02/10/2010 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB246 | |
| HB307 | |
| SB194 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 307 | TELECONFERENCED | |
| + | SB 194 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | SB 246 | ||
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
February 10, 2010
1:38 p.m.
MEMBERS PRESENT
Senator Hollis French, Chair
Senator Bill Wielechowski, Vice Chair
Senator Dennis Egan
Senator Lesil McGuire
Senator John Coghill
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 246
"An Act increasing the number of superior court judges
designated for the third judicial district; and providing for an
effective date."
MOVED SB 246 OUT OF COMMITTEE
HOUSE BILL NO. 307
"An Act relating to sexual assault protective orders."
HEARD AND HELD
SENATE BILL NO. 194
"An Act relating to civil damages for certain alcohol
violations."
HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 246
SHORT TITLE: INCREASING NUMBER OF SUPERIOR CT JUDGES
SPONSOR(s): RULES BY REQUEST
01/29/10 (S) READ THE FIRST TIME - REFERRALS
01/29/10 (S) JUD, FIN
02/08/10 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/08/10 (S) Heard & Held
02/08/10 (S) MINUTE(JUD)
BILL: HB 307
SHORT TITLE: SEXUAL ASSAULT PROTECTIVE ORDERS
SPONSOR(s): HOLMES
01/19/10 (H) READ THE FIRST TIME - REFERRALS
01/19/10 (H) JUD
01/27/10 (H) JUD AT 1:00 PM CAPITOL 120
01/27/10 (H) Moved Out of Committee
01/27/10 (H) MINUTE(JUD)
01/29/10 (H) JUD RPT 7DP
01/29/10 (H) DP: LYNN, GRUENBERG, HERRON, DAHLSTROM,
HOLMES, GATTO, RAMRAS
02/01/10 (H) TRANSMITTED TO (S)
02/01/10 (H) VERSION: HB 307
02/03/10 (S) READ THE FIRST TIME - REFERRALS
02/03/10 (S) JUD
02/10/10 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 194
SHORT TITLE: CIVIL DAMAGES FOR ALCOHOL VIOLATIONS
SPONSOR(s): MEYER
04/17/09 (S) READ THE FIRST TIME - REFERRALS
04/17/09 (S) STA, JUD
01/28/10 (S) STA AT 9:00 AM BELTZ 105 (TSBldg)
01/28/10 (S) Moved CSSB 194(STA) Out of Committee
01/28/10 (S) MINUTE(STA)
01/29/10 (S) STA RPT CS 5DP NEW TITLE
01/29/10 (S) DP: MENARD, FRENCH, MEYER, PASKVAN,
KOOKESH
02/10/10 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
REPRESENTATIVE LINDSEY HOLMES
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Sponsor of HB 307.
BILL EDWARDS, Staff
to Representative Holmes
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Introduced HB 307 on behalf of the sponsor.
SENATOR MEYER
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Sponsor of SB 194.
CHRISTINE MARASIGAN, Staff
to SENATOR MEYER
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Provided information related to SB 194.
ACTION NARRATIVE
1:38:59 PM
CHAIR HOLLIS FRENCH called the Senate Judiciary Standing
Committee meeting to order at 1:38 p.m. Senators Egan,
Wielechowski, and French were present at the call to order.
Senators McGuire and Coghill arrived during the course of the
meeting.
SB 246-INCREASING NUMBER OF SUPERIOR CT JUDGES
1:39:14 PM
CHAIR FRENCH announced the consideration of SB 246. It was heard
previously. The bill increases the number of superior court
judges by one to serve in the third judicial district. Finding
no questions or comments, he asked for a motion.
1:39:46 PM
SENATOR WILECHOWSKI moved to report SB 246 from committee with
individual recommendations and attached fiscal notes. There
being no objection, SB 246 moved from the Senate Judiciary
Standing Committee.
At ease from 1:40 p.m. to 1:41 p.m.
HB 307-SEXUAL ASSAULT PROTECTIVE ORDERS
CHAIR FRENCH announced the consideration of HB 307.
1:41:25 PM
REPRESENTATIVE LINDSEY HOLMES, Alaska State Legislature, sponsor
of HB 307, asked her staff to introduce the bill.
