Legislature(1995 - 1996)
02/27/1995 01:30 PM Senate JUD
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= bill was previously heard/scheduled
SENATE JUDICIARY COMMITTEE
February 27, 1995
1:30 p.m.
MEMBERS PRESENT
Senator Robin Taylor, Chairman
Senator Lyda Green, Vice-Chairman
Senator Mike Miller
Senator Al Adams
Senator Johnny Ellis
MEMBERS ABSENT
None
COMMITTEE CALENDAR
SENATE BILL NO. 46
"An Act revising the provision of law under which a minor may be
charged, prosecuted, and sentenced as an adult in the district
court, and adding to the list of offenses for which a minor may be
prosecuted as an adult in the district court."
SENATE BILL NO. 82
"An Act relating to revocation of a driver's license for illegal
possession or use of a controlled substance or illegal possession
or consumption of alcohol by a person at least 13 but not yet 21
years of age; and providing for an effective date."
SENATE BILL NO. 3
"An Act relating to an antitrust exemption for persons engaged in
the fishing industry."
CS FOR SENATE BILL NO. 21(RES)
"An Act relating to penalties for violations of commercial fishing
laws."
SENATE BILL NO. 14
"An Act relating to criminal mischief."
SENATE BILL NO. 10
"An Act revising Rule 16, Alaska Rules of Criminal Procedure,
relating to discovery and inspection in criminal proceedings, to
adopt the comparable federal rule."
PREVIOUS SENATE COMMITTEE ACTION
SB 46 No previous action.
SB 82 No previous action
SB 3 See Resources Committee minutes dated 1/25/95, 1/27/95,
2/3/95.
SB 21 See Resources Committee minutes dated 1/25/95 and 2/3/95.
SB 14 See Judiciary Committee minutes dated 2/1/95, 2/6/95, and
2/8/95.
SB 10 See Judiciary Committee minutes dated 2/6/95, 2/8/95, and
2/10/95.
WITNESS REGISTER
Margot Knuth
Assistant Attorney General
Criminal Division
Department of Law
P.O. Box 110300
Juneau,AK 99811-0300
POSITION STATEMENT: Testified in opposition to SB 46, in support
of SB 82, and answered questions on SB 14.
Jerry McCune
President
United Fishermen of Alaska
211 4th, No. 112
Juneau, Alaska 99801
POSITION STATEMENT: Testified in support of SB 3.
Dorne Hawxhurst
President
Cordova District Fishermen United
P.O. Box 939
Cordova, AK 99574
POSITION STATEMENT: Testified in support of SB 3.
Ed Crane
2550 Denali #1201
Anchorage, AK 99503
POSITION STATEMENT: Testified in support of SB 3.
Dwight Perkins
Special Assistant
Department of Labor
P.O. Box 21149
Juneau, AK 99802-1149
POSITION STATEMENT: Supports SB 3
Dean Paddock
Bristol Bay Driftnetters Assn.
P.O. Box 20312
Juneau, AK 99801
POSITION STATEMENT: Supports SB 3
Kelly Goode
Legislative Aide
State Capitol
Juneau, Alaska 99811
POSITION STATEMENT: Testified for sponsor of SB 21.
Dean Guaneli
Assistant Attorney General
Department of Law
P.O. Box 110300
Juneau, Alaska 99811-0300
POSITION STATEMENT: Testified in support of SB 10.
ACTION NARRATIVE
TAPE 95-8, SIDE A
Number 001
CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to
order at 2:00 p.m. The first order of business was SB 46.
SB 46
SJUD - 2/27/95
SB 46 PROSECUTE JUVENILE AS ADULT IN DIST. CT.
SENATOR TAYLOR, sponsor of SB 46, informed committee members he has
introduced SB 46 for the purpose of amending and cleaning up the
laws applicable to juveniles for which the juvenile is
automatically treated as an adult. Currently, juveniles are being
treated as adults for traffic violations, possession of tobacco,
fish and game offenses, and parks offenses. Alcohol offenses would
be treated the same way under SB 46. The juvenile would no longer
come under the jurisdiction of the Department of Health and Social
Services, but would be prosecuted in court. An ordinance passed by
the City and Borough of Sitka requires juveniles committing alcohol
offenses be charged with an infraction and fined up to $300. He
stated the community, including police officers and substance abuse
program workers, are satisfied with this approach to the problem.
