04/07/2004 08:09 AM Senate JUD

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ALASKA STATE LEGISLATURE SENATE JUDICIARY STANDING COMMITTEE April 7, 2004 8:09 a.m. TAPE(S) 04-36, 37 MEMBERS PRESENT Senator Ralph Seekins, Chair Senator Scott Ogan, Vice Chair Senator Gene Therriault Senator Johnny Ellis Senator Hollis French MEMBERS ABSENT All members present COMMITTEE CALENDAR CS FOR HOUSE BILL NO. 350(STA) "An Act adding personal injury and death from arson in the first degree to the injuries compensable by the Violent Crimes Compensation Board; and providing for an effective date." MOVED CSHB 350(STA) OUT OF COMMITTEE SENATE BILL NO. 246 "An Act relating to the commission of an offense or a juvenile delinquency act involving the victim's race, sex, color, creed, physical or mental disability, sexual orientation, ancestry, or national origin; relating to sentencing, informal adjustment, and adjudication for those offenses and acts; relating to a diversity tolerance program for certain juvenile delinquency acts; relating to a civil cause of action for certain acts involving discriminatory harassment; and providing for an effective date." HEARD AND HELD SENATE BILL NO. 323 "An Act relating to a project owner's liability for workers' compensation and the exclusiveness of liability for workers' compensation." HEARD AND HELD SENATE BILL NO. 308 "An Act increasing the duration of certain provisions of domestic violence protective orders from six months to one year." MOVED CSSB 308(JUD) OUT OF COMMITTEE CS FOR HOUSE BILL NO. 252(STA) "An Act relating to the terms and duties of the members of the State Board of Registration for Architects, Engineers and Land Surveyors." MOVED SCS CSHB 252(JUD) OUT OF COMMITTEE PREVIOUS COMMITTEE ACTION BILL: HB 350 SHORT TITLE: CRIME VICTIMS' COMPENSATION FOR ARSON SPONSOR(s): REPRESENTATIVE(s) GATTO, GRUENBERG 01/12/04 (H) PREFILE RELEASED 1/2/04

01/12/04 (H) READ THE FIRST TIME - REFERRALS

01/12/04 (H) STA, JUD

01/20/04 (H) STA AT 8:00 AM CAPITOL 102

01/20/04 (H) <Bill Hearing Rescheduled to 1/22>

01/22/04 (H) STA AT 8:00 AM CAPITOL 102

01/22/04 (H) Scheduled But Not Heard

01/27/04 (H) STA AT 8:00 AM CAPITOL 102

01/27/04 (H) Moved CSHB 350(STA) Out of Committee

01/27/04 (H) MINUTE(STA)

01/28/04 (H) STA RPT CS(STA) NT 6DP

01/28/04 (H) DP: GRUENBERG, SEATON, HOLM, LYNN,

01/28/04 (H) BERKOWITZ, WEYHRAUCH 02/20/04 (H) JUD AT 1:00 PM CAPITOL 120 02/20/04 (H) Moved CSHB 350(STA) Out of Committee 02/20/04 (H) MINUTE(JUD) 02/23/04 (H) JUD RPT CS(STA) NT 6DP 02/23/04 (H) DP: GARA, SAMUELS, ANDERSON, GRUENBERG, 02/23/04 (H) OGG, MCGUIRE 03/04/04 (H) TRANSMITTED TO (S) 03/04/04 (H) VERSION: CSHB 350(STA) 03/05/04 (S) READ THE FIRST TIME - REFERRALS 03/05/04 (S) STA, JUD 03/25/04 (S) STA AT 3:30 PM BELTZ 211 03/25/04 (S) Moved CSHB 350(STA) Out of Committee 03/25/04 (S) MINUTE(STA) 03/26/04 (S) STA RPT 4DP 03/26/04 (S) DP: STEVENS G, COWDERY, STEDMAN, GUESS 04/07/04 (S) JUD AT 8:00 AM BUTROVICH 205 BILL: SB 246 SHORT TITLE: HATE CRIMES/DISCRIMINATION/TOLERANCE PROG SPONSOR(s): SENATOR(s) LINCOLN

