03/12/07       (H)       MINUTE(JUD)                                                                                            
03/14/07       (H)       JUD RPT 2DP 4NR 1AM                                                                                    
03/14/07       (H)       DP: LYNN, RAMRAS                                                                                       
03/14/07       (H)       NR: COGHILL, DAHLSTROM, SAMUELS, HOLMES                                                                
03/14/07       (H)       AM: GRUENBERG                                                                                          
04/02/07       (H)       RLS AT 5:00 PM CAPITOL 106                                                                             
04/02/07       (H)       Moved CSHB 118(RLS) Out of Committee                                                                   
04/02/07       (H)       MINUTE(RLS)                                                                                            
04/03/07       (H)       RLS RPT CS(RLS) 4DP 3NR                                                                                
04/03/07       (H)       DP:   FAIRCLOUGH,    KERTTULA,   HARRIS,                                                               
04/03/07       (H)       NR: SAMUELS, GUTTENBERG, COGHILL                                                                       
04/03/07       (H)       TRANSMITTED TO (S)                                                                                     
04/03/07       (H)       VERSION: CSHB 118(RLS)                                                                                 
04/04/07       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/04/07       (S)       L&C, JUD                                                                                               
04/17/07       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
04/17/07       (S)       Heard & Held                                                                                           
04/17/07       (S)       MINUTE(L&C)                                                                                            
04/19/07       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
04/19/07       (S)       Scheduled But Not Heard                                                                                
04/24/07       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
04/24/07       (S)       Moved CSHB 118(RLS) Out of Committee                                                                   
04/24/07       (S)       MINUTE(L&C)                                                                                            
04/25/07       (S)       L&C RPT  2DP 2NR                                                                                       
04/25/07       (S)       DP: ELLIS, DAVIS                                                                                       
04/25/07       (S)       NR: BUNDE, STEVENS                                                                                     
05/09/07       (S)       JUD AT 1:30 PM BELTZ 211                                                                               
05/09/07       (S)       Heard & Held                                                                                           
05/09/07       (S)       MINUTE(JUD)                                                                                            
WITNESS REGISTER                                                                                                              
RICHARD SVOBODNY, Deputy Attorney General                                                                                       
Criminal Division                                                                                                               
Department of Law (DOL)                                                                                                         
POSITION STATEMENT: Commented on HB 90.                                                                                       
LAUREN RICE, Legislative Liaison                                                                                                
Department of Public Safety (DPS)                                                                                               
POSITION STATEMENT: Commented on fiscal issues in HB 90.                                                                      
DAVID SHADE, Director                                                                                                           
Division of Statewide Services                                                                                                  
Department of Public Safety (DPS)                                                                                               
POSITION STATEMENT: Explained the fiscal note on HB 90.                                                                       
REPRESENTATIVE LINDSEY HOLMES                                                                                                   
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT: Sponsor of HB 217.                                                                                        
JAMES WALDO                                                                                                                     
Staff for Representative Holmes                                                                                                 
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT: Explained HB 217 for the sponsor.                                                                         
TIM MCDONNELL                                                                                                                   
Temsco Helicopters                                                                                                              
Juneau AK                                                                                                                       
POSITION STATEMENT: Supported HB 217.                                                                                         
BOB JANES, Owner                                                                                                                
Gastineau Guiding                                                                                                               
Juneau AK                                                                                                                       
POSITION STATEMENT: Supported HB 217.                                                                                       
JEREMY KEIZER, President                                                                                                        
Alaska Travel Industry Association - Juneau Chapter                                                                             
Juneau AK                                                                                                                       
POSITION STATEMENT: Supported HB 217.                                                                                         
HOLLY BURKHOLDER                                                                                                                
Juneau AK                                                                                                                       
POSITION STATEMENT: Supported HB 217.                                                                                         
KAREN HESS, Chilkat River Adventures                                                                                            
Haines AK                                                                                                                       
POSITION STATEMENT: Supported HB 217.                                                                                         
STEVE HITES, Owner                                                                                                              
Skagway Streetcar Company                                                                                                       
Skagway AK                                                                                                                      
POSITION STATEMENT: Said HB 217 is the lesser of two evils so he                                                              
supported passing it.                                                                                                           
