Legislature(2007 - 2008)BUTROVICH 205

04/05/2008 09:00 AM JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 305 CAMPAIGN FUND RAISING DURING SESSIONS TELECONFERENCED
Heard & Held
+ HB 50 CHILD PLACEMENT COMPACT TELECONFERENCED
Moved CSHB 50(JUD) Out of Committee
+ HB 400 MITIGATING FACTOR: CARE FOR DRUG OVERDOSE TELECONFERENCED
Moved HB 400 Out of Committee
+ HJR 37 CONST AM: SEC. OF STATE REFERENCES TELECONFERENCED
Moved CSHJR 37(JUD) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
= HB 163 PROPERTY FORECLOSURES AND EXECUTIONS
Moved SCS CSHB 163(JUD) Out of Committee
= HB 268 MOTOR VEHICLE ARSON ON PUBLIC LAND
Moved HB 268 Out of Committee
= HB 359 PROBATION AND MINOR CONSUMING
Moved CSHB 359(FIN) Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         April 5, 2008                                                                                          
                           9:05 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                              
                                                                                                                                
Senator Hollis French, Chair                                                                                                    
Senator Charlie Huggins, Vice Chair                                                                                             
Senator Lesil McGuire                                                                                                           
Senator Bill Wielechowski                                                                                                       
Senator Gene Therriault                                                                                                         
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                              
HOUSE BILL NO. 268                                                                                                              
"An  Act  relating  to  damaging  a vehicle  on  public  land  by                                                               
starting a fire or causing an explosion."                                                                                       
     MOVED HB 268 OUT OF COMMITTEE                                                                                              
                                                                                                                                
CS FOR HOUSE BILL NO. 163(JUD)                                                                                                  
"An Act  relating to real  property foreclosures, to the  sale of                                                               
property on execution, and to deeds of trust."                                                                                  
     MOVED SCS CSHB 163(JUD) OUT OF COMMITTEE                                                                                   
                                                                                                                                
CS FOR HOUSE BILL NO. 359(FIN)                                                                                                  
"An Act relating  to the term of probation  for persons convicted                                                               
of  minor consuming  or in  possession or  control of  alcohol or                                                               
repeat minor  consuming or in  possession or control  of alcohol;                                                               
and  relating to  termination of  probation  for certain  persons                                                               
convicted  of minor  consuming  or in  possession  or control  of                                                               
alcohol or repeat minor consuming  or in possession or control of                                                               
alcohol."                                                                                                                       
     MOVED CSHB 359(FIN) OUT OF COMMITTEE                                                                                       
                                                                                                                                
CS FOR HOUSE BILL NO. 305(RLS) am                                                                                               
"An Act  relating to  campaign fund raising  during a  regular or                                                               
special  legislative  session;  and providing  for  an  effective                                                               
date."                                                                                                                          
     HEARD AND HELD                                                                                                             
                                                                                                                                
CS FOR HOUSE BILL NO. 50(JUD)                                                                                                   
"An Act relating  to the Interstate Compact for  the Placement of                                                               
Children;   establishing  an   interstate   commission  for   the                                                               
placement of children;  amending Rules 4 and  24(b), Alaska Rules                                                               
of Civil Procedure; and providing for an effective date."                                                                       
     MOVED CSHB 50(JUD) OUT OF COMMITTEE                                                                                        
                                                                                                                                
HOUSE BILL NO. 400                                                                                                              
"An Act relating  to a person who seeks medical  assistance for a                                                               
person experiencing a drug overdose."                                                                                           
     MOVED HB 400 OUT OF COMMITTEE                                                                                              
                                                                                                                                
CS FOR HOUSE JOINT RESOLUTION NO. 37(JUD)                                                                                       
Proposing amendments to  the Constitution of the  State of Alaska                                                               
to  correct obsolete  references to  the office  of secretary  of                                                               
state  by substituting  references  to the  office of  lieutenant                                                               
governor.                                                                                                                       
     MOVED CSHJR 37(JUD) OUT OF COMMITTEE                                                                                       
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 268                                                                                                                  
SHORT TITLE: MOTOR VEHICLE ARSON ON PUBLIC LAND                                                                                 
SPONSOR(s): REPRESENTATIVE(s) STOLTZE                                                                                           
                                                                                                                                
01/04/08       (H)       PREFILE RELEASED 1/4/08                                                                                
01/15/08       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/15/08       (H)       JUD                                                                                                    
02/06/08       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/06/08       (H)       Moved Out of Committee                                                                                 
02/06/08       (H)       MINUTE(JUD)                                                                                            
02/08/08       (H)       JUD RPT 1DP 4NR 1AM                                                                                    
02/08/08       (H)       DP: RAMRAS                                                                                             
02/08/08       (H)       NR: DOOGAN, COGHILL, DAHLSTROM, SAMUELS                                                                
02/08/08       (H)       AM: HOLMES                                                                                             
02/21/08       (H)       TRANSMITTED TO (S)                                                                                     
02/21/08       (H)       VERSION: HB 268                                                                                        
02/25/08       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/25/08       (S)       JUD                                                                                                    
03/12/08       (S)       JUD AT 1:30 PM BELTZ 211                                                                               
03/12/08       (S)       Heard & Held                                                                                           
03/12/08       (S)       MINUTE(JUD)                                                                                            
04/05/08       (S)       JUD AT 9:00 AM BUTROVICH 205                                                                           
                                                                                                                                
BILL: HB 163                                                                                                                  
SHORT TITLE: PROPERTY FORECLOSURES AND EXECUTIONS                                                                               
SPONSOR(s): REPRESENTATIVE(s) RAMRAS                                                                                            
                                                                                                                                
02/28/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/28/07       (H)       L&C, JUD                                                                                               
03/30/07       (H)       L&C AT 3:00 PM CAPITOL 17                                                                              
03/30/07       (H)       -- MEETING CANCELED --                                                                                 
04/20/07       (H)       L&C AT 3:00 PM CAPITOL 17                                                                              
04/20/07       (H)       Moved CSHB 163(L&C) Out of Committee                                                                   
04/20/07       (H)       MINUTE(L&C)                                                                                            
04/23/07       (H)       L&C RPT 1DP 4NR                                                                                        
04/23/07       (H)       DP: RAMRAS                                                                                             
04/23/07       (H)       NR: BUCH, LEDOUX, NEUMAN, OLSON                                                                        
04/27/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/27/07       (H)       Heard & Held                                                                                           
04/27/07       (H)       MINUTE(JUD)                                                                                            
04/30/07       (H)       CORRECTED L&C RPT CS(L&C) NT 1DP 4NR                                                                   
04/30/07       (H)       DP: RAMRAS                                                                                             
04/30/07       (H)       NR: BUCH, NEUMAN, LEDOUX, OLSON                                                                        
04/30/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/30/07       (H)       Moved CSHB 163(JUD) Out of Committee                                                                   
04/30/07       (H)       MINUTE(JUD)                                                                                            
05/01/07       (H)       JUD RPT CS(JUD) NT 3DP 4NR                                                                             
05/01/07       (H)       DP: GRUENBERG, LYNN, RAMRAS                                                                            
05/01/07       (H)       NR: COGHILL, DAHLSTROM, SAMUELS, HOLMES                                                                
05/05/07       (H)       TRANSMITTED TO (S)                                                                                     
05/05/07       (H)       VERSION: CSHB 163(JUD)                                                                                 
05/07/07       (S)       READ THE FIRST TIME - REFERRALS                                                                        
05/07/07       (S)       JUD, FIN                                                                                               
03/05/08       (S)       JUD AT 1:30 PM BELTZ 211                                                                               
03/05/08       (S)       Heard & Held                                                                                           
03/05/08       (S)       MINUTE(JUD)                                                                                            
03/21/08       (S)       JUD AT 1:30 PM BELTZ 211                                                                               
03/21/08       (S)       -- MEETING CANCELED --                                                                                 
03/25/08       (S)       JUD AT 1:30 PM FAHRENKAMP 203                                                                          
03/25/08       (S)       Heard & Held                                                                                           
03/25/08       (S)       MINUTE(JUD)                                                                                            
04/05/08       (S)       JUD AT 9:00 AM BUTROVICH 205                                                                           
                                                                                                                                
