Legislature(2015 - 2016)BELTZ 105 (TSBldg)

03/02/2016 01:30 PM JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 112 ADOPTION OF CHILD IN STATE CUSTODY TELECONFERENCED
Scheduled but Not Heard
+ Bills Previously Heard/Scheduled: TELECONFERENCED
+= SB 174 REG. OF FIREARMS/KNIVES BY UNIV. OF AK TELECONFERENCED
Heard & Held
+= SB 180 PARENT-GUARDIAN/CHILD:TEMP. POWER OF ATTY TELECONFERENCED
Moved CSSB 180(JUD) Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         March 2, 2016                                                                                          
                           1:34 p.m.                                                                                            
                                                                                                                                
                                                                                                                              
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator John Coghill, Vice Chair                                                                                                
Senator Mia Costello                                                                                                            
Senator Peter Micciche                                                                                                          
Senator Bill Wielechowski                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Lesil McGuire, Chair                                                                                                    
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 174                                                                                                             
"An Act relating to the regulation  of firearms and knives by the                                                               
University of Alaska."                                                                                                          
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 180                                                                                                             
"An  Act relating  to the  temporary  delegation by  a parent  or                                                               
guardian of powers related to  a child; relating to adoption; and                                                               
relating to the  distribution to a parent or guardian  in a child                                                               
protection situation of information on family support services."                                                                
                                                                                                                                
     - MOVED CSSB 180(JUD) OUT OF COMMITTEE                                                                                     
                                                                                                                                
SENATE BILL NO. 112                                                                                                             
"An  Act  establishing  procedures  related  to  a  petition  for                                                               
adoption  of a  child in  state custody;  adding a  definition of                                                               
'proxy  for  a  formal  petition';  amending  Rule  6(a),  Alaska                                                               
Adoption Rules; and providing for an effective date."                                                                           
                                                                                                                              
     - SCHEDULED BUT NOT HEARD                                                                                            
                                                                                                                              
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 174                                                                                                                  
SHORT TITLE: REG. OF FIREARMS/KNIVES BY UNIV. OF AK                                                                             
SPONSOR(s): SENATOR(s) KELLY                                                                                                    
                                                                                                                                
02/08/16       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/08/16       (S)       EDC, JUD                                                                                               
02/16/16       (S)       EDC AT 3:30 PM BUTROVICH 205                                                                           
02/16/16       (S)       Heard & Held                                                                                           
02/16/16       (S)       MINUTE (EDC)                                                                                           
02/17/16       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/17/16       (S)       Scheduled but Not Heard                                                                                
02/18/16       (S)       EDC AT 3:30 PM BUTROVICH 205                                                                           
02/18/16       (S)       Heard & Held                                                                                           
02/18/16       (S)       MINUTE (EDC)                                                                                           
02/23/16       (S)       EDC AT 3:30 PM BUTROVICH 205                                                                           
02/23/16       (S)       Moved CSSB 174(EDC) Out of Committee                                                                   
02/23/16       (S)       MINUTE (EDC)                                                                                           
02/26/16       (S)       EDC RPT CS 2DP 1DNP 1NR SAME TITLE                                                                     
02/26/16       (S)       DP: DUNLEAVY, HUGGINS                                                                                  
02/26/16       (S)       DNP: GARDNER                                                                                           
02/26/16       (S)       NR: GIESSEL                                                                                            
02/26/16       (S)       FIN REFERRAL ADDED AFTER JUD                                                                           
02/29/16       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/29/16       (S)       Heard & Held                                                                                           
02/29/16       (S)       MINUTE (JUD)                                                                                           
03/02/16       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: SB 180                                                                                                                  
SHORT TITLE: PARENT-GUARDIAN/CHILD: TEMP. POWER OF ATTY                                                                         
SPONSOR(s): SENATOR(s) GIESSEL                                                                                                  
                                                                                                                                
02/12/16       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/12/16       (S)       JUD                                                                                                    
02/24/16       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/24/16       (S)       Heard & Held                                                                                           
02/24/16       (S)       MINUTE (JUD)                                                                                           
03/02/16       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
GREG STODDARD, representing himself                                                                                             
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 174.                                                                           
                                                                                                                                
