Legislature(2011 - 2012)BELTZ 105 (TSBldg)

04/13/2012 08:00 AM JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 198 POLICE OFFICER PROTECTIONS/CERTIFICATION TELECONFERENCED
Moved CSSB 198(JUD) Out of Committee
+= HB 343 DISCLOSURE OF CHILDREN'S RECORDS TELECONFERENCED
Moved CSHB 343(JUD) am Out of Committee
+ HB 234 PICKETING AND PROTESTS AT FUNERALS TELECONFERENCED
Moved SCS HB 234(STA) Out of Committee
+ HB 255 READING OR TYPING MESSAGE WHILE DRIVING TELECONFERENCED
Moved CSHB 255(JUD) Out of Committee
+ HB 50 ACCESS TO LICENSED PREMISES TELECONFERENCED
Moved CSHB 50(JUD) Out of Committee
+ HB 296 ESCAPE/SERVICE ON PRISONERS/MONITORING TELECONFERENCED
Moved CSHB 296(JUD) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         April 13, 2012                                                                                         
                           9:33 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                              
                                                                                                                                
Senator Hollis French, Chair                                                                                                    
Senator Bill Wielechowski, Vice Chair                                                                                           
Senator Joe Paskvan                                                                                                             
Senator John Coghill                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Lesil McGuire                                                                                                           
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 343(JUD) AM                                                                             
"An Act  relating to disclosure  of records of the  Department of                                                               
Health  and Social  Services pertaining  to  children in  certain                                                               
circumstances; and providing for an effective date."                                                                            
                                                                                                                                
     - MOVED CSHB 343(JUD) AM OUT OF COMMITTEE                                                                                  
                                                                                                                                
SENATE BILL NO. 198                                                                                                             
"An   Act   establishing   procedures   relating   to   issuance,                                                               
suspension, or revocation of certification  of police officers by                                                               
the  police  standards  council;  making  certain  court  service                                                               
officers  subject  to  certification   by  the  police  standards                                                               
council; making confidential  certain information that personally                                                               
identifies a police officer; relating  to requesting or requiring                                                               
police  officers to  submit to  lie detector  tests; repealing  a                                                               
provision exempting  certain police  officers from  a prohibition                                                               
against  requiring certain  employees to  submit to  lie detector                                                               
tests; and providing for an effective date."                                                                                    
                                                                                                                                
     - MOVED CSSB 198(JUD) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 234                                                                                                              
"An Act relating to picketing or protests at a funeral."                                                                        
                                                                                                                                
     - MOVED SCS HB 234(STA) OUT OF COMMITTEE                                                                                   
                                                                                                                                
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 255(JUD)                                                                                
"An   Act  relating   to  screen   devices  in   motor  vehicles;                                                               
prohibiting the driver of a  motor vehicle from reading or typing                                                               
a text  message or other  nonvoice message or communication  on a                                                               
cellular telephone,  computer, or  personal data  assistant while                                                               
driving a motor vehicle; and providing for an effective date."                                                                  
                                                                                                                                
     - MOVED CSHB 255(JUD) OUT OF COMMITTEE                                                                                     
                                                                                                                                
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 50(JUD)                                                                                 
"An  Act relating  to the  purchase of  alcoholic beverages  at a                                                               
club and to access by certain persons  under 21 years of age to a                                                               
club's licensed premises when alcoholic beverages are present."                                                                 
                                                                                                                                
     - MOVED CSHB 50(JUD) OUT OF COMMITTEE                                                                                      
                                                                                                                                
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 296(JUD)                                                                                
"An Act relating to service  of process on prisoners; relating to                                                               
the crime of escape; deleting  the repeal of a provision relating                                                               
to electronic monitoring as a  special condition of probation and                                                               
parole  for offenders  whose offense  was related  to a  criminal                                                               
street gang;  amending Rule 4,  Alaska Rules of  Civil Procedure;                                                               
and providing for an effective date."                                                                                           
                                                                                                                                
     - MOVED CSHB 296(JUD) OUT OF COMMITTEE                                                                                     
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 343                                                                                                                  
SHORT TITLE: DISCLOSURE OF CHILDREN'S RECORDS                                                                                   
SPONSOR(s): REPRESENTATIVE(s) MUNOZ                                                                                             
                                                                                                                                
02/22/12       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/22/12       (H)       HSS, JUD                                                                                               
03/15/12       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
03/15/12       (H)       Moved CSHB 343(HSS) Out of Committee                                                                   
03/15/12       (H)       MINUTE(HSS)                                                                                            
03/16/12       (H)       HSS RPT CS(HSS) 3DP 3NR                                                                                
03/16/12       (H)       DP: SEATON, MILLER, KERTTULA                                                                           
03/16/12       (H)       NR: MILLETT, HERRON, KELLER                                                                            
03/26/12       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/26/12       (H)       Heard & Held                                                                                           
03/26/12       (H)       MINUTE(JUD)                                                                                            
03/28/12       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/28/12       (H)       Moved CSHB 343(JUD) Out of Committee                                                                   
03/28/12       (H)       MINUTE(JUD)                                                                                            
03/30/12       (H)       JUD RPT CS(JUD) 4DP 1NR 1AM                                                                            
03/30/12       (H)       DP: GRUENBERG, KELLER, PRUITT, THOMPSON                                                                
03/30/12       (H)       NR: LYNN                                                                                               
03/30/12       (H)       AM: HOLMES                                                                                             
04/06/12       (H)       TRANSMITTED TO (S)                                                                                     
04/06/12       (H)       VERSION: CSHB 343(JUD) AM                                                                              
04/07/12       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/07/12       (S)       JUD                                                                                                    
04/11/12       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/11/12       (S)       Heard & Held                                                                                           
04/11/12       (S)       MINUTE(JUD)                                                                                            
04/13/12       (S)       JUD AT 8:00 AM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: SB 198                                                                                                                  
SHORT TITLE: POLICE OFFICER PROTECTIONS/CERTIFICATION                                                                           
SPONSOR(s): STATE AFFAIRS                                                                                                       
                                                                                                                                
02/17/12       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/17/12       (S)       STA, JUD                                                                                               
03/01/12       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
03/01/12       (S)       Heard & Held                                                                                           
03/01/12       (S)       MINUTE(STA)                                                                                            
03/06/12       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
03/06/12       (S)       Moved CSSB 198(STA) Out of Committee                                                                   
03/06/12       (S)       MINUTE(STA)                                                                                            
03/07/12       (S)       STA RPT CS  1DP 2NR 1AM     NEW TITLE                                                                  
03/07/12       (S)       DP: WIELECHOWSKI                                                                                       
03/07/12       (S)       NR: MEYER, GIESSEL                                                                                     
03/07/12       (S)       AM: PASKVAN                                                                                            
03/19/12       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/19/12       (S)       Heard & Held                                                                                           
03/19/12       (S)       MINUTE(JUD)                                                                                            
03/21/12       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/21/12       (S)       Heard & Held                                                                                           
03/21/12       (S)       MINUTE(JUD)                                                                                            
03/26/12       (S)       JUD AT 2:00 PM BELTZ 105 (TSBldg)                                                                      
03/26/12       (S)       Heard & Held                                                                                           
03/26/12       (S)       MINUTE(JUD)                                                                                            
03/28/12       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/28/12       (S)       Scheduled But Not Heard                                                                                
03/30/12       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/30/12       (S)       Scheduled But Not Heard                                                                                
04/02/12       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/02/12       (S)       Scheduled But Not Heard                                                                                
04/13/12       (S)       JUD AT 8:00 AM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: HB 234                                                                                                                  
SHORT TITLE: PICKETING AND PROTESTS AT FUNERALS                                                                                 
SPONSOR(s): THOMAS                                                                                                              
                                                                                                                                