SENATOR ADAMS commented he is opposed to SB 46 because he does not
feel juveniles should end up with criminal records for committing
the minor crime of drinking alcohol. He suggested looking at the
violation, since many teenagers do drink. He preferred reviewing
the juvenile justice system. He expressed concern that no fiscal
notes from the Departments of Law and Corrections have been
submitted despite the fact that approximately 1200 cases would be
added to their caseloads. He urged the committee to approach this
type of offense as a violation or an infraction.
Number 086
MARGOT KNUTH, Assistant Attorney General, Department of Law, gave
the following testimony. SB 46 would refer 1200 minor consuming
and minor in possession offenses to the District Court. She
estimated that many more offenses are committed, and as a result of
the enforcement of the "use it, lose it" law, passed last year, the
Division of Motor Vehicles (DMV) is receiving between 200 - 300
cases per month. Statistics from the Department of Health and
Social Services (DHSS) reveal the national average of children
between the ages of 12 - 17 consuming alcohol on a monthly basis is
20 percent, but in Alaska the number is 64 percent. If this
offense is classified as a misdemeanor, two-thirds of our youth
would begin their adult life with criminal records. From the
prosecutorial standpoint, classifying the offense as a violation
rather than a misdemeanor would prevent a criminal conviction on a
child's record and would allow for easier processing.
Number 140
SENATOR GREEN questioned where the problem lies and whether the law
should be changed. MS. KNUTH replied the community of Barrow is
generating statistics comparing the current number of alcohol
related prosecutions, domestic violence incidents, and inpatient
hospital visits before and after the ban on liquor. Those
statistics are showing the number of all of those offenses has
decreased substantially after the ban.
SENATOR TAYLOR expressed his frustration about the inability of the
system to address this problem when the number of people affected
is so large. He agreed with Senator Adams' and Ms. Knuth's
concerns regarding the fiscal impact. He suggested changing the
offense to an infraction, rather than a misdemeanor, and indicated
he would bring SB 46 with that change before the committee on
Wednesday.
SJUD - 2/27/95
SB 82 DRIVER'S LIC REVOCATION;ALCOHOL/DRUGS
The next order of business before the committee was SB 82. SENATOR
MILLER, sponsor of the measure, explained SB 82 is an expansion
upon the "use it, lose it" law passed during a previous session.
Under existing law, teenagers caught with alcohol lose their
drivers' licenses, but the existing law only applies to state
violations, and over one-half of the violations fall under
municipal ordinances. SB 82 allows municipalities to apply the
same provisions.
Number 200
MARGOT KNUTH testified on behalf of the Department of Law in
support of SB 82. She proposed an amendment which has been made on
the House version of the measure. The current law requires an
officer to have both probable cause and to observe the offender
using alcohol or a controlled substance. The legislative intent of
the law was not to require the police officer to observe the minor
in the act of using alcohol or the controlled substance, however
the law can be interpreted that way. The amendment would insert
the words "to believe" after the words "probable cause" on line 7,
page 1, and delete the words "and based on personal observation".
The same change would be made on page 2, line 17.
SENATOR MILLER moved the adoption of the amendment. There being no
objection, the motion passed.
Number 260
MS. KNUTH noted the House made a second amendment on page 2, line
23, which clarifies that the municipal ordinance must have
substantially similar provisions and specifies the violations as
the use of alcohol or a controlled substance. The committee took
no action on that amendment.
SENATOR GREEN moved SB 82 as amended out of committee with
individual recommendations. There being no objections, the motion
passed.
SJUD - 2/27/95
SB 3 ANTITRUST EXEMPTION FOR FISHERMEN
SENATOR DUNCAN, sponsor of SB 3, read a sponsor statement to the
committee. He noted the Senate passed an identical bill to SB 3
last year, however the measure did not reach the House floor for a
vote. SB 3 allows commercial fishermen to form associations to
collectively negotiate raw or processed fish prices with
processors, however it does not authorize processors to agree among
themselves. It only covers collective bargaining between fishermen
and a processor or a group of processors. SB 3 gives a state
antitrust exemption as a first step, which is necessary to
obtaining Congressional approval for a federal exemption. SB 3
would stabilize Alaska's fishing industry. SB 3 also removes
ambiguities between state and federal laws.
