Legislature(2009 - 2010)BELTZ 105 (TSBldg)

02/10/2010 01:30 PM JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 307 SEXUAL ASSAULT PROTECTIVE ORDERS TELECONFERENCED
Heard & Held
+ SB 194 CIVIL DAMAGES FOR ALCOHOL VIOLATIONS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
= SB 246 INCREASING NUMBER OF SUPERIOR CT JUDGES
Moved SB 246 Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                       February 10, 2010                                                                                        
                           1:38 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Hollis French, Chair                                                                                                    
Senator Bill Wielechowski, Vice Chair                                                                                           
Senator Dennis Egan                                                                                                             
Senator Lesil McGuire                                                                                                           
Senator John Coghill                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 246                                                                                                             
"An Act increasing the number of superior court judges                                                                          
designated for the third judicial district; and providing for an                                                                
effective date."                                                                                                                
     MOVED SB 246 OUT OF COMMITTEE                                                                                              
                                                                                                                                
HOUSE BILL NO. 307                                                                                                              
"An Act relating to sexual assault protective orders."                                                                          
     HEARD AND HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 194                                                                                                             
"An Act relating to civil damages for certain alcohol                                                                           
violations."                                                                                                                    
     HEARD AND HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 246                                                                                                                  
SHORT TITLE: INCREASING NUMBER OF SUPERIOR CT JUDGES                                                                            
SPONSOR(s): RULES BY REQUEST                                                                                                    
                                                                                                                                
01/29/10       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/29/10       (S)       JUD, FIN                                                                                               
02/08/10       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/08/10       (S)       Heard & Held                                                                                           
02/08/10       (S)       MINUTE(JUD)                                                                                            
                                                                                                                                
BILL: HB 307                                                                                                                  
SHORT TITLE: SEXUAL ASSAULT PROTECTIVE ORDERS                                                                                   
SPONSOR(s): HOLMES                                                                                                              
                                                                                                                                
01/19/10       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/19/10       (H)       JUD                                                                                                    
01/27/10       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
01/27/10       (H)       Moved Out of Committee                                                                                 
01/27/10       (H)       MINUTE(JUD)                                                                                            
01/29/10       (H)       JUD RPT 7DP                                                                                            
01/29/10       (H)       DP: LYNN, GRUENBERG, HERRON, DAHLSTROM,                                                                
                         HOLMES, GATTO, RAMRAS                                                                                  
02/01/10       (H)       TRANSMITTED TO (S)                                                                                     
02/01/10       (H)       VERSION: HB 307                                                                                        
02/03/10       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/03/10       (S)       JUD                                                                                                    
02/10/10       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: SB 194                                                                                                                  
SHORT TITLE: CIVIL DAMAGES FOR ALCOHOL VIOLATIONS                                                                               
SPONSOR(s): MEYER                                                                                                               
                                                                                                                                
04/17/09       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/17/09       (S)       STA, JUD                                                                                               
01/28/10       (S)       STA AT 9:00 AM BELTZ 105 (TSBldg)                                                                      
01/28/10       (S)       Moved CSSB 194(STA) Out of Committee                                                                   
01/28/10       (S)       MINUTE(STA)                                                                                            
01/29/10       (S)       STA RPT CS  5DP     NEW TITLE                                                                          
01/29/10       (S)       DP: MENARD, FRENCH, MEYER, PASKVAN,                                                                    
                         KOOKESH                                                                                                
02/10/10       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE LINDSEY HOLMES                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, AK                                                                                                                      
POSITION STATEMENT:  Sponsor of HB 307.                                                                                       
                                                                                                                                
BILL EDWARDS, Staff                                                                                                             
  to Representative Holmes                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, AK                                                                                                                      
POSITION STATEMENT:  Introduced HB 307 on behalf of the sponsor.                                                              
                                                                                                                                
SENATOR MEYER                                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, AK                                                                                                                      
POSITION STATEMENT:  Sponsor of SB 194.                                                                                       
                                                                                                                                
CHRISTINE MARASIGAN, Staff                                                                                                      
  to SENATOR MEYER                                                                                                              
Alaska State Legislature                                                                                                        
Juneau, AK                                                                                                                      
POSITION STATEMENT:  Provided information related to SB 194.                                                                  
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:38:59 PM                                                                                                                    
CHAIR  HOLLIS   FRENCH  called  the  Senate   Judiciary  Standing                                                             
Committee  meeting   to  order   at  1:38  p.m.   Senators  Egan,                                                               
Wielechowski,  and French  were  present at  the  call to  order.                                                               
Senators McGuire  and Coghill  arrived during  the course  of the                                                               
meeting.                                                                                                                        
                                                                                                                                