04/09/11       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/09/11       (H)       MLV, JUD                                                                                               
02/09/12       (H)       MLV AT 1:00 PM CAPITOL 120                                                                             
02/09/12       (H)       Moved Out of Committee                                                                                 
02/09/12       (H)       MINUTE(MLV)                                                                                            
02/10/12       (H)       MLV RPT 4DP 1NR 2AM                                                                                    
02/10/12       (H)       DP: GATTO, LYNN, THOMPSON, SADDLER                                                                     
02/10/12       (H)       NR: AUSTERMAN                                                                                          
02/10/12       (H)       AM: MILLER, CISSNA                                                                                     
02/20/12       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/20/12       (H)       Moved Out of Committee                                                                                 
02/20/12       (H)       MINUTE(JUD)                                                                                            
02/22/12       (H)       JUD RPT 5DP 2NR                                                                                        
02/22/12       (H)       DP: LYNN, KELLER, THOMPSON, PRUITT,                                                                    
                         GATTO                                                                                                  
02/22/12       (H)       NR: GRUENBERG, HOLMES                                                                                  
03/06/12       (H)       TRANSMITTED TO (S)                                                                                     
03/06/12       (H)       VERSION: HB 234                                                                                        
03/12/12       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/12/12       (S)       STA, JUD                                                                                               
04/05/12       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
04/05/12       (S)       Heard & Held                                                                                           
04/05/12       (S)       MINUTE(STA)                                                                                            
04/10/12       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
04/10/12       (S)       Scheduled But Not Heard                                                                                
04/11/12       (S)       STA RPT SCS 4DP 1NR     NEW TITLE                                                                      
04/11/12       (S)       DP: WIELECHOWSKI, KOOKESH, GIESSEL,                                                                    
                         MEYER                                                                                                  
04/11/12       (S)       NR: PASKVAN                                                                                            
04/11/12       (S)       STA AT 9:00 AM BELTZ 105 (TSBldg)                                                                      
04/11/12       (S)       Moved   SCS   CSHB   234(STA)   Out   of                                                               
                         Committee                                                                                              
04/11/12       (S)       MINUTE(STA)                                                                                            
04/13/12       (S)       JUD AT 8:00 AM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: HB 255                                                                                                                  
SHORT TITLE: READING OR TYPING MESSAGE  WHILE DRIVING                                                                           
SPONSOR(s): GARA, THOMAS, GATTO, P.WILSON, GRUENBERG, TUCK                                                                      
                                                                                                                                
01/17/12       (H)       PREFILE RELEASED 1/6/12                                                                                
01/17/12       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/17/12       (H)       TRA, JUD, FIN                                                                                          
01/26/12       (H)       TRA AT 1:00 PM CAPITOL 17                                                                              
01/26/12       (H)       Moved Out of Committee                                                                                 
01/26/12       (H)       MINUTE(TRA)                                                                                            
01/27/12       (H)       TRA RPT 5DP                                                                                            
01/27/12       (H)       DP: FEIGE, PRUITT, PETERSEN, GRUENBERG,                                                                
                         P.WILSON                                                                                               
02/08/12       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/08/12       (H)       Heard & Held                                                                                           
02/08/12       (H)       MINUTE(JUD)                                                                                            
02/10/12       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/10/12       (H)       Moved CSHB 255(JUD) Out of Committee                                                                   
02/10/12       (H)       MINUTE(JUD)                                                                                            
02/13/12       (H)       JUD RPT CS(JUD) NT 4DP 1DNP 1NR                                                                        
02/13/12       (H)       DP: GRUENBERG, HOLMES, PRUITT, GATTO                                                                   
02/13/12       (H)       DNP: KELLER                                                                                            
02/13/12       (H)       NR: LYNN                                                                                               
04/04/12       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
04/04/12       (H)       Moved CSHB 255(JUD) Out of Committee                                                                   
04/04/12       (H)       MINUTE(FIN)                                                                                            
04/05/12       (H)       FIN RPT CS(JUD) NT 6DP 2NR                                                                             
04/05/12       (H)       DP: FAIRCLOUGH, GARA, DOOGAN, EDGMON,                                                                  
                        COSTELLO, THOMAS                                                                                        
04/05/12       (H)       NR: T.WILSON, STOLTZE                                                                                  
04/10/12       (H)       TRANSMITTED TO (S)                                                                                     
04/10/12       (H)       VERSION: CSHB 255(JUD)                                                                                 
04/11/12       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/11/12       (S)       JUD                                                                                                    
04/13/12       (S)       JUD AT 8:00 AM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: HB  50                                                                                                                  
SHORT TITLE: ACCESS TO LICENSED PREMISES                                                                                        
SPONSOR(s): SADDLER                                                                                                             
                                                                                                                                
01/18/11       (H)       PREFILE RELEASED 1/7/11                                                                                
01/18/11       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/18/11       (H)       L&C, JUD                                                                                               
04/04/11       (H)       L&C AT 3:15 PM BARNES 124                                                                              
04/04/11       (H)       Moved Out of Committee                                                                                 
04/04/11       (H)       MINUTE(L&C)                                                                                            
04/05/11       (H)       L&C RPT 5DP 2NR                                                                                        
04/05/11       (H)       DP:    CHENAULT,   THOMPSON,    SADDLER,                                                               
                         JOHNSON, OLSON                                                                                         
04/05/11       (H)       NR: HOLMES, MILLER                                                                                     
03/14/12       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/14/12       (H)       Heard & Held                                                                                           
03/14/12       (H)       MINUTE(JUD)                                                                                            
03/16/12       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/16/12       (H)       Moved CSHB  50(JUD) Out of Committee                                                                   
03/16/12       (H)       MINUTE(JUD)                                                                                            
03/21/12       (H)       JUD RPT CS(JUD) 6DP                                                                                    
03/21/12       (H)       DP: LYNN, GRUENBERG, KELLER, PRUITT,                                                                   
                        THOMPSON, GATTO                                                                                         
04/05/12       (H)       TRANSMITTED TO (S)                                                                                     
04/05/12       (H)       VERSION: CSHB 50(JUD)                                                                                  
04/06/12       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/06/12       (S)       L&C, JUD                                                                                               
04/10/12       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/10/12       (S)       Moved HB  50 Out of Committee                                                                          
04/10/12       (S)       MINUTE(L&C)                                                                                            
04/11/12       (S)       L&C RPT 4DP 1NR                                                                                        
04/11/12       (S)       DP: EGAN, GIESSEL, PASKVAN, MENARD                                                                     
04/11/12       (S)       NR: DAVIS                                                                                              
04/13/12       (S)       JUD AT 8:00 AM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: HB 296                                                                                                                  
SHORT TITLE: ESCAPE/SERVICE ON PRISONERS/MONITORING                                                                             
SPONSOR(s): JUDICIARY                                                                                                           
                                                                                                                                