MIKE PAWLOWSKI                                                                                                                  
Staff to Representative Kevin Meyer                                                                                             
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT: Commented on HB 118 for the sponsor.                                                                      
ACTION NARRATIVE                                                                                                              
CHAIR HOLLIS FRENCH called the Senate Judiciary Standing                                                                      
Committee meeting to order at 1:47:17 PM. Present at the call to                                                              
order were and Senators McGuire, Wielechowski and Chair French.                                                                 
        CSHB  90(FIN) - CRIMES/CRIM PROCEDURE/SENTENCING                                                                    
1:47:31 PM                                                                                                                    
CHAIR  FRENCH announced  the consideration  of  CSHB 90(FIN).  He                                                               
said an SCS incorporates a number of other provisions.                                                                          
SENATOR WIELECHOWSKI moved to adopt  SCS CSHB 90(JUD), version V.                                                               
There were no objections and it was adopted.                                                                                    
CHAIR FRENCH explained  that sections 1-3 (of version  V) are the                                                               
elements of  HB 14.  The thrust  of the provisions  are to  put a                                                               
little  more  downward  pressure   on  those  who  commit  crimes                                                               
involving alcohol,  get on  probation and then  go back  into the                                                               
public. The idea  is to put a  mark on their I.D.s  to let liquor                                                               
store and  tavern owners know  this person is on  probation. It's                                                               
one more  brick in the  wall of  trying to keep  problem drinkers                                                               
away from law abiding citizens.  He asked if there were questions                                                               
about these provisions and noted there were none.                                                                               
1:49:22 PM                                                                                                                    
CHAIR FRENCH  moved on to section  4 that he said  is a carryover                                                               
from  the original  bill. Section  5 comes  from SB  5 and  those                                                               
provisions relate  to the duty  to report  a crime that  is being                                                               
committed. It goes by the name  of "Kiva's Law" and is covered in                                                               
sections  5,  6, 7,  8,  and  9.  Sections  10-11 come  from  the                                                               
original HB 90. Sections 12-21  are from Senator Dyson who wanted                                                               
to  strengthen  laws  on prostitution  and  in  particular  child                                                               
prostitution. He saw no questions about those provisions.                                                                       
He  continued  to  explain  that  sections  23-24  are  from  the                                                               
original HB  90. Section 25  goes back  to SB 157,  the promoting                                                               
prostitution  bill.  Section  26  is from  the  original  HB  90.                                                               
Section  27 is  from  SB 157.  Sections 28-29  come  from HB  90.                                                               
Sections 30-34  come from HB  14, the alcohol I.D.  bill. Section                                                               
35 is from HB 90.                                                                                                               
CHAIR FRENCH said  that section 36 relates to  the DNA provisions                                                               
that  are on  behalf of  Karen Foster  and many  of the  citizens                                                               
across  the state  who are  particularly interested  in them.  He                                                               
asked Mr. Svobodny  to comment on whether "arrested"  on page 20,                                                               
line 8, was a workable point at  which to ask the police or other                                                               
corrections individuals to  grab a DNA buchal  swab from suspects                                                               
and how would it work in Anchorage  as well as other parts of the                                                               
1:52:49 PM                                                                                                                    
RICHARD  SVOBODNY, Deputy  Attorney  General, Criminal  Division,                                                               
Department  of Law  (DOL), answered  that Anchorage  is different                                                               
from  the rest  of the  state because  it has  24-hour committing                                                               
magistrates. So, if  someone is arrested there,  they are brought                                                               
before a  magistrate and bail  is set. Then they  are transferred                                                               
to jail where the booking process  takes place - where they would                                                               
be  finger  printed,  identified  by photograph  and  a  thorough                                                               
records check occurs. In Anchorage,  that is where a correctional                                                               
officer or other  officer who had brought the person  to the jail                                                               
would  take a  mouth  swab  from inside  the  person's cheek  and                                                               
appropriately identify, package and label it.                                                                                   
The   rest  of   the  state   doesn't  have   24-hour  committing                                                               
magistrates.  If someone  is  arrested for  an  offense they  are                                                               
brought to  the local jail  where that same process  happens, but                                                               
it's within 24  hours of the arrest that they  are brought before                                                               
a court.                                                                                                                        
He said DPS  is concerned because the bill doesn't  cover all the                                                               
times  when a  juvenile might  be detained,  because they  may be                                                               
detained  by a  police officer  and released  to their  parent or                                                               
brought to some  kind of juvenile detention  facility. A majority                                                               
of  those cases  don't go  through the  formal court  process. He                                                               
clarified  that while  the language  in this  bill doesn't  cover                                                               
arrested juveniles,  but it  does cover  juveniles who  have been                                                               