ROB CLIFT, Chair                                                                                                                
Libertarian Party                                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of SB 174.                                                                          
                                                                                                                                
LILY COHEN, representing herself                                                                                                
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT: Testified in opposition to SB 174.                                                                        
                                                                                                                                
BRIAN JUDY, Alaska Liaison                                                                                                      
National Rifle Association                                                                                                      
Sacramento, California                                                                                                          
POSITION STATEMENT: Testified in support of SB 174.                                                                           
                                                                                                                                
MIKE COONS, representing himself                                                                                                
Palmer, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of SB 174.                                                                           
                                                                                                                                
SETH WEAVER, representing himself                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in opposition to SB 174.                                                                        
                                                                                                                                
BRIAN SIMPSON, representing himself                                                                                             
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT: Testified in favor of SB 174.                                                                             
                                                                                                                                
MICHAEL HOSTIN, General Counsel                                                                                                 
University of Alaska                                                                                                            
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT: Answered questions related to SB 174.                                                                     
                                                                                                                                
MATT COOPER, General Counsel                                                                                                    
University of Alaska                                                                                                            
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT: Answered questions related to SB 174.                                                                     
                                                                                                                                
SENATOR CATHY GIESSEL                                                                                                           
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Sponsor of SB 180.                                                                                        
                                                                                                                                
KARI NORE, Staff                                                                                                                
Senator Cathy Giessel                                                                                                           
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Provided information related to SB 180.                                                                   
                                                                                                                                
CHARITY CARMODY, President                                                                                                      
Beacon Hill                                                                                                                     
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Answered questions related to SB 180.                                                                     
                                                                                                                                
CARL KANCIR, representing himself                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 174.                                                                           
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:34:00 PM                                                                                                                    
VICE  CHAIR   COGHILL  called   the  Senate   Judiciary  Standing                                                             
Committee meeting  to order at 1:34  p.m. Present at the  call to                                                               
order were  Senators Micciche,  Wielechowski, Costello,  and Vice                                                               
Chair Coghill.                                                                                                                  
                                                                                                                                
         SB 174-REG. OF FIREARMS/KNIVES BY UNIV. OF AK                                                                      
                                                                                                                                
1:35:53 PM                                                                                                                    
VICE  CHAIR COGHILL  announced the  consideration of  SB 174.  He                                                               
listed those who  were available for questions  and opened public                                                               
testimony.                                                                                                                      
                                                                                                                                
1:36:48 PM                                                                                                                    
GREG STODDARD,  representing himself, testified in  support of SB                                                               
174. He  noted he works for  the university, but is  speaking for                                                               
himself. He opined that the  university's current firearms policy                                                               
is more of  an invitation to a perpetrator, than  a deterrent. He                                                               
said statistics  show gun-free zones  are where  violence occurs.                                                               
He said the bill requires  the university to follow existing law.                                                               
Americans have the constitutional  right to defend themselves. He                                                               
did not  think there was anything  to fear from a  polite society                                                               
that arms itself.                                                                                                               
                                                                                                                                
1:39:29 PM                                                                                                                    
ROB CLIFT, Chair,  Libertarian Party, testified in  support of SB                                                               
174. He  said the Libertarian  Party supports the right  to carry                                                               
"concealed" on  campus and is  cognizant that people  already are                                                               
carrying "concealed" on  campus. He said he  understands that the                                                               
university is  used by many people  and belongs to all  people of                                                               
Alaska, not  to the Board  of Regents. He concluded  that passage                                                               
of the bill aligns the university with state law.                                                                               
                                                                                                                                
1:42:23 PM                                                                                                                    
LILY COHEN,  representing herself, testified in  opposition to SB                                                               
174. She  said even though she  works on campus, she  is speaking                                                               
for herself. She  said she carries a gun in  situations where she                                                               
want to feel safe,  such as out in the field,  but not on campus.                                                               
She stated  that she does  not support  guns on campus  and feels                                                               
that they will not make the  campus safer. She did not think that                                                               
the committee received  letters opposing the bill.  She read from                                                               
an article in the Onion about mass shootings around the U.S.                                                                  
                                                                                                                                
