02/24/2016 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB123 | |
| SB24 | |
| SJR19 | |
| SB180 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 180 | TELECONFERENCED | |
| *+ | SJR 19 | TELECONFERENCED | |
| + | SB 24 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 123 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
February 24, 2016
1:34 p.m.
MEMBERS PRESENT
Senator Lesil McGuire, Chair
Senator John Coghill, Vice Chair
Senator Mia Costello
Senator Bill Wielechowski
MEMBERS ABSENT
Senator Peter Micciche
COMMITTEE CALENDAR
SENATE BILL NO. 123
"An Act relating to the penalty for the use of electronic
devices while driving."
- MOVED CSSB 123(JUD) OUT OF COMMITTEE
SENATE BILL NO. 24
"An Act relating to the applicability of the Legislative Ethics
Act to legislative interns, legislative volunteers, consultants,
independent contractors, sole proprietorships, and other legal
entities."
- HEARD & HELD
SENATE JOINT RESOLUTION NO. 19
Requesting the United States Congress to call a convention of
the states to propose an amendment to the Constitution of the
United States to set a limit on the number of terms that a
person may be elected as a member of the United States House of
Representatives and as a member of the United States Senate; and
urging the legislatures of the other 49 states to request the
United States Congress to call a convention of the states.
- HEARD & HELD
SENATE BILL NO. 180
"An Act relating to the temporary delegation by a parent or
guardian of powers related to a child; relating to adoption; and
relating to the distribution to a parent or guardian in a child
protection situation of information on family support services."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 123
SHORT TITLE: USE OF ELECTRONIC DEVICES WHILE DRIVING
SPONSOR(s): SENATOR(s) MEYER
01/19/16 (S) PREFILE RELEASED 1/8/16
01/19/16 (S) READ THE FIRST TIME - REFERRALS
01/19/16 (S) STA, JUD
02/13/16 (S) STA AT 10:00 AM BUTROVICH 205
02/13/16 (S) Heard & Held
02/13/16 (S) MINUTE (STA)
02/16/16 (S) STA AT 9:00 AM BUTROVICH 205
02/16/16 (S) Moved SB 123 Out of Committee
02/16/16 (S) MINUTE (STA)
02/17/16 (S) STA RPT 3DP 2NR
02/17/16 (S) DP: COGHILL, HUGGINS, MCGUIRE
02/17/16 (S) NR: STOLTZE, WIELECHOWSKI
02/22/16 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/22/16 (S) Heard & Held
02/22/16 (S) MINUTE (JUD)
02/24/16 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 24
SHORT TITLE: LEGIS. ETHICS ACT: CONTRACTORS, INTERNS
SPONSOR(s): SENATOR(s) GARDNER
01/21/15 (S) READ THE FIRST TIME - REFERRALS
01/21/15 (S) STA, JUD
03/05/15 (S) STA AT 9:00 AM BUTROVICH 205
03/05/15 (S) Scheduled but Not Heard
03/12/15 (S) STA AT 8:00 AM BUTROVICH 205
03/12/15 (S) Heard & Held
03/12/15 (S) MINUTE (STA)
03/31/15 (S) STA AT 9:00 AM BUTROVICH 205
03/31/15 (S) Moved SB 24 Out of Committee
03/31/15 (S) MINUTE (STA)
04/01/15 (S) STA RPT 2DP 2NR
04/01/15 (S) DP: COGHILL, MCGUIRE
04/01/15 (S) NR: STOLTZE, HUGGINS
02/24/16 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SJR 19
SHORT TITLE: CALL FED. CONSTITUTIONAL CONV: TERM LIMITS
SPONSOR(s): SENATOR(s) MCGUIRE
02/12/16 (S) READ THE FIRST TIME - REFERRALS
02/12/16 (S) JUD
02/24/16 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 180
SHORT TITLE: PARENT-GUARDIAN/CHILD: TEMP. POWER OF ATTY
SPONSOR(s): SENATOR(s) GIESSEL
02/12/16 (S) READ THE FIRST TIME - REFERRALS
02/12/16 (S) JUD
02/24/16 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
SENATOR KEVIN MEYER
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 123.
