Legislature(1995 - 1996)
03/17/1995 02:59 PM Senate JUD
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SENATE JUDICIARY COMMITTEE
March 17, 1995
2:59 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. 106
"An Act prohibiting the employment of minors at striptease
businesses."
SENATE BILL NO. 85
"An Act making corrective amendments to the Alaska Statutes as
recommended by the revisor of statutes; and providing for an
effective date."
SENATE BILL NO. 26
"An Act providing for automatic waiver of juvenile jurisdiction and
prosecution of minors as adults for certain violations of laws by
minors who use firearms to commit criminal offenses and relating to
the sealing of the records of those minors."
SENATE BILL NO. 27
"An Act relating to child visitation rights of grandparents and
other persons who are not the parents of the child."
SENATE JOINT RESOLUTION NO. 14 - SCHEDULED BUT NOT HEARD
Proposing an amendment to the Constitution of the State of Alaska
relating to certain public corporations.
PREVIOUS SENATE COMMITTEE ACTION
SB 106 - No previous action.
SB 85 - See State Affairs minutes dated 3/7/95.
SB 26 - No previous action.
SB 27 - See Health, Education & Social Services minutes dated
3/1/94.
WITNESS REGISTER
Senator Dave Donley
Alaska State Capitol
Juneau, Alaska 99811
POSITION STATEMENT: Sponsor of SB 26 and SB 27
Pamela Finley
Division of Legal Services
Legislative Affairs Agency
130 Seward St., Suite 509
Juneau, Alaska 99811
POSITION STATEMENT: Answered questions on SB 85
Dwight Perkins
Department of Labor
P.O. Box 21149
Juneau, Alaska 99802-1149
POSITION STATEMENT: Supports SB 106
Kathy Tibbles
Division of Family & Youth Services
Dept. of Health & Social Services
P.O. Box 110630
Juneau, Alaska 99811-0630
POSITION STATEMENT: Opposed to SB 26, supported SB 27
Margot Knuth
Assistant Attorney General
Department of Law
P.O. Box 110300
Juneau,AK 99811-0300
POSITION STATEMENT: Opposed to SB 26
Yona Hall
AARP
3590 Glacier Highway
Juneau, AK 99801
POSITION STATEMENT: Supports SB 27
ACTION NARRATIVE
TAPE 95-12, SIDE A
Number 001
SJUD - 3/17/95
SB 106 PROHIBIT EMPLOY MINORS AT STRIP TEASE
CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to
order at 2:59 p.m. The first bill before the committee was SB 106,
sponsored by Senator Miller.
SENATOR MILLER informed committee members that a situation in
Fairbanks was brought to his attention that was the impetus for SB
106. Later in the year the same situation was occurring in
Anchorage and could be in the Kenai in the near future. He
explained there are strip tease businesses that do not serve
alcohol and as a result are able to get around age limits when
hiring employees. In the Fairbanks case, a 16 year old year was
found to be working in a strip tease joint. Also, because no
alcohol beverages are served there is no age limit on individuals
who may frequent these establishments.
SENATOR MILLER commented on the committee substitute. Section 1
states an individual must be 18 years old or older to enter an
establishment that offers adult entertainment. Section 2 states a
minor may be employed in the entertainment industry, but specifies
that an individual must be 18 to be employed in the adult
entertainment industry,and it contains a list of the types of
businesses in that industry.
SENATOR MILLER noted the Department of Labor supports the bill, but
has proposed an amendment to raise the age of employment to 21. He
stated he supports the amendment but did not want to jeopardize the
legislation from passing because of the serious need for the
legislation.
Number 071
SENATOR GREEN moved to adopt the committee substitute for SB 106
(Cramer, 3/17/95). There being no objection, the committee
substitute was adopted.
DWIGHT PERKINS, Department of Labor, testified in support of CSSB
106 (JUD). He stated the Department has recently found clubs
operating in Fairbanks and Anchorage employing minors who are
usually runaways or disadvantaged youth. He explained that both
employers and employees fill out parts of work permits. Generally
the parents fill out the part for the employee, however this is not
done in these cases.