VICE  CHAIR COGHILL  noted the  committee has  received an  equal                                                               
number of letters against the bill.                                                                                             
                                                                                                                                
1:44:58 PM                                                                                                                    
BRIAN   JUDY,  Alaska   Liaison,   National  Rifle   Association,                                                               
testified in  support of SB  174. He questioned whether  a person                                                               
should have less freedom or safety  on a college campus and why a                                                               
person who can be armed off  campus, can't be armed on campus. He                                                               
stated  that self-defense  is a  fundamental right.  The bill  is                                                               
about providing  protection for law-abiding citizens  both on and                                                               
off  campus.  He  maintained  that  law  enforcement  cannot  not                                                               
respond to shootings quick enough.  He said gun-free school zones                                                               
have  been a  disaster with  every mass  killing recently  having                                                               
been in  such zones. He  said there  are currently 9  states that                                                               
allow concealed carry  on campus without any  problems. He shared                                                               
the history of  concealed carry law. He did not  believe the bill                                                               
would cause fiscal problems for the university.                                                                                 
                                                                                                                                
1:49:21 PM                                                                                                                    
MIKE  COONS, representing  himself,  testified in  support of  SB                                                               
174.  He cited  times  when  there was  a  deadly  threat and  he                                                               
produced  a  weapon  to  stop   it.  He  debated  the  university                                                               
counsel's opinion  that it  is not a  state entity.  He suggested                                                               
cutting funds to the university. He  said an adult in Alaska does                                                               
not  need  a  concealed  carry  permit  and  he  maintained  that                                                               
training  does  not  make  a  person  safer.  He  concluded  that                                                               
children are safe around concealed carry on campus.                                                                             
                                                                                                                                
1:53:38 PM                                                                                                                    
SETH WEAVER, representing himself,  testified in opposition to SB                                                               
174. He  voiced concern  about the underlying  aura of  fear that                                                               
would infringe  on one's  ability to express  free speech  in the                                                               
classroom. He  spoke as  a student of  the university  system who                                                               
would be  affected by  this bill and  the general  reluctance for                                                               
students to speak  on a hot topic when students  in their classes                                                               
have guns.  He referred  to the Sumter  Incidence where  a person                                                               
was  caned to  death  for  speaking up.  He  suggested adding  an                                                               
amendment  to  also  allow  concealed   carry  inside  the  state                                                               
capitol.                                                                                                                        
                                                                                                                                
1:57:39 PM                                                                                                                    
BRIAN  SIMPSON, representing  himself, testified  in favor  of SB                                                               
174. He said it is a  constitutional right to carry concealed. He                                                               
said safe zones  are not safe. He concluded that  those who would                                                               
carry concealed are law abiding citizens.                                                                                       
                                                                                                                                
VICE CHAIR  COGHILL noted the university  is preparing additional                                                               
statements regarding K-12 students on campus.                                                                                   
                                                                                                                                
2:01:20 PM                                                                                                                    
SENATOR MICCICHE asked about the  UA fiscal note for $1.3 million                                                               
for FY2017  and $800,000,  per year,  for FY2018  through FY2020,                                                               
regarding  K-12 programs.  He asked  if the  university plans  to                                                               
issue  another fiscal  note after  the acceptance  of version  N,                                                               
which allows restricted areas.                                                                                                  
                                                                                                                                
2:03:37 PM                                                                                                                    
MICHAEL  HOSTIN, General  Counsel, University  of Alaska  System,                                                               
answered questions related to SB  174. He explained that the K-12                                                               
programs are  mixed in with  other programs on campus  that would                                                               
not  be subject  to concerns  that would  normally be  associated                                                               
with  K-12  buildings  where  firearms  are  not  permitted.  The                                                               
university believes  that there would  have to be  secure points,                                                               
as allowed in the bill, during K-12 events.                                                                                     
                                                                                                                                