01/25/12       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/25/12       (H)       JUD, FIN                                                                                               
02/01/12       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/01/12       (H)       Heard & Held                                                                                           
02/01/12       (H)       MINUTE(JUD)                                                                                            
02/10/12       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/10/12       (H)       Heard & Held                                                                                           
02/10/12       (H)       MINUTE(JUD)                                                                                            
02/13/12       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/13/12       (H)       Scheduled But Not Heard                                                                                
02/15/12       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/15/12       (H)       Moved CSHB 296(JUD) Out of Committee                                                                   
02/15/12       (H)       MINUTE(JUD)                                                                                            
02/17/12       (H)       JUD RPT CS(JUD) NT 4DP 1NR                                                                             
02/17/12       (H)       DP: LYNN, GRUENBERG, THOMPSON, GATTO                                                                   
02/17/12       (H)       NR: KELLER                                                                                             
03/21/12       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
03/21/12       (H)       Scheduled But Not Heard                                                                                
03/30/12       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
03/30/12       (H)       Heard & Held                                                                                           
03/30/12       (H)       MINUTE(FIN)                                                                                            
04/03/12       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
04/03/12       (H)       Moved CSHB 296(JUD) Out of Committee                                                                   
04/03/12       (H)       MINUTE(FIN)                                                                                            
04/04/12       (H)       FIN RPT CS(JUD) NT 4DP 5NR                                                                             
04/04/12       (H)       DP:   FAIRCLOUGH,    GARA,   GUTTENBERG,                                                               
                         DOOGAN                                                                                                 
04/04/12       (H)       NR: T.WILSON, NEUMAN, COSTELLO, EDGMON,                                                                
                         STOLTZE                                                                                                
04/10/12       (H)       TRANSMITTED TO (S)                                                                                     
04/10/12       (H)       VERSION: CSHB 296(JUD)                                                                                 
04/11/12       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/11/12       (S)       JUD                                                                                                    
04/13/12       (S)       JUD AT 8:00 AM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
THOMAS PRESLEY, Intern                                                                                                          
Senator Bill Wielechowski                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, AK                                                                                                                      
POSITION STATEMENT: Explained the CS for SB 198 on behalf of the                                                              
sponsor.                                                                                                                        
                                                                                                                                
KACI SHROEDER, Staff                                                                                                            
Representative Bill Thomas Jr.                                                                                                  
Alaska State Legislature                                                                                                        
Juneau, AK                                                                                                                      
POSITION STATEMENT: Introduced HB 234 on behalf of the sponsor.                                                               
                                                                                                                                
JEFFREY MITTMAN, Director                                                                                                       
ACLU of Alaska                                                                                                                  
Anchorage, AK                                                                                                                   
POSITION STATEMENT: Raised constitutional issues with HB 234.                                                                 
                                                                                                                                
ANNE CARPENETI, Assistant Attorney General                                                                                      
Criminal Division                                                                                                               
Department of Law (DOL)                                                                                                         
POSITION STATEMENT: Introduced HB 296 on behalf of the sponsor,                                                               
the House Judiciary Committee.                                                                                                  
                                                                                                                                
CARMEN GUTIERREZ, Deputy Commissioner                                                                                           
Department of Corrections (DOC)                                                                                                 
Anchorage, AK                                                                                                                   
POSITION STATEMENT: Answered questions related to HB 296.                                                                     
                                                                                                                                
DOUGLAS MOODY, Attorney                                                                                                         
Public Defender Agency                                                                                                          
Department of Administration (DOA)                                                                                              
Anchorage, AK                                                                                                                   
POSITION STATEMENT: Testified that HB 296 aligns the statutes                                                                 
with the decision in Bridge v. State.                                                                                         
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
9:33:05 AM                                                                                                                    
CHAIR HOLLIS FRENCH called the Senate Judiciary Standing                                                                      
Committee meeting to order at 9:33 a.m. Present at the call to                                                                  
order  were Senators  Coghill, Paskvan,  Wielechowski, and  Chair                                                               
French.                                                                                                                         
                                                                                                                                
            HB 343-DISCLOSURE OF CHILDREN'S RECORDS                                                                         
                                                                                                                                
9:33:28 AM                                                                                                                    
CHAIR  FRENCH announced  the  consideration of  HB  343, "An  Act                                                               
relating to  disclosure of  records of  the Department  of Health                                                               
and   Social  Services   pertaining   to   children  in   certain                                                               
circumstances;  and providing  for an  effective date."  The bill                                                               
was heard previously  and public testimony was  taken. Finding no                                                               
further questions or discussion, he asked for a motion.                                                                         
                                                                                                                                
9:33:48 AM                                                                                                                    
SENATOR WIELECHOWSKI moved to report  CS for HB 343, version I.A,                                                               
from  committee  with  individual  recommendations  and  attached                                                               
fiscal note(s).                                                                                                                 
                                                                                                                                
9:34:04 AM                                                                                                                    
CHAIR  FRENCH announced  that without  objection CSHB  343(JUD)am                                                               
moved from the Senate Judiciary Standing Committee.                                                                             
                                                                                                                                
        SB 198-POLICE OFFICER PROTECTIONS/CERTIFICATION                                                                     
                                                                                                                                
9:34:15 AM                                                                                                                    
CHAIR  FRENCH announced  the  consideration of  SB  198, "An  Act                                                               
establishing  procedures  relating  to issuance,  suspension,  or                                                               
revocation  of certification  of  police officers  by the  police                                                               
standards council; making certain  court service officers subject                                                               
to  certification   by  the  police  standards   council;  making                                                               
confidential  certain information  that  personally identifies  a                                                               
police  officer;  relating  to  requesting  or  requiring  police                                                               
officers to submit  to lie detector tests;  repealing a provision                                                               
exempting  certain police  officers  from  a prohibition  against                                                               
requiring certain employees to submit  to lie detector tests; and                                                               
providing for an effective date." He  asked for a motion to adopt                                                               
the proposed committee substitute (CS).                                                                                         
                                                                                                                                
9:34:20 AM                                                                                                                    
SENATOR WIELECHOWSKI  moved to adopt  CS for SB 198,  labeled 27-                                                               
LS1306\U, as the working document.                                                                                              
                                                                                                                                