SENATOR MILLER noted KIDPAC and the Womens' Lobby were supportive
of CSSB 106 (JUD). He moved adoption of the amendment (Cramer,
3/17/95) which changes the definition of "minors" from youth under
age 18 to youth under age 21. SENATOR ADAMS objected and
questioned why an 18 year old who is finished with high school
should not be able to choose where he/she works.
Number 132
SENATOR MILLER stated he understood the objection and although he
supported the amendment, he felt leaving it at age 18 to be better
than what is currently allowed.
SENATOR DONLEY questioned whether the amendment had been reviewed
by the Department of Law. SENATOR MILLER replied it has been
reviewed by the Department of Labor and the Department of Law.
SENATOR DONLEY commented terms such as "adult entertainment" are
difficult to define, and noted that modern dance could fall under
the definition. He expressed concern that the definition may go
too far.
SENATOR MILLER replied some definition is necessary to create
standards. He added that many of the standards in the definition
are from the obscenity statutes passed last year. He felt the
prosecution would have to make judgement calls to some extent, but
reiterated some standards are better than none.
SENATOR TAYLOR announced that a thorough review by the Department
of Law of the definitions to clarify what activities are illegal,
and whether or not they are enforceable, needs to be conducted
before the bill is scheduled for a vote on the Senate floor.
SENATOR GREEN asked for clarification of the definition of the word
"minor." SENATOR TAYLOR explained there is a whole series of
definitions for people at various ages, but generically, a youth
below the age of 18 is considered a minor. After that age, an
individual can vote and enter into a contract, and it is the cutoff
age for criminal activity.
Number 222
SENATOR MILLER expressed concern that the proposed amendment might
cast a lot of doubt on the bill because of the 18 - 21 year old
issue. He withdrew his motion to adopt the amendment. There being
no objection, the amendment was withdrawn.
SENATOR ADAMS noted the penalty provision in Section 4 carries a 90
day prison sentence. He questioned the lack of support for prison
funding. SENATOR MILLER commented the Departments have submitted
zero fiscal notes, therefore he assumed the measure could be
implemented without cost to the state.
SENATOR TAYLOR noted he supported additional funding for prisons.
SENATOR ADAMS commented Senator Taylor was one of the few brilliant
people on the floor that day.
Number 261
SENATOR GREEN moved CSSB 106 (JUD) out of committee with individual
recommendations. There being no objection, the motion carried.
SJUD - 3/17/95
SB 85 1995 REVISOR BILL
Pamela Finley, Assistant Revisor of the Division of Legal Services,
testified on CSSB 85 (STA). She explained committee packets
contained three amendments, entitled F1, F2, and F3. She asked
committee members if they had any questions on the State Affairs
committee substitute.
Number 275
SENATOR ADAMS asked about Section 19. MS. FINLEY commented
Section 19 deals with APOC disclosures. She explained all of the
subsections in AS 39.50.030 (b) refer back to activities conducted
in the previous calendar year. The Attorney General's Office
pointed out that Subsection (6) does not contain that provision,
and ought to because it would be unreasonable to expect an
individual to disclose loans that were paid off 10 or 20 years ago.
The Attorney General's Office suggested the inclusion of a time
limit, but because of the way the subsection is structured it would
be difficult to include a time limit in the middle of the
paragraph. She also noted it was unclear that the $500 limitation
applied to loans or loan guarantees. To clarify the subsection,
the $500 limit was included in the first sentence, and the previous
calendar year provision was included at the end of the paragraph.
Number 292
SENATOR ADAMS questioned how that change would apply to a person
who has been a resident of the state for the past ten years. MS.