MATT COOPER,  General Counsel, answered  questions related  to SB                                                               
174.  He  said  that  in   addition  to  K-12,  the  fiscal  note                                                               
represents funding  to evaluate existing  secure areas to  see if                                                               
they qualify as secure access  points and possibly having to make                                                               
them  more secure.  He gave  as examples  the super  computer and                                                               
sensitive  labs  at UAF.  He  noted  they  are still  working  on                                                               
refining the fiscal note. The  fiscal note accompanying version N                                                               
is a substantial  reduction from the previous  fiscal note, which                                                               
included lock boxes for secure storage.                                                                                         
                                                                                                                                
VICE  CHAIR COGHILL  set SB  174 aside,  awaiting further  public                                                               
testimony.                                                                                                                      
                                                                                                                                
2:06:48 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
       SB 180-PARENT-GUARDIAN/CHILD: TEMP. POWER OF ATTY                                                                    
                                                                                                                                
2:07:47 PM                                                                                                                    
VICE CHAIR COGHILL announced the consideration of SB 180.                                                                       
                                                                                                                                
SENATOR CATHY  GIESSEL, Alaska State  Legislature, sponsor  of SB                                                               
180, noted  this was the second  hearing and there was  a new CS,                                                               
version H.                                                                                                                      
                                                                                                                                
2:08:53 PM                                                                                                                    
SENATOR MICCICHE  moved to adopt the  CS for SB 180,  labeled 29-                                                               
LS1431\H, as the working document.                                                                                              
                                                                                                                                
SENATOR WIELECHOWSKI objected for discussion.                                                                                   
                                                                                                                                
2:09:23 PM                                                                                                                    
KARI   NORE,  Staff,   Senator   Cathy   Giessel,  Alaska   State                                                               
Legislature, explained changes in the  new CS for SB 180, version                                                               
H.  The first  change  occurs on  page 5  of  the original  bill,                                                               
version W;  subsection (j), beginning on  line 14 on page  5, was                                                               
removed  due to  concerns by  the Office  of Children's  Services                                                               
(OCS). She  noted OCS was  afraid (j) would allow  individuals to                                                               
circumvent  OCS  by diverting  to  the  power of  attorney  (POA)                                                               
process.  OCS  suggested  the sponsor  put  forward  a  statutory                                                               
exemption  under AS  47.32 for  organizations  similar to  Beacon                                                               
Hill and Safe Families for Children.                                                                                            
                                                                                                                                
She reported that  the second change was on page  7 of version H,                                                               
where two  additional sections were  added. Section  5 references                                                               
the exemption and Section 6 is the actual exemption.                                                                            
                                                                                                                                
MS.  NORE  reviewed  questions  previously  raised  by  committee                                                               
members and  Legislative Legal  Services' responses.  In response                                                               
to  Senator   McGuire's  concern,  Legislative   Legal  attorneys                                                               
determined  that the  bill does  not  supersede judicial  bypass.                                                               
Senator Costello  had asked  whether both  parents must  sign the                                                               
POA and the answer is that  the delegation of powers is the first                                                               
step in  a custody  case. The  goal of  the bill  is to  make the                                                               
process quick and  easy and to not involve an  attorney, so it is                                                               
not  necessary to  have both  parents sign.  She stressed  that a                                                               
delegation of powers  over a minor does not affect  the rights of                                                               
a non-signing parent and it can be revoked at any time.                                                                         
                                                                                                                                
2:12:29 PM                                                                                                                    
VICE CHAIR  COGHILL offered his  understanding that if  there are                                                               
disagreements  between parents,  there  are  other legal  avenues                                                               
available for appeal.                                                                                                           
                                                                                                                                
MS. NORE agreed.  She explained that the delegation  of powers is                                                               
designed to  be an easy  way to help  families get back  on their                                                               
feet without risk of losing custody of their children.                                                                          
                                                                                                                                
MS. NORE  addressed the question  raised by  Senator Wielechowski                                                               
concerning PFD's  and property  belonging to  a minor  child. She                                                               
said  the sponsor  proposes  a  change to  remove  the words  "of                                                               
property" on page 2,  line 3, and on page 3,  line 13, to prevent                                                               
the host family or attorney-in-fact  from having purview over the                                                               
property of the minor child;  it would remain with the biological                                                               
parent.                                                                                                                         
                                                                                                                                
