Legislature(2017 - 2018)BELTZ 105 (TSBldg)

04/16/2018 01:30 PM JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 134 TERMINATION OF PARENTAL RTS;GUARDIANS TELECONFERENCED
Moved SB 134 Out of Committee
+= HJR 21 FEDS RESPECT STATE REG OF MARIJUANA TELECONFERENCED
Moved SCS SSHJR 21(JUD) Out of Committee
+ HB 123 DISCLOSURE OF HEALTH CARE COSTS TELECONFERENCED
<Above Item Removed from Agenda>
+= HB 208 TRUSTS; COMM PROP TRUSTS; POWERS OF APPT TELECONFERENCED
<Above Item Removed from Agenda>
+ SB 81 DHSS CENT. REGISTRY;LICENSE;BCKGROUND CHK TELECONFERENCED
<Above Item Removed from Agenda>
+ Bills Previously Heard/Scheduled: TELECONFERENCED
+= HB 44 LEGISLATIVE ETHICS: VOTING & CONFLICTS TELECONFERENCED
Heard & Held
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         April 16, 2018                                                                                         
                           1:36 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator John Coghill, Chair                                                                                                     
Senator Bill Wielechowski                                                                                                       
Senator Mike Shower                                                                                                             
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Mia Costello                                                                                                            
Senator Pete Kelly                                                                                                              
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 134                                                                                                             
"An  Act  relating to  the  appointment  of guardians  ad  litem;                                                               
relating  to   petitions  and  proceedings  for   termination  of                                                               
parental  rights; and  amending Rules  1 and  6, Alaska  Adoption                                                               
Rules."                                                                                                                         
                                                                                                                                
     - MOVED SB 134 OUT OF COMMITTEE                                                                                            
                                                                                                                                
HOUSE JOINT RESOLUTION NO. 21                                                                                                   
Urging the  federal government  to respect  the authority  of the                                                               
state  to regulate  marijuana use,  production, and  distribution                                                               
and to honor  previous federal guidance on  marijuana policy; and                                                               
urging  the  federal  government  to reconsider  its  listing  of                                                               
marijuana as a schedule I controlled substance.                                                                                 
                                                                                                                                
     - MOVED SCS SSHJR 21(JUD) OUT OF COMMITTEE                                                                                 
                                                                                                                                
CS FOR SS FOR HOUSE BILL NO. 44(STA)                                                                                            
"An  Act  requiring  a  legislator  to  abstain  from  taking  or                                                               
withholding official  action or exerting official  influence that                                                               
could  benefit or  harm  an immediate  family  member or  certain                                                               
employers; and  requiring a legislator  to request to  be excused                                                               
from  voting in  an  instance  where the  legislator  may have  a                                                               
financial conflict of interest."                                                                                                
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 123(HSS)                                                                                
"An Act relating to disclosure of health care services and price                                                                
information; and providing for an effective date."                                                                              
                                                                                                                                
     - REMOVED FROM AGENDA                                                                                                      
                                                                                                                                
HOUSE BILL NO. 208                                                                                                              
"An Act relating to disclosure of health care services and price                                                                
information; and providing for an effective date."                                                                              
                                                                                                                                
     - REMOVED FROM AGENDA                                                                                                      
                                                                                                                                
SENATE BILL NO. 81                                                                                                              
"An Act relating to disclosure of health care services and price                                                                
information; and providing for an effective date."                                                                              
                                                                                                                                
     - REMOVED FROM AGENDA                                                                                                      
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 134                                                                                                                  
SHORT TITLE: TERMINATION OF PARENTAL RTS;GUARDIANS                                                                              
SPONSOR(s): SENATOR(s) GARDNER                                                                                                  
                                                                                                                                
01/16/18       (S)       PREFILE RELEASED 1/8/18                                                                                
01/16/18       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/16/18       (S)       HSS, JUD                                                                                               
04/06/18       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
04/06/18       (S)       Moved SB 134 Out of Committee                                                                          
04/06/18       (S)       MINUTE(HSS)                                                                                            
04/09/18       (S)       HSS RPT  3DP                                                                                           
04/09/18       (S)       DP: WILSON, BEGICH, GIESSEL                                                                            
04/10/18       (S)       JUD WAIVED PUBLIC HEARING NOTICE,RULE                                                                  
                         23                                                                                                     
04/11/18       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/11/18       (S)       Scheduled but Not Heard                                                                                
04/13/18       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/13/18       (S)       <Bill Hearing Canceled>                                                                                
04/16/18       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: HJR 21                                                                                                                  
SHORT TITLE: FEDS RESPECT STATE REG OF MARIJUANA                                                                                
SPONSOR(s): REPRESENTATIVE(s) GUTTENBERG                                                                                        
                                                                                                                                