                                                                                                                                
         SB 246-INCREASING NUMBER OF SUPERIOR CT JUDGES                                                                     
                                                                                                                                
1:39:14 PM                                                                                                                    
CHAIR FRENCH announced the consideration  of SB 246. It was heard                                                               
previously.  The  bill increases  the  number  of superior  court                                                               
judges by  one to serve  in the third judicial  district. Finding                                                               
no questions or comments, he asked for a motion.                                                                                
                                                                                                                                
1:39:46 PM                                                                                                                    
SENATOR WILECHOWSKI  moved to report  SB 246 from  committee with                                                               
individual  recommendations  and  attached  fiscal  notes.  There                                                               
being  no  objection, SB  246  moved  from the  Senate  Judiciary                                                               
Standing Committee.                                                                                                             
                                                                                                                                
At ease from 1:40 p.m. to 1:41 p.m.                                                                                             
                                                                                                                                
            HB 307-SEXUAL ASSAULT PROTECTIVE ORDERS                                                                         
                                                                                                                                
CHAIR FRENCH announced the consideration of HB 307.                                                                             
                                                                                                                                
1:41:25 PM                                                                                                                    
REPRESENTATIVE LINDSEY HOLMES,  Alaska State Legislature, sponsor                                                               
of HB 307, asked her staff to introduce the bill.                                                                               
                                                                                                                                
BILL  EDWARDS,  Staff  to  Representative  Holmes,  said  HB  307                                                               
repairs the statutes pertaining to  protective orders in cases of                                                               
sexual assault. Prior  to 2001 protective orders  existed only in                                                               
cases of domestic  violence. In 2001 they were  extended to cases                                                               
of  stalking outside  a domestic  relationship and  in 2006  they                                                               
were  further  extended to  cases  of  sexual assault  outside  a                                                               
domestic relationship. However,  in an oversight in  the 2006 law                                                               
magistrates   and   district   court  judges   were   not   given                                                               
jurisdiction  to  issue the  protective  orders.  As a  result  a                                                               
number of magistrates and district  court judges are declining to                                                               
issue  protective   orders,  specifically  in  cases   of  sexual                                                               
assault.  They   point  out  that   the  current   statute  gives                                                               
jurisdiction  to do  so only  in cases  of domestic  violence and                                                               
stalking.                                                                                                                       
                                                                                                                                
HB 307 would amend AS  22.15.100 to give magistrates and district                                                               
court judges jurisdiction to issue  protective orders in cases of                                                               
sexual   assault  in   addition  to   stalking.  This   has  been                                                               
particularly problematic in rural  communities. He noted that the                                                               
sponsor of the 2006 legislation  indicated that his intention had                                                               
been  to  include magistrate  jurisdiction  for  cases of  sexual                                                               
assault.  The  Alaska Network  on  Domestic  Violence and  Sexual                                                               
Assault  and the  Alaska Peace  Officers Association  support the                                                               
legislation.                                                                                                                    
                                                                                                                                
1:43:58 PM                                                                                                                    
CHAIR FRENCH asked  to which statute sexual assault  was added in                                                               
the 2006 legislation.                                                                                                           
                                                                                                                                
MR.  EDWARDS replied  the sexual  assault  statute, AS  18.65.850                                                               
through  .870, was  created in  2001 for  stalking. The  2006 Act                                                               
extended the stalking statute to cases of sexual assault.                                                                       
                                                                                                                                
CHAIR FRENCH summarized that in  2006 sexual assault was added to                                                               
the  list  of  domestic  violence   protective  orders,  but  the                                                               
legislation  didn't  give a  judge  the  authority to  issue  the                                                               
protective order.                                                                                                               
                                                                                                                                
MR. EDWARDS agreed. A literal  reading of the statutes shows that                                                               
to be correct; they don't have jurisdiction.                                                                                    
                                                                                                                                
1:44:54 PM                                                                                                                    
SENATOR MCGUIRE joined the meeting.                                                                                             
                                                                                                                                
CHAIR FRENCH observed  that a victim of a sexual  assault can now                                                               
get  a no-contact  order  from the  judge  handling the  criminal                                                               
case, but not every case goes to criminal court.                                                                                
                                                                                                                                
MR. EDWARDS  said that's right.  The remedy for victims  in cases                                                               
of sexual  assault without  an accompanying  criminal case  is to                                                               
get a  protective order for  sexual assault. That was  the reason                                                               
for creating the 2006 statute.                                                                                                  
                                                                                                                                
CHAIR FRENCH said  he wonders what the system  response should be                                                               
in cases where  a victim asks for a sex  assault protective order                                                               
when there has been no criminal charge filed.                                                                                   
                                                                                                                                