BILL: HB 359                                                                                                                  
SHORT TITLE: PROBATION AND MINOR CONSUMING                                                                                      
SPONSOR(s): JUDICIARY                                                                                                           
                                                                                                                                
02/08/08       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/08/08       (H)       JUD, FIN                                                                                               
02/20/08       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/20/08       (H)       Moved CSHB 359(JUD) Out of Committee                                                                   
02/20/08       (H)       MINUTE(JUD)                                                                                            
02/21/08       (H)       JUD RPT CS(JUD) NT 2DP 3NR                                                                             
02/21/08       (H)       DP: GRUENBERG, RAMRAS                                                                                  
02/21/08       (H)       NR: COGHILL, DAHLSTROM, SAMUELS                                                                        
03/04/08       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
03/04/08       (H)       Scheduled But Not Heard                                                                                
03/05/08       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
03/05/08       (H)       Heard & Held                                                                                           
03/05/08       (H)       MINUTE(FIN)                                                                                            
03/13/08       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
03/13/08       (H)       Moved CSHB 359(FIN) Out of Committee                                                                   
03/13/08       (H)       MINUTE(FIN)                                                                                            
03/17/08       (H)       FIN RPT CS(FIN) NT 6DP 2NR                                                                             
03/17/08       (H)       DP: HAWKER, GARA, CRAWFORD, THOMAS,                                                                    
                        MEYER, CHENAULT                                                                                         
03/17/08       (H)       NR: KELLY, HARRIS                                                                                      
03/26/08       (H)       TRANSMITTED TO (S)                                                                                     
03/26/08       (H)       VERSION: CSHB 359(FIN)                                                                                 
03/27/08       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/27/08       (S)       JUD, FIN                                                                                               
04/02/08       (S)       JUD AT 1:30 PM BELTZ 211                                                                               
04/02/08       (S)       Bills Previously Heard/Scheduled                                                                       
04/03/08       (S)       JUD AT 8:00 AM BUTROVICH 205                                                                           
04/03/08       (S)       Heard & Held                                                                                           
04/03/08       (S)       MINUTE(JUD)                                                                                            
04/05/08       (S)       JUD AT 9:00 AM BUTROVICH 205                                                                           
                                                                                                                                
BILL: HB 305                                                                                                                  
SHORT TITLE: CAMPAIGN FUND RAISING DURING SESSIONS                                                                              
SPONSOR(s): REPRESENTATIVE(s) MEYER                                                                                             
                                                                                                                                
01/11/08       (H)       PREFILE RELEASED 1/11/08                                                                               
01/15/08       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/15/08       (H)       STA                                                                                                    
01/22/08       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
01/22/08       (H)       Moved CSHB 305(STA) Out of Committee                                                                   
01/22/08       (H)       MINUTE(STA)                                                                                            
01/23/08       (H)       STA RPT CS(STA) NT 4DP 2NR                                                                             
01/23/08       (H)       DP: JOHNSON, JOHANSEN, ROSES, LYNN                                                                     
01/23/08       (H)       NR: COGHILL, DOLL                                                                                      
02/04/08       (H)       RLS AT 4:30 PM CAPITOL 106                                                                             
02/04/08       (H)       Moved CSHB 305(RLS) Out of Committee                                                                   
02/04/08       (H)       MINUTE(RLS)                                                                                            
02/06/08       (H)       RLS RPT CS(RLS) NT 5DP 2AM                                                                             
02/06/08       (H)       DP:   FAIRCLOUGH,    HARRIS,   KERTTULA,                                                               
                        SAMUELS, COGHILL                                                                                        
02/06/08       (H)       AM: GUTTENBERG, JOHNSON                                                                                
02/06/08       (H)       RETURNED TO RLS COMMITTEE                                                                              
02/19/08       (H)       MOVED TO RETURN TO SECOND TO RESCIND                                                                   
                         ACTION                                                                                                 
02/19/08       (H)       LEDOUX ABSTAIN VOTING FLD Y18 N17 E5                                                                   
                         PER UR 34(B)                                                                                           
02/20/08       (H)       TRANSMITTED TO (S)                                                                                     
02/20/08       (H)       VERSION: CSHB 305(RLS) AM                                                                              
02/21/08       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/21/08       (S)       STA                                                                                                    
02/21/08       (S)       JUD REFERRAL ADDED BEFORE STA                                                                          
04/05/08       (S)       JUD AT 9:00 AM BUTROVICH 205                                                                           
                                                                                                                                
BILL: HB  50                                                                                                                  
SHORT TITLE: CHILD PLACEMENT COMPACT                                                                                            
SPONSOR(s): REPRESENTATIVE(s) COGHILL, NEUMAN, WILSON                                                                           
                                                                                                                                
01/16/07       (H)       PREFILE RELEASED 1/5/07                                                                                
01/16/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/16/07       (H)       HES, JUD                                                                                               
02/21/08       (H)       HES AT 3:30 PM CAPITOL 106                                                                             
02/21/08       (H)       Heard & Held                                                                                           
02/21/08       (H)       MINUTE(HES)                                                                                            
02/28/08       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
02/28/08       (H)       Moved CSHB  50(HES) Out of Committee                                                                   
02/28/08       (H)       MINUTE(HES)                                                                                            
02/29/08       (H)       HES RPT CS(HES) 6DP 1NR                                                                                
02/29/08       (H)       DP:    CISSNA,   FAIRCLOUGH,    GARDNER,                                                               
                         SEATON, ROSES, WILSON                                                                                  
02/29/08       (H)       NR: KELLER                                                                                             
03/14/08       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/14/08       (H)       Moved CSHB  50(JUD) Out of Committee                                                                   
03/14/08       (H)       MINUTE(JUD)                                                                                            
03/17/08       (H)       JUD RPT CS(JUD) NT 4DP                                                                                 
03/17/08       (H)       DP:   GRUENBERG,   COGHILL,   DAHLSTROM,                                                               
                         RAMRAS                                                                                                 
03/17/08       (H)       FIN REFERRAL ADDED AFTER JUD                                                                           
03/27/08       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
03/27/08       (H)       Moved CSHB  50(JUD) Out of Committee                                                                   
03/27/08       (H)       MINUTE(FIN)                                                                                            
03/28/08       (H)       FIN RPT CS(JUD) NT 4DP 3NR                                                                             
03/28/08       (H)       DP: CRAWFORD, GARA, JOULE, THOMAS                                                                      
03/28/08       (H)       NR: HAWKER, KELLY, MEYER                                                                               
03/31/08       (H)       TRANSMITTED TO (S)                                                                                     
03/31/08       (H)       VERSION: CSHB 50(JUD)                                                                                  
04/01/08       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/01/08       (S)       JUD, FIN                                                                                               
04/05/08       (S)       JUD AT 9:00 AM BUTROVICH 205                                                                           
                                                                                                                                
BILL: HB 400                                                                                                                  
SHORT TITLE: MITIGATING FACTOR: CARE FOR DRUG OVERDOSE                                                                          
SPONSOR(s): REPRESENTATIVE(s) KERTTULA                                                                                          
                                                                                                                                