EDRA MORLEDGE, Staff
Senator Kevin Meyers
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Outlined the changes in version H of SB
123.
SENATOR GARDNER
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 24.
STEPHEN SWEET, Legislative Intern
Senator Gardner
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced SB 24 on behalf of the sponsor.
JERRY ANDERSON, Administrator
Select Committee on Legislative Ethics
Anchorage, Alaska
POSITION STATEMENT: Stated support for SB 24.
JOYCE ANDERSON, former administrator on contract
Select Committee on Legislative Ethics
Anchorage, Alaska
POSITION STATEMENT: Provided supporting information related to
SB 24.
FORREST WOLFE, Staff
Senator Lesil McGuire
POSITION STATEMENT: Introduced SJR 19 on behalf of the sponsor.
NICOLAS TOMBOULIDES
U.S. Term Limits (USTL)
Washington, DC
POSITION STATEMENT: Testified in support of SJR 19.
MIKE COONS, National Legislative Director
Citizen Initiatives
Palmer, Alaska
POSITION STATEMENT: Voiced concern with language in the first
resolve of SJR 19.
SENATOR CATHY GIESSEL
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 180.
ANNA MARIA BALCZAR, representing herself
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 180.
CHARITY CARMODY, Founder and President
Beacon Hill
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 180.
ANDREW BROWN, Senior Fellow for Child Welfare Reform
Foundation of Government Accountability
Austin, Texas
POSITION STATEMENT: Testified in support of SB 180.
BENJAMIN HEMMILA
Safe Families for Children
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 180.
KARI NORE, Staff
Senator Cathy Giessel
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided the sectional analysis for SB 180
on behalf of the sponsor.
ACTION NARRATIVE
1:34:03 PM
CHAIR LESIL MCGUIRE called the Senate Judiciary Standing
Committee meeting to order at 1:34 p.m. Present at the call to
order were Senators Costello, Coghill, and Chair McGuire.
SB 123-USE OF ELECTRONIC DEVICES WHILE DRIVING
1:34:26 PM
CHAIR MCGUIRE announced the consideration of SB 123. She
solicited a motion to adopt the work draft committee substitute
(CS) and noted the individuals who were available to answer
questions.
1:35:14 PM
SENATOR COGHILL moved to adopt the work draft CS for SB 123,
labeled 29-LS1198\H, as the working document.
CHAIR MCGUIRE found no objection and version H was before the
committee.
1:35:36 PM
SENATOR KEVIN MEYER, Alaska State Legislature, sponsor of SB
123, summarized that the bill seeks to make it easier to cite
people who text while driving. It is mirrored after the
Anchorage ordinance and imposes a $500 fine for the violation.
He assured the members that this is not intended to be a revenue
bill and offered his belief that it will result in a savings to
the state. Changing the offense from a misdemeanor to a
violation will avoid the lengthy investigation process and
potential jury trial.
CHAIR MCGUIRE commented that she believes this will get people's
attention.
1:37:56 PM
EDRA MORLEDGE, Staff, Senator Kevin Meyers, highlighted the
changes in version H of SB 123. She noted that the packets
contain a memo from Legislative Legal Services that answers many
of the questions raised during the previous hearing. At the
drafter's suggestion, the CS cites Title 12 for the penalty so
people understand this is a violation, not a traffic infraction.
The next change, which was suggested by the Court System,
directs the court to include the violation in the bail schedule.
An effective date of July 1 also was added to allow time to
accomplish these changes.
CHAIR MCGUIRE found no questions and solicited a motion.
1:39:39 PM
SENATOR COGHILL moved to report the CS for SB 123 from committee
with individual recommendations and attached zero fiscal note.
1:39:52 PM
CHAIR MCGUIRE announced that without objection, CSSB 123(JUD) is
reported from the Senate Judiciary Standing Committee.
SB 24-LEGIS. ETHICS ACT: CONTRACTORS,INTERNS
1:40:34 PM
CHAIR MCGUIRE announced the consideration of SB 24. She
solicited a motion to adopt the proposed committee substitute
(CS).
1:40:54 PM
SENATOR COGHILL moved to adopt the work draft CS for SB 24,
labeled 29-LS0148\H, as the working document.