Finding  no  further questions  and  no  testimony, Chair  French                                                               
closed public testimony.                                                                                                        
                                                                                                                                
1:48:02 PM                                                                                                                    
SENATOR MCGUIRE asked if the  sponsor reviewed the statutes to be                                                               
reasonable sure  that sexual  assault is  the only  category that                                                               
should be added to protective orders.                                                                                           
                                                                                                                                
REPRESENTATIVE  HOLMES replied  there  are other  areas that  the                                                               
court may  want to  give magistrates  jurisdiction, but  they are                                                               
not related to protective orders.                                                                                               
                                                                                                                                
SENATOR MCGUIRE  said at the  time she didn't understand  why the                                                               
stalking  statute didn't  include strangers.  Now she  wonders if                                                               
magistrates  should  be allowed  to  issue  protective orders  in                                                               
other cases.                                                                                                                    
                                                                                                                                
MR.  EDWARDS   replied  it  may   be  the  case  that   in  other                                                               
circumstances  judges should  be  empowered  to issue  protective                                                               
orders and not wait until there's been victimization.                                                                           
                                                                                                                                
SENATOR  MCGUIRE  said  it  would be  interesting  to  talk  with                                                               
magistrates to  find out if  there are other  circumstances where                                                               
they would like to have that tool.                                                                                              
                                                                                                                                
1:51:29 PM                                                                                                                    
CHAIR FRENCH pointed  out that there is  some legitimate pushback                                                               
to  protective   orders.  Most   of  the   time  they   are  used                                                               
appropriately, but every now and again they're used otherwise.                                                                  
                                                                                                                                
CHAIR FRENCH held HB 307 in committee.                                                                                          
                                                                                                                                
          SB 194-CIVIL DAMAGES FOR ALCOHOL VIOLATIONS                                                                       
                                                                                                                                
1:52:48 PM                                                                                                                    
CHAIR  FRENCH  announced  the  consideration  of  SB  194.  [CSSB                                                               
194(STA) was before the committee.]                                                                                             
                                                                                                                                
SENATOR  KEVIN MEYER,  Alaska State  Legislature,  sponsor of  SB                                                               
194, said  the bill amends  current statue pertaining  to alcohol                                                               
violations in  three ways. First,  the civil penalty for  a minor                                                               
who  tries to  buy  alcohol using  a fake  ID  is increased  from                                                               
$1,000  to $1,500.  Second, the  civil penalty  for an  adult who                                                               
tries to buy  alcohol for a minor is  similarly increased. Third,                                                               
an educational  component is  added that may  require a  minor to                                                               
pay for  and enroll in  a juvenile alcohol safety  action program                                                               
if available.                                                                                                                   
                                                                                                                                
SENATOR  MEYER said  he first  became involved  in this  issue in                                                               
1997 as  an Anchorage assembly member.  Licensees were frustrated                                                               
when nothing  resulted after they  caught and turned in  kids who                                                               
were  trying to  buy alcohol  using fake  IDs. Because  licensees                                                               
could be fined  or lose their liquor license  for serving minors,                                                               
they wanted something  in place to deter kids from  trying to get                                                               
alcohol.  The program  was so  successful in  Anchorage that  the                                                               
Legislature passed it  into state law in 2001.  Now the licensees                                                               
would like the civil penalty to be increased to $1,500.                                                                         
                                                                                                                                
1:56:32 PM                                                                                                                    
SENATOR MEYER described  SB 194 as a win-win  situation. It helps                                                               
legislators know that minors don't  have access to alcohol and it                                                               
assists  responsible  licensees to  be  proactive  in helping  to                                                               
enforce these laws.                                                                                                             
                                                                                                                                
SENATOR MCGUIRE asked if the  civil action is brought against the                                                               
parent.                                                                                                                         
                                                                                                                                
SENATOR MEYER offered his understanding  that the suit is against                                                               
the minor;  in most instances  the kids  that are using  fake IDs                                                               
are over age 18.                                                                                                                
                                                                                                                                
SENATOR MCGUIRE  asked how many cases  are filed and if  they are                                                               
burdening the courts.                                                                                                           
                                                                                                                                
SENATOR  MEYER related  that Brown  Jug reported  it pursues  3-4                                                               
cases  per week.  Smaller establishments  rely  on CHARR,  Alaska                                                               
Cabaret,  Hotel, Restaurant  and Retailers  Association, to  take                                                               
action on their behalf. He doesn't  know the effect it has on the                                                               
courts.                                                                                                                         
                                                                                                                                