04/16/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/16/17       (H)       JUD                                                                                                    
05/12/17       (H)       STA REPLACES JUD REFERRAL                                                                              
05/12/17       (H)       BILL REPRINTED 5/12/17                                                                                 
05/16/17       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
05/16/17       (H)       -- MEETING CANCELED --                                                                                 
02/05/18       (H)       SPONSOR SUBSTITUTE INTRODUCED                                                                          
02/05/18       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/05/18       (H)       STA                                                                                                    
02/13/18       (H)       STA AT 3:15 PM GRUENBERG 120                                                                           
02/13/18       (H)       Heard & Held                                                                                           
02/13/18       (H)       MINUTE(STA)                                                                                            
02/15/18       (H)       STA AT 3:15 PM GRUENBERG 120                                                                           
02/15/18       (H)       Moved SSHJR 21 Out of Committee                                                                        
02/15/18       (H)       MINUTE(STA)                                                                                            
02/16/18       (H)       STA RPT 1DP 5NR 1AM                                                                                    
02/16/18       (H)       DP: KREISS-TOMKINS                                                                                     
02/16/18       (H)       NR: TUCK, BIRCH, KNOPP, WOOL, JOHNSON                                                                  
02/16/18       (H)       AM: LEDOUX                                                                                             
03/19/18       (H)       TRANSMITTED TO (S)                                                                                     
03/19/18       (H)       VERSION: SSHJR 21                                                                                      
03/21/18       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/21/18       (S)       JUD                                                                                                    
04/04/18       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/04/18       (S)       Scheduled but Not Heard                                                                                
04/09/18       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/09/18       (S)       LEGISLATIVE ETHICS: VOTING & CONFLICTS                                                                 
04/10/18       (S)       JUD AT 9:00 AM BELTZ 105 (TSBldg)                                                                      
04/10/18       (S)       Heard & Held                                                                                           
04/10/18       (S)       MINUTE(JUD)                                                                                            
04/11/18       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/11/18       (S)       Scheduled but Not Heard                                                                                
04/13/18       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/13/18       (S)       <Bill Hearing Canceled>                                                                                
04/16/18       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: HB  44                                                                                                                  
SHORT TITLE: LEGISLATURE: ETHICS, CONFLICTS, PER DIEM                                                                           
SPONSOR(s): REPRESENTATIVE(s) GRENN                                                                                             
                                                                                                                                