02/19/08       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/19/08       (H)       JUD, FIN                                                                                               
02/25/08       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/25/08       (H)       Heard & Held                                                                                           
02/25/08       (H)       MINUTE(JUD)                                                                                            
03/12/08       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/12/08       (H)       Moved Out of Committee                                                                                 
03/12/08       (H)       MINUTE(JUD)                                                                                            
03/13/08       (H)       JUD RPT 2DP 4NR                                                                                        
03/13/08       (H)       DP: HOLMES, RAMRAS                                                                                     
03/13/08       (H)       NR:   GRUENBERG,   COGHILL,   DAHLSTROM,                                                               
                         SAMUELS                                                                                                
03/26/08       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
03/26/08       (H)       Scheduled But Not Heard                                                                                
03/27/08       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
03/27/08       (H)       Moved Out of Committee                                                                                 
03/27/08       (H)       MINUTE(FIN)                                                                                            
03/28/08       (H)       FIN RPT 5DP 3NR                                                                                        
03/28/08       (H)       DP: GARA, CRAWFORD, JOULE, THOMAS,                                                                     
                         MEYER                                                                                                  
03/28/08       (H)       NR: HAWKER, STOLTZE, KELLY                                                                             
04/02/08       (H)       TRANSMITTED TO (S)                                                                                     
04/02/08       (H)       VERSION: HB 400                                                                                        
04/03/08       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/03/08       (S)       JUD, FIN                                                                                               
04/05/08       (S)       JUD AT 9:00 AM BUTROVICH 205                                                                           
                                                                                                                                
BILL: HJR 37                                                                                                                  
SHORT TITLE: CONST AM: SEC. OF STATE REFERENCES                                                                                 
SPONSOR(s): REPRESENTATIVE(s) GRUENBERG                                                                                         
                                                                                                                                
02/19/08       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/19/08       (H)       STA, JUD                                                                                               
03/13/08       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
03/13/08       (H)       Scheduled But Not Heard                                                                                
03/15/08       (H)       STA AT 11:00 AM CAPITOL 106                                                                            
03/15/08       (H)       Moved Out of Committee                                                                                 
03/15/08       (H)       MINUTE(STA)                                                                                            
03/17/08       (H)       STA RPT 4DP 1NR                                                                                        
03/17/08       (H)       DP: JOHNSON, GRUENBERG, DOLL, ROSES                                                                    
03/17/08       (H)       NR: COGHILL                                                                                            
03/17/08       (H)       FIN REFERRAL ADDED AFTER JUD                                                                           
03/19/08       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/19/08       (H)       Moved CSHJR 37(JUD) Out of Committee                                                                   
03/19/08       (H)       MINUTE(JUD)                                                                                            
03/20/08       (H)       JUD RPT CS(JUD) NT 5DP 1NR                                                                             
03/20/08       (H)       DP:   GRUENBERG,   COGHILL,   DAHLSTROM,                                                               
                         LYNN, RAMRAS                                                                                           
03/20/08       (H)       NR: SAMUELS                                                                                            
03/27/08       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
03/27/08       (H)       Moved CSHJR 37(JUD) Out of Committee                                                                   
03/27/08       (H)       MINUTE(FIN)                                                                                            
03/28/08       (H)       FIN RPT CS(JUD) NT 4DP 5NR                                                                             
03/28/08       (H)       DP: CRAWFORD, KELLY, THOMAS, MEYER                                                                     
03/28/08       (H)       NR: HAWKER, GARA, STOLTZE, JOULE,                                                                      
                         CHENAULT                                                                                               
03/31/08       (H)       TRANSMITTED TO (S)                                                                                     
03/31/08       (H)       VERSION: CSHJR 37(JUD)                                                                                 
04/01/08       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/01/08       (S)       JUD, FIN                                                                                               
04/05/08       (S)       JUD AT 9:00 AM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
BEN MULLIGAN, Staff                                                                                                             
  to Representative Bill Stoltze                                                                                                
Alaska State Capitol                                                                                                            
Juneau, AK                                                                                                                      
POSITION STATEMENT:  Introduced HB 268 on behalf of the sponsor.                                                              
                                                                                                                                
KELLY RIEDELLO, Assistant State Fire Marshal                                                                                    
Division of Fire and Life Safety                                                                                                
Department of Public Safety                                                                                                     
Anchorage, AK                                                                                                                   
POSITION STATEMENT:  Offered to answer questions on HB 268.                                                                   
                                                                                                                                
JANE PIERSON, Staff                                                                                                             
  to Representative Jay Ramras                                                                                                  
Alaska State Capitol                                                                                                            
Juneau, AK                                                                                                                      
POSITION STATEMENT:  Introduced HB 163 on behalf of the sponsor.                                                              
                                                                                                                                
EMILY BEATLEY, Staff                                                                                                            
  to Representative Jay Ramras                                                                                                  
Alaska State Capitol                                                                                                            
Juneau, AK                                                                                                                      
POSITION STATEMENT: Introduced HB 359 on behalf of the sponsor.                                                               
                                                                                                                                
MIKE POWLOWSKI, Staff                                                                                                           
  to Representative Kevin Meyer                                                                                                 
Alaska State Capitol                                                                                                            
Juneau, AK                                                                                                                      
POSITION STATEMENT:  Introduced HB 305 on behalf of the sponsor.                                                              
                                                                                                                                
RYNNIEVA MOSS, Staff                                                                                                            
  to Representative John Coghill                                                                                                
Alaska State Capitol                                                                                                            
Juneau, AK                                                                                                                      
POSITION STATEMENT:  Introduced HB 50 on behalf of the sponsor.                                                             
                                                                                                                                
MARSHA PICKERING, Social Services Program Coordinator                                                                           
Office of Children's Services                                                                                                   
Department of Health and Social Services (DHSS)                                                                                 
Juneau, AK                                                                                                                      
POSITION STATEMENT:  Answered questions related to HB 50.                                                                     
                                                                                                                                
JAN RUTHERDALE, Assistant Attorney General                                                                                      
Civil Division                                                                                                                  
Child Protective Section                                                                                                        
Department of Law                                                                                                               
Juneau, AK                                                                                                                      
POSITION STATEMENT:  Responded to a question related to HB 50.                                                                
                                                                                                                                
AURORA HAUKE, Staff                                                                                                             
  to Representative Beth Kerttula                                                                                               
Alaska State Capitol                                                                                                            
Juneau, AK                                                                                                                      
POSITION STATEMENT:  Introduced HB 400 on behalf of the sponsor.                                                              
                                                                                                                                
DENEEN TUCK, Staff                                                                                                              
  to Representative Max Gruenberg                                                                                               
Alaska State Capitol                                                                                                            
Juneau, AK                                                                                                                      
POSITION STATEMENT:  Introduced HJR 37 on behalf of the sponsor.                                                              
                                                                                                                                
REPRESENTATIVE MAX GRUENBERG                                                                                                    
Alaska State Capitol                                                                                                            
Juneau, AK                                                                                                                      
POSITION STATEMENT:  Sponsor of HJR 37.                                                                                       
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  HOLLIS   FRENCH  called  the  Senate   Judiciary  Standing                                                             
Committee meeting to order at 9:05:10  AM. Present at the call to                                                             
order   were   Senators    French,   Therriault,   Huggins,   and                                                               
Wielechowski.                                                                                                                   
                                                                                                                                
           HB 268-MOTOR VEHICLE ARSON ON PUBLIC LAND                                                                        
                                                                                                                                
CHAIR FRENCH announced the consideration  of HB 268. He asked the                                                               
sponsor's representative if he had  additional information on the                                                               
bill that the committee might need.                                                                                             
                                                                                                                                
9:05:47 AM                                                                                                                    
BEN MULLIGAN,  Staff to Representative  Bill Stoltze,  sponsor of                                                               
HB 268, mentioned  a letter that was sent to  the sponsor related                                                               
to the permitting  system and relayed that  a representative from                                                               
the  office of  the State  Fire Marshal  was available  to answer                                                               
questions on that or other points.                                                                                              
                                                                                                                                