Number 339
JERRY McCUNE, President of the United Fishermen of Alaska,
testified in support of SB 3. He commented that during a strike in
Bristol Bay, the processors were invited to discussions, however
under the Sherman Antitrust law, processors cannot collectively
gather to discuss prices, therefore they were unable to
participate.
SENATOR TAYLOR expressed concern that the passage of SB 3 would
create a second step in which the processors will demand the same
exemption so that they can collectively gather to determine prices.
MR. McCUNE replied SB 3 forbids that practice, as does the federal
law. He added the fishermen are the self employed individuals
bargaining with the industry.
Number 367
SENATOR TAYLOR agreed, but pointed out that neither party can do
that under current law, therefore once one party is given the
exemption, the other might request the same. MR. McCUNE noted
processors can back out of negotiations and post a price.
DORNE HAWXHURST, President of Cordova District Fishermen United
(CDFU), testified in support of SB 3. She stated the CDFU supports
the measure for three reasons: it clarifies ambiguities in
existing state law; it evens the playing field for fishermen; and
it removes inconsistencies between federal and state laws.
Number 406
ED CRANE testified on his own behalf in support of SB 3. He
emphasized the strength of his personal conviction resulting from
his many years of involvement in agribusiness. He stated most
other states have an antitrust exemption and he felt SB 3 will help
to set the scene for changes necessary to the fishing industry as
they must have stability in supply and price to compete in world
food markets. He commented adversarial relationships between
harvesters and processors have to end, and SB 3 will help to make
that happen.
SENATOR TAYLOR asked Dwight Perkins and Dean Paddock if they were
opposed to SB 3. Both replied negatively, and Mr. Paddock noted he
strongly supported SB 3.
SENATOR GREEN moved SB 3 out of committee with individual
recommendations. There being no objection, the motion passed.
Number 442
SJUD - 2/27/95
SB 21 FINES FOR COMMERCIAL FISHING VIOLATIONS
KELLY GOODE, legislative aide to Senator Halford, reviewed SB 21
for the committee. CSSB 21 (RES) increases punishment for
violations of commercial fishing laws by adding a provision to
current law which increases the maximum fine allowable for third
and subsequent offenses. The maximum fine would be $9,000. A
stronger version of CSSB 21 (RES) passed the Senate last year.
There being no other witnesses wishing to testify, SENATOR MILLER
moved CSSB 21 (RES) out of committee with individual
recommendations. There being no objection, the motion passed.
SJUD - 2/27/95
SB 14 INCREASED PENALTIES FOR JOYRIDING
The committee took up the next order of business, SB 14. SENATOR
ADAMS asked for clarification regarding which version was under
discussion. SENATOR MILLER moved the adoption of Version G, dated
2/9/95, as the working version. There being no objection, the
motion passed.
Number 473
MARGOT KNUTH gave the following review of Version G of SB 14 for
committee members. Version G approaches the problem of joyriding
in Alaska in an incremental way. Joyriding offenses have doubled
over the past two years, creating a significant problem. The
original version of SB 14 changed the first joyriding offense to a
felony, however after the Departments of Law, Public Safety and
Health and Social Services expressed concern that the desired
results might not be achieved, different approaches have been
reviewed. Over one-half of the offenders are juveniles, therefore
the Department of Law (DOL) proposed those offenders be treated as
adults, as they are under current law if they are driving while
intoxicated.
MS. KNUTH gave a sectional analysis of the bill. In Section 1, a
first joyriding offense would be treated as a misdemeanor, however
a second offense would be considered a felony if the offender has
turned 18. The first misdemeanor offense would be counted against
the offender if he/she recommits. In Section 3, passengers riding
in a joyridden vehicle would be charged with a Class B misdemeanor.
Section 4 requires the court to order restitution for the victim
when the offense is committed by a juvenile offender. Section 5(f)
specifies that those offenders who are not in a felony class can
perform community work service in lieu of all but 24 hours of a
sentence of imprisonment. Section 6 imposes a mandatory 3 day
minimum jail sentence for the offense of joyriding, even as a
misdemeanor. Section 6 was added by the Division of Legal Services
to keep the sanctions for joyriding by juveniles consistent with
those for adults convicted of joyriding.