SENATOR  WIELECHOWSKI  asked if  the  sponsor  will propose  that                                                               
change.                                                                                                                         
                                                                                                                                
MS. NORE  said yes.  She said  there was  also a  question raised                                                               
about the  ability to recoup  medical and dental costs,  or costs                                                               
related  to the  care  of a  child. The  sponsor  decided not  to                                                               
address  this  issue  because  when   a  family  enters  into  an                                                               
agreement using the power of  attorney, such as with Beacon Hill,                                                               
there  is a  built-in agreement  that  the family  will not  seek                                                               
recovery of medical  costs. It is supposed to be  minimal cost to                                                               
the host parent or attorney-in-fact.                                                                                            
                                                                                                                                
2:14:41 PM                                                                                                                    
SENATOR  WIELECHOWSKI summarized  that  the person  with the  POA                                                               
would not be  responsible for expensive medical  care, should the                                                               
child need it.                                                                                                                  
                                                                                                                                
MS. NORE said, "Correct."                                                                                                       
                                                                                                                                
2:15:24 PM                                                                                                                    
MS.  NORE  addressed a  question  posed  by Senator  Wielechowski                                                               
regarding  emancipation. She  explained  that the  bill does  not                                                               
address  emancipated   minors  and   it  would   be  up   to  the                                                               
organizations  to set  standards  related to  placement based  on                                                               
age.                                                                                                                            
                                                                                                                                
SENATOR COSTELLO asked what happens  if one parent disagrees with                                                               
the POA being provided to a third party.                                                                                        
                                                                                                                                
MS. NORE said if  one parent signs and one does  not, the one who                                                               
does not  sign does not  lose any  rights, and either  parent can                                                               
revoke the POA at any time.                                                                                                     
                                                                                                                                
SENATOR  COSTELLO  said she  was  trying  to  think of  a  family                                                               
situation where one parent thinks the  POA will result in harm to                                                               
the child.                                                                                                                      
                                                                                                                                
2:17:24 PM                                                                                                                    
SENATOR  GIESSEL  suggested that  the  president  of Beacon  Hill                                                               
address  the  question.  She  maintained  that  families  seeking                                                               
assistance  voluntarily call  Beacon  Hill because  they want  to                                                               
retain custody  of their  children and they  are working  hard to                                                               
resolve  their issues.  She  suggested that  there  is much  more                                                               
cooperation between parents than Senator Costello envisions.                                                                    
                                                                                                                                
SENATOR WIELECHOWSKI said he had the same question.                                                                             
                                                                                                                                
2:18:46 PM                                                                                                                    
CHARITY  CARMODY,  President,  Beacon  Hill,  answered  questions                                                               
related  to  SB 180.  She  provided  an  example similar  to  the                                                               
situation Senator Costello  posed where the mother used  a POA to                                                               
put the kids  in Safe Families for Children and  the dad appeared                                                               
after  a  month and  agreed  to  sign the  same  POA,  but if  he                                                               
wouldn't have agreed, he could have revoked the POA.                                                                            
                                                                                                                                
SENATOR  COSTELLO  asked if  the  legislation  were to  pass  and                                                               
Beacon Hill  were not in place,  what would happen when  a POA is                                                               
signed without the other parent's knowledge.                                                                                    
                                                                                                                                
MS. CARMODY offered  her belief that it was the  same concept for                                                               
other POA  issues, such as enrolling  a child in school,  and the                                                               
parent would have the right to cancel the POA.                                                                                  
                                                                                                                                
2:21:39 PM                                                                                                                    
SENATOR MICCICHE  asked if  existing law  has the  POA cancelling                                                               
provision in it.                                                                                                                
                                                                                                                                
MS. CARMODY said it does.                                                                                                       
                                                                                                                                
SENATOR WIELECHOWSKI asked why the bill is needed.                                                                              
                                                                                                                                
MS. NORE explained  that originally the existing  POA statute was                                                               
included in  the bill. The sponsor  made the bill more  robust at                                                               
the  request  of  OCS  due  to  the  sensitivity  of  the  cases.                                                               
Currently, entities such as Beacon  Hill operate under a variance                                                               
under OCS, and the intent is  to allow those entities to continue                                                               
to provide  services without running  the risk that  the variance                                                               
could be withdrawn.                                                                                                             
                                                                                                                                