1:41:03 PM
SENATOR GARDNER, Alaska State Legislature, Juneau, Alaska,
sponsor of SB 24, explained that she introduced this clean-up
bill at the request of the Select Committee on Legislative
Ethics. The issue is that the ethics statutes apply to
contractors and some sections are unnecessary, don't make sense,
and aren't enforced. For example, the people who print statute
books are now required to attend ethics training. She was
unaware of any opposition to this housekeeping matter.
CHAIR MCGUIRE noted that Jerry Anderson and Joyce Anderson were
available to answer questions.
1:43:29 PM
STEPHEN SWEET, Legislative Intern, Senator Gardner introduced SB
24 reading the following prepared statement:
The problem this bill seeks to address is that the
ethics committee is not always able to conduct
trainings with each legal entity the state has
contracts with.
Section one clarifies applicability of ethical
standards to legislative consultants, interns,
contractors, and legislative volunteers. For example,
I, as an intern, will continue to be required to
comply with statutes banning gift solicitations,
banning the use of public time for political purposes,
and the like.
Section two clarifies how ethics requirements will be
levied upon a legal entity. For example, if the Ethics
Committee began a contract with, say, an independent
contractor halfway through a session, ethics statutes
would be applied to only those who would be working on
the project with the legislature; such requirements
would not apply to those who work at the office of the
contractor but who are not working on the project. If
Company A has been contracted, not all of their
employees would have to abide by Alaska State
Legislature ethics standards.
Section three defines legislative employees, to
include a person, other than a legislator, who is
compensated by the legislative branch in return for
providing regular or substantial services, regardless
of pay scale or if they are full or part time. It
would not include interns, contractors, and the like.
However, this does not mean that contractors are
exempt from ethics standards; that concern is
addressed in the first section, which specifically
states that interns and consultants are employees for
the purposes of compliance with ethics standards.
1:46:37 PM
JERRY ANDERSON, Administrator, Select Committee on Legislative
Ethics, stated support for SB 24 and relayed that the committee
worked extensively with Legislative Legal Services on the
provisions of the bill. He deferred further comment to Ms.
Anderson who was the administrator when that work was
accomplished.
1:47:23 PM
JOYCE ANDERSON, Former Administrator, on contract to the Select
Committee on Legislative Ethics, explained that the committee
looked at the issue after several contractors and several
divisions within the legislature called and asked about the
requirements. The response to those inquiries was that there was
no differentiation between a contractor and a regular
legislative employee. That meant that contractors had to attend
ethics training and follow the disclosure scheme in the
Legislative Ethics Act. The committee looked at this and decided
it was not the intent of the ethics code to include contractors.
Upon request, Legislative Research provided information from
other states where contractors are not considered legislative
employees.
She said the committee felt, similar to legislative interns,
that contractors and consultants should be put under certain
sections of the code, but not all of it. The provisions in the
bill are recommendations from the subcommittee, of which Senator
Gardner was a part.
1:51:10 PM
CHAIR MCGUIRE closed public testimony on SB 24 and held the bill
in committee.
SENATOR COGHILL commented that this issue came up repeatedly
during oil and tax discussions so he believes it's appropriate.
SJR 19-CALL FED. CONSTITUTIONAL CONV: TERM LIMITS
1:52:31 PM
CHAIR MCGUIRE announced the consideration of SJR 19.
1:53:14 PM
FORREST WOLFE, Staff, Senator Lesil McGuire, introduced SJR 19
speaking to the following sponsor statement:
SJR 19 begins a process under Article V of the U.S.
Constitution for application to Congress to call a
Convention of States to debate an amendment for term
limits for members of Congress.
As of February 2016, nearly 80% of Americans and 78%
of Alaskans have expressed bi-partisan support to
limiting the number of terms a person can serve in the
U.S. Congress.