CHAIR  FRENCH announced  that without  objection,  version U  was                                                               
before the committee.                                                                                                           
                                                                                                                                
9:34:56 AM                                                                                                                    
THOMAS PRESLEY,  intern to  Senator Wielechowski,  explained that                                                               
the  CS  removed  Section  2 relating  to  clear  and  convincing                                                               
evidence.                                                                                                                       
                                                                                                                                
CHAIR  FRENCH reviewed  a  letter from  the  ACLU that  expressed                                                               
three  concerns. The  primary concern  was addressed  by removing                                                               
Section  2.  Another  concern   related  to  the  confidentiality                                                               
provision  in  what  is  now Section  5.  As  currently  drafted,                                                               
confidentiality is so  tight a police officer who is  a bad actor                                                               
would be  insulated from accountability  for his or  her actions.                                                               
For  example, a  woman who  was  assaulted by  an unknown  police                                                               
officer would  be unable  to even  look at a  photo array  of the                                                               
officers on duty when she was assaulted.                                                                                        
                                                                                                                                
He directed attention to page 3,  lines 18 and 20. Both paragraph                                                               
(1) and  (2) say a  police officer's information  is confidential                                                               
unless  the  officer has  been  lawfully  arrested. He  suggested                                                               
removing  the terms  "lawfully arrested"  in  both instances  and                                                               
replace it with the terms "under investigation."                                                                                
                                                                                                                                
SENATOR WIELECHOWSKI agreed that was reasonable.                                                                                
                                                                                                                                
9:36:50 AM                                                                                                                    
CHAIR FRENCH moved Amendment 1.                                                                                                 
                                                                                                                                
                          AMENDMENT 1                                                                                       
                                                                                                                                
     Page 3, line 18:                                                                                                           
          Delete "lawfully arrested"                                                                                            
          Insert "under investigation"                                                                                          
                                                                                                                                
     Page 3, line 20:                                                                                                           
          Delete "lawfully arrested"                                                                                            
          Insert "under investigation"                                                                                          
                                                                                                                                
CHAIR  FRENCH  found  objection  and  announced  Amendment  1  is                                                               
adopted.                                                                                                                        
                                                                                                                                
He noted  that the ACLU  also expressed concern about  the weight                                                               
given to prior findings  of fact, but his view was  that it was a                                                               
nuanced issue about which reasonable minds could differ.                                                                        
                                                                                                                                
SENATOR  WIELECHOWSKI  explained  that  the intent  was  to  give                                                               
substantial weight  to the finding  when the arbitrators  and the                                                               
courts find that a disciplinary action was not warranted.                                                                       
                                                                                                                                
SENATOR COGHILL  expressed reservations and asked  the sponsor to                                                               
remind him why  it was the right  thing to do to  give an officer                                                               
the ability to refuse to take a lie detector test.                                                                              
                                                                                                                                
SENATOR WIELECHOWSKI  explained that the basis  for the exclusion                                                               
is that several court cases  questioned the validity of polygraph                                                               
tests.                                                                                                                          
                                                                                                                                
MR. PRESLEY added that at one  point the Supreme Court decided to                                                               
allow individual jurisdictions to use  their discretion on how to                                                               
use polygraph  information. This gave  credence to the  idea that                                                               
the tests  were not necessarily unreliable,  but certainly quasi-                                                               
scientific.                                                                                                                     
                                                                                                                                
SENATOR  COGHILL  said he  continued  to  have reservations,  but                                                               
realized that a refusal could actually be incriminating.                                                                        
                                                                                                                                
CHAIR FRENCH found  no further questions or  discussion and asked                                                               
for a motion.                                                                                                                   
                                                                                                                                
9:40:58 AM                                                                                                                    
SENATOR WIELECHOWSKI  moved to  report CS for  SB 198,  version U                                                               
[as amended], from committee  with individual recommendations and                                                               
attached fiscal note(s).                                                                                                        
                                                                                                                                
CHAIR  FRENCH  announced  that without  objection  CSSB  198(JUD)                                                               
moved from the Senate Judiciary Standing Committee.                                                                             
                                                                                                                                
9:41:15 AM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
           HB 234-PICKETING AND PROTESTS AT FUNERALS                                                                        
                                                                                                                                
9:42:55 AM                                                                                                                    
CHAIR  FRENCH announced  the  consideration of  HB  234, "An  Act                                                               
relating to picketing  or protests at a funeral." He  asked for a                                                               
motion to bring the bill before the committee.                                                                                  
                                                                                                                                
SENATOR  WIELECHOWSKI  motioned  to   bring  HB  234  before  the                                                               
committee.                                                                                                                      
                                                                                                                                
9:43:24 AM                                                                                                                    
KACI SHROEDER,  staff to Representative Bill  Thomas Jr., sponsor                                                               
of  HB 234,  introduced  HB 234  on behalf  of  the sponsor.  She                                                               
stated that  in the last several  years it has become  popular to                                                               
use  funerals as  a  means of  expressing  political speech.  The                                                               
sponsor believes it  is necessary to balance that  right with the                                                               
right of a  family to grieve without disruption.  This will bring                                                               
Alaska in  line with forty  six states that have  adopted similar                                                               
legislation  by  establishing a  150-foot  buffer  zone around  a                                                               
funeral service.                                                                                                                
                                                                                                                                
A  person  commits  the  crime  of  disorderly  conduct  if  they                                                               
knowingly picket with reckless disregard  that it occurs inside a                                                               
cemetery,  church or  other facility  or within  150 feet  of the                                                               
outer  boundary  of that  facility.  In  addition, the  picketing                                                               
cannot  occur  an hour  before,  during,  or after  the  funeral.                                                               
Picketing means  an act  that actually  disrupts or  disturbs the                                                               
funeral.                                                                                                                        
                                                                                                                                
9:44:43 AM                                                                                                                    
JEFFREY  MITTMAN,   Director,  ACLU   of  Alaska,  said   he  was                                                               
testifying on HB  234 to highlight its  constitutional issues. He                                                               
noted  that he  submitted written  testimony. He  said the  first                                                               
concern  is  that  the  current  draft  targets  speech  that  is                                                               
"directed towards a  funeral," which is not content  neutral.  He                                                               
suggested  revising the  phrase to  say "conduct  that interferes                                                               
with  a funeral."  This  would cover  noise that  is  so loud  it                                                               
disrupts the  occasion and conduct  that is  so close by  that it                                                               
interferes  with ingress  and egress.  He suggested  crafting the                                                               
bill more narrowly to outlaw the worst conduct.                                                                                 
                                                                                                                                
9:46:39 AM                                                                                                                    
CHAIR FRENCH asked if under  his proposal, mourners would be able                                                               
to hear the voices of the protesters.                                                                                           
                                                                                                                                