01/18/17       (H)       PREFILE RELEASED 1/13/17                                                                               
01/18/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/18/17       (H)       JUD, FIN                                                                                               
01/23/17       (H)       SPONSOR SUBSTITUTE INTRODUCED                                                                          
01/23/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/23/17       (H)       JUD, FIN                                                                                               
01/25/17       (H)       STA REPLACES FIN REFERRAL                                                                              
01/25/17       (H)       BILL REPRINTED 1/25/17                                                                                 
01/25/17       (H)       JUD WAIVED PUBLIC HEARING NOTICE, RULE                                                                 
                         23(A)  FOR SSHB 44                                                                                     
01/25/17       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
01/25/17       (H)       AMEND UNIFORM RULES: ABSTAIN FROM                                                                      
                         VOTING                                                                                                 
01/27/17       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
01/27/17       (H)       Heard & Held                                                                                           
01/27/17       (H)       MINUTE(JUD)                                                                                            
01/30/17       (H)       JUD AT 1:30 PM GRUENBERG 120                                                                           
01/30/17       (H)       Heard & Held                                                                                           
01/30/17       (H)       MINUTE(JUD)                                                                                            
02/03/17       (H)       JUD AT 1:30 PM GRUENBERG 120                                                                           
02/03/17       (H)       Moved CSSSHB 44(JUD) Out of Committee                                                                  
02/03/17       (H)       MINUTE(JUD)                                                                                            
02/08/17       (H)       JUD RPT CS(JUD) 1DP 3DNP 3AM                                                                           
02/08/17       (H)       DP: LEDOUX                                                                                             
02/08/17       (H)       DNP: KOPP, EASTMAN, REINBOLD                                                                           
02/08/17       (H)       AM: KREISS-TOMKINS, FANSLER, CLAMAN                                                                    
02/18/17       (H)       STA AT 11:00 AM GRUENBERG 120                                                                          
02/18/17       (H)       Heard & Held                                                                                           
02/18/17       (H)       MINUTE(STA)                                                                                            
02/21/17       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
02/21/17       (H)       Heard & Held                                                                                           
02/21/17       (H)       MINUTE(STA)                                                                                            
02/21/17       (H)       STA AT 5:30 PM GRUENBERG 120                                                                           
02/21/17       (H)       Heard & Held                                                                                           
02/21/17       (H)       MINUTE(STA)                                                                                            
03/02/17       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
03/02/17       (H)       Heard & Held                                                                                           
03/02/17       (H)       MINUTE(STA)                                                                                            
03/07/17       (H)       STA AT 5:30 PM GRUENBERG 120                                                                           
03/07/17       (H)       Heard & Held                                                                                           
03/07/17       (H)       MINUTE(STA)                                                                                            
03/28/17       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
03/28/17       (H)       Moved CS SSHB 44(STA) Out of Committee                                                                 
03/28/17       (H)       MINUTE(STA)                                                                                            
04/03/17       (H)       STA RPT CS(STA) NT 3DP 1DNP 3NR                                                                        
04/03/17       (H)       DP: LEDOUX, TUCK, KREISS-TOMKINS                                                                       
04/03/17       (H)       DNP: BIRCH                                                                                             
04/03/17       (H)       NR: JOHNSON, WOOL, KNOPP                                                                               
04/08/17       (H)       SUSTAINED RULING OF CHAIR Y23 N16 E1                                                                   
04/08/17       (H)       BEFORE HOUSE IN SECOND READING                                                                         
04/08/17       (H)       TRANSMITTED TO (S)                                                                                     
04/08/17       (H)       VERSION: CSSSHB 44(STA)                                                                                
04/10/17       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/10/17       (S)       STA, JUD                                                                                               
02/20/18       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
02/20/18       (S)       Heard & Held                                                                                           
02/20/18       (S)       MINUTE(STA)                                                                                            
02/22/18       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
02/22/18       (S)       Heard & Held                                                                                           
02/22/18       (S)       MINUTE(STA)                                                                                            
03/23/18       (S)       FIN REFERRAL ADDED AFTER JUD                                                                           
03/27/18       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
03/27/18       (S)       Moved SCS CSSSHB 44(STA) Out of                                                                        
                         Committee                                                                                              
03/27/18       (S)       MINUTE(STA)                                                                                            
03/28/18       (S)       STA RPT SCS  1DP 1DNP 3NR   NEW TITLE                                                                  
03/28/18       (S)       DP: MEYER                                                                                              
03/28/18       (S)       DNP: WILSON                                                                                            
03/28/18       (S)       NR: GIESSEL, EGAN, COGHILL                                                                             
04/09/18       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/10/18       (S)       JUD AT 9:00 AM BELTZ 105 (TSBldg)                                                                      
04/10/18       (S)       Scheduled but Not Heard                                                                                
04/11/18       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/11/18       (S)       Scheduled but Not Heard                                                                                
04/13/18       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/13/18       (S)       Meeting Canceled                                                                                       
04/16/18       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
SENATOR BERTA GARDNER                                                                                                           
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Sponsor of SB 134                                                                                         
                                                                                                                                
NATHANIEL GRABMAN, Staff                                                                                                        
Senator Berta Gardner                                                                                                           
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Provided information about and delivered the                                                              
sectional analysis for SB 134.                                                                                                  
                                                                                                                                
NANCY MEADE, General Counsel                                                                                                    
Administrative Office                                                                                                           
Alaska Court System                                                                                                             
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Discussed the court rule change related to                                                                
SB 134.                                                                                                                         
                                                                                                                                
TRACY SPARTZ CAMPBELL, Deputy Director                                                                                          
Office of Children's Services (OCS)                                                                                             
Department of Health and Social Services (DHSS)                                                                                 
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified that  SB 134  will not  change the                                                             
way OCS currently does business.                                                                                                
                                                                                                                                
MILES CURTIS, representing self                                                                                                 
Petersburg, Alaska                                                                                                              
POSITION STATEMENT: Stated support for SB 134.                                                                                
                                                                                                                                
CHAD HUTCHINSON, Staff                                                                                                          
Senator John Coghill                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Reviewed the changes that  appear in version                                                             
J of HJR 21.                                                                                                                    
                                                                                                                                
REPRESENTATIVE DAVID GUTTENBERG                                                                                                 
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: As sponsor of  HJR 21, stated support for the                                                             
Senate CS.                                                                                                                      
                                                                                                                                
RYAN JOHNSTON, Staff                                                                                                            
Representative Jason Grenn                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION   STATEMENT:  Answered   questions   and  reviewed   the                                                             
sectional analysis for the Senate CS for HB 44.                                                                                 
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:36:58 PM                                                                                                                    
CHAIR  JOHN   COGHILL  called   the  Senate   Judiciary  Standing                                                             
Committee meeting  to order at 1:36  p.m. Present at the  call to                                                               
order were Senators Shower, Wielechowski, and Chair Coghill.                                                                    
                                                                                                                                