adjudicated under certain circumstances.                                                                                        
He said the DPS is concerned  both from a financial point of view                                                               
and an  evidence collection point  of view  in terms of  how that                                                               
would be done. With an arrest a whole system is in place.                                                                       
SENATOR WIELECHOWSKI stated  that it is not his  intent that this                                                               
bill apply to minors.                                                                                                           
1:56:54 PM                                                                                                                    
SENATOR THERRIAULT joined the meeting.                                                                                          
SENATOR McGUIRE  referred to page 20,  line 8, and asked  if they                                                               
could insert language saying the person  who is arrested is not a                                                               
MR. SVOBODNY replied  that it would make it clear,  but he didn't                                                               
think it was necessary. The  issue has legislative history and he                                                               
had told the DPS, given this  language, he would write an opinion                                                               
that it doesn't  include juveniles. The department  is just being                                                               
conservative and letting the legislature know their thoughts.                                                                   
1:58:17 PM                                                                                                                    
CHAIR FRENCH noted that they  were discussing whether language on                                                               
lines 8-10 on page 20 included  minors and it seems that there is                                                               
universal acclamation  that it's  not intended to  include taking                                                               
buchal swabs from minors.                                                                                                       
MR. SVOBODNY clarified  "Not at the time of  arrest. Existing law                                                               
allows for it at certain times."                                                                                                
CHAIR FRENCH  said that sections  7, 38,  and 39 also  related to                                                               
DNA samples.                                                                                                                    
SENATOR  WIELECHOWSKI pointed  out  that language  in section  39                                                               
changed from the earlier version.                                                                                               
At ease from 1:59:03 PM to 2:03:27 PM.                                                                                      
SENATOR  WIELECHOWSKI  said section  38  on  page  21 is  new  to                                                               
version V and was incorporated  through the drafting process. All                                                               
it does on line 14 is  changes (b)(1)(5) to (b)(1)(6). The change                                                               
is in  section 39 on  line 16  where "after the  department shall                                                               
make every  reasonable effort"  was added.  A number  of concerns                                                               
were  voiced  that the  90  days  requirement was  too  stringent                                                               
because you could  have a technician who is in  Barrow on a trial                                                               
or someone who  is sick for instance. It  potentially exposes the                                                               
state to liability  and so this provides a small  way out for the                                                               
CHAIR  FRENCH noted  there was  no discussion  on section  39. He                                                               
said  that  section 22  incorporates  the  kidnapping statute  of                                                               
limitations fix that was requested  by the Bonnie Craig folks. He                                                               
also  stated  that  they  had  been  working  very  closely  with                                                               
drafting folks  and the DOL to  make certain it was  cohesive and                                                               
SENATOR  McGUIRE added  that the  fiscal note  would reflect  the                                                               
position of a criminalist, as well.                                                                                             
SENATOR WIELECHOWSKI  said he  had no objection  to that,  but he                                                               
haven't talked to DPS about it.                                                                                                 
2:06:04 PM                                                                                                                    
LAUREN  RICE, Legislative  Liaison, Department  of Public  Safety                                                               
(DPS) responded  that their new  fiscal note would have  four new                                                               
positions for the crime lab.                                                                                                    
2:06:36 PM                                                                                                                    
DAVID   SHADE,   Director,   Division  of   Statewide   Services,                                                               
Department of Public Safety (DPS), said  he has added a full time                                                               
CODIS  (Combined   DNA  Index   System)  manager   position,  two                                                               
Criminalist  II technicians  and  a forensic  technician. So,  he                                                               
feels there  will be  enough tracking of  the samples  coming in.                                                               
The   samples  that   come  back   out  will   require  full-time                                                               
administration. The two criminalist  II technicians will actually                                                               
be  doing  the  analysis  and the  forensic  technician  will  be                                                               
physically receiving the  samples, making sure they  are ready to                                                               
go into  the laboratory information  system (LIM). He  would also                                                               
be responsible  for pulling those  samples out and  following the                                                               
court  order  to  destroy  them.   All  four  positions  will  be                                                               
reflected in their fiscal note.                                                                                                 
CHAIR FRENCH  found no  further testimony  and closed  the public                                                               
hearing on HB 90.                                                                                                               
SENATOR THERRIAULT asked if new  money was being budgeted for the                                                               
positions  or  were  they otherwise  budgeted  into  the  process                                                               
MR.  SHADE  answered  that  these   positions  are  not  budgeted                                                               