9:07:00 AM                                                                                                                    
KELLY RIEDELLO,  Assistant State  Fire Marshal, relayed  that the                                                               
state fire  marshal previously testified  in support of  the bill                                                               
and he is here today to answer questions.                                                                                       
                                                                                                                                
CHAIR FRENCH  noted that  public testimony  was closed  after the                                                               
last hearing, and  finding no committee discussion,  he asked for                                                               
a motion.                                                                                                                       
                                                                                                                                
SENATOR WIELECHOWSKI motioned to report  HB 268 and attached zero                                                               
fiscal note(s) from committee with individual recommendations.                                                                  
                                                                                                                                
CHAIR FRENCH  announced that without  objection, HB 268  is moved                                                               
from the Senate Judiciary Committee.                                                                                            
                                                                                                                                
       CSHB 163(JUD)-PROPERTY FORECLOSURES AND EXECUTIONS                                                                   
                                                                                                                                
9:08:28 AM                                                                                                                    
CHAIR  FRENCH announced  the consideration  of CSHB  163(JUD) and                                                               
asked  for  a  motion  to  adopt  Version  \T,  Senate  committee                                                               
substitute  (CS). [The  committee discussed,  but did  not adopt,                                                               
Version 25-LS0630\N during the meeting on 3/25/08.]                                                                             
                                                                                                                                
SENATOR  HUGGINS moved  to  adopt  Senate CS  for  CSHB 163,  25-                                                               
LS0630\T, Bannister, as the working document.                                                                                   
                                                                                                                                
CHAIR FRENCH explained that the  CS essentially makes two changes                                                               
to the bill  that passed from the House. First,  it drops Section                                                               
2, which was the provision  that mandated Internet advertizing of                                                               
foreclosure sales. It's  a good idea, but it  was unclear whether                                                               
that  would continue  if  the law  mandated  it happen  somewhere                                                               
else. The Alaska Journal of  Commerce website seems to be working                                                               
and the mandate  might or might not jeopardize  that. Noting that                                                               
the sponsor acquiesced  to his view, he asked Ms.  Pierson if she                                                               
had anything to add on that point.                                                                                              
                                                                                                                                
9:10:09 AM                                                                                                                    
JANE PIERSON, Staff  to Representative Jay Ramras,  sponsor of HB                                                               
163, responded that the sponsor accepts the change.                                                                             
                                                                                                                                
CHAIR FRENCH  explained that the  second change is in  Section 4.                                                               
The phrase "up to two days" was  deleted so that a default can be                                                               
cured at  any time  before the  sale rather than  up to  two days                                                               
before  the  sale because  that  phrase  may upset  thousands  of                                                               
current deeds  of trust that  allow cure  up until the  moment of                                                               
sale. With  the growing foreclosure  crisis homeowners  should be                                                               
given every  opportunity to keep  their homes from being  sold to                                                               
satisfy a debt.                                                                                                                 
                                                                                                                                
MS. PIERSON  told Chair  French she  had nothing  to add  on that                                                               
point.                                                                                                                          
                                                                                                                                
CHAIR FRENCH observed that this is  one of those bills where both                                                               
sides  can come  together and  create good  new provisions  for a                                                               
dynamic are  in the law.  Finding no  discussion, he asked  for a                                                               
motion.                                                                                                                         
                                                                                                                                
9:11:16 AM                                                                                                                    
SENATOR  THERRIAULT motioned  to  report SCS  CSHB 163(JUD),  25-                                                               
LS0630\T,  and  attached  fiscal   note(s)  from  committee  with                                                               
individual recommendations.                                                                                                     
                                                                                                                                
CHAIR FRENCH announced  that without objection the  bill is moved                                                               
from the Senate Judiciary Committee.                                                                                            
                                                                                                                                
          CSHB 359(FIN)-PROBATION AND MINOR CONSUMING                                                                       
                                                                                                                                
CHAIR FRENCH announced  the consideration of HB  359. [Before the                                                               
committee  was CSHB  359(FIN).]  He recapped  that  the bill  was                                                               
heard two  days ago and  held over  to consider the  changes that                                                               
had been made.                                                                                                                  
                                                                                                                                
9:11:55 AM                                                                                                                    
EMILY BEATLEY, Staff to Representative  Jay Ramras, sponsor of HB                                                               
359, thanked the committee for considering the bill.                                                                            
                                                                                                                                
CHAIR FRENCH observed that the bill  is a good idea that's a long                                                               
time  in coming.  Young  people who  drink  alcohol when  they're                                                               
underage  should be  punished, but  they should  be able  to cure                                                               
themselves of  that mistake without too  many ramifications. He's                                                               
heard about the negative affect  on military recruitment, getting                                                               
into  college and  other steps  that young  people might  want to                                                               
take. Some are too harsh.                                                                                                       
                                                                                                                                
9:12:46 AM                                                                                                                    
SENATOR McGUIRE joined the hearing.                                                                                             
                                                                                                                                
SENATOR  WIELECHOWSKI  motioned to  report  HB  359 and  attached                                                               
fiscal note(s) from committee with individual recommendations.                                                                  
                                                                                                                                
CHAIR FRENCH  announced that without objection,  CSHB 359(FIN) is                                                               
moved from the Senate Judiciary Committee.                                                                                      
                                                                                                                                
At ease from 9:13:07 AM to 9:14:40 AM.                                                                                      
                                                                                                                                
    CSHB 305(RLS) am -CAMPAIGN FUND RAISING DURING SESSIONS                                                                 
                                                                                                                                
CHAIR FRENCH announced  the consideration of HB  305 dealing with                                                               
campaign finance. [Before the committee was CSHB 305(RLS) am.]                                                                  
                                                                                                                                
9:14:57 AM                                                                                                                    
MIKE POWLOWSKI,  Staff to Representative Kevin  Meyer, sponsor of                                                               
HB 305, described  Section 3 as the meat of  the bill. It extends                                                               
to  other  races the  prohibition  against  a legislator  raising                                                               
money for  a statewide office  during a legislative  session. The                                                               
current version  provides a  blanket prohibition  against raising                                                               
money:  for another  candidate for  municipal, state,  or federal                                                               
office; to influence  a ballot proposition or question;  or for a                                                               
political  party. When  the  legislature is  not  in session  the                                                               
legislator regains the right to solicit for those activities.                                                                   
                                                                                                                                
9:17:16 AM                                                                                                                    
MR.  POWLOWSKI said  that  subparagraph  (A) in  Section  3 is  a                                                               
little different in  that a legislator can solicit  funds for his                                                               
or her own  campaign for office as  long as it is  within 90 days                                                               
of that  election and not  in the  location where the  session is                                                               
being held or in the capital city.                                                                                              
                                                                                                                                
Section  1  repeals  and  reenacts  AS  15.13.072(d)  to  provide                                                               
continuity between the APOC laws  and ethics laws. Subsection (d)                                                               
originally  applied  the  prohibition  to  both  legislators  and                                                               
candidates,   but    the   court    determined   that    it   was                                                               
unconstitutional to apply the prohibition  to candidates who were                                                               
not sitting  legislators, so the  section was never  enforced. In                                                               
working through  the process they  decided to repeal  and reenact                                                               
the statute, meet the court  order and apply the prohibition only                                                               
to legislators.  The APOC laws  are amended to clarify  that this                                                               
applies to  not only  a legislative race,  but also  a municipal,                                                               
state, or federal races.                                                                                                        
                                                                                                                                
9:19:06 AM                                                                                                                    
CHAIR  FRENCH added  that Title  15 is  the APOC  statutes so  to                                                               
contravene the  statute is an  APOC violation. He asked  what the                                                               
penalty is for that and Mr.  Powlowski said he would provide that                                                               
information later.                                                                                                              
                                                                                                                                