          SB 134-TERMINATION OF PARENTAL RTS;GUARDIANS                                                                      
                                                                                                                                
1:37:40 PM                                                                                                                    
CHAIR COGHILL  announced the  consideration of  SB 134.  He noted                                                               
there was one person online to testify on the bill.                                                                             
                                                                                                                                
1:38:12 PM                                                                                                                    
SENATOR BERTA GARDNER, Alaska  State Legislature, Juneau, Alaska,                                                               
sponsor  of SB  134,  advised  that the  gentleman  on the  phone                                                               
brought  the issue  to  her attention,  but the  bill  is not  an                                                               
attempt to intervene  in his ongoing case about  a custody issue.                                                               
That contact did  highlight the issue about  parental rights when                                                               
a  child  is the  result  of  rape  or sexual  assault.  Existing                                                               
statutes  do cover  this. Parental  rights may  be terminated  in                                                               
three  ways: 1)  a child  in need  of aid  (CINA) case  where the                                                               
child has  been abused, neglected,  or abandoned; 2) a  child can                                                               
be freed  for adoption under  certain circumstances; and  3) when                                                               
the child is  conceived in rape. The problem is  that despite the                                                               
statutory language, some people  dispute that parental rights can                                                               
be terminated based on the  child's conception. The bill seeks to                                                               
clarify the  existing policy that termination  of parental rights                                                               
should be  with court approval and  in the best interests  of the                                                               
child. Not many  Alaskans are affected by this, but  it is a huge                                                               
issue for the people that are.                                                                                                  
                                                                                                                                
She said we  believe it is important for a  women who is pregnant                                                               
by rape  to be confident that  she can avoid being  locked into a                                                               
long-term  relationship with  the  person who  raped  her if  she                                                               
chooses  to keep  the  child.  She noted  that  the statutes  are                                                               
gender neutral.                                                                                                                 
                                                                                                                                
1:41:21 PM                                                                                                                    
NATHANIEL  GRABMAN, Staff,  Senator Berta  Gardner, Alaska  State                                                               
Legislature,   Juneau,   Alaska,   stated   that   in   1987   AS                                                               
25.23.180(c)(3)  was  enacted.  The  legislative  intent  was  to                                                               
create a mechanism  for a woman to terminate  the parental rights                                                               
of a  father. In  2015, Congress passed  the Rape  Survivor Child                                                               
Custody  Act that  allocated money  for states  that passed  laws                                                               
that  allowed for  the termination  of parental  rights in  cases                                                               
where the child  was conceived in rape. Alaska  has received that                                                               
money each of the last two  fiscal years and recently applied for                                                               
the upcoming  year. The reason for  the bill is that  AS 25.23 is                                                               
specific to  adoption and  some family  law attorneys  and judges                                                               
may be unaware  of the provision to terminate  parental rights in                                                               
the  circumstance  of  rape.  In   at  least  one  case  a  judge                                                               
interpreted the statute  as not relevant to a case  which did not                                                               
involve adoption  or Child in  Need of Aid proceedings.  The bill                                                               
seeks to  clarify the  existing language  and raise  awareness of                                                               
its existence.                                                                                                                  
                                                                                                                                
CHAIR  COGHILL asked  Mr.  Grabman to  go  through the  sectional                                                               
focusing on the key element and conforming parts.                                                                               
                                                                                                                                
1:43:43 PM                                                                                                                    
MR.  GRABMAN said  most of  the  sections in  the bill  reference                                                               
Section 11 so he would start there.                                                                                             
                                                                                                                                
      Section 11. Restructures AS 25.23.180(c) to clarify                                                                     
     that termination for parental rights may be ordered in                                                                     
     an independent proceeding on the  grounds that a parent                                                                    
     committed  an act  constituting sexual  assault, sexual                                                                    
     abuse  of  a minor,  or  incest  that resulted  in  the                                                                    
     conception of a child.                                                                                                     
                                                                                                                                
                                                                                                                                
     Sections 1 and 2. are conforming language.                                                                               
                                                                                                                                
     Section 3.  Authorizes the court to  appoint a guardian                                                                  
     ad  litem   for  cases  involving  petitions   for  the                                                                    
     termination  of parental  rights  of a  parent who  has                                                                    
     committed  an act  constituting sexual  assault, sexual                                                                    
     abuse  of  a minor,  or  incest  that resulted  in  the                                                                    
     conception of a child under section 11 of this bill.                                                                       
                                                                                                                                
     Sections 4 through 10. are conforming language.                                                                          
                                                                                                                                
     Sections 12 through 15. are conforming language.                                                                         
                                                                                                                                