currently. They would need new funding.                                                                                         
SENATOR   THERRIAULT  commented   that   before  the   conference                                                               
committee closes  out, they have  to make sure the  adjustment is                                                               
made to the fiscal note.                                                                                                        
CHAIR FRENCH said that was his responsibility.                                                                                  
SENATOR  McGUIRE encouraged  Mr.  Shade to  use  the existing  $1                                                               
million grant to fund those positions.                                                                                          
MR.  SHADE  responded  that  of  the two  DNA  grants  they  have                                                               
currently one is  a DNA backlog reduction grant and  the other is                                                               
a capacity building grant. The  money for personal services would                                                               
allow  overtime for  overtime-eligible  employees,  but does  not                                                               
allow him to hire a new employee.                                                                                               
SENATOR McGUIRE encouraged him to use that money for overtime.                                                                  
2:10:08 PM                                                                                                                    
SENATOR WIELECHOWSKI pointed  out that language on  page 22, line                                                               
16, has  a different effective  date for DNA  processing (section                                                               
39).  Testimony from  DPS indicated  that it  wasn't possible  to                                                               
have a  90-day effective  date because they  have to  hire people                                                               
and the  training takes six months.  The person then has  to work                                                               
under someone for another six months.                                                                                           
CHAIR FRENCH  responded that they  may as well  recognize reality                                                               
in their effective dates.                                                                                                       
SENATOR  McGUIRE moved  to report  SCS CSHB  90(JUD), version  V,                                                               
from  committee  with  individual  recommendations  and  attached                                                               
fiscal note(s). There were no objections and it was so ordered.                                                                 
CHAIR FRENCH  noted that SCR 9  goes with the bill  to change the                                                               
SENATOR MCGUIRE  moved to adopt  SCR 9. There were  no objections                                                               
and it was so ordered.                                                                                                          
At ease from 2:12:02 PM to 2:14:21 PM.                                                                                      
         CSHB 217(JUD)-TOURISM DISCLOSURES AND NOTICES                                                                      
2:14:27 PM                                                                                                                    
CHAIR FRENCH announced the consideration of CSHB 217(JUD).                                                                      
REPRESENTATIVE LINDSEY HOLMES, sponsor of  HB 217, said her staff                                                               
member would present the bill.                                                                                                  
2:14:52 PM                                                                                                                    
JAMES WALDO,  staff for Representative Holmes,  explained that HB                                                               
217  attempts to  correct  an  error that  occurred  in ballot  2                                                               
language. It  breaks down into  three parts; the first  part adds                                                               
some  disclosure requirements  that  were not  in the  initiative                                                               
language. Second  it changes one disclosure  requirement that was                                                               
in  the   initiative  language  and   third,  it   applies  those                                                               
requirements to shore side retailers  in addition to onboard tour                                                               
sales. At the  very end, it increases penalties  for violators of                                                               
this law.                                                                                                                       
He explained that  section 2 adds the  new disclosure requirement                                                               
by  requiring any  sale of  an  onboard tour  to be  cast in  the                                                               
proper   light.   It  lets   people   know   that  there   is   a                                                               
retail/wholesale  relationship between  the cruise  line and  the                                                               
shoreside tour  vendor so they  know some  of the money  they are                                                               
paying for the ticket is actually staying with the cruise line.                                                                 
Next he  said it requires  the cruise lines to  inform passengers                                                               
that there  are other options at  a port of call  that would have                                                               
different  features  and  perhaps different  prices  -  basically                                                               
allowing them to understand that there  is a whole world of other                                                               
options  out  there  other  than  just the  five  that  might  be                                                               
promoted  on the  ship. So  that they  can seek  out those  other                                                               
options, he  said, it  next requires the  cruise line  to provide                                                               
the contact  information at  the future port  of call  which will                                                               
have all of the contact information  in a listing of all the tour                                                               
MR.  WALDO explained  it  also changes  disclosure  of the  exact                                                               
commission rate,  which is what  that language in  the initiative                                                               
said,  to disclosure  if  the  commission is  over  a 20  percent                                                               
threshold. The idea behind this  is to basically let the consumer                                                               
know he is paying a commission over a certain level.                                                                            
Beyond those changes, he said,  it applies this language to shore                                                               
side retailers, as  well - like Diamonds  International that pays                                                               
a  great  deal  of  money  to be  advertised  on  the  ships.  He                                                               
explained that  many Alaskan businesses aren't  advertised on the                                                               