FINLEY replied it would require the disclosure of a loan/loan
guarantee or indebtedness only if that loan or loan guarantee was
made or the indebtedness was incurred during the preceding calendar
year, or if the amount owed was in excess of $500 during the
previous calendar year. She expressed concern about this section
but stated she thought it fixes the problem without changing the
way things happen. She commented the section tracks the regulation
and the APOC reviewed it without concern.
SENATOR TAYLOR asked Ms. Finley to return to the committee on
Monday to continue the review of CSSB 85 (STA), in order to give
committee members more time to review it.
Number 317
SJUD - 3/17/95
SB 26 OFFENSES BY JUVENILE USING FIREARMS
SENATOR DONLEY, sponsor of SB 26, testified before the committee.
He stated in Anchorage there is a clear problem with juveniles
bringing guns to school. Progress has been made over the past
eight years in decreasing the problem, but police are concerned
about the fact that the penalty is not a significant deterrent as
offenders are treated through the juvenile process. SB 26 is aimed
at second-time firearm violation offenders, and would require them
to be waived into adult court.
Number 340
SENATOR DONLEY stated there are a lot of suspensions occurring in
Anchorage. He noted there is a new federal mandate relating to
firearm offenders in educational facilities. He explained SB 26
deals with all firearms violations, not only those at educational
facilities. He added that six years ago a law was passed which
made it illegal to have a firearm on school property, but because
the offenders are juveniles, the penalties are ineffective. Even
when students were expelled, they were allowed to re-enroll in
another school in the same school district after a certain period
of time.
Number 376
SENATOR ADAMS asked what the penalty would be for the second
offense. SENATOR DONLEY clarified it would depend on the crime.
The range would be huge, and would include a felony for armed
robbery. SENATOR TAYLOR asked what the penalty would be for
bringing a gun to school for the second time. SENATOR DONLEY
replied it is a misdemeanor.
Number 390
SENATOR GREEN noted that in conversations with judges, they have
expressed great frustration that serious offenses by juveniles
remain sealed. SENATOR DONLEY replied for a second offense, the
individual would be tried as an adult in court which is open to the
public.
Number 402
MARGOT KNUTH, assistant attorney general with the Department of
Law, testified. She noted Governor Knowles introduced HB 206 which
relates to juveniles and guns, and several other measures are
pending before the legislature on the same subject. She stated the
administration cannot support SB 26, which has an automatic waiver
for juveniles age 14 and over for a second weapon offense, for
several reasons. She stated the bill goes too far, too early. HB
206, the Governor's bill, expands the use it, lose it concept, so
that driving privileges would be revoked for offenses. According
to Shirley Warner of the Anchorage Police Department, the use it,
lose it approach has done more to curb alcohol use among juveniles,
and the same holds true in Juneau.
MS. KNUTH continued. Part of the problem is the dynamics of
offenders. It isn't the severity of the sanction that deters
people from committing crimes, but how much they believe they are
going to get caught, and whether the imposition of sanctions seems
realistic to them. Juveniles have difficulty believing they will
end up in jail for certain offenses, but they do believe they may
have their licenses revoked. She noted the state will lose $38
million in federal funds if, by October, a statute is not in place
that requires the expulsion of a student for a minimum of one year
for bringing guns on to school grounds. HB 28, sponsored by
Representative Bunde, attempts to do that. The question of what to
do with students that have been expelled needs to be addressed. HB
28 would also raise the level of the offense from a class B
misdemeanor to a class A misdemeanor. Under existing law, the
ability to petition for waiver of a juvenile exists, at any age,
when unamenability to treatment can be shown. It is not automatic,
but if the juvenile has committed a second offense, that argument
is feasible. For those reasons, Ms. Knuth asked the committee to
hold the bill.
Number 450
SENATOR ADAMS asked what the state's plan is for continuing the
education of a student who has been expelled from school. MS.
KNUTH replied that issue is currently being discussed.
SENATOR TAYLOR commented SB 26 does not provide for expulsion.