2:23:36 PM                                                                                                                    
SENATOR WIELECHOWSKI  said he  supports the  concept of  the bill                                                               
but  believes  the  worst case  scenarios  should  be  considered                                                               
during the  discussion. He  summarized that  the statute  gives a                                                               
single parent  the right  to create  a POA  and does  not require                                                               
both  parents to  sign  it. He  voiced concern  when  there is  a                                                               
broken family and  parents disagree. He asked if  there should be                                                               
a requirement that both parents agree to the POA.                                                                               
                                                                                                                                
SENATOR GIESSEL  explained that  Chad Hutchinson,  the majority's                                                               
attorney,  provided  a  summary  of delegation  of  powers  by  a                                                               
parent, which  consists of a scale.  The lowest end of  the scale                                                               
is  delegation  of powers  by  a  parent  and requires  no  court                                                               
filing, does not  affect the rights of a  non-signing parent, and                                                               
can be  revoked at any  time. The  next level up  is guardianship                                                               
which  requires court  action. The  bill provides  for a  nimble,                                                               
easy, safe process.                                                                                                             
                                                                                                                                
2:26:12 PM                                                                                                                    
SENATOR WIELECHOWSKI referred  to language in Section  2 where it                                                               
says  a parent  or  guardian of  a minor  child  may delegate  to                                                               
another person,  whereas in  subsection (b), line  9, it  says "a                                                               
parent  or guardian  who delegates  a power."  He voiced  concern                                                               
about a  parent that is  not informed,  finds out about  the POA,                                                               
and then is relying on the other person to revoke the POA.                                                                      
                                                                                                                                
MS. NORE referred  to number 3 on the legal  memo and pointed out                                                               
that the bill uses the singular term and the plural term.                                                                       
                                                                                                                                
SENATOR WIELECHOWSKI countered  that it says one  or both parents                                                               
can execute  a POA for  their child.  The legal memo  states that                                                               
the sponsor may want to address  whether or not both parents must                                                               
sign the  POA and what would  happen if one parent  disagreed. He                                                               
suggested specifying that both parents need to agree.                                                                           
                                                                                                                                
VICE CHAIR COGHILL asked for Ms. Carmody to comment.                                                                            
                                                                                                                                
MS. CARMODY offered her understanding  that this language already                                                               
exists in  the current POA  statute. She noted that  some parents                                                               
are missing  or not involved and  it would pose problems  to have                                                               
to track down both parents or prove who they are.                                                                               
                                                                                                                                
2:29:39 PM                                                                                                                    
SENATOR MICCICHE referred  to existing law AS  13.26.020 and Sec.                                                               
01.10.050(b),  where it  explains  that the  plural and  singular                                                               
references to  parent/parents includes both. Existing  law allows                                                               
permission for POA by one or both parents.                                                                                      
                                                                                                                                
VICE  CHAIR COGHILL  said  he  could see  that  when  there is  a                                                               
divided family,  the POA  may need  to be  resolved in  court. He                                                               
asked if one parent has veto power in this bill.                                                                                
                                                                                                                                
MS. NORE said yes.                                                                                                              
                                                                                                                                
2:30:25 PM                                                                                                                    
SENATOR  COSTELLO said  she thought  it was  an implied  power on                                                               
page 2, line 21, "unless a  parent or guardian revokes a power of                                                               
attorney." She  suggested adding "where reasonable"  to avoid the                                                               
situation just described and to add protection.                                                                                 
                                                                                                                                
MS. NORE explained that the  issue with adding qualifications for                                                               
contacting a parent  who is out of the picture  is that the point                                                               
of  the delegation  of powers  is  to provide  quick action  when                                                               
there  are emergency  circumstances in  the family.  She gave  an                                                               
example of  a parent who  relapses and is  at risk of  losing her                                                               
children.  She concluded  that  qualifications  could defeat  the                                                               
whole purpose of the bill.                                                                                                      
                                                                                                                                