MR.  MITTMAN  replied  they  would   potentially  be  exposed  to                                                               
fleeting noise  that was not  excessively loud when  entering and                                                               
leaving. That  would probably be  permissible as the  courts give                                                               
more leeway to protecting speech in the public sphere.                                                                          
                                                                                                                                
9:47:58 AM                                                                                                                    
CHAIR FRENCH  asked if mourners at  a graveside would be  able to                                                               
hear the voices  of the protesters while the  funeral service was                                                               
being conducted.                                                                                                                
                                                                                                                                
MR. MITTMAN said disrupting a  graveside service would be covered                                                               
because the conduct - the level  of noise - was interfering. That                                                               
would be a reasonable time, place, and manner restriction.                                                                      
                                                                                                                                
9:48:51 AM                                                                                                                    
CHAIR  FRENCH  closed  public testimony  and  delivered  a  short                                                               
speech  on the  First Amendment.  He said  despite the  black and                                                               
white  language in  the constitution,  most  people realize  they                                                               
have to  make some  accommodation in  the world.  Holding someone                                                               
responsible  for  yelling  "fire"  in a  crowded  theatre  is  an                                                               
example of such  an accommodation; most people  recognize that as                                                               
wrong. He opined  that HB 234 makes a very  fair accommodation in                                                               
the world.                                                                                                                      
                                                                                                                                
SENATOR COGHILL asked if the 150-foot buffer was defensible.                                                                    
                                                                                                                                
MS. SCHROEDER said it falls within  the boundary of what has been                                                               
held  constitutional  in  other   states,  and  would  allow  the                                                               
picketers to deliver their message.                                                                                             
                                                                                                                                
CHAIR FRENCH  reviewed the March  10, 2011 memo  from Legislative                                                               
Legal  that points  out that  Chief Justice  Roberts of  the U.S.                                                               
Supreme  Court has,  where  a law  was  content neutral,  allowed                                                               
time,  place, and  manner restrictions  and regulation  of public                                                               
speech. The  memo also points out  that a state court  rejected a                                                               
300-foot buffer zone for picketing  and approved a 36-foot buffer                                                               
zone.                                                                                                                           
                                                                                                                                
9:52:55 AM                                                                                                                    
SENATOR  COGHILL  noted  that  the  bill  amends  the  disorderly                                                               
conduct statute, and asked if the action was the content.                                                                       
                                                                                                                                
CHAIR FRENCH replied the bill says picketing is content neutral.                                                                
                                                                                                                                
SENATOR COGHILL asked  if it wouldn't fall out  to the disorderly                                                               
part of the conduct rather than the picketing specifically.                                                                     
                                                                                                                                
CHAIR FRENCH  opined that  the best parallel  in this  statute is                                                               
paragraph (5)  on page  2, lines  22-23. It's  very close  to the                                                               
fighting  words  doctrine,  which  is  saying  hateful  words  to                                                               
someone's face and provoking a fight.                                                                                           
                                                                                                                                
9:54:25 AM                                                                                                                    
SENATOR WIELECHOWSKI  moved to report  the Senate CS for  HB 234,                                                               
version  T, from  committee with  individual recommendations  and                                                               
attached fiscal note(s).                                                                                                        
                                                                                                                                
CHAIR  FRENCH announced  that without  objection SCS  HB 234(STA)                                                               
moved from the Senate Judiciary Standing Committee.                                                                             
                                                                                                                                
At ease from 9:54 a.m. to 9:55 a.m.                                                                                             
                                                                                                                                
         HB 255-READING OR TYPING MESSAGE WHILE DRIVING                                                                     
                                                                                                                                
9:55:37 AM                                                                                                                    
CHAIR  FRENCH announced  the  consideration of  HB  255, "An  Act                                                               
relating  to screen  devices in  motor vehicles;  prohibiting the                                                               
driver of a  motor vehicle from reading or typing  a text message                                                               
or  other  nonvoice  message  or   communication  on  a  cellular                                                               
telephone, computer,  or personal data assistant  while driving a                                                               
motor vehicle;  and providing  for an  effective date."  He asked                                                               
for a motion to bring the bill before the committee.                                                                            
                                                                                                                                
SENATOR  WIELECHOWSKI  motioned  to   bring  HB  255  before  the                                                               
committee.                                                                                                                      
                                                                                                                                
9:56:05 AM                                                                                                                    
REPRESENTATIVE LES GARA,  sponsor of HB 255, stated  that in 2008                                                               
the  Legislature  passed a  bill  that  was thought  to  prohibit                                                               
texting while driving.  However, in the last  year several judges                                                               
have  said the  bill wasn't  written with  enough specificity  to                                                               
include texting. HB 255 fixes  the problem by reinstating the ban                                                               
on  texting,   and  extending  it   to  include   other  nonvoice                                                               
communication devices that may come along as technology evolves.                                                                
                                                                                                                                
The six  co-sponsors believe  it is important  to have  a texting                                                               
law on the books because  texting while driving is more dangerous                                                               
than  any other  type of  cellphone conduct.  Information in  the                                                               
packet shows  that a driver who  texts a 4.6 second  message will                                                               
travel the  length of a  football field without  paying attention                                                               
to the road. A car and  driver study indicates that texting while                                                               
driving is  more dangerous than  drunk driving. According  to the                                                               
National  Conference  of  State  Legislatures, a  driver  who  is                                                               
texting  is  20 times  more  likely  to  cause  a crash  or  near                                                               
collision compared to times when  that driver is not texting. The                                                               
AAA Foundation  on Traffic Safety  found that while  one-third of                                                               
people  text  while  they  drive,   ninety-four  percent  of  the                                                               
respondents said  they recognize  that texting is  dangerous. The                                                               
public  recognizes  this  behavior   is  dangerous  and  supports                                                               
regulation, he said. He  described two texting-related accidents;                                                               
one was in Fairbanks and the other in Anchorage.                                                                                
                                                                                                                                
A  person  who  violates  this  law   is  guilty  of  a  class  A                                                               
misdemeanor, although drivers with  a clean record have generally                                                               
been sentenced  to community service  or a fine rather  than jail                                                               
time. However,  a driver  who was texting  and driving  drunk was                                                               
sentenced to the mandatory three  days in jail for drunk driving.                                                               
Another  person failed  to  appear  in court  two  times and  was                                                               
sentenced to one  day in jail. The original bill  provided that a                                                               
person who violates this law  and causes injury to another person                                                               
is guilty of  the next level of crime. The  reasoning was that it                                                               
is close to  premeditated for a driver to enter  a car knowing he                                                               
or she will  engage in dangerous behavior. HB  255 maintains that                                                               
sentencing scheme.                                                                                                              
                                                                                                                                
The  original  bill  made  an   accommodation  for  personnel  in                                                               
emergency vehicles  to use display  devices that are  attached to                                                               
the  dashboard.   To  accommodate  the  prevalence   of  wireless                                                               
devices,  that  provision was  amended  to  clarify that  police,                                                               
fire,  or emergency  medical personnel  may use  a screen  device                                                               
that  is attached  or not  "if the  user reasonably  believes the                                                               
information on  the device is  necessary to respond to  a health,                                                               
safety, or criminal matter."                                                                                                    
                                                                                                                                