Number 458
SENATOR ELLIS asked if SB 26 were to become law, a 14 yr. old, who
brought a gun to school for the second time, would be waived into
adult court. He also asked where the sentence would be served.
MS. KNUTH responded the juvenile could not serve the sentence in
the same institution as an adult due to federal prohibitions. She
was not sure whether juveniles would serve the sentence at
McLaughlin or whether special wings exist in adult prisons.
SENATOR ELLIS noted McLaughlin is full, therefore they would most
likely be at overcrowded adult facilities but segregated from the
adult population. MS. KNUTH agreed.
SENATOR TAYLOR added a judge could also fine the offender and take
money from the individual's permanent fund dividend check, or
assign community work.
Number 472
KATHY TIBBLES, Director of the Division of Family and Youth
Services, testified in opposition to SB 26 primarily because of the
age range covered in the measure. She stated there are adolescents
who are increasingly difficult to deal with, but at age 14 the
opportunity to turn some juveniles around still exists. Existing
statutes allow juveniles to be waived to adult court for heinous
crimes which serves the purpose better than an automatic waiver,
particularly for children as young as 14.
Number 482
SENATOR TAYLOR stated no 14 year old would ever be impacted by SB
26 unless they had, at 13, committed the same offense. He
commented the bill only applies to recidivists. MS. TIBBLES
replied it is possible that an adolescent could be charged and
adjudicated at 13 or 14 years of age for taking a weapon to school,
or for shooting a stop sign. The second offense could be more
serious, perhaps a felony offense. She added the federal law
prohibiting transfer of a juvenile to an adult court starts at age
16. She thought it was possible that a 14 year old could end up in
an adult jail as a result of a conviction in adult court if waived.
She believed that would preclude any second chance available to try
to turn the adolescent around.
Number 499
SENATOR GREEN asked if a judge would be precluded at that point
from alternate sentencing. SENATOR TAYLOR responded no judge in the
state would be so naive to think he/she could place a 14 year old
into an adult facility.
Number 504
SENATOR DONLEY noted the administration recently supported a bill
in the Finance Committee that required a child of any age to go to
adult court for stealing a motor vehicle, for a first offense. He
reiterated a second time firearm offender is a greater public
safety threat than a person who commits a joyriding offense. He
felt the administration's position to be inconsistent.
Number 522
SENATOR GREEN suggested combining SB 26 with the "use it, lose it"
bill and Representative Bunde's bill.
SENATOR MILLER moved SB 26 out of committee with individual
recommendations. There being no objection, the motion carried.
SJUD - 3/17/95
SB 27 MISC. GRANDPARENT VISITATION RIGHTS
SENATOR DONLEY, sponsor of SSSB 27, presented the following
comments to the committee. A similar measure has passed both the
House and Senate, but not in the same year. Currently, Alaska is
the only state that does not give legal status to grandparents to
request visitation rights of their grandchildren. The judge would
only take action if it was in the best interest of the children.
SSSB 27 merely allows grandparents to ask for permission.
Number 544
SENATOR GREEN asked what kinds of problems have occurred in other
states as a result of this legislation. She questioned whether the
law would complicate cumbersome custody issues. SENATOR DONLEY
replied grandparents sometimes take sides in divorce cases, and one
parent may not want the spouse's grandparents to have access to the
children. SSSB 27 does not compel access to the children, it gives
the grandparents legal status to ask the court for access to the
children.
Number 559
MS. TIBBLES strongly supported SSSB 27. She commented there are
many times when divorce creates alienation and hostility within a
family, and when the children need some consistency, it is often
the grandparents who can provide support for the children.
Number 569
FONA HALL testified in support of SSSB 27 on behalf of AARP. She
discussed her own situation with absentee and local grandchildren
and stated SSSB 27 kicks in when visitation is denied.
SENATOR GREEN moved SSSB 27 out of committee with individual
recommendations. There being no objection, the motion carried.
There being no further business before the committee, SENATOR
TAYLOR adjourned the meeting at 3:47 p.m.
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