2:32:44 PM                                                                                                                    
SENATOR WIELECHOWSKI  referred to page 2,  lines 9 - 12.  He said                                                               
he believes the  lines mean the parent or  guardian who delegated                                                               
the POA  can revoke  it. He suggested  adding "either  parent can                                                               
revoke the POA."                                                                                                                
                                                                                                                                
2:33:42 PM                                                                                                                    
MS. CARMODY said she likes the  idea that both parents would have                                                               
the right to revoke the POA.                                                                                                    
                                                                                                                                
VICE  CHAIR   COGHILL  asked  whether  Senator   Wielechowski  is                                                               
suggesting to make  it explicit that it is either  parent who can                                                               
revoke the POA.                                                                                                                 
                                                                                                                                
SENATOR WIELECHOWSKI said he was open to the discussion.                                                                        
                                                                                                                                
VICE CHAIR COGHILL offered his belief a parent has that right.                                                                  
                                                                                                                                
2:34:36 PM                                                                                                                    
SENATOR  MICCICHE opined  that is  already the  case in  existing                                                               
law, but he was not opposed to clarification.                                                                                   
                                                                                                                                
VICE CHAIR COGHILL  said it is important to fine-tune  the law at                                                               
this level.                                                                                                                     
                                                                                                                                
SENATOR GIESSEL  said she  understands what  Senator Wielechowski                                                               
is  seeing in  line 9,  and she  suggested, "Either  a parent  or                                                               
guardian  under (a)  of  this  section may  revoke  the power  of                                                               
attorney at any  time." It removes "who delegates  a power" which                                                               
is where there is confusion.                                                                                                    
                                                                                                                                
SENATOR WIELECHOWSKI agreed that seems to solve the problem.                                                                    
                                                                                                                                
2:36:14 PM                                                                                                                    
VICE CHAIR  COGHILL summarized  that the idea  is to  strike "who                                                               
delegates a power."                                                                                                             
                                                                                                                                
SENATOR WIELECHOWSKI  suggested "who delegates a  power under (a)                                                               
of this section."                                                                                                               
                                                                                                                                
SENATOR WIELECHOWSKI  removed his  objection to  adopting version                                                               
H.                                                                                                                              
                                                                                                                                
VICE CHAIR COGHILL  found no further objection and  version H was                                                               
adopted.                                                                                                                        
                                                                                                                                
2:37:00 PM                                                                                                                    
MS.  NORE  pointed out  there  was  discussion about  potentially                                                               
removing the word "property" on page 2, line 3.                                                                                 
                                                                                                                                
2:37:30 PM                                                                                                                    
SENATOR MICCICHE moved  Conceptual Amendment 1: in  Section 2, on                                                               
page  2,  line  3,  remove  the  word  "property"  regarding  the                                                               
delegation  of powers  over  a  minor child.  It  should now  say                                                               
"regarding the care or custody of the minor child. . . "                                                                        
                                                                                                                                
2:38:03 PM                                                                                                                    
MS. NORE pointed out the  additional need to remove "property" on                                                               
page 3, line 13.                                                                                                                
                                                                                                                                
SENATOR MICCICHE  restated Conceptual  Amendment 1 to  remove the                                                               
word "property" on page 2, line 3, and on page 3, line 13.                                                                      
                                                                                                                                
VICE CHAIR COGHILL found no  objection and Conceptual Amendment 1                                                               
was adopted.                                                                                                                    
                                                                                                                                
2:39:13 PM                                                                                                                    
VICE CHAIR COGHILL  referred to a potential amendment  on page 2,                                                               
line 9,  removing the words "who  delegates a power under  (a) of                                                               
this section."                                                                                                                  
                                                                                                                                
SENATOR MICCICHE suggested removing  "who delegates a power under                                                               
(a) of  this section"  from the  first part  of the  sentence and                                                               
adding "under  (a) of  this section"  after "power  of attorney."                                                               
Then it would read "a parent  or attorney may revoke the power of                                                               
attorney under (a) of this section at any time."                                                                                
                                                                                                                                