REPRESENTATIVE GARA  said the only  criticism he's heard  is that                                                               
there  are other  behaviors that  distract  drivers like  eating,                                                               
drinking coffee  or yelling at the  kids. He said he  didn't know                                                               
how to write a law to say when  it is and is not okay to do those                                                               
things, but he  did know how to  write a law that  says you can't                                                               
text while driving. He noted  that the founder of Mothers Against                                                               
Drunk Driving (MADD)  has taken on texting and  cellphones as her                                                               
new issue.  He said  it's not possible  to address  cellphone use                                                               
this session due to diverging  opinions among legislators, but it                                                               
is possible to  address texting because people can  agree that it                                                               
is dangerous.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  GARA   said  he's  been  asked   why  this  isn't                                                               
prosecuted  under the  negligent  driving  or distracted  driving                                                               
statutes,  and the  answer relates  to the  statistic that  shows                                                               
that one-third of  drivers text while driving.  Those people will                                                               
be on  the jury, which  would make it  very difficult to  get the                                                               
unanimity needed for a conviction.  If the jury instruction says,                                                               
"Was the  person texting  while driving?" the  jury will  have to                                                               
answer  yes and  the defendant  will be  convicted. He  concluded                                                               
that a texting law is needed and most states already have one.                                                                  
                                                                                                                                
10:05:43 AM                                                                                                                   
SENATOR WIELECHOWSKI reviewed the language  in Section 2, page 1,                                                               
line  14 through  page  2,  line 2,  and  observed  that the  new                                                               
language   appears  to   include  not   only  texting   but  also                                                               
communicating while a screen device is operating.                                                                               
                                                                                                                                
REPRESENTATIVE GARA  clarified that  was the  name of  the crime,                                                               
not the elements. The elements of  the crime are on page 2, lines                                                               
3-11. Paragraph  (1) is  the existing  statute and  paragraph (2)                                                               
contains the new language. He  noted that the word "computer" was                                                               
inserted  because  the  Chair reported  an  incident  of  someone                                                               
typing on a laptop while driving.                                                                                               
                                                                                                                                
CHAIR  FRENCH recounted  the  incident and  said,  "I flipped  my                                                               
lid."                                                                                                                           
                                                                                                                                
REPRESENTATIVE GARA read the new language in paragraph (2).                                                                     
                                                                                                                                
     (2) the person  is reading or typing a  text message or                                                                  
     other nonvoice  message or communication on  a cellular                                                                    
     telephone,  personal data  assistant, computer,  or any                                                                    
     other  similar  means  capable of  providing  a  visual                                                                    
     display that is  in the view of the driver  in a normal                                                                    
     driving  position while  the vehicle  is in  motion and                                                                    
     while the person is driving.                                                                                               
                                                                                                                                
SENATOR WIELECHOWSKI asked if surfing  the Internet while driving                                                               
would be a crime under this language.                                                                                           
                                                                                                                                
REPRESENTATIVE GARA said  yes; to surf the Internet  a person has                                                               
to push the keys and that is typing.                                                                                            
                                                                                                                                
SENATOR  WIELECHOWSKI  continued  to  question  whether  the  new                                                               
language would cover surfing the Internet.                                                                                      
                                                                                                                                
REPRESENTATIVE GARA responded that the person is reading.                                                                       
                                                                                                                                
SENATOR WIELECHOWSKI  asked if reading applies  to text messaging                                                               
only.                                                                                                                           
                                                                                                                                
REPRESENTATIVE  GARA  said reading  applies  to  anything on  the                                                               
computer  or personal  data device.  "We don't  want you  reading                                                               
while you're driving," he said.                                                                                                 
                                                                                                                                
SENATOR WIELECHOWSKI  said he wasn't  disagreeing, but  he didn't                                                               
necessarily interpret  the language that  way. "It'll be  good to                                                               
get  some  language on  the  record  about what  we're  outlawing                                                               
here," he said.                                                                                                                 
                                                                                                                                
REPRESENTATIVE GARA said reading is  probably well covered in the                                                               
first section,  which is current  law, but it's also  intended to                                                               
be  covered in  the new  section. "It's  just reading  a text  or                                                               
other nonvoice  message or communication  and that's  what you're                                                               
doing when you're surfing the net."                                                                                             
                                                                                                                                
10:09:19 AM                                                                                                                   
SENATOR WIELECHOWSKI  posed a hypothetical situation  of a driver                                                               
getting lost and typing an address into map quest.                                                                              
                                                                                                                                
REPRESENTATIVE GARA said  that would be fine, and  added that the                                                               
original bill included a list of exceptions.                                                                                    
                                                                                                                                
SENATOR WIELECHOWSKI again asked about typing in an address.                                                                    
                                                                                                                                
REPRESENTATIVE  GARA said  it does  not apply  to equipment  that                                                               
displays navigational or global positioning  or maps. It would be                                                               
okay to type in an address on an iPhone.                                                                                        
                                                                                                                                
SENATOR  WIELECHOWSKI  asked  about  looking   up  a  name  on  a                                                               
cellphone.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  GARA  said  that's  fine  and  even  unlocking  a                                                               
cellphone is  acceptable. He directed  attention to page  2, line                                                               
18. "It  is not a  crime if  you're using your  portable cellular                                                               
telephones  or  personal data  assistants  being  used for  voice                                                               
communication..." He  opined that  typing in  the code  and phone                                                               
number is for  a voice communication, and all  forms of cellphone                                                               
talking  is  exempt  with  the  understanding  that  other  bills                                                               
address that issue.                                                                                                             
                                                                                                                                
CHAIR FRENCH  noted that Lieutenant  Dial with the  Department of                                                               
Public  Safety and  Doug Moody  with the  Public Defender  Agency                                                               
were available to answer questions.                                                                                             
                                                                                                                                
SENATOR PASKVAN  warned that it  may not be  a crime to  drive 60                                                               
miles an  hour and look  at a navigational or  global positioning                                                               
device, but a  person will be held responsible if  he or she does                                                               
that and  hurts someone. There's  a clear distinction  between it                                                               
not  being a  crime  and the  responsibility  for reasonable  and                                                               
acceptable conduct while driving, he stated.                                                                                    
                                                                                                                                
REPRESENTATIVE GARA agreed  that a person would  still fall under                                                               
the negligent and  reckless driving statutes for  reckless use of                                                               
those exceptions.                                                                                                               
                                                                                                                                
CHAIR FRENCH confirmed that reckless  driving is still a crime in                                                               
Alaska  and noted  that he  was  reviewing the  elements of  that                                                               
crime.                                                                                                                          
                                                                                                                                