BILL EDWARDS, Staff to Representative Holmes, said HB 307
repairs the statutes pertaining to protective orders in cases of
sexual assault. Prior to 2001 protective orders existed only in
cases of domestic violence. In 2001 they were extended to cases
of stalking outside a domestic relationship and in 2006 they
were further extended to cases of sexual assault outside a
domestic relationship. However, in an oversight in the 2006 law
magistrates and district court judges were not given
jurisdiction to issue the protective orders. As a result a
number of magistrates and district court judges are declining to
issue protective orders, specifically in cases of sexual
assault. They point out that the current statute gives
jurisdiction to do so only in cases of domestic violence and
stalking.
HB 307 would amend AS 22.15.100 to give magistrates and district
court judges jurisdiction to issue protective orders in cases of
sexual assault in addition to stalking. This has been
particularly problematic in rural communities. He noted that the
sponsor of the 2006 legislation indicated that his intention had
been to include magistrate jurisdiction for cases of sexual
assault. The Alaska Network on Domestic Violence and Sexual
Assault and the Alaska Peace Officers Association support the
legislation.
1:43:58 PM
CHAIR FRENCH asked to which statute sexual assault was added in
the 2006 legislation.
MR. EDWARDS replied the sexual assault statute, AS 18.65.850
through .870, was created in 2001 for stalking. The 2006 Act
extended the stalking statute to cases of sexual assault.
CHAIR FRENCH summarized that in 2006 sexual assault was added to
the list of domestic violence protective orders, but the
legislation didn't give a judge the authority to issue the
protective order.
MR. EDWARDS agreed. A literal reading of the statutes shows that
to be correct; they don't have jurisdiction.
1:44:54 PM
SENATOR MCGUIRE joined the meeting.
CHAIR FRENCH observed that a victim of a sexual assault can now
get a no-contact order from the judge handling the criminal
case, but not every case goes to criminal court.
MR. EDWARDS said that's right. The remedy for victims in cases
of sexual assault without an accompanying criminal case is to
get a protective order for sexual assault. That was the reason
for creating the 2006 statute.
CHAIR FRENCH said he wonders what the system response should be
in cases where a victim asks for a sex assault protective order
when there has been no criminal charge filed.
Finding no further questions and no testimony, Chair French
closed public testimony.
1:48:02 PM
SENATOR MCGUIRE asked if the sponsor reviewed the statutes to be
reasonable sure that sexual assault is the only category that
should be added to protective orders.
REPRESENTATIVE HOLMES replied there are other areas that the
court may want to give magistrates jurisdiction, but they are
not related to protective orders.
SENATOR MCGUIRE said at the time she didn't understand why the
stalking statute didn't include strangers. Now she wonders if
magistrates should be allowed to issue protective orders in
other cases.
MR. EDWARDS replied it may be the case that in other
circumstances judges should be empowered to issue protective
orders and not wait until there's been victimization.
SENATOR MCGUIRE said it would be interesting to talk with
magistrates to find out if there are other circumstances where
they would like to have that tool.
1:51:29 PM
CHAIR FRENCH pointed out that there is some legitimate pushback
to protective orders. Most of the time they are used
appropriately, but every now and again they're used otherwise.
CHAIR FRENCH held HB 307 in committee.
SB 194-CIVIL DAMAGES FOR ALCOHOL VIOLATIONS
1:52:48 PM
CHAIR FRENCH announced the consideration of SB 194. [CSSB
194(STA) was before the committee.]
SENATOR KEVIN MEYER, Alaska State Legislature, sponsor of SB
194, said the bill amends current statue pertaining to alcohol
violations in three ways. First, the civil penalty for a minor
who tries to buy alcohol using a fake ID is increased from
$1,000 to $1,500. Second, the civil penalty for an adult who
tries to buy alcohol for a minor is similarly increased. Third,
an educational component is added that may require a minor to
pay for and enroll in a juvenile alcohol safety action program
if available.
SENATOR MEYER said he first became involved in this issue in
1997 as an Anchorage assembly member. Licensees were frustrated
when nothing resulted after they caught and turned in kids who
were trying to buy alcohol using fake IDs. Because licensees
could be fined or lose their liquor license for serving minors,
they wanted something in place to deter kids from trying to get
alcohol. The program was so successful in Anchorage that the
Legislature passed it into state law in 2001. Now the licensees
would like the civil penalty to be increased to $1,500.