SENATOR  MCGUIRE asked  if he  considered expanding  the bill  to                                                               
include civil action  against a person that is  violating a court                                                               
order prohibiting them from purchasing alcohol.                                                                                 
                                                                                                                                
1:59:18 PM                                                                                                                    
SENATOR MEYER agreed that would work as a deterrent.                                                                            
                                                                                                                                
SENATOR MCGUIRE commented  that the court is  currently trying to                                                               
deal with habitual re-offenders.                                                                                                
                                                                                                                                
SENATOR WIELECHOWSKI stated support for  the idea; it's a problem                                                               
in  his community.  He  asked if  Section 1  and  Section 2  each                                                               
provide a separate $1,500 penalty.                                                                                              
                                                                                                                                
2:00:34 PM                                                                                                                    
CHRISTINE  MARASIGAN, Staff  to Senator  Meyer, replied  they are                                                               
two  separate penalties.  One penalty  deals  with a  minor on  a                                                               
licensed  premises  or trying  to  obtain  access to  a  licensed                                                               
premises. The second  penalty deals with someone age  18 and over                                                               
or an  emancipated minor  who is trying  to purchase  alcohol for                                                               
somebody who is not allowed to have access to alcohol.                                                                          
                                                                                                                                
SENATOR WIELECHOWSKI reviewed Section  1 and posed a hypothetical                                                               
situation.  He asked  if  the  liquor store  would  file for  and                                                               
receive the civil damages.                                                                                                      
                                                                                                                                
SENATOR  MEYER   explained  that   each  establishment   does  it                                                               
differently,  but  often the  licensee  gives  the money  to  the                                                               
employee as an incentive.                                                                                                       
                                                                                                                                
2:02:14 PM                                                                                                                    
SENATOR  WIELECHOWSKI  asked how  many  cases  have been  brought                                                               
under both sections.                                                                                                            
                                                                                                                                
CHAIR FRENCH recalled  good testimony in state  affairs from O.C.                                                               
Madden with Brown Jug about  the number of cases they've brought.                                                               
He noted that Mr. Madden had intended to testify.                                                                               
                                                                                                                                
He pointed  out that Section  1, AS 04.16.049(e) is  about access                                                               
of persons  under age  21 to licensed  premises. AS  04.16.065 is                                                               
about someone over age 21 who  tries to buy for someone under age                                                               
21.                                                                                                                             
                                                                                                                                
CHAIR  FRENCH asked  for information  about the  juvenile alcohol                                                               
safety action program envisioned in Section 4.                                                                                  
                                                                                                                                
2:03:41 PM                                                                                                                    
MS. MARASIGAN explained  that in FY09 $200,000  was available for                                                               
the Division  of Behavioral Health,  Alaska Department  of Health                                                               
and Social  Services (DHSS), to  offer programs in  MatSu, Homer,                                                               
Kotzebue,   Fairbanks,   Juneau,    Kenai,   Kodiak,   Ketchikan,                                                               
Dillingham,  Seward,  and  Anchorage.  The  committee  substitute                                                               
(CS),  makes the  program voluntary  and is  written so  it could                                                               
include other alcohol education or treatment programs.                                                                          
                                                                                                                                
2:06:02 PM                                                                                                                    
SENATOR COGHILL joined the committee.                                                                                           
                                                                                                                                
CHAIR  FRENCH  noted the  memo  from  legislative legal  services                                                               
regarding statutory  references that require correction.  He said                                                               
he  will re-calendar  the bill  when Mr.  Madden is  available to                                                               
testify.                                                                                                                        
                                                                                                                                
CHAIR FRENCH held SB 194 in committee.                                                                                          
                                                                                                                                
CHAIR FRENCH advised  the committee that his  staff, Cindy Smith,                                                               
has arranged  for the  committee to  tour the  Trooper Cybercrime                                                               
Unit in Anchorage on February 26 at 4 p.m.                                                                                      
                                                                                                                                
2:08:25 PM                                                                                                                    
There being  no further  business to  come before  the committee,                                                               
Chair French  adjourned the  Senate Judiciary  Standing Committee                                                               
meeting at 2:08 p.m.                                                                                                            

Document Name Date/Time Subjects
CSSB 194 Sponsor Statement.pdf SJUD 2/10/2010 1:30:00 PM
SB 194
Excerpt from SOA Plan to Reduce & Prevent Underage Drinking Oct 2009.pdf SJUD 2/10/2010 1:30:00 PM
SB 194
Legal Memo 10.20.2009.pdf SJUD 2/10/2010 1:30:00 PM
SB 194
Letter of Support Anchorage CHARR.pdf SJUD 2/10/2010 1:30:00 PM
SB 194