     Section 16.  Adds a new  subsection to AS  25.23.180 to                                                                  
     clarify  that a  petition for  termination of  parental                                                                    
     rights for the  grounds specified in section  11 of the                                                                    
     bill   may  be   filed  to   initiate  an   independent                                                                    
     proceeding not connected to a  petition for adoption or                                                                    
     a proceeding under AS 47.10.                                                                                               
                                                                                                                                
     Section 17. is conforming language.                                                                                    
                                                                                                                                
     Section 18.  Describes how AS 25.23.180,  as amended by                                                                  
     this bill, has the effect of changing court rules.                                                                         
                                                                                                                                
He noted that  the Tracy Spartz Campbell, the  deputy director of                                                               
the Office of  Children's Services, and Nancy  Meade, the general                                                               
counsel of the Court System, were available to answer questions.                                                                
                                                                                                                                
1:45:44 PM                                                                                                                    
CHAIR COGHILL  asked Ms. Meade  to talk  about the effect  of the                                                               
court rule modification and how the new petition will work.                                                                     
                                                                                                                                
1:46:23 PM                                                                                                                    
NANCY  MEADE,  General  Counsel,  Administrative  Office,  Alaska                                                               
Court  System,  Anchorage,  Alaska, explained  that  because  the                                                               
court has  rules on a similar  subject in the adoption  area, the                                                               
court will look at whether  this statutory change would cause the                                                               
court to  change the  wording in the  court rule.  Generally, the                                                               
court puts  a notation on the  rule so people know  they can take                                                               
advantage of  this statutory process.  Thus, a direct  court rule                                                               
change may not be necessary.                                                                                                    
                                                                                                                                
CHAIR COGHILL asked  if the petition for  termination of parental                                                               
rights referenced in  Section 16 is in existing  statute that the                                                               
bill makes it more explicit.                                                                                                    
                                                                                                                                
MS. MEADE  said yes. If the  bill passes, the court  will look at                                                               
whether the existing petition to  terminate parental rights needs                                                               
modification to  accommodate termination  in the  circumstance of                                                               
rape.                                                                                                                           
                                                                                                                                
1:48:46 PM                                                                                                                    
CHAIR COGHILL  asked Tracy Spartz  Campbell if the  proceeding in                                                               
AS 47.10  referenced in Section  11 is a common  civil proceeding                                                               
for terminating parental rights.                                                                                                
                                                                                                                                
TRACY  SPARTZ CAMPBELL,  Deputy  Director,  Office of  Children's                                                               
Services (OCS), Department of Health  and Social Services (DHSS),                                                               
Juneau, Alaska said that's correct.                                                                                             
                                                                                                                                
CHAIR COGHILL asked if it asks for any new information.                                                                         
                                                                                                                                
MS.  SPARTZ CAMPBELL  replied we  don't  see that  the bill  will                                                               
change the way OCS currently does business.                                                                                     
                                                                                                                                
1:49:41 PM                                                                                                                    
CHAIR COGHILL opened public testimony on SB 134.                                                                                
                                                                                                                                
1:50:04 PM                                                                                                                    
MILES  CURTIS,  representing  self,  Petersburg,  Alaska,  stated                                                               
support for  SB 134.  He said  he is the  grandfather of  a child                                                               
conceived in  rape and his  family has  been involved in  a five-                                                               
year custody  battle. His daughter  was young when she  was raped                                                               
and he raised the  child for the first six years.  At age six the                                                               
child was  placed with  the offender in  Petersburg. He  said the                                                               
custody battle  will probably go  on until the child  reaches age                                                               
18.  The  court  did  not recognize  the  existing  law.  Senator                                                               
Gardner's bill  will clarify  the law  but it  is not  the higher                                                               
standard  that  other  states   are  implementing.  He  suggested                                                               
amending the language  to require the unfit parent  to prove they                                                               
are  fit. He  said the  biggest  issue in  his case  is that  the                                                               
abuser has  court support and can  continue to be abusive  to the                                                               
victim.  He  would  like  a statutory  amendment  to  change  the                                                               
court's  direction. For  example, Washington  State passed  a law                                                               
making  it  easier for  the  victim  to  petition the  court  for                                                               
termination outside the custody case.  He continued to relate the                                                               
particulars in his case.                                                                                                        
                                                                                                                                
CHAIR COGHILL asked the sponsor if she had any final comments.                                                                  
                                                                                                                                
1:56:36 PM                                                                                                                    
SENATOR GARDNER said Mr. Curtis  has a heartbreaking tale and was                                                               
instrumental  in bringing  the issue  to her  attention, but  the                                                               
bill  is not  trying to  influence his  case. She  agreed that  a                                                               
person who  has a child as  a result of rape  should have control                                                               
over any contact afterwards. It  is also appropriate that a judge                                                               
should make  the determination  assisted by  a guardian  ad litem                                                               
who  makes recommendations  about  what is  in  the child's  best                                                               
interest.                                                                                                                       
                                                                                                                                