ships. This issue was left out of the ballot measure.                                                                           
Finally,  Mr.   Waldo  said,  the   bill  corrects   the  penalty                                                               
provision,  because the  initiative  classified it  as an  unfair                                                               
trade practice, but capped the  maximum penalty at $100. However,                                                               
the  usual  penalty  for  an unfair  trade  practice  is  $1,000-                                                               
2:20:18 PM                                                                                                                    
TIM MCDONNELL, Temsco Helicopters, Juneau AK, supported HB 217.                                                                 
BOB  JANES, Owner,  Gastineau Guiding,  Juneau  AK, supported  HB                                                               
JEREMY  KEIZER,  President,  Alaska Travel  Industry  Association                                                               
Juneau Chapter, supported HB 217.  He said that while ATIA wanted                                                               
no  disclosure   requirements,  this  bill  strikes   a  mutually                                                               
beneficial  arrangement  with  the initiative  sponsors  and  the                                                               
stakeholders and  it is as close  to the top floor  as they could                                                               
2:22:39 PM                                                                                                                    
HOLLY BURKHOLDER, Juneau AK, supported HB 217.                                                                                  
2:23:00 PM                                                                                                                    
KAREN  HESS, Chilkat  River Adventures,  Haines AK,  supported HB                                                               
STEVE  HITES,  Skagway Streetcar  Company,  said  HB 217  is  the                                                               
lesser  of two  evils so  he supported  passing it.  He said  the                                                               
relationship between the  cruise line and the tour  operator is a                                                               
simple retail wholesale one. He  strongly felt that any reference                                                               
in section (b) to commission  or percentage should be struck from                                                               
this  bill. He  said  no other  retail store  in  America has  to                                                               
reveal its  mark up  or even  have it  assumed. He  expressed his                                                               
sentiment thus:                                                                                                                 
     To have an arbitrary 20  percent figure inserted in the                                                                    
     bill  there   is  absolutely  incorrect.   It's  wrong.                                                                    
     Private enterprise  is exactly that. It  is private and                                                                    
     to   disclose   inaccurately    my   private   business                                                                    
     agreements with my customer puts  me at a disadvantage.                                                                    
     This  disclosure   discriminates  against   one  retail                                                                    
     business - the cruise  line shore excursion sales desk.                                                                    
     And   it  discriminates   against   the  local   Alaska                                                                    
     wholesale businesses that sell  shore excursions to the                                                                    
     cruise lines.  It is unconstitutional and  violates our                                                                    
CHAIR  FRENCH thanked  him for  his good  comments. He  asked the                                                               
sponsor about language on page 1, line  9 and page 2, line 9 that                                                               
referenced  oral  disclosures  to individuals  buying  excursions                                                               
onboard  the cruise  ships. He  wanted to  hear about  the debate                                                               
that occurred  and the  position of  the initiative  sponsor with                                                               
deleting this disclosure.                                                                                                       
REPRESENTATIVE HOLMES responded that this  change was made in the                                                               
House  Judiciary Committee.  The discussion  was that  originally                                                               
disclosure was required both orally  and in writing on the theory                                                               
that these packages were presented by  a person who would also be                                                               
there to explain it.  But then it was explained that  on a lot of                                                               
occasions  this   information  is  actually  slipped   under  the                                                               
passengers doors or left on a  table in their cabins. So it seems                                                               
to  require oral  disclosure was  not  appropriate. They  decided                                                               
that by  requiring all  disclosures to be  made in  writing would                                                               
make  it easier  to  prove  whether it  was  or wasn't  happening                                                               
CHAIR FRENCH asked the position of the initiative sponsors.                                                                     
REPRESENTATIVE  HOLMES  replied  that  they had  not  voiced  any                                                               
objections to her  about this. One of them testified  in favor of                                                               
the bill  as it stands now  and the other sponsor  wrote a letter                                                               
of support.                                                                                                                     
2:29:26 PM                                                                                                                    
SENATOR McGUIRE  moved to report  CSHB 217(JUD), version  N, from                                                               
committee  with  individual  recommendations  and  attached  zero                                                               
fiscal note(s). There were no objections and it was so ordered.                                                                 
At ease from 2:30:02 PM to 2:32:30 PM                                                                                       
     CSHB 118(RLS)-PROHIBIT ALLOWING MINORS TO HAVE ALCOHOL                                                                 
2:32:36 PM                                                                                                                    
CHAIR FRENCH announced the consideration of CSHB 118(RLS).                                                                      
MIKE PAWLOWSKI,  Aide to Representative  Kevin Meyer,  sponsor of                                                               
HB 118,  said he was asked  to add that the  Department of Public                                                               
Safety (DPS) likes this bill.                                                                                                   
SENATOR  McGUIRE asked  if there  has been  any discussion  about                                                               