SENATOR PASKVAN  observed that those  were criminal  statutes and                                                               
he was referring to civil  liability. He emphasized that a person                                                               
will  be  held responsible  if  he  or  she kills  someone  while                                                               
driving.  Taking your  eyes off  the road  to look  at map  quest                                                               
because  you're lost  will not  be an  excuse. Some  people think                                                               
it's acceptable  to drive 60 miles  an hour and hit  someone, but                                                               
they're wrong. They will be held responsible.                                                                                   
                                                                                                                                
REPRESENTATIVE GARA  responded that  the sponsors have  that same                                                               
understanding.  The  bill does  not  exempt  civil liability  for                                                               
negligent conduct. If  a person is negligent  and hurts somebody,                                                               
the rule is "You broke it, you fix it."                                                                                         
                                                                                                                                
10:13:30 AM                                                                                                                   
SENATOR COGHILL  asked if  the purpose of  the phrase  "any other                                                               
similar  means" on  page  2,  line 9,  is  to accommodate  future                                                               
technology.                                                                                                                     
                                                                                                                                
REPRESENTATIVE GARA said yes; today  an iPhone is a personal data                                                               
assistant but  the iPhone  5 may  be called  something different.                                                               
The intent is that if it's got a  screen and a person can type on                                                               
it and read it, then it's a similar means.                                                                                      
                                                                                                                                
SENATOR COGHILL observed that it's  a visual distraction, and the                                                               
bill is  trying to  say that  visual distractions,  excluding the                                                               
exceptions, will generally be a primary crime.                                                                                  
                                                                                                                                
REPRESENTATIVE GARA said yes.                                                                                                   
                                                                                                                                
10:14:35 AM                                                                                                                   
SENATOR WIELECHOWSKI  asked if using Siri  (Speech Interpretation                                                               
and Recognition Interface) would be a violation.                                                                                
                                                                                                                                
REPRESENTATIVE GARA replied it is not  a crime to voice text, and                                                               
the  Department of  Law  has  given assurance  that  it will  not                                                               
prosecute those  cases where  it isn't  possible to  tell whether                                                               
the voice text  application was open, because that's  not a crime                                                               
beyond  a  reasonable  doubt.  This  will  change  as  technology                                                               
advances, but that capability isn't available today.                                                                            
                                                                                                                                
SENATOR  WIELECHOWSKI  asked  if   a  "normal  driving  position"                                                               
included  turning to  look at  an  iPhone that's  located on  the                                                               
passenger seat. "I  would think that we would  want that covered,                                                               
but it's just clarifying for the record," he said.                                                                              
                                                                                                                                
10:16:51 AM                                                                                                                   
REPRESENTATIVE GARA  explained that the terminology  in paragraph                                                               
(2)  prohibits texting  or using  other nonvoice  messaging while                                                               
driving. It is intended to  disallow the argument that the driver                                                               
had  one eye  on  the  road. Normal  driving  position means  the                                                               
driver is driving and his or her full attention is on the road.                                                                 
                                                                                                                                
CHAIR  FRENCH   closed  public  testimony.  Finding   no  further                                                               
committee discussion, he asked the will of the committee.                                                                       
                                                                                                                                
10:18:32 AM                                                                                                                   
SENATOR WIELECHOWSKI  moved to report  CS for HB 255,  version T,                                                               
from  committee  with  individual  recommendations  and  attached                                                               
fiscal note(s).                                                                                                                 
                                                                                                                                
CHAIR  FRENCH  announced  that without  objection  CSHB  255(JUD)                                                               
moved from the Senate Judiciary Standing Committee.                                                                             
                                                                                                                                
At ease from 10:18 a.m. to 10:20 a.m.                                                                                           
                                                                                                                                
               HB  50-ACCESS TO LICENSED PREMISES                                                                           
                                                                                                                                
10:20:10 AM                                                                                                                   
CHAIR  FRENCH  announced the  consideration  of  HB 50,  "An  Act                                                               
relating to the purchase of alcoholic  beverages at a club and to                                                               
access  by certain  persons under  21 years  of age  to a  club's                                                               
licensed premises when alcoholic beverages are present."                                                                        
                                                                                                                                
10:20:21 AM                                                                                                                   
REPRESENTATIVE DAN  SADDLER, sponsor of  HB 50, said the  bill is                                                               
about access  to patriotic clubs  that may be  licensed premises,                                                               
but is not  intended to allow minors to consume  alcohol in these                                                               
establishments. HB  50 has  two basic  elements. Section  1 would                                                               
make  it easier  for service  members and  their spouses  who are                                                               
over  age 21  to  visit  licensed premises  such  as an  American                                                               
Legion or VFW hall at the club's invitation.                                                                                    
                                                                                                                                
Section 2 would  allow service members and their  spouses who are                                                               
under  age  21, and  have  appropriate  identification, to  enter                                                               
licensed  premises of  patriotic  clubs if  they  are members  or                                                               
guests  of  a member.  He  noted  that  if  the host  leaves  the                                                               
premises,  the   minors  must  also  leave.   He  explained  that                                                               
patriotic clubs are often used  for off-base meetings of military                                                               
units and  to exclude those who  are under age 21  can negatively                                                               
affect unit cohesion and morale.                                                                                                
                                                                                                                                
REPRESENTATIVE  SADDLER reiterated  that  HB 50  does not  permit                                                               
underage drinking.  It simply  clarifies that  military personnel                                                               
and their spouses who  are over age 21 do not have  to wait for a                                                               
special  occasion to  visit  a patriot  club,  and that  military                                                               
personnel and their  spouses who are under age 21  can visit, but                                                               
not consume  alcohol, as long as  they are members or  guests. He                                                               
noted that the packet contained documentations of support.                                                                      
                                                                                                                                
10:22:28 AM                                                                                                                   
CHAIR FRENCH asked if the bill had any opposition.                                                                              
                                                                                                                                
REPRESENTATIVE SADDLER said no.                                                                                                 
                                                                                                                                
CHAIR FRENCH  observed that  the bill  addresses only  the narrow                                                               
category of patriotic clubs, not licensed premises in general.                                                                  
                                                                                                                                
REPRESENTATIVE SADDLER [nodded.]                                                                                                
                                                                                                                                
10:23:04 AM                                                                                                                   
CHAIR FRENCH closed public testimony  and reviewed the supporting                                                               
documentation  in  the  packet.   Finding  no  further  committee                                                               
discussion, he asked the will of the committee.                                                                                 
                                                                                                                                
10:23:39 AM                                                                                                                   
SENATOR WIELECHOWSKI moved to report  CS for HB 55 from committee                                                               
with individual recommendations and attached fiscal note(s).                                                                    
                                                                                                                                
CHAIR  FRENCH  announced  that without  objection,  CSHB  55(JUD)                                                               
moved from the Senate Judiciary Standing Committee.                                                                             
                                                                                                                                
At ease from 10:23 a.m. to 10:24 a.m.                                                                                           
                                                                                                                                