01/12/04 (S) PREFILE RELEASED 1/2/04

01/12/04 (S) READ THE FIRST TIME - REFERRALS

01/12/04 (S) STA, JUD GUESS BILL: SB SHORT TITLE: WORKERS COMPENSATION AND CONTRACTORS SPONSOR(s): SENATOR(s) SEEKINS BILL: SB SHORT TITLE: DOMESTIC VIOLENCE PROTECTIVE ORDERS SPONSOR(s): SENATOR(s) FRENCH BILL: HB SHORT TITLE: OCC LICENSING: TERMS OF BD & CONT. EDUC SPONSOR(s): REPRESENTATIVE(s) MCGUIRE ANDERSON WEYHRAUCH; WITNESS REGISTER Representative Carl Gatto Alaska State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Co-sponsor of POSITION STATEMENT: Sponsor of POSITION STATEMENT: Supports HB REPRESENTATIVE CARL GATTO, co-sponsor of HB committees and on the House floor. 350(STA) CHAIR SEEKINS announced that without objection, the motion carried. SB SENATOR GEORGIANNA LINCOLN, sponsor of SB legislation created by the Anti-Defamation League. The League's legal counsel has reviewed the legislation and will testify today. She pointed out that Alaska and Wyoming are the only two states that have not enacted a law similar to the Anti-Defamation League's model. SENATOR LINCOLN explained that SB class A misdemeanor charge if the offender's actions are determined to be motivated by prejudice, bias, or hate. If the crime committed were a class B misdemeanor, it would be elevated to a class C felony. In the case of the paintball attack in 2001, one man was charged with seven counts of a class A misdemeanor, which amounted to a slap on the hands. Had that man been prosecuted under 246 starts people. SENATOR LINCOLN responded that SB 246 requirements are stringent and, thankfully, hate crimes are fairly rare. He noted in the absence of the videotape in the paintball incident, a prosecution would not have been sustainable. SENATOR THERRIAULT asked if there is any compelling reason that these crimes should not be [elevated] with an aggravator. SENATOR FRENCH pointed out that fourth degree assault crimes are misdemeanors. A paintball is not inherently dangerous so a crime using one is a misdemeanor and the aggravators in Alaska law do not apply to misdemeanors. Therefore, to take into account the motivation of the crime, the crime must be elevated to a higher level, which is what SB 246. SENATOR LINCOLN indicated that a representative from the Department of Law (DOL) was available to answer technical, legal questions. She then pointed to language on page 2, line element. SENATOR FRENCH said it is very difficult to prove what a person is thinking so providing appropriate civil remedies and criminal penalties for hate crimes in Alaska. would not be an option. However, I believe that the bill should be amended to require some specifications and conditions [indisc.] as the moral rehabilitation of the offender. As a condition of avoiding jail and having this shameful crime dismissed, hate criminals should be required to undergo well-designed programs of diversity, tolerance, counseling and training. This would allow our judges with greater discretion that is expressly provided by [SB] 246. While I'm not convinced that mandatory sentencing and [indisc.] hate crime offenders will deal effectively with the underlying hatred, I do think that the proper discretion and direction, judges can condition SIS release and ongoing diversity- tolerance programs to help to change the heart and mind of the hate crime offender. However, what is clear is that the offender's hatred is badly engendered, particularly in the case of juvenile offenders. Family counseling should be ordered as a condition of SIS release. In addition, conditioning SIS release on diversity, tolerance, training, and the Department of Corrections should likewise condition probation and early parole. Thank you for hearing me out this morning. I think that you should pass this bill. It would be our public declaration of our intolerance for hate crime practices.... SENATOR THERRIAULT informed Ms. Buchholdt that two of the fiscal notes are indeterminate, not zero, so the departments may incur an expense but do not know how much that might