1:58:10 PM                                                                                                                    
CHAIR COGHILL said he was willing to move the bill.                                                                             
                                                                                                                                
1:58:54 PM                                                                                                                    
SENATOR  WIELECHOWSKI moved  to report  SB 134,  version A,  from                                                               
committee  with   individual  recommendations  and   zero  fiscal                                                               
note(s).                                                                                                                        
                                                                                                                                
CHAIR  COGHILL announced  that without  objection,  SB 134  moved                                                               
from the Senate Judiciary Standing Committee.                                                                                   
                                                                                                                                
1:59:25 PM                                                                                                                    
AT ease                                                                                                                         
                                                                                                                                
            HJR 21-FEDS RESPECT STATE REG OF MARIJUANA                                                                      
                                                                                                                                
2:00:43 PM                                                                                                                    
CHAIR   COGHILL  reconvened   the  meeting   and  announced   the                                                               
consideration  of  HJR  21.  He   noted  the  proposed  committee                                                               
substitute (CS).                                                                                                                
                                                                                                                                
2:01:11 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
2:01:31 PM                                                                                                                    
CHAIR COGHILL reconvened the meeting.                                                                                           
                                                                                                                                
SENATOR WIELECHOWSKI moved  to adopt the Senate CS  for SSHJR 21,                                                               
version 30-LS0820\J, as the working document.                                                                                   
                                                                                                                                
CHAIR COGHILL objected for an explanation of the changes.                                                                       
                                                                                                                                
2:02:10 PM                                                                                                                    
CHAD  HUTCHINSON,  Staff,  Senator  John  Coghill,  Alaska  State                                                               
Legislature, Juneau,  Alaska, said  the CS makes  two substantive                                                               
changes  that  resulted   in  a  title  change.   The  new  title                                                               
eliminates the words  "and to honor previous  federal guidance on                                                               
marijuana policy".                                                                                                              
                                                                                                                                
The first substantive change is to  the last   hereas  on page 3.                                                               
It  replaces the  phrase,  "undermines  federal priorities"  with                                                               
"demonstrates a need  to address federal law".  The second change                                                               
is in the  "Be It Resolved" provision on page  3. It replaces the                                                               
phrase  "in  keeping  with  the  federal  enforcement  priorities                                                               
enumerated in  the United States  Department of  Justice's August                                                               
29, 2013, memorandum" with "and  urges the United States Congress                                                               
to address these issues while respecting states' rights".                                                                       
                                                                                                                                
2:04:36 PM                                                                                                                    
REPRESENTATIVE  DAVID   GUTTENBERG,  Alaska   State  Legislature,                                                               
Juneau, Alaska, sponsor of HJR 21, said he supports the changes.                                                                
                                                                                                                                
CHAIR COGHILL  said he was trying  to tell Congress it  had to do                                                               
something about this.                                                                                                           
                                                                                                                                
He removed his objection and version  J was adopted. He asked the                                                               
sponsor if he had final comments.                                                                                               
                                                                                                                                
2:06:03 PM                                                                                                                    
REPRESENTATIVE  GUTTENBERG said  the  resolution articulates  the                                                               
legislature's position  that it wants this  conflict resolved. It                                                               
passed the other body unanimously.                                                                                              
                                                                                                                                
2:06:48 PM                                                                                                                    
SENATOR WIELECHOWSKI moved to report  the Senate CS for SSHJR 21,                                                               
version  J, from  committee with  individual recommendations  and                                                               
attached zero fiscal note(s).                                                                                                   
                                                                                                                                
CHAIR COGHILL announced that  without objection, SCS SSHJR21(JUD)                                                               
moved from the Senate Judiciary Standing Committee.                                                                             
                                                                                                                                
2:07:12 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
         HB  44-LEGISLATIVE ETHICS: VOTING & CONFLICTS                                                                      
                                                                                                                                
2:08:19 PM                                                                                                                    
CHAIR   COGHILL  reconvened   the  meeting   and  announced   the                                                               
consideration  of  HB 44.  [SCS  CSSSHB  44(STA) was  before  the                                                               
committee.]   He  noted   that   the   State  Affairs   Committee                                                               
significantly changed the bill.                                                                                                 
                                                                                                                                
2:08:58 PM                                                                                                                    
RYAN JOHNSTON, Staff, Representative Jason Grenn, Alaska State                                                                  
Legislature, Juneau, Alaska,  reviewed the following changes                                                                    
from version R to version N and for HB 44:                                                                                      
                                                                                                                                