MR. POWLOWSKI explained that Section  2 relates to the ethics law                                                               
and applies only  to legislative employees. It does  not apply to                                                               
legislators.  The  reasoning  is  that  Section  3  places  broad                                                               
prohibitions on  legislators and  that section wouldn't  apply in                                                               
its entirety to legislative employees  since they aren't decision                                                               
makers.                                                                                                                         
                                                                                                                                
MR. POWLOWSKI said he hopes  there is some conversation about the                                                               
issue  of federal  preemption  as  it relates  to  the bill.  The                                                               
sponsor  recognizes that  federal law  preempts this  bill as  it                                                               
applies to federal  office, but he believes that the  state has a                                                               
compelling interest in governing  the conduct of its legislators,                                                               
so a challenge is warranted.                                                                                                    
                                                                                                                                
9:21:11 AM                                                                                                                    
SENATOR THERRIAULT asked  if the issue is  that it's questionable                                                               
that this  state law can preempt  him from raising money  for his                                                               
or someone else's federal campaign.                                                                                             
                                                                                                                                
MR.  POWLOWSKI replied  he understands  that  it would  be for  a                                                               
candidate's  own  campaign  for federal  office.  Candidates  for                                                               
federal  office  fall  under the  federal  election  code,  which                                                               
applies  only to  a candidacy.  "We  do believe  that the  bill's                                                               
prohibitions on  your solicitation of  funds in favor  of someone                                                               
for  federal office  would not  fall under  the federal  election                                                               
code."                                                                                                                          
                                                                                                                                
CHAIR FRENCH asked if the  federal preemption pertains in Section                                                               
3 because the  bill states that "on any day  when either house of                                                               
the legislature  is in regular  or special session,  a legislator                                                               
may not solicit  or accept a contribution or a  promise or pledge                                                               
to  make a  contribution for  the legislator's  own campaign  for                                                               
public office."  The sponsor interprets  "public office"  to mean                                                               
local, state, or federal.                                                                                                       
                                                                                                                                
MR. POWLOWSKI said that's correct.                                                                                              
                                                                                                                                
9:22:45 AM                                                                                                                    
CHAIR FRENCH referred  to the legal opinion dated  1/25/08 on the                                                               
issue  of federal  preemption  that cites  a  case from  Georgia,                                                               
Tepper  v.  Miller.  In  that  case the  U.S.  Court  of  Appeals                                                             
affirmed  an  injunction against  enforcement  of  a Georgia  law                                                               
prohibiting  Georgia  General  Assembly  members  from  accepting                                                               
contributions for  federal election campaigns while  the assembly                                                               
was in  session. The court of  appeals held that the  statute was                                                               
preempted by the Federal Election Campaign Act of 1971.                                                                         
                                                                                                                                
CHAIR  FRENCH said  that in  bald terms  "preemption" means  that                                                               
you're pushed  out of the way.  In this country U.S.  federal law                                                               
is supreme  and in  this issue  it sits on  top of  anything this                                                               
state  might do,  particularly with  respect to  federal election                                                               
laws.  Basically, the  state  is powerless  to  tell the  federal                                                               
government how  to run federal  elections. The last  paragraph of                                                               
that opinion says: "The express  language of the federal election                                                               
laws preemption  provision, the provision's  legislative history,                                                               
and  the  FEC's  interpretation  make  plain  that  a  state  law                                                               
operating to regulate the period  in which a category of citizens                                                               
can accept  contributions for  a campaign  for federal  office is                                                               
preempted."                                                                                                                     
                                                                                                                                
CHAIR  FRENCH  observed that  the  foregoing  doesn't leave  much                                                               
wiggle room  and it makes  him nervous to  set up a  statute that                                                               
invites a challenge and legal  proceedings that would require the                                                               
state to  defend the law.  Ultimately he  said he feels  that the                                                               
district attorney who tries to defend this law will lose.                                                                       
                                                                                                                                
9:25:32 AM                                                                                                                    
MR. POWLOWSKI  responded that the  sponsor appreciates  the issue                                                               
and did take pause when  he received the opinion from legislative                                                               
legal. The  packets also  contain a  research report  pointing to                                                               
three  other states  that have  a similar  provision that  either                                                               
have not been  struck down or have not been  challenged. When the                                                               
sponsor saw that, he decided to go forward with that provision.                                                                 
                                                                                                                                
SENATOR  THERRIAULT  asked  if the  similar  provision  in  other                                                               
states hadn't been struck down or hadn't been challenged.                                                                       
                                                                                                                                
MR. POWLOWSKI said the Tepper  v. Miller challenge in Georgia was                                                             
overturned  and in  another state  the  attorney general  decided                                                               
that the provision would not be  enforced. "It's the same way the                                                               
state  currently operates  under the  way the  existing APOC  law                                                               
applies  to candidates."  The law  says one  thing and  the state                                                               
court  says it  won't be  enforced. The  other three  states have                                                               
similar  provisions  in  law,  but a  challenge  has  never  been                                                               
brought so they remain in effect.                                                                                               
                                                                                                                                
CHAIR  FRENCH said  it's an  interesting  intersection of  what's                                                               
right, what's legal,  and what you can get away  with. "It may be                                                               
that we  can't stop  sitting legislators  from raising  money for                                                               
federal office  while the  legislature is in  session. It  may be                                                               
that those individuals  would think twice about  the propriety of                                                               
doing so  since we're all banned  from raising money for  our own                                                               
campaigns while we're here doing  the state's business. It may be                                                               
that…the whole  welter of  laws is  beside the  point. It  may be                                                               
that total and  complete disclosure is really the way  to go," he                                                               
said.                                                                                                                           
                                                                                                                                
9:28:40 AM                                                                                                                    
CHAIR FRENCH asked  if subparagraph (B) in Section  3 prohibits a                                                               
legislator from making a contribution for another candidate                                                                     
                                                                                                                                
MR. POWLOWSKI replied  their understanding of (A),  (B), (C), and                                                               
(D) is that they fall  under paragraph (1). That says legislators                                                               
may not  "on a  day when  either house of  the legislature  is in                                                               
regular or special  session, solicit or accept  a contribution or                                                               
a promise  or pledge to  make a contribution" so  the prohibition                                                               
applies  to  solicitation or  acceptance  of  funds and  not  the                                                               
ability to make a contribution.                                                                                                 
                                                                                                                                
CHAIR FRENCH  said he couldn't,  for example, raise money  for an                                                               
assembly candidate in Anchorage.                                                                                                
                                                                                                                                
MR. POWLOWSKI  agreed and said  the fundraising events  that take                                                               
place  during  the  campaign  season  provide  an  easy  example.                                                               
Oftentimes  you'll see  members hosting  events to  solicit funds                                                               
for a  candidate. That would  be prohibited during  a legislative                                                               
session, but  a legislator  would continue to  have the  right to                                                               
appear and  endorse the candidate as  long as it isn't  linked to                                                               
the solicitation of funds.                                                                                                      
                                                                                                                                
CHAIR  FRENCH asked  about the  circumstance  of his  going to  a                                                               
fundraiser  and  standing  up  and  asking  folks  to  get  their                                                               
checkbooks out because this guy is worth electing.                                                                              
                                                                                                                                
MR. POWLOWSKI replied  that would be over the  line. In governing                                                               
conduct  for  this  section,  the  point is  to  not  attend  the                                                               
fundraiser  in  favor  of  that candidate.  When  it  applies  to                                                               
candidates it's a  little different than ballot  measures but the                                                               
principle  is similar.  Legislators could  appear in  commercials                                                               
supporting  the  policy of  an  initiative,  but they  could  not                                                               
appear in a  commercial asking to raise money  for the initiative                                                               
because that  is a  solicitation for  funds. It's  separating the                                                               
act of soliciting money versus the act of supporting the policy.                                                                
                                                                                                                                