be. TAPE 04-36, SIDE B MS. DENISE MORRIS, President of the Alaska Native Justice Center, told members she served as a member of the Tolerance Commission, formed in 2001. The Justice Center represented and advocated on behalf of several of the paintball incident victims who were traumatized. She believes many of them had been victims of hate crimes in the past but those crimes went unreported. When the Tolerance Commission traveled and took testimony across Alaska, many people came forward and said they had been victims of hate crimes. She pointed to the Poindexter serial rapist case, of which all nine victims were Alaska Native women. That crime was not treated as a hate crime. More recently, in the Hunter case, 99 percent of the victims were Alaska Native women. No aggravator could be applied to those cases because Alaska does not have hate crime legislation. MS. MORRIS noted that Alaska Native women are 4.5 times more likely to be homicide victims. In Anchorage alone, over 50 percent of the reported cases of sexual assault are reported by Alaska Native women. Alaska Native men are much more likely to be homicide victims and more likely to be victims of hate crimes in Alaska. She understands the concerns expressed by members, but the bill reflects the values of people and signals that crimes motivated by hate are especially tragic. An open society is one that promotes fundamental human rights, guarantees impartial justice, provides opportunities for people to make the most of their talents and makes public decisions through a democratic process that is open to full participation and constant re-examination. part of Juneau-Douglas He has seen a lot of hate crimes at JDHS this past year while visiting. He said although a paintball cannot kill a person, it can cause serious eye damage. He told members that last year, because he is Native, he was harassed to the point of physical violence by a certain person. The same boy harassed three other Native boys. The school district suspended [the perpetrator] for three days, along with the boys who were harassed, because the school has a policy of no fighting. 246 MS. ALEXIE OLSON, a junior at JDHS, told members she is involved in school activities, gets good grades, and is related to Elizabeth Peratovich. She said during her sophomore year at JDHS she wanted to quit school. Students were harassing her every morning at school, pushing her so that she would burn herself with the hot drink she carried. Her girlfriend who is not Alaska Native did not experience any harassment, although they were together everyday. She reported the incidences to the school administrator but nothing was done. She recounted being pushed, called names, shoved into lockers, and hurried down stairs purposely. She remarked that all Alaska Natives experience racial discrimination and harassment. Most of them just want to complete their educations in a safe environment and to be respected for who they are. She asked members to pass the bill. SENATOR OGAN asked Ms. Olson if her dislocated knee was caused by the harassment. MS. OLSON said she was shoved by a "white" person and injured herself badly. SENATOR OGAN asked Ms. Olson if she reported that incident to the police. MS. OLSON said she did not. SENATOR OGAN expressed sympathy about her experience but said he also was shoved around in the halls at school because of his size. In retrospect, he turned it into a good thing because although he suffered a lot from that harassment, he took karate and took on his opponent. That was the last time he was harassed. He hoped Ms. Olson's experiences can make her a stronger person. CHAIR SEEKINS asked Ms. Olson if the school administration does nothing when she reports these incidences. MS. OLSON said that she was called into the minister's office. He had her point out the people who were harassing her but nothing came of it. The harassment continued all year. CHAIR SEEKINS asked Ms. Olson if she has a counselor she can work with in the school to bring these issues to