     The  sections  of  Version  R   can  be  found  in  the                                                                    
     corresponding sections of Version N                                                                                        
     ? Ver R  Section 1 corresponds with Section 7  in ver N                                                                    
     ? Ver R  Section 2 corresponds with Section 8  in ver N                                                                    
     ? Ver R  Section 3 corresponds with Section 9  in ver N                                                                    
     ? Ver R Section 4 corresponds with Section 11 in ver N                                                                     
                                                                                                                                
     The new sections of the bill include:                                                                                      
                                                                                                                                
     Sections  1 and  2 prohibits  foreign corporations  and                                                                  
     nationals from making  political expenditures on behalf                                                                    
     of candidates in state elections.                                                                                          
                                                                                                                                
     Section 3,  page 6 lines  5-12, amends  AS 24.10.120(a)                                                                  
     to implement  a stricter policy on  legislative foreign                                                                    
     travel.                                                                                                                    
                                                                                                                                
     Section 4,  page 6 lines  5-12, amends  AS 24.10.130(b)                                                                  
     so there will be no  per diem for legislators after 121                                                                    
     days if the budget has not been passed                                                                                     
                                                                                                                                
     Section 5,  page 6 lines 25-31,  amends AS 24.10.130(c)                                                                  
     to direct the  Legislative Council to adopt  a per diem                                                                    
     policy in accordance with section 4 of the bill.                                                                           
                                                                                                                                
     Section 6,  page 8 lines  1-12, amends  AS 24.45.121(a)                                                                  
     to  read  that a  lobbyist  may  only purchase  a  non-                                                                    
     alcoholic beverage for a legislator.                                                                                       
                                                                                                                                
     Section 10,  page 9, amends AS  24.10.120(a) to clarify                                                                  
     that a  Legislator can accept a  non-alcoholic beverage                                                                    
     from a lobbyist.                                                                                                           
                                                                                                                                
     Section 12,  page 11 line 4-19,  amends AS 39.23.540(d)                                                                  
     to include the  new stipulations on per  diem set forth                                                                    
     in section 4.                                                                                                              
                                                                                                                                
     Section 13, page 11, line 20, repeals AS 24.10.051(b).                                                                   
                                                                                                                                
     Section 14, page 11 lines  21-24, amends the uncodified                                                                  
     law of the State of  Alaska to direct the Alaska Public                                                                    
     Office  Commission to  adopt the  necessary regulations                                                                    
     to implement sections 1 and 2 of this bill.                                                                                
                                                                                                                                
     Section 15, page 11 lines  27-31, amends the uncodified                                                                  
     law  of  the State  of  Alaska  to  state that  if  any                                                                    
     section of  this bill is  found invalid, then  the rest                                                                    
     of the bill will not be affected.                                                                                          
                                                                                                                                
     Section 16, page  12 line 1, states that  section 14 of                                                                  
     the bill  will take effect immediately  upon the bill's                                                                    
     passage.                                                                                                                   
                                                                                                                                
     Section 17, page 12 line  2, changes the effective date                                                                  
     to July 1, 2018.                                                                                                           
                                                                                                                                
2:11:49 PM                                                                                                                    
CHAIR  COGHILL  said  he understands  that  the  only  difference                                                               
between the initiative and the bill  is the de minimis value of a                                                               
meal versus the $15 amount which is in statute.                                                                                 
                                                                                                                                
MR. JOHNSTON agreed.                                                                                                            
                                                                                                                                
2:12:55 PM                                                                                                                    
SENATOR  WIELECHOWSKI asked  if the  sponsor supports  the Senate                                                               
committee substitute.                                                                                                           
                                                                                                                                
MR. JOHNSTON replied, "The Representative  is appreciative of the                                                               
conversation  that goes  on with  this bill  and appreciates  the                                                               
ability  to speak  before the  committee and  apologizes that  he                                                               
can't be here currently."                                                                                                       
                                                                                                                                
SENATOR  WIELECHOWSKI  commented that  it  was  a good  political                                                               
answer.                                                                                                                         
                                                                                                                                
CHAIR COGHILL  said he'd like to  dialog with the sponsor  on the                                                               
record about the policy calls.  He offered his perspective of the                                                               
per  diem  provision.  He  struggles  with  it  because  extended                                                               
sessions aren't always within the  legislature's control. He said                                                               
he  can understand  why some  people don't  support international                                                               
travel,  but   "whether  we   like  it  or   not  Alaska   is  an                                                               
international  state." Its  largest trading  partners are  China,                                                               
Japan,  Korea,  and  Canada. Furthermore,  Alaska  is  an  Arctic                                                               
state, the Pacific  fishery is international, and  tourism has an                                                               
international flavor.  He said he  would study the  language, but                                                               
to exclude  the impact an  international conversation  might have                                                               
on a  campaign might  be unwise. He  opined that  legislators may                                                               
need   to   be   part   of  both   national   and   international                                                               
organizations. He said he understands  that money is perceived as                                                               
buying elections, but it's up  to the integrity of the individual                                                               
whether  the  money  is  used  as a  voice  to  communicate  with                                                               
constituents or if it's used to drive special interests.                                                                        
                                                                                                                                