1:56:32 PM
SENATOR MEYER described SB 194 as a win-win situation. It helps
legislators know that minors don't have access to alcohol and it
assists responsible licensees to be proactive in helping to
enforce these laws.
SENATOR MCGUIRE asked if the civil action is brought against the
parent.
SENATOR MEYER offered his understanding that the suit is against
the minor; in most instances the kids that are using fake IDs
are over age 18.
SENATOR MCGUIRE asked how many cases are filed and if they are
burdening the courts.
SENATOR MEYER related that Brown Jug reported it pursues 3-4
cases per week. Smaller establishments rely on CHARR, Alaska
Cabaret, Hotel, Restaurant and Retailers Association, to take
action on their behalf. He doesn't know the effect it has on the
courts.
SENATOR MCGUIRE asked if he considered expanding the bill to
include civil action against a person that is violating a court
order prohibiting them from purchasing alcohol.
1:59:18 PM
SENATOR MEYER agreed that would work as a deterrent.
SENATOR MCGUIRE commented that the court is currently trying to
deal with habitual re-offenders.
SENATOR WIELECHOWSKI stated support for the idea; it's a problem
in his community. He asked if Section 1 and Section 2 each
provide a separate $1,500 penalty.
2:00:34 PM
CHRISTINE MARASIGAN, Staff to Senator Meyer, replied they are
two separate penalties. One penalty deals with a minor on a
licensed premises or trying to obtain access to a licensed
premises. The second penalty deals with someone age 18 and over
or an emancipated minor who is trying to purchase alcohol for
somebody who is not allowed to have access to alcohol.
SENATOR WIELECHOWSKI reviewed Section 1 and posed a hypothetical
situation. He asked if the liquor store would file for and
receive the civil damages.
SENATOR MEYER explained that each establishment does it
differently, but often the licensee gives the money to the
employee as an incentive.
2:02:14 PM
SENATOR WIELECHOWSKI asked how many cases have been brought
under both sections.
CHAIR FRENCH recalled good testimony in state affairs from O.C.
Madden with Brown Jug about the number of cases they've brought.
He noted that Mr. Madden had intended to testify.
He pointed out that Section 1, AS 04.16.049(e) is about access
of persons under age 21 to licensed premises. AS 04.16.065 is
about someone over age 21 who tries to buy for someone under age
21.
CHAIR FRENCH asked for information about the juvenile alcohol
safety action program envisioned in Section 4.
2:03:41 PM
MS. MARASIGAN explained that in FY09 $200,000 was available for
the Division of Behavioral Health, Alaska Department of Health
and Social Services (DHSS), to offer programs in MatSu, Homer,
Kotzebue, Fairbanks, Juneau, Kenai, Kodiak, Ketchikan,
Dillingham, Seward, and Anchorage. The committee substitute
(CS), makes the program voluntary and is written so it could
include other alcohol education or treatment programs.
2:06:02 PM
SENATOR COGHILL joined the committee.
CHAIR FRENCH noted the memo from legislative legal services
regarding statutory references that require correction. He said
he will re-calendar the bill when Mr. Madden is available to
testify.
CHAIR FRENCH held SB 194 in committee.
CHAIR FRENCH advised the committee that his staff, Cindy Smith,
has arranged for the committee to tour the Trooper Cybercrime
Unit in Anchorage on February 26 at 4 p.m.
2:08:25 PM
There being no further business to come before the committee,
Chair French adjourned the Senate Judiciary Standing Committee
meeting at 2:08 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| CSSB 194 Sponsor Statement.pdf |
SJUD 2/10/2010 1:30:00 PM |
SB 194 |
| Excerpt from SOA Plan to Reduce & Prevent Underage Drinking Oct 2009.pdf |
SJUD 2/10/2010 1:30:00 PM |
SB 194 |
| Legal Memo 10.20.2009.pdf |
SJUD 2/10/2010 1:30:00 PM |
SB 194 |
| Letter of Support Anchorage CHARR.pdf |
SJUD 2/10/2010 1:30:00 PM |
SB 194 |