the administration's attention and increase awareness. MS. OLSON said she told some of her teachers because they saw the burns on her arms but they told her to talk to her counselor who told her to talk to the administrator. She did, but no follow-up occurred. CHAIR SEEKINS expressed concern that nothing was done about basic bad behavior. SENATOR LINCOLN told members that the students marched to the Capitol Building about two weeks ago and started a dialog with the school administration. She believes that because of these students, the allegations are being looked into but she does not know the results yet. She added that someone is writing KAN on the school and buses, an acronym for kill all Natives. CHAIR SEEKINS asked if it would be a crime to deliberately cause a person to burn herself with hot liquid. SENATOR FRENCH affirmed it would. CHAIR SEEKINS encouraged anyone in that situation to pursue whatever remedy is necessary to prevent that from happening again. SENATOR FRENCH commented that there was a spate of racially motivated incidents at JDHS, which has raised the awareness of the community and sparked some rallies. He believes the reports have gotten back to the authorities and the community has given a fair amount of attention to the matter. CHAIR SEEKINS thanked participants and announced that he would hold the bill in committee to allow others to testify and to address members' concerns. He then announced a five-minute recess. 9:23 a.m. SB CHAIR SEEKINS called the meeting back to order. Senators French, Ogan, Therriault and Chair Seekins were present. CHAIR SEEKINS informed members that one question that came up on this bill had to do with its effect on a sole proprietor or partner with no employees. He has asked Todd Larkin to work on a proposed amendment to address that scenario. He explained that under the current statute, a sole proprietor or a partner without any employees could be exempt from the requirement to have workers' compensation coverage for them. If either had employees, they would be required to have coverage. He said the proposed amendment would say if the sole proprietor or partner does not have workers' compensation coverage, the project owner or contractor is released from any claims that could be brought under workers' compensation up the ladder. He clarified that a sole proprietor or partner is not required to have workers' compensation coverage but, if they make that choice, their exclusive remedy is against themselves, not who they are working for. MR. JACK MILLER, an attorney with the Alaska State Chamber of Commerce, informed members that he spoke with Mr. Larkin that morning and was made aware of the issue relating to sole proprietors and partners. He recommended addressing that issue in AS 23.30.239, which specifically deals with sole proprietors and partners and allows them to opt in or out of the workers' compensation system. He suggested the simplest fix would be to add subsection (e) to SB SENATOR HOLLIS FRENCH, sponsor of SB Page 1, line 1, following "Act": Insert "relating to warnings on domestic violence forms and" Page 1, following line 14: Insert a new bill section to read: "* Sec. 2. SB Page 1, line 1, following "Act": Insert "relating to warnings on domestic violence stalking forms and" Page 1, following line 3: Insert a new bill section to read: "* Section. 1. AS 18.65.850 - 18.65.860. Alaska Rules of Civil Procedure, except that information on the forms may be filled in by legible handwriting. Filing fees may not be charged in any action seeking only the relief provided in AS protective order form must contain the following warning in boldface type: "Violation of this order may be a misdemeanor, punishable by up to one year of incarceration and a fine of up to $5,000." instructions for petitions and requests petitions must contain a conspicuous warning that petitions and requests are submitted under oath penalty of perjury and that a person making statement may be prosecuted for perjury guilty, may be punished for violation of a felony." Page 1, line 4: Delete "Section 1" Insert "Sec. 2" Page 1, following line 14: Insert a new bill section to read: "* Sec. 3. 