2:19:40 PM                                                                                                                    
SENATOR  WIELECHOWSKI asked  if  there is  any  legal opinion  or                                                               
consultation about whether the current  version of the bill would                                                               
take the initiative off the ballot.                                                                                             
                                                                                                                                
MR. JOHNSTON  responded that the  Senate State  Affairs Committee                                                               
received a legal  memo that said the current version  of the bill                                                               
satisfies the  intent of the  initiative. However, it  would rest                                                               
on a court case. He offered to supply a copy of the memo.                                                                       
                                                                                                                                
CHAIR   COGHILL  advised   that  the   3/21/18  memorandum   from                                                               
legislative attorney Dan Wayne is in the packets.                                                                               
                                                                                                                                
SENATOR  WIELECHOWSKI said  he  read  the memo  and  it seems  to                                                               
address  constitutional issues  as  opposed to  whether it  would                                                               
take the initiative off the ballot.                                                                                             
                                                                                                                                
2:21:40 PM                                                                                                                    
MR.  JOHNSTON  said  any constitutional  concerns  will  only  be                                                               
resolved through  a court case.  He offered to have  someone from                                                               
the lieutenant governor's office come  and talk about its finding                                                               
that the initiative was not unconstitutional.                                                                                   
                                                                                                                                
CHAIR  COGHILL  relayed  that  testimony  in  the  State  Affairs                                                               
Committee was  that being constitutional  to go on the  ballot is                                                               
one question and  whether the policy calls  are constitutional is                                                               
another,  larger   question.  Legal  advice  on   that  point  is                                                               
warranted.                                                                                                                      
                                                                                                                                
SENATOR WIELECHOWSKI noted  that the memo did  raise the question                                                               
about  the effect  of the  bill  in an  initiative election.  The                                                               
conclusion is  not a slam dunk  in either direction, but  it does                                                               
say the court would probably  find the bill passes the three-part                                                               
test.                                                                                                                           
                                                                                                                                
CHAIR  COGHILL  shared  that  he  is not  a  fan  of  either  the                                                               
initiative or  the bill because  of the restrictions that  may be                                                               
outside legislators'  control. It also supposes  the authority of                                                               
lobbyists that  may not be  entirely accurate. He  reiterated the                                                               
request to  have a dialog on  the record with the  sponsor during                                                               
the 9:00 a.m. meeting tomorrow.                                                                                                 
                                                                                                                                
MR. JOHNSTON said  the sponsor has a Finance meeting  at the same                                                               
time but he would do his best.                                                                                                  
                                                                                                                                
2:26:05 PM                                                                                                                    
CHAIR COGHILL held HB 44 in committee for further consideration.                                                                
                                                                                                                                
2:27:03 PM                                                                                                                    
There being  no further  business to  come before  the committee,                                                               
Chair Coghill  adjourned the Senate Judiciary  Standing Committee                                                               
meeting at 2:27.                                                                                                                

Document Name Date/Time Subjects
HB 44 - Explanation of Changes (ver. R to ver. N).pdf SJUD 4/16/2018 1:30:00 PM
HB 44
CS to HJR 21 - Version J.pdf SJUD 4/16/2018 1:30:00 PM
HJR 21
SB 134 - Sponsor Statement.pdf SJUD 4/16/2018 1:30:00 PM
SB 134
SB 134 - Sectional Analysis (ver. A).pdf SJUD 4/16/2018 1:30:00 PM
SB 134
SB 134 - Supporting Document - Economist - A Question of Proof.pdf SJUD 4/16/2018 1:30:00 PM
SB 134
SB 134 - Supporting Document - CNN Article.pdf SJUD 4/16/2018 1:30:00 PM
SB 134
SB 134 - Supporting Document - Examples Where AS is Misinterpreted.pdf SJUD 4/16/2018 1:30:00 PM
SB 134
SB 134 - Supporting Document - Leg. Research Report.pdf SJUD 4/16/2018 1:30:00 PM
SB 134
SB 134 - Supporting Document - Juneau Empire Article.pdf SJUD 4/16/2018 1:30:00 PM
SB 134
SB 134 - Letter of Support - Miles Curtis.pdf SJUD 4/16/2018 1:30:00 PM
SB 134