9:31:34 AM                                                                                                                    
SENATOR  McGUIRE expressed  the view  that this  is an  important                                                               
policy when you think about  the principle behind why legislators                                                               
can't raise money  while in Juneau. At heart it's  so there isn't                                                               
an  appearance that  legislators  are being  influenced in  their                                                               
deliberations.  It could  be  carried a  step  further with  poor                                                               
motive. "I  think putting it into  law is a great  approach," she                                                               
said.                                                                                                                           
                                                                                                                                
MR. POWLOWSKI added  that legislators used to  be prohibited from                                                               
raising  money for  legislative, municipal  and statewide  office                                                               
and HB 305  initially tried to take  the law back to  what it was                                                               
before.  The problem  was extending  that prohibition  to federal                                                               
law.                                                                                                                            
                                                                                                                                
9:33:52 AM                                                                                                                    
SENATOR   WIELECHOWSKI  said   he  doesn't   disagree  with   the                                                               
philosophy, but  he questions  whether it's any  better to  get a                                                               
$1,000 check  the day  before the session  versus getting  it the                                                               
day the session starts.                                                                                                         
                                                                                                                                
MR.  POWLOWSKI replied  we felt  that  when members  put on  hold                                                               
their role as  a citizen to take up the  people's business is the                                                               
defining  line  for  saying  that  this  is  a  time  not  to  be                                                               
soliciting funds.                                                                                                               
                                                                                                                                
SENATOR WIELECHOWSKI asked  if this would also  apply to governor                                                               
candidates, lieutenant governor  candidates and perhaps municipal                                                               
candidates.                                                                                                                     
                                                                                                                                
MR. POWLOWSKI  said the  provision is  in the  Legislative Ethics                                                               
Act and it  applies only to the conduct of  legislators. That was                                                               
the sponsor's focus.                                                                                                            
                                                                                                                                
SENATOR WIELECHOWSKI  asked if  he would  object to  amending the                                                               
bill to include the Executive Branch Ethics Act.                                                                                
                                                                                                                                
MR.  POWLOWSKI replied  he doesn't  know the  sponsor's position,                                                               
but when that  was discussed in previous  committees his position                                                               
was that the executive branch should deal with that.                                                                            
                                                                                                                                
9:36:53 AM                                                                                                                    
SENATOR  THERRIAULT  said  Mr.  Pawlowski  made  the  point  that                                                               
legislators  shift  roles  from  being   a  citizen  to  being  a                                                               
legislator  when the  session starts,  and  if you  wanted to  go                                                               
beyond that  you'd have to  make the prohibition year  around and                                                               
that  would be  a complete  loss  of a  constitutional right.  As                                                               
currently  drafted, the  line  is very  bright  and distinct,  he                                                               
stated.                                                                                                                         
                                                                                                                                
CHAIR  FRENCH observed  that the  further you  get from  the core                                                               
activity  you're trying  to  prevent, the  more  you'll get  into                                                               
legal trouble.  He can't  see any  court upholding  a ban  on the                                                               
ability  to raise  money  for good  causes  during a  legislative                                                               
session, even if you have a bad motive for doing so.                                                                            
                                                                                                                                
9:39:08 AM                                                                                                                    
SENATOR McGUIRE said she believes  the distinction is that you're                                                               
in a  political context asking  for money as opposed  to speaking                                                               
on behalf of a good cause.                                                                                                      
                                                                                                                                
CHAIR  FRENCH said  that's  the exact  tension  because there  is                                                               
nothing more protected  than political speech. It's  at the heart                                                               
of the  First Amendment. The  First Amendment isn't  about asking                                                               
for  money for  the Red  Cross  or an  advertisement for  selling                                                               
soap; it's  about a person's  right to  stand up and  state their                                                               
political principles  with as much  vigor and enthusiasm  as they                                                               
like.                                                                                                                           
                                                                                                                                
MR. POWLOWSKI relayed that the  next subsection, AS 24.60.030(e),                                                               
speaks  to that  very conduct.  It talks  about a  legislator not                                                               
trading  his  or her  vote  and  it  speaks  to donating  or  not                                                               
donating to  a cause favored  by the legislator. Extending  it to                                                               
cover  things  like  the  Red   Cross  was  discussed  but  those                                                               
individuals are not policy makers;  that is a legislator role. As                                                               
long as  you limit  it to  things that  are political  in nature,                                                               
you're  within  reasonable  bounds,  he said.  We  haven't  heard                                                               
significant  constitutional  questions  on   the  issue  of  free                                                               
speech.  The  legal  memorandums   say  that  the  constitutional                                                               
questions are related to the  federal election issues rather than                                                               
free speech.                                                                                                                    
                                                                                                                                
SENATOR McGUIRE added  that the courts have  said that reasonable                                                               
restrictions  are  allowed  because  it's  the  compelling  state                                                               
interest.                                                                                                                       
                                                                                                                                
9:42:21 AM                                                                                                                    
CHAIR  FRENCH agreed,  and  then  set HB  305  aside for  further                                                               
consideration.                                                                                                                  
                                                                                                                                
             CSHB 50(JUD) -CHILD PLACEMENT COMPACT                                                                          
                                                                                                                                
CHAIR FRENCH  announced the consideration  of HB 50.  [Before the                                                               
committee was CSHB 50(JUD).]                                                                                                    
                                                                                                                                
9:42:56 AM                                                                                                                    
RYNNIEVA MOSS,  Staff to Representative John  Coghill, sponsor of                                                               
HB 50, explained that the  sponsor became interested in the issue                                                               
of interstate child  placement after he learned  about the delays                                                               
in placing children with relatives  living outside the state. The                                                               
delays result in children being placed  in foster homes for up to                                                               
a  year.  The  existing  interstate  compact  for  the  placement                                                               
children (ICPC)  was created  in 1959, and  Alaska adopted  it in                                                               
1976.   This   40-year-old   statute   doesn't   reflect   modern                                                               
technology, doesn't have accountability, and doesn't work.                                                                      
                                                                                                                                
9:44:35 AM                                                                                                                    
MS. MOSS  relayed that  when the sponsor  read: "The  compact and                                                               
its rules shall supersede state  law, rules or regulations to the                                                               
extent of  any conflict therewith"  he decided to carry  the bill                                                               
through  to  ensure  that  changes  are  made  to  sustain  state                                                               
sovereignty.  As  currently  written  the  bill  eliminates  that                                                               
language.  It has  provisions  to place  a  child with  relatives                                                               
after  a  basic assessment  with  a  full  home study  to  follow                                                               
thereafter.                                                                                                                     
                                                                                                                                
MS.  MOSS   said  the   sponsor  feels   that  the   bill  places                                                               
accountability appropriately  and, contrary  to the  fiscal note,                                                               
believes that it  will save money. It takes the  state out of the                                                               
act of  supervising placement where is  shouldn't. "This language                                                               
has been worked on for  several years, Representative Coghill has                                                               
been supervising  his part for  a year, and  we feel the  way the                                                               
language is  now, it's a  good bill and  it's going to  mean that                                                               
children are being  placed with relatives and  friends versus the                                                               
homes of strangers," she said.                                                                                                  
                                                                                                                                