MS. KNUTH noted the DHSS and DOL are concerned about carrying over
the mandatory minimum 3 day jail sentence for juveniles since a
court could order a jail sentence for up to one year for a Class A
Misdemeanor. She asked that Sections 5 and 6 be removed so that
juvenile offenders would go to juvenile detention facilities if
they were sentenced to jail time.
Number 536
SENATOR TAYLOR moved to amend CSSB 14 (JUD) to delete Section 5 and
Section 6. There being no objection, the motion passed.
MS. KNUTH continued. Sections 7 and 8 allow the court to suspend
a person's driving privileges for the offense of joyriding.
SENATOR ADAMS questioned Senator Leman's amendment to delete that
provision (lines 15 - 18, page 4). MS. KNUTH noted those lines
contain no time frame, which may have been a technical error. She
explained, by adopting Senator Leman's amendment, a first joyriding
offense would bring a license revocation of 30 days, a second
offense would bring a 1 year revocation.
Number 572
SENATOR TAYLOR moved the adoption of Senator Leman's amendment to
delete on page 4, lines 15-18:
"Upon a subsequent conviction of a person for an offense
described in (a)(1) of this section, the court shall revoke
the person's license, privilege to drive, or privilege to
obtain a license and may not grant the person limited license
privileges."
SENATOR ADAMS requested that after changes are made, the bill be
held over to the next meeting to provide members adequate time to
review it. There was no opposition to that request. SENATOR
TAYLOR noted there being no objection to the adoption of the
amendment, the motion passed.
MS. KNUTH continued with the sectional analysis. She stated
Section 9 allows juveniles to be prosecuted in District Court, as
an adult, and if the offense is joyriding or passenger joyriding,
the offender will appear in District Court.
SENATOR TAYLOR announced CSSB 14 (JUD) would be held over until
Wednesday, March 1.
TAPE 95-9, Side A
SJUD - 2/17/95
SB 10 CRIMINAL DISCOVERY RULES
The committee took up SB 10 as the next order of business. SENATOR
MILLER moved the adoption of Version K, dated February 27, 1995, as
the working version. There being no objection, the motion passed.
SENATOR ADAMS questioned the need for SB 10 in light of the Supreme
Court ruling.
DEAN GUANELI, Assistant Attorney General, Department of Law,
testified. He explained that the Supreme Court reviewed and
adopted the Criminal Rules Committee recommendations and further
revised them. He noted some people, including John Salemi, felt
those changes did not go far enough, especially in the area of
criminal discovery rules. Neither the Criminal Rules Committee nor
the Supreme Court adopted Mr. Salemi's ideas. In addition, some of
the revisions the Supreme Court adopted make it even more difficult
for the prosecution to use information acquired from the defense.
For example, the Supreme Court included a sentence that reads,
"Information obtained by the prosecutors under this rule may be
used only for cross examination or rebuttal of defense testimony."
Mr. Guaneli explained that the prosecution could not use
information acquired by the defense on expert testimony until cross
examination or rebuttal occurs, which prevents prosecutors from
using such information in structuring cases. A second revision
affects expert testimony and requires the defense attorney to write
a summary of the expert's testimony for the prosecution. Mr.
Guaneli felt the summary to be of little use to the prosecution.
He felt these practices were objectionable.
MR. GUANELI explained that Version K of CSSB 10 (JUD) repeals and
reenacts Rule 16 of the Alaska Rules of Criminal Procedure instead
of setting out the new rule and showing the specific changes, which
is a change from previous versions.
Number 136
SENATOR ADAMS again questioned the need for SB 10.
SENATOR TAYLOR commented that SB 10 would make a subtle,
sophisticated policy change and he noted a bill requiring a two-
thirds majority vote recently failed on the Senate floor. He
commented that unless the committee is successful in achieving
something that has a strong working relationship on both sides of
the aisle, it would be a waste of time to put it to a full vote.
Secondly, he expressed concern that if the bill was passed into
law, the Supreme Court might rewrite the rule under the separation
of powers. He noted the Supreme Court was gracious in
accommodating the legislature by addressing the issue in a timely
manner.
Number 176
SENATOR MILLER reiterated the concern of adequate support for the
measure on the Senate floor.
SENATOR TAYLOR stated the bill would be held in committee.
There being no further business before the committee, SENATOR
TAYLOR adjourned the meeting at 3:04 p.m.
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