SJR 19 is about respecting the will of the people and
fixing a broken system. In 1994 and 1996 the people of
Alaska voted to express their strong support in
imposing term limits. The 1994 voter initiative passed
with nearly 63% of the Alaska electorate, or 126,960
Alaskans, expressing the desire to limit terms of
congressional office holders. Twenty-two other states
also voted to limit congressional terms. The next
year, in [USTL vs. Thornton] the U.S. Supreme Court
ruled it unconstitutional for states to pass
individual state laws placing limits on the number of
terms a congressman could serve. The Court instead
ruled that a constitutional amendment would be
necessary. Article V of the U.S. Constitution provides
a means, other than directly through Congress, for the
states to propose adopting such an amendment.
Implementing term limits empowers the people by
allowing for people with new ideas and energy to
compete for office. Washington D.C. is broken and
bound by endless gridlock literally unable to respond
to the voters' wishes. One only needs to look at the
skyrocketing debt -- some $19 trillion - and
inefficient programs, to know that Congress is unable
to control spending and fix the country's problems.
Contrary to the Framer's intent to have a citizen
legislature that rotates regularly many of those in
Washington have grown apart from the very constituents
that sent them there.
SJR 19 will help end "business as usual" in Washington
D.C. and helps to put the people back in charge of
their government. Incumbents are heavily favored in
elections creating an uneven playing field for those
with fresh ideas to represent and serve.
1:54:52 PM
NICOLAS TOMBOULIDES, U.S. Term Limits (USTL), Washington, DC,
provided supporting information for SJR 19. He related that this
national non-profit organization was the appellant in the U.S.
Supreme Court case USTL vs. Thornton. USTL assisted 23 states to
place term limits on prospective members of the U.S. Congress
but the U.S. Supreme Court ruled that states could not impose
qualifications that are stricter than those outlined in the
Constitution. The silver lining is that this can be done under
Article V, he said.
He explained that Article V describes the process whereby the
Constitution may be amended. Thirty four states must pass
resolutions on a single subject calling for a convention. Once
that threshold is met, Congress is required to call a
convention. Each state appoints its delegates who would propose
an amendment to impose congressional term limits. This would be
ratified by the legislatures or conventions within 38 states.
MR. TOMBOULIDES reiterated support for the resolution opining
that Congress is practically and geographically removed from the
citizens of the U.S. He quoted a professor at U.C. Irvine to
support that position. He described the system as broken with
large, gerrymandered districts that encourage special interests
to step in and keep members in office for decades at a time. He
stressed the importance of creating an election system that
allows for fresh ideas and rebalances the system to make
Congress more accountable to the people.
MR. TOMBOULIDES concluded that the founders intended for Article
V to be used and there is no better time than now.
2:00:29 PM
SENATOR COSTELLO asked, assuming there is a convention and term
limits imposed, how this would affect the balance of power
between the three branches of government.
MR. TOMBOULIDES said he believes this would reinvigorate
Congress and enable the will of the people to place a check on
the executive branch because citizens would feel their voices
are being heard in congressional elections.
SENATOR COSTELLO asked the average number of years that
executive branch bureaucrats have served in their current
positions.
MR. TOMBOULIDES offered to follow up with the information.
SENATOR COGHILL asked who led on the opposite side of the issue
that resulted in USTL vs. Thornton.
2:02:55 PM
MR. TOMBOULIDES recalled that Arkansas Congressman Ray Thornton
challenged the state constitutional amendment. A lower court
ruled in his favor and USTL appealed to the U.S. Supreme Court.
It was a 5-4 decision USTL with Justice Thomas writing the
dissenting opinion.
SENATOR COGHILL commented that some might look at this as trying
to cut Alaska's senior Congressman off at the knees and his
perspective is that couldn't be farther from the truth. He
asked, assuming there is a convention and term limits imposed,
if this would be prospective.
MR. TOMBOULIDES said the delegates would make that decision, but
his organization tends to favor a prospective term limit.
Current members shouldn't be exempted forever, but they
shouldn't be thrown out of office immediately either, he said.
SENATOR COGHILL reiterated that he isn't interested in removing
the Alaska delegation then added that the effort may have worth
if two-thirds of the states agree.
He asked if continuous applications under Article V mount or
dissipate rapidly based on political whim.
MR. TOMBOULIDES said regional issues tend to die out, but when a
national issue garners enough support Congress tends to act
before the convention is convened. He named several amendments
in the Constitution that weren't done by an Article V
convention, but were pressured by one.