308(JUD) attached fiscal notes. CHAIR SEEKINS announced that with no objection, the motion carried. HB MR. HEATH HILYARD, staff to Representative Lesil McGuire, sponsor of HB committee substitute, labeled version S, addresses some of the concerns expressed by committee members about placing sideboards on the continuing education requirements in the bill. He worked with staff in Senator Therriault's office to come up with the language on page 2, lines 18 through 22. TAPE 04-37, SIDE A MR. HILYARD read from that language: ...the continuing education requirements may not exceed standards established by a national accrediting body or other recognized professional organization. He said he believes that language will prevent the board from imposing continuing education requirements that are onerous. SENATOR OGAN moved to adopt version S as the working document before the committee. MR. HILYARD indicated that "or other recognized professional organization" was added on recommendation of the legal drafter. SENATOR OGAN asked why this industry needs more government regulation and what this bill fixes. MR. HILYARD told members the organizations regulated by the Board of Registration for Architects, Engineers and Land Surveyors want the Board to establish continuing education requirements to maintain professional competency. He said he could not speak to why the different organizations feel those requirements are necessary. SENATOR THERRIAULT reminded members the original bill spoke to the terms and duties of the board members. However the standard review done by the Legislative Budget and Audit Committee suggested that the legislature consider revising statutes requiring continuing education for architects, engineers and land surveyors. CHAIR SEEKINS announced that without objection, version S was adopted. MR. HILYARD pointed out that an accompanying title change resolution had been prepared, labeled 12-LS1850\A. He then noted version S is the same as the previous version in all other respects. SENATOR THERRIAULT moved to adopt the senate concurrent resolution to affect the necessary title change to SB 246 Out of Committee 03/23/04 (S) MINUTE(STA) 03/24/04 (S) STA RPT 4DP 03/24/04 (S) DP: STEVENS G, HOFFMAN, STEDMAN, 03/24/04 (S) FIN REFERRAL ADDED AFTER JUD 04/07/04 (S) JUD AT 8:00 AM BUTROVICH 205 323 02/13/04 (S) READ THE FIRST TIME - REFERRALS 02/13/04 (S) L&C, JUD 03/04/04 (S) L&C AT 1:30 PM BELTZ 211 03/04/04 (S) Heard & Held 03/04/04 (S) MINUTE(L&C) 03/09/04 (S) L&C AT 1:30 PM BELTZ 211 03/09/04 (S) Moved SB 323 Out of Committee 03/09/04 (S) MINUTE(L&C) 03/10/04 (S) L&C RPT 2DP 2NR 1AM 03/10/04 (S) DP: BUNDE, SEEKINS; NR: DAVIS, 03/10/04 (S) STEVENS G; AM: FRENCH 03/17/04 (S) JUD AT 8:00 AM BUTROVICH 205 03/17/04 (S) Heard & Held 03/17/04 (S) MINUTE(JUD) 04/02/04 (S) JUD AT 8:00 AM BUTROVICH 205 04/02/04 (S) Heard & Held 04/02/04 (S) MINUTE(JUD) 04/07/04 (S) JUD AT 8:00 AM BUTROVICH 205 308 02/09/04 (S) READ THE FIRST TIME - REFERRALS 02/09/04 (S) STA, JUD 03/11/04 (S) STA AT 3:30 PM BELTZ 211 03/11/04 (S) Moved SB 308 Out of Committee 03/11/04 (S) MINUTE(STA) 03/12/04 (S) STA RPT 3DP 03/12/04 (S) DP: STEVENS G, STEDMAN, GUESS 03/12/04 (S) FIN REFERRAL ADDED AFTER JUD 03/26/04 (S) JUD AT 8:00 AM BUTROVICH 205 03/26/04 (S) Heard & Held 03/26/04 (S) MINUTE(JUD) 04/07/04 (S) JUD AT 8:00 AM BUTROVICH 205 252 04/08/03 (H) READ THE FIRST TIME - REFERRALS 04/08/03 (H) L&C, STA 05/02/03 (H) L&C AT 3:15 PM CAPITOL 17 05/02/03 (H) Moved CSHB 252(L&C) Out of Committee 05/02/03 (H) MINUTE(L&C) 05/05/03 (H) L&C RPT CS(L&C) NT 4DP 05/05/03 (H) DP: LYNN, DAHLSTROM, ROKEBERG, 05/07/03 (H) STA AT 8:00 AM CAPITOL 102 05/07/03 (H) Moved CSHB 252(STA) Out of Committee 05/07/03 (H) MINUTE(STA) 05/08/03 (H) STA RPT CS(STA) NT 4DP 1NR 05/08/03 (H) DP: DAHLSTROM, LYNN, SEATON, 05/08/03 (H) NR: BERKOWITZ 05/15/03 (H) TRANSMITTED TO (S) 05/15/03 (H) VERSION: CSHB 252(STA) 05/16/03 (S) READ THE FIRST TIME - REFERRALS 05/16/03 (S) L&C, JUD 05/19/03 (S) L&C RPT 2DP 1NR 05/19/03 (S) DP: SEEKINS, STEVENS G; NR: FRENCH 05/19/03 (S) L&C AT 8:00 AM BELTZ 211 05/19/03 (S) Moved SCS(L&C) Out of Committee 05/19/03 (S) MINUTE(L&C) 02/18/04 (S) JUD AT 8:00 AM BUTROVICH 205 02/18/04 (S) Heard & Held 02/18/04 (S) MINUTE(JUD) 02/25/04 (S) JUD AT 8:00 AM BUTROVICH 205 02/25/04 (S) Scheduled But Not Heard 03/03/04 (S) JUD AT 8:00 AM BUTROVICH 205 03/03/04 (S) Heard & Held 03/03/04 (S) MINUTE(JUD) 04/07/04 (S) JUD AT 8:00 AM BUTROVICH 205 href='/basis/Bill/Detail/23?Root=HB350'>HB 350 href='/basis/Bill/Detail/23?Root=SB246'>SB 246 is/Bill/Detail/23?Root=SB246'>SB 246 1577 C Street, Suite 300 is/Bill/Detail/23?Root=SB246'>SB 246 4501 South Bragaw is/Bill/Detail/23?Root=SB246'>SB 246 is/Bill/Detail/23?Root=SB246'>SB 246 121 W. Fireweed Ln., Ste. 240 is/Bill/Detail/23?Root=SB246'>SB 246 4501 South Bragaw is/Bill/Detail/23?Root=SB246'>SB 246 is/Bill/Detail/23?Root=SB246'>SB 246 s/Bill/Detail/23?Root=SB246'>SB 246 217 Second Street SB 323 HB 252 for the href='/basis/Bill/Detail/23?Root=HB350'>HB 350. 350-CRIME VICTIMS' COMPENSATION FOR ARSON href='/basis/Bill/Detail/23?Root=HB350'>HB 350, informed 350 received unanimous support in the House href='/basis/Bill/Detail/23?Root=HB350'>HB 350 addresses the CSHB from committee with individual recommendations. 246-HATE CRIMES/DISCRIMINATION/TOLERANCE PROG href='/basis/Bill/Detail/23?Root=SB246'>SB 246, informed l/23?Root=SB246'>SB 246 was drafted after the 2001 246 was modeled after national model Bill/Detail/23?Root=SB246'>SB 246 expands the state's 23?Root=SB246'>SB 246 includes those crimes, thereby 246, a class B misdemeanor would be elevated to a is/Bill/Detail/23?Root=SB246'>SB 246, a class C felony href='/basis/Bill/Detail/23?Root=SB246'>SB 246 also adds gender that SB a slippery slope of creating an unequal class of l/Detail/23?Root=SB246'>SB 246 is not meant to apply to would be fairly small for two reasons. The proof href='/basis/Bill/Detail/23?Root=SB246'>SB 246 does. He Detail/23?Root=SB246'>SB 246 notches all categories of 22, and said the word "knowingly" requires a higher mental il/23?Root=SB246'>SB 246 places a high burden on the said he can't SB 246, which would take an important step toward href='/basis/Bill/Detail/23?Root=SB246'>SB 246 would ill/Detail/23?Root=SB246'>SB 246. name='SB246' href='/basis/Bill/Detail/23?Root=SB246'>SB 246, s/Bill/Detail/23?Root=SB246'>SB 246. He asked that his name='SB246' href='/basis/Bill/Detail/23?Root=SB246'>SB 246 ?Root=SB246'>SB 246. He noted he sent a letter to the /Bill/Detail/23?Root=SB246'>SB 246 might do better this name='SB246' href='/basis/Bill/Detail/23?Root=SB246'>SB 246. As SB 246, however, but for the hate crime factor, SIS href='/basis/Bill/Detail/23?Root=SB246'>SB 246 alone cannot href='/basis/Bill/Detail/23?Root=SB246'>SB 246. href='/basis/Bill/Detail/23?Root=SB246'>SB 246. High School (JDHS). SB will give all youth in Alaska the security they need. 323-WORKERS COMPENSATION AND CONTRACTORS asp#23.30.239'>AS 23.30.239 to read: 308-DOMESTIC VIOLENCE PROTECTIVE ORDERS /Bill/Detail/23?Root=SB308'>SB 308, told members that he and up to 308 asp#18.66.150'>AS 18.66.150 is amended by adding a new 308 and asp#18.65.865'>AS 18.65.865(b) is amended to read: The forms must conform to the 18.65.850 - 18.65.870. Each Forms and to modify the under a false and, if found asp#18.66.150'>AS 18.66.150 is amended by adding a new CSSB from committee with individual recommendations and 252-OCC LICENSING: TERMS OF BD & CONT. EDUC 252, informed members that the proposed name='HB252' href='/basis/Bill/Detail/23?Root=HB252'>HB 252. Detail/23?Root=HB252'>CSHB 252(JUD) from committee with nts"> id="docLink">Open document in new windowX eight:100%;min-height:600px" id="docFrame"> v> Legislature width="105" height="107" bills, locate -list-whos-who.php">contact information. leg.gov/webmaster.php">help

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