changing the  mental intent to  "intentionally" permit  a person.                                                               
She would  feel better about  the bill  if it was  an intentional                                                               
mental state.                                                                                                                   
MR. PAWLOWSKI responded that was  discussed at length. One of the                                                               
first points was that "intentional"  isn't a mental state that is                                                               
included  in  Title  4,  which   says  it's  "knowingly  criminal                                                               
negligence and  recklessly." They went with  "recklessly" largely                                                               
because the  issue the  police are confronted  with is  trying to                                                               
prove  "knowingly" when  it  comes to  furnishing  a standard  of                                                               
proof they can't do when they show up at these parties.                                                                         
As to the  gun discussion, within the  definition of "recklessly"                                                               
is  the idea  that  the  unjustifiable risk  has  to  be a  gross                                                               
deviation  from  the  standard that  a  reasonable  person  would                                                               
pursue. They  felt comfortable that "recklessly"  wasn't bringing                                                               
in the  type of thing  she was talking  about like locked  gun or                                                               
liquor  cabinets.   "Furnishing"  is  an  action   that  is  very                                                               
difficult to prove, he said.                                                                                                    
2:36:27 PM                                                                                                                    
SENATOR  THERRIAULT  asked  if  "physically  in  possession"  and                                                               
"exercising domain" actually means the person is there.                                                                         
CHAIR FRENCH replied  that's what he thought it  meant. The child                                                               
of the  parent who owns  the house is  the one who  probably gets                                                               
busted. If  a party is taking  place at a construction  site or a                                                               
house being  constructed he didn't  know who would  be exercising                                                               
control, but other statutes could  catch those. This is a problem                                                               
because  house parties  where kids  go to  drink take  place with                                                               
great regularity  and someone is  letting them in and  someone is                                                               
letting it go on. So he understood the impulse behind the bill.                                                                 
2:38:05 PM                                                                                                                    
SENATOR  WIELECHOWSKI asked  if this  bill means  he wouldn't  be                                                               
liable if he was  away on a camping trip and  his son or daughter                                                               
had a party at his house.                                                                                                       
CHAIR  FRENCH replied  that his  hypothetical daughter  would get                                                               
the ticket.                                                                                                                     
MR. PAWLOWSKI  added that  the sponsor  specifically asked  for a                                                               
Rules  Committee  hearing   in  the  other  body   to  make  some                                                               
clarifying   changes.   The    previous   version   didn't   have                                                               
"physically"  on line  5; also  following  "possession" "or"  was                                                               
changed to "and".  The conscious change in  going from "physical"                                                               
and inserting "and"  is that you have to physically  be there and                                                               
exercising dominion and  control specifically to get  to what the                                                               
chairman was describing as a circumstance.                                                                                      
SENATOR McGUIRE  said this  is just  the place  where there  is a                                                               
philosophical divide -  your family, your home, the  way you live                                                               
your life is  private and there is nothing in  law right now that                                                               
prohibits  a police  officer from  coming  to a  house party  and                                                               
making a  significant scene. She  didn't know that this  would be                                                               
more constructive than what exists now.                                                                                         
Another concern  she had was  if they drop to  "recklessly" here,                                                               
they still  have "furnishing  at knowingly"  and that  creates an                                                               
odd  staggering  in  the  statutes.   She  posed  a  hypothetical                                                               
situation  in which  kids sneak  friends into  a large  house and                                                               
parents are in the house somewhere  thinking the kids are in bed.                                                               
She said teenagers are teenagers; they  are who they are. It's an                                                               
age requiring a lot of patience  for everyone. She said maybe one                                                               
has a teenager who has a  propensity for trouble for instance; to                                                               
her that would be a known risk.                                                                                                 
2:41:32 PM                                                                                                                    
CHAIR  FRENCH  asked  Senator  McGuire if  she  was  offering  an                                                               
2:41:51 PM                                                                                                                    
SENATOR McGUIRE moved to insert "knowingly" after "not" on page                                                                 
1, line 6.                                                                                                                      
CHAIR FRENCH found no objection and Amendment 1 was adopted.                                                                    
SENATOR McGUIRE moved to report SCS CSHB 118(JUD) from committee                                                                
with individual recommendations and attached fiscal note(s).                                                                    
There were no objections and it was so ordered.                                                                                 
There being no further business to come before the committee,                                                                   
Chair French adjourned the meeting at 2:42:49 PM.                                                                             

Document Name Date/Time Subjects