         HB 296-ESCAPE/SERVICE ON PRISONERS/MONITORING                                                                      
                                                                                                                                
10:24:07 AM                                                                                                                   
CHAIR  FRENCH announced  the  consideration of  HB  296, "An  Act                                                               
relating  to service  of process  on prisoners;  relating to  the                                                               
crime of escape;  deleting the repeal of a  provision relating to                                                               
electronic  monitoring as  a special  condition of  probation and                                                               
parole  for offenders  whose offense  was related  to a  criminal                                                               
street gang;  amending Rule 4,  Alaska Rules of  Civil Procedure;                                                               
and providing  for an effective date."  He asked for a  motion to                                                               
bring the bill before the committee.                                                                                            
                                                                                                                                
SENATOR WIELECHOWSKI motioned to bring  CS for HB 296(JUD) before                                                               
the committee.                                                                                                                  
                                                                                                                                
10:25:13 AM                                                                                                                   
ANNE  CARPENETI,  Assistant  Attorney  General  representing  the                                                               
Criminal Division, Department of Law  (DOL), introduced HB 296 on                                                               
behalf  of  the  sponsor,  the  House  Judiciary  Committee.  She                                                               
explained  that the  bill addresses  an issue  that arose  in the                                                               
court  case Bridge  v. State.  Mr.  Bridge walked  away from  the                                                             
unsecured halfway  house, Northstar Center, while  awaiting trial                                                               
on  a class  B misdemeanor  charge. The  Alaska Court  of Appeals                                                               
held  that Northstar  Center did  not qualify  as a  correctional                                                               
center  and that  the class  B felony  offense of  escape in  the                                                               
second  degree should  not  apply in  that  circumstance. HB  296                                                               
reflects that decision and provides  that a person charged with a                                                               
misdemeanor who walks away from  a non-secure facility be subject                                                               
to prosecution of a misdemeanor offense.                                                                                        
                                                                                                                                
She  said the  bill defines  "secure correctional  facility" only                                                               
for  purposes of  the escape  law. She  noted two  other changes.                                                               
Section  1  cross  references   the  definition  of  correctional                                                               
facility in  Title 33 and  clarifies that the  superintendent can                                                               
deliver  process  to a  person  who  is incarcerated.  Section  4                                                               
deletes  the  repeal  of  a   provision  relating  to  electronic                                                               
monitoring of gang members under certain circumstances.                                                                         
                                                                                                                                
10:29:17 AM                                                                                                                   
CHAIR FRENCH  asked what the bill  does to tie the  definition of                                                               
"correctional  facility" under  AS  09.05.050  to the  definition                                                               
under AS 33.30.901.                                                                                                             
                                                                                                                                
MS.  CARPENETTI  replied  it's strictly  for  civil  process;  it                                                               
clarifies that a superintendent of  a jail can accept service and                                                               
deliver it to an inmate.                                                                                                        
                                                                                                                                
CHAIR  FRENCH  asked  if  prisoners   in  Alaska  are  housed  in                                                               
facilities  other than  prisons,  jails, halfway  houses, and  by                                                               
electronic monitoring.                                                                                                          
                                                                                                                                
MS. CARPENETI deferred to Ms. Gutierrez.                                                                                        
                                                                                                                                
10:31:17 AM                                                                                                                   
CARMEN GUTIERREZ, Deputy  Commissioner, Department of Corrections                                                               
(DOC), confirmed that those were  the forms of detention and that                                                               
the bill addresses prisons and jails.                                                                                           
                                                                                                                                
CHAIR FRENCH observed  that the bill clarifies that  it's a class                                                               
B felony  to escape from  a prison  or jail while  under official                                                               
detention for a misdemeanor.                                                                                                    
                                                                                                                                
MS. GUTIERREZ confirmed that under  this provision a misdemeanant                                                               
escaping from a secure correctional  facility would be prosecuted                                                               
for a  class B felony  offense. A  felon residing in  a community                                                               
residential center who walks away  will be prosecuted for a class                                                               
C felony  offense. She explained  that the bill intends  to align                                                               
the  statutory  language with  Bridge  v.  State; a  misdemeanant                                                             
offender who walks away from  a community residential center will                                                               
be prosecuted as a class A misdemeanor.                                                                                         
                                                                                                                                
10:33:36 AM                                                                                                                   
CHAIR FRENCH  asked Ms.  Carpeneti to  repeat the  explanation of                                                               
repealing the repealer in Section 4.                                                                                            
                                                                                                                                
MS. CARPENETTI explained that legislation  was enacted in 2007 to                                                               
allow  electronic  monitoring  of   gang  members  under  certain                                                               
circumstances. That  bill had  a self-enforcing  repealer section                                                               
dated 12/31/2012.  The assumption is  that the repealer  is being                                                               
repealed because that method of control has been helpful.                                                                       
                                                                                                                                
10:35:07 AM                                                                                                                   
SENATOR  WIELECHOWSKI reported  that that  was his  bill and  the                                                               
repealer was added to provide  an opportunity to test the method.                                                               
He said he was pleased that it was being put back in.                                                                           
                                                                                                                                
CHAIR   FRENCH  asked   what  the   Department  of   Correction's                                                               
experience has been with electronic monitoring of gang members.                                                                 
                                                                                                                                
MS. GUTIERREZ replied it has been a beneficial tool.                                                                            
                                                                                                                                
CHAIR  FRENCH asked  if  the  committee should  be  aware of  any                                                               
particular instance of a gang member on electronic monitoring.                                                                  
                                                                                                                                
MS.  GUTIERREZ said  no;  DOC uses  electronic  monitoring as  an                                                               
added control  method of  monitoring gang  members who  have been                                                               
released on probation after having served their sentence.                                                                       
                                                                                                                                
10:36:18 AM                                                                                                                   
DOUGLAS MOODY,  Attorney, Public  Defender Agency,  Department of                                                               
Administration (DOA), offered to answer questions.                                                                              
                                                                                                                                
CHAIR FRENCH  asked if HB  296 fixes  the problems that  arose in                                                               
Bridge v. State.                                                                                                              
                                                                                                                                
MR. MOODY said  yes; it aligns the current  statutory scheme with                                                               
the decision.                                                                                                                   
                                                                                                                                
10:37:16 AM                                                                                                                   
CHAIR FRENCH closed public testimony and asked the will of the                                                                  
committee.                                                                                                                      
                                                                                                                                
10:37:20 AM                                                                                                                   
SENATOR WIELECHOWSKI moved to report CS for HB 296 from                                                                         
committee with individual recommendations and attached fiscal                                                                   
note(s).                                                                                                                        
                                                                                                                                
CHAIR FRENCH announced that without objection, CSHB 296(JUD)                                                                    
moved from the Senate Judiciary Standing Committee.                                                                             
                                                                                                                                
10:37:30 AM                                                                                                                   
There being no further business to come before the committee,                                                                   
Chair French adjourned the meeting at 10:37 p.m.                                                                                
                                                                                                                                

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