9:47:06 AM                                                                                                                    
MARSHA  PICKERING, Social  Services Program  Director, Office  of                                                               
Children's  Services, Department  of Health  and Social  Services                                                               
(DHSS),  said  she  is  the  deputy  compact  administrator.  She                                                               
explained  that  the  new compact  will  provide  uniformity  and                                                               
accountability to the  processes. The old ICPC does  not have any                                                               
accountability or enforcement of  reciprocity to ensure that each                                                               
state is not charged for  the services provided by another state.                                                               
Most importantly,  the new  compact will  ensure safe  and timely                                                               
placements  so that  home  studies  can be  done  within 60  days                                                               
instead of  up to a year.  She highlighted that the  new ICPC has                                                               
been  endorsed  by  the  executive  committees  of  the  National                                                               
Council  of State  Human Services,  the  National Association  of                                                               
Public Child Welfare Administrators,  the National Association of                                                               
Administrators  of ICPC,  and the  American  Academy of  Adoption                                                               
Attorneys.                                                                                                                      
                                                                                                                                
MS. PICKERING  continued to explain that  the executive committee                                                               
of the  administrators of the  ICPC negotiated with  the American                                                               
Academy of  Adoption Attorneys to  revise the flawed  first draft                                                               
of the  new compact. As  currently written the new  ICPC provides                                                               
for  administrative  rulemaking and  accountability,  supervision                                                               
services  and  accountability  as  well  as  the  opportunity  to                                                               
purchase home studies  from private agencies in the  event that a                                                               
state  is slow  in providing  the service.  It also  provides two                                                               
types of  placement evaluations,  one is the  home study  and the                                                               
second is an assessment. The  latter is an abbreviated version so                                                               
the  child gets  to grandma's  house  in less  time. An  advisory                                                               
committee made up of the  executive branch, judiciary branch, and                                                               
the legislative branch  will provide oversight and  advice to her                                                               
office and its equivalent in other states.                                                                                      
                                                                                                                                
9:52:24 AM                                                                                                                    
SENATOR THERRIAULT noted  that the fiscal note says  that even if                                                               
this  is placed  in statute  it won't  become effective  until 34                                                               
other states also adopt the compact.                                                                                            
                                                                                                                                
MS.  PICKERING said  that's  correct. She  expects  it will  take                                                               
about two years  to get 35 states signed on  and another year for                                                               
the  new  ICPC  to  develop   rules  and  regulations  for  doing                                                               
business.                                                                                                                       
                                                                                                                                
CHAIR FRENCH  observed that you have  to have a critical  mass of                                                               
participants in order to have a true interstate compact.                                                                        
                                                                                                                                
SENATOR WIELECHOWSKI asked how many  children this will impact in                                                               
the average year.                                                                                                               
                                                                                                                                
MS. PICKERING  replied that on  any given  day she has  about 380                                                               
open home study or placement  requests, but she doesn't have data                                                               
on the number of children her office affects during the year.                                                                   
                                                                                                                                
CHAIR FRENCH asked if one central group is behind this idea.                                                                    
                                                                                                                                
MS.   PICKERING  said   the   American   Public  Human   Services                                                               
Association  took  the  lead  and put  together  a  drafting  and                                                               
development  team comprised  of several  stakeholders, attorneys,                                                               
judges,  and  state  child-welfare directors.  Several  different                                                               
work-groups provided recommendations.                                                                                           
                                                                                                                                
CHAIR FRENCH asked if this  has been circulated within the Alaska                                                               
legal community, specifically  the family law section  of the bar                                                               
association.                                                                                                                    
                                                                                                                                
MS. PICKERING said she isn't sure.                                                                                              
                                                                                                                                
MS. MOSS said  she, too, isn't sure, but family  law and adoption                                                               
lawyers have been involved in amending the original bill.                                                                       
                                                                                                                                
9:55:28 AM                                                                                                                    
CHAIR  FRENCH  asked  how  much  variance  each  state  has  when                                                               
enacting the compact.                                                                                                           
                                                                                                                                
MS. PICKERING replied  the state can add statutes  to enforce the                                                               
way it  does business, but  each state has  to enact the  body of                                                               
the compact verbatim, otherwise it isn't a compact.                                                                             
                                                                                                                                
MS. MOSS added that some sections  of the bill dealing with court                                                               
rules to implement the other provisions are amendable.                                                                          
                                                                                                                                
SENATOR HUGGINS  asked the  cost of  a home  study versus  a home                                                               
assessment and the value of one compared to the other.                                                                          
                                                                                                                                
MS. PICKERING estimated that referring  a home study request to a                                                               
contractor costs  between $800  and $1,200.  Those take  from 4-6                                                               
months because the criminal background  fingerprint checks take a                                                               
long time. Under  the new compact, the child can  be placed while                                                               
awaiting the results  of the criminal fingerprint  check, if good                                                               
state background checks are available.                                                                                          
                                                                                                                                
SENATOR HUGGINS commented  that his life experience  says that 90                                                               
percent  on  time is  better  than  100  percent late,  and  this                                                               
appeals to  that sentiment and  it works. "You have  my support,"                                                               
he said.                                                                                                                        
                                                                                                                                
9:57:52 AM                                                                                                                    
SENATOR McGUIRE asked  if this draft was circulated  to the court                                                               
appointed special  advocates for  abused children and  the family                                                               
law bar.                                                                                                                        
                                                                                                                                
MS.  PICKERING  explained  that  the  Alaska  OCS  workgroup  had                                                               
representatives from  the American Academy of  Adoption Attorneys                                                               
and  several  other  areas  at  the table.  Each  member  of  the                                                               
workgroup was  urged bring recommendations and  concerns from the                                                               
group they represented. "So we can  hope that it made the rounds,                                                               
but I'm not exactly sure," she said.                                                                                            
                                                                                                                                
SENATOR   McGUIRE   asked  if   there   is   a  record   of   the                                                               
recommendations and concerns and were they incorporated or not.                                                                 
                                                                                                                                
MS.  MOSS replied  she doesn't  know  how many  responded to  the                                                               
inquiries that OCS  made, but she knows  that legislative offices                                                               
were contacted  and that's how  she came to attend  the meetings.                                                               
"I think  there was  plenty of  public notice  for participation,                                                               
but Marsha would probably have  any documents that involve public                                                               
comment," she added.                                                                                                            
                                                                                                                                
SENATOR  McGUIRE   asked  if  the  compact   makes  specific  and                                                               
substantive  changes to  Alaska  law. For  example, some  states,                                                               
like Alaska,  have chosen  to have open  adoptions and  some have                                                               
chosen to  have closed adoptions. In  the past she's looked  at a                                                               
hybrid  because a  lot  of  kids aren't  placed  because of  that                                                               
policy.                                                                                                                         
                                                                                                                                
MS. MOSS deferred to Ms. Rutherdale.                                                                                            
                                                                                                                                
JAN  RUTHERDALE,  Assistant  Attorney  General,  Civil  Division,                                                               
Child  Protective Section,  Department of  Law, said  the compact                                                               
makes no substantive changes to Alaska law.                                                                                     
                                                                                                                                
10:02:11 AM                                                                                                                   
CHAIR  FRENCH pointed  out that  the bill  next has  to pass  the                                                               
finance committee hurtle.  He added that he takes  some solace in                                                               
the  fact that  the compact  has to  be authorized  by 35  states                                                               
before  becoming law.  Finding no  one who  wanted to  testify on                                                               
behalf of HB 50, he closed public testimony.                                                                                    
                                                                                                                                
SENATOR McGUIRE  motioned to report  CSHB 50 and  attached fiscal                                                               
note(s) from committee with individual recommendations.                                                                         
                                                                                                                                
10:03:20 AM                                                                                                                   
CHAIR FRENCH  announced that without  objection, CSHB  50(JUD) is                                                               
moved from the Senate Judiciary Committee.                                                                                      
                                                                                                                                
        HB 400-MITIGATING FACTOR: CARE FOR DRUG OVERDOSE                                                                    
                                                                                                                                
CHAIR FRENCH announced the consideration of HB 400.                                                                             
                                                                                                                                