SENATOR  COGHILL said  he did  not think  it made  any difference                                                               
because  it falls  under  the "delegation  of  powers over  minor                                                               
child" section. It was a stated right to revoke the POA.                                                                        
                                                                                                                                
2:40:37 PM                                                                                                                    
SENATOR  MICCICHE  said  it  is   pointing  to  a  specific  POA.                                                               
Legislative  Legal  clarified that  any  parent  or guardian  can                                                               
revoke a POA.                                                                                                                   
                                                                                                                                
SENATOR MICCICHE moved  to adopt Conceptual Amendment  2, on page                                                               
2, line  9, where it  says "a parent  or guardian may  revoke the                                                               
power of  attorney under  (a) of  this section  at any  time" the                                                               
words "who delegates a power under  (a) of this section" would be                                                               
removed.                                                                                                                        
                                                                                                                                
VICE CHAIR COGHILL found no  objection and Conceptual Amendment 2                                                               
was adopted.                                                                                                                    
                                                                                                                                
2:42:24 PM                                                                                                                    
SENATOR COSTELLO  noted there is  another bill going  through the                                                               
legislative process that removes any reference to "attorney-in-                                                                 
fact" which is commonly used for POA.                                                                                           
                                                                                                                                
SENATOR GIESSEL thanked Chair Costello  for that information. She                                                               
said page 5,  subsection (j)(2) has a  definition of attorney-in-                                                               
fact related to this particular  bill. She assumed revisers would                                                               
update it.                                                                                                                      
                                                                                                                                
VICE CHAIR COGHILL commented that it was a good catch.                                                                          
                                                                                                                                
2:43:57 PM                                                                                                                    
SENATOR MICCICHE moved to report the  CS for SB 180, version H as                                                               
amended,  from  committee  with  individual  recommendations  and                                                               
attached fiscal note.                                                                                                           
                                                                                                                                
VICE  CHAIR  COGHILL  announced   that  without  objection,  CSSB                                                               
180(JUD)  is   reported  from   the  Senate   Judiciary  Standing                                                               
Committee.                                                                                                                      
                                                                                                                                
         SB 174-REG. OF FIREARMS/KNIVES BY UNIV. OF AK                                                                      
                                                                                                                                
2:44:42 PM                                                                                                                    
VICE CHAIR COGHILL returned to public testimony for SB 174.                                                                     
                                                                                                                                
2:44:58 PM                                                                                                                    
CARL  KANCIR, representing  himself, testified  in support  of SB                                                               
174. He  said an  armed society  is a safe  society. He  said the                                                               
college police  said they could  arrive at  a crime scene  in two                                                               
minutes, however,  he shared  his experience  in the  service and                                                               
opined that  campus police cannot get  there in time. He  gave an                                                               
example  of robbers  in a  bar. He  gave an  analogy of  a hockey                                                               
game. He maintained that concealed  carry is good for defense. He                                                               
shared a number of stories.                                                                                                     
                                                                                                                                
VICE  CHAIR COGHILL  thanked the  testifier  and held  SB 174  in                                                               
committee.                                                                                                                      
                                                                                                                                
2:50:36 PM                                                                                                                    
There being  no further  business to  come before  the committee,                                                               
Vice  Chair  Coghill  adjourned  the  Senate  Judiciary  Standing                                                               
Committee at 2:50 p.m.                                                                                                          

Document Name Date/Time Subjects
SB 174 FiscalNote.pdf SJUD 3/2/2016 1:30:00 PM
SB 174
SB 180 Legal Memo 2-26-16 judiciary questions.pdf SJUD 3/2/2016 1:30:00 PM
SB 180
SB 180 CS Draft version H.pdf SJUD 3/2/2016 1:30:00 PM
SB 180
SB 180 Back Up Safe Families One-Pager.pdf SJUD 3/2/2016 1:30:00 PM
SB 180
SB 174 Support Emails.pdf SJUD 3/2/2016 1:30:00 PM
SB 174
SB 174 Opposition Emails.pdf SJUD 3/2/2016 1:30:00 PM
SB 174
SB 174 Opposition Andree.msg SJUD 3/2/2016 1:30:00 PM
SB 174