SENATOR COGHILL commented that there is a rich history of
America putting Congress under pressure.
2:09:03 PM
SENATOR MCGUIRE asked how the court distinguished its reasoning
in the Thornton decision and the ruling in 1951 that allowed the
term limits of the presidency to be redefined.
MR. TOMBOULIDES explained that in 1951 Congress ratified the
22nd Amendment imposing a two-term limit on the office of
President, whereas in 1995 it was a U.S. Supreme Court ruling
regarding state statutes and state constitutional amendments.
The latter did not have the same force of law as the 22nd
Amendment, he said.
SENATOR COSTELLO asked, if term limits had been imposed on
representatives and senators, how many presidents would not have
gone from consecutive service in Congress and then on to the
presidency. She commented on the advantages of institutional
knowledge versus fresh ideas and asked if he'd thought about
weighing the opportunity cost when he discussed term limits.
MR. TOMBOULIDES said he'd follow up with the data, but their
research indicates that newer members are more skeptical of the
weight and power of bureaucracy. That being said, preserving
institutional knowledge is very important and the delegates will
have to work to strike the right balance, he said.
2:14:51 PM
SENATOR MCGUIRE commented on the disconnect millennials feel
with their government and opined that it's good to move elected
officials through.
SENATOR COGHILL commented that this would force the question on
the voters and his interest stems from the low voter turnout.
2:20:00 PM
CHAIR MCGUIRE opened public testimony.
2:20:43 PM
MIKE COONS, National Legislative Director, Citizen Initiatives,
Palmer, Alaska, raised concern with some of the language in the
first resolve on page 2 of SJR 19. He pointed out that there are
already several single issue Article V organizations that are
looking for a single amendment. Also, the Convention of States
came up with three broad subjects, one of which is term limits.
The COS concept on term limits is it would apply to Congress,
federal judges, and the Supreme Court, which means an amendment
for each office.
He suggested everyone get together and put forward applications
that are specific to a named amendment. In this case, a term
limit for Congress amendment so that is the only thing that
could be brought up. He also encouraged introducing a delegate
resolution that defines the convention and contains the specific
language of the amendment. He suggested looking at the language
in SJR 15 and changing the language in the first resolve to
something similar.
He also expressed concern with the second resolve because it
combines with the convention of the states version of term
limits that has passed in 5 states. His belief is that Congress
will deny that.
2:28:05 PM
CHAIR MCGUIRE held SJR 19 in committee.
SB 180-PARENT-GUARDIAN/CHILD: TEMP. POWER OF ATTY
2:28:11 PM
CHAIR MCGUIRE announced the consideration of SB 180.
2:28:42 PM
SENATOR CATHY GIESSEL, Alaska State Legislature, Juneau, Alaska,
sponsor of SB 180, introduced the legislation speaking to the
following sponsor statement:
Senate Bill 180 seeks to establish an alternative
route to placing a child into the foster care system.
It allows parents to execute a power of attorney over
their minor child for no more than one year to another
person in order to prevent the child from needing to
enter the foster care system.
It allows parents or guardians, who are struggling, to
seek help with unemployment, homelessness, addiction,
etc. without the concern of losing their child(ren) or
being held liable for abandonment, abuse or neglect of
the child during the execution of the power of
attorney. This bill allows a parent or guardian to
execute a power of attorney for no more than one year
for their child to another person. There are
provisions in this bill that allow for military
parents or guardians, as well as incarcerated parents
to execute a power of attorney for their children. The
parent or guardian maintains all their parental rights
with the power of attorney.
This bill does not require the person appointed as the
attorney-in-fact to comply with the licensing
requirements of a child care facility or foster care.
I urge you to support this bill that will help keep
families together, keep children safe and help prevent
abuse and neglect.
2:31:41 PM
ANNA MARIA BALCZAR, representing herself, Anchorage, Alaska,
testified in support of SB 180. She shared her personal story of
using Safe Families for Children when she needed to find someone
to care for her children for 6-8 weeks after she had surgery.
Her church and others directed her to this program and she was
very happy with the outcome.