10:04:36 AM                                                                                                                   
AURORA HAUKE,  Staff to Representative Beth  Kerttula, sponsor of                                                               
HB 400, reported  that each year about 85 Alaskans  die from drug                                                               
overdoses, which  is well  above the  national average.  A recent                                                               
interview of drug users in New  York indicated that over half had                                                               
witnessed a drug  overdose, and that more than 30  percent of the                                                               
witnessed  overdoses  went without  a  call  for help.  The  most                                                               
commonly  cited  reason  for non-reporting  was  fear  of  police                                                               
response.  HB 400  encourages people  to call  911 by  creating a                                                               
mitigating factor  for drug  charges when a  person is  a witness                                                               
and  is seeking  medical  assistance for  another  person who  is                                                               
experiencing a drug overdose.                                                                                                   
                                                                                                                                
MS. HAUKE noted  the written testimony from Angela  Hall who lost                                                               
her daughter to  a drug overdose. The adults  who participated in                                                               
the illegal drug use and  witnessed the overdose didn't call 911.                                                               
It was only when her children came  home that a call for help was                                                               
made. It was too late for her,  but it's not too late for others,                                                               
she said.                                                                                                                       
                                                                                                                                
10:05:43 AM                                                                                                                   
CHAIR FRENCH directed  attention to page 3, line 19,  and said he                                                               
assumes  that  AS 11.71  refers  only  to  drug offenses  so  the                                                               
mitigating  factor  would only  relate  to  the drug  charge.  If                                                               
someone makes a  call for help about a drug  overdose that occurs                                                               
during or  as a result  of an  assault, murder, rape,  or robbery                                                               
there  would  be  no  mitigation in  sentencing  on  those  other                                                               
charges.                                                                                                                        
                                                                                                                                
MS. HAUKE said that's correct.                                                                                                  
                                                                                                                                
CHAIR FRENCH asked her to describe how a mitigater works.                                                                       
                                                                                                                                
MS. HAUKE relayed that AS  12.55.155(a) sets out how a mitigating                                                               
factor  works  and  the  court  determines  whether  there  is  a                                                               
mitigating  factor  on   two  levels.  If  the   low-end  of  the                                                               
presumptive  range  is  0-4  years,  the  judge  can  reduce  the                                                               
sentence to zero, and if the  low-end of the presumptive range is                                                               
over 4  years, the  judge may  decide to  reduce the  sentence by                                                               
half.                                                                                                                           
                                                                                                                                
CHAIR  FRENCH summarized  that  this bill  grants  the judge  the                                                               
opportunity  to reduce  a sentence  to one  half the  presumptive                                                               
sentence.                                                                                                                       
                                                                                                                                
MS. HAUKE said  that's correct, and the judge  may decide there's                                                               
a  mitigating factor  and decide  not to  reduce the  sentence as                                                               
well.                                                                                                                           
                                                                                                                                
CHAIR FRENCH added  that the judge may decide  that the defendant                                                               
doesn't  get the  effect of  the mitigater  because of  other bad                                                               
behavior that occurred during the course of the incident.                                                                       
                                                                                                                                
10:08:16 AM                                                                                                                   
SENATOR THERRIAULT  asked if  the mitigater  would apply  to just                                                               
the person who possesses the drug or to the drug pusher as well.                                                                
                                                                                                                                
CHAIR  FRENCH said  his understanding  is it  would apply  to any                                                               
drug offense.                                                                                                                   
                                                                                                                                
MS. HAUKE  agreed; the statute  governing misconduct  involving a                                                               
controlled substance  makes it  difficult to  separate possession                                                               
and distribution as the severity of the drug increases.                                                                         
                                                                                                                                
SENATOR McGUIRE added that the severity  of the drug is higher so                                                               
the sentence that would be  mitigated would be higher. She agreed                                                               
that the judge has the discretion  to look at the totality of the                                                               
circumstances and decide  not to consider the  mitigater. But the                                                               
stronger message  is that  you want  people to  take the  step to                                                               
help save a person's life, she said.                                                                                            
                                                                                                                                
CHAIR  FRENCH said  you  can imagine  an  array of  circumstances                                                               
where everyone would  think that someone did the  right thing and                                                               
deserves a  break. There  are also a  lot of  circumstances where                                                               
you'd say tough luck. The  authority is appropriately turned over                                                               
to the judge to  make the decision because he or  she has all the                                                               
facts and testimony right there.  "And we hope we're putting good                                                               
judges on  the bench and that  they all come to  good decisions,"                                                               
he said.                                                                                                                        
                                                                                                                                
CHAIR FRENCH found no further testimony and asked for a motion.                                                                 
                                                                                                                                
10:10:44 AM                                                                                                                   
SENATOR McGUIRE  motioned to  report HB  400 and  attached fiscal                                                               
note(s) from committee with individual recommendations.                                                                         
                                                                                                                                
CHAIR FRENCH  announced that without  objection, HB 400  is moved                                                               
from the Senate Judiciary Committee.                                                                                            
                                                                                                                                
        CSHJR 37(JUD)-CONST AM: SEC. OF STATE REFERENCES                                                                    
                                                                                                                                
CHAIR FRENCH announced the consideration of CSHJR 37(JUD).                                                                      
                                                                                                                                
10:11:34 AM                                                                                                                   
DENEEN TUCK,  Staff to Representative  Max Gruenberg,  sponsor of                                                               
HJR 37,  explained that  in 1970, the  voters of  Alaska approved                                                               
amendments  to  the state  constitution  to  change the  name  of                                                               
"secretary of state" to "lieutenant  governor". At that time, the                                                               
drafting  attorneys  caught all  but  two  of the  references  to                                                               
secretary  of state,  and HJR  37 corrects  those omissions.  The                                                               
attached  $1,500   fiscal  note   is  to  cover   the  first-time                                                               
publication of the corrected references.                                                                                        
                                                                                                                                
10:12:36 AM                                                                                                                   
CHAIR  FRENCH recapped  that Sections  1 and  2 each  replace one                                                               
reference  to "secretary  of state"  with "lieutenant  governor,"                                                               
and Section 3  says the constitutional amendments  will be placed                                                               
before  the voters  of the  state because  the legislature  can't                                                               
change the constitution without voter approval.                                                                                 
                                                                                                                                
MS. TUCK agreed.                                                                                                                
                                                                                                                                
CHAIR FRENCH  asked how  the word "secretary  of state"  got into                                                               
the state constitution in the first place.                                                                                      
                                                                                                                                
REPRESENTATIVE MAX  GRUENBERG, sponsor of HJR  37, explained that                                                               
in the  past all  states used  the term  "secretary of  state" to                                                               
identify the second highest office in  the state. In the last 30-                                                               
40 years all but two states  changed the second highest office to                                                               
"lieutenant  governor."  Now  some  states have  a  secretary  of                                                               
state,  but  that person  isn't  the  second  in line  after  the                                                               
governor.                                                                                                                       
                                                                                                                                
CHAIR FRENCH noted the bill history provided in the packet.                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG credited  former Representative Anderson                                                               
                                          th                                                                                    
with introducing the legislation in the 24 legislature.                                                                         
                                                                                                                                
10:15:15 AM                                                                                                                   
CHAIR FRENCH found no one who  wished to testify on behalf of HJR                                                               
37, and  closed public testimony. Finding  no further discussion,                                                               
he asked the will of the committee.                                                                                             
                                                                                                                                
                                                                                                                                
SENATOR McGUIRE motioned  to report CSHJR 37  and attached fiscal                                                               
note(s) from committee with individual recommendations.                                                                         
                                                                                                                                
CHAIR FRENCH  announced that without  objection CSHJR  39(JUD) is                                                               
moved from the Senate Judiciary Committee.                                                                                      
                                                                                                                                
There being no further business to come before the committee,                                                                   
Chair French adjourned the meeting at 10:15:50 AM.                                                                            
                                                                                                                                

Document Name Date/Time Subjects