2:34:45 PM
CHARITY CARMODY, Founder and President, Beacon Hill, Anchorage,
Alaska, testified in support of SB 180. She said Beacon Hill
recently launched Safe Families for Children Alaska, which is
meant to keep kids out of foster care. They serve families that
are not in situations of abuse or neglect, but rather situations
like Ms. Balczar described. They recruit healthy families in the
community and about 15 churches are recruiting people as well.
They use the state background system, Juvenile Justice, Office
of Children's Services (OCS) records, and do home studies to
ensure that the host families are clear. A primary tenet is that
host families receive no compensation.
She described the bill as proactive to avoid potential future
problems if regulations or leadership changes. She explained
that they received a variance from OCS to operate Safe Families
for Children in the state but it will need to be renewed
annually. She said they would like to be exempt from licensure
requirements as a child placement agency because they are just
implementing the program and arranging parents to allow other
parents to watch their kids. They would also like host families
to be exempt from the licensure requirements for a foster family
because this is not foster care.
MS. CARMODY noted that they are working to tighten some of the
language to avoid potential misuse, and ensure that only
organizations like Beacon Hill, that are approved under the law,
could be exempt from the child placement agency licensing.
CHAIR MCGUIRE commented on the benefits of giving parents this
type of help.
2:40:13 PM
ANDREW BROWN, Senior Fellow for Child Welfare Reform, Foundation
of Government Accountability, Austin, Texas, testified in
support of SB 180. He stated that nearly 3,000 children are in
foster care in Alaska and that number has been rising the last
few years. Statistics show that a majority of children in the
foster care system enter because of a temporary crisis. They
really don't need to be in foster care but the parents have
nowhere else to turn to get the immediate help they need. He
related his personal experience that finally led him to the Safe
Families for Children organization. The concept is neighbors
helping neighbors during times of trouble. This organization has
served over 20,000 children, 90 percent of whom returned home
within an average of 45 days and never entered the child welfare
system. He said this is an astounding statistic if you know
anything about the foster care system. This is a program that
gets involved early and allows families to heal and remain
intact and whole.
The reason for SB 180 is to provide certainty for the continued
use of this tool, to give OCS another tool it can use, and to
protect the rights of parents. He concluded that SB 180 inspires
families to ask for help before things get out of control.
2:47:10 PM
BENJAMIN HEMMILA, host family, Safe Families for Children,
Anchorage, Alaska, testified in support of SB 180. He shared
that he and his wife were able to help a family in need and it
was a very positive experience. They are thrilled at the vision
of this program.
CHAIR MCGUIRE said she likes the idea that there is no
compensation for doing this, because too often the motivation
for providing foster care is financial. She asked if he agrees
about the financial aspect and if he receives adequate support
from churches, families, and neighbors to get needed supplies.
MR. HEMMILA said he and his wife were overwhelmed by the support
from the community and he believes that not having the financial
incentive is key.
2:51:29 PM
KARI NORE, Staff, Senator Cathy Giessel, Alaska State
Legislature, provided the following sectional analysis on behalf
of the sponsor:
Section 1: Amends AS 13.26.020 (Delegation of powers
by parent or guardian). This section removes the
delegation of powers over minors from this section.
This section now only applies to the delegation of
powers over an incapacitate person by a parent or
guardian.
Section 2: Adds a new section under AS 13.26 This
creates a new section (AS 13.26.023 Delegation of
powers over minor child) for the delegation of powers
over minors. Gives parents or guardians the authority
to execute a power of attorney to delegate to another
person one or more powers regarding the care, custody
or property of the minor child. With the exception of
the marriage or adoption of the child, performance of
an abortion or the termination of parental rights to
the minor child. Parent or guardians have the right to
revoke the power of attorney at any time. The power of
attorney for no more than one year, however a new
power of attorney can be executed at the end of the
one year period. Parents or guardians in the military
may execute a power of attorney for greater than one
year if the parent is on active duty, the power of
attorney is then equal to the length of the active
duty plus 30 days. No compensation will be given for
the duration of the power of attorney. The form for a
parent or guardian appointing an attorney-in-fact for
their child is provided in this section. Designation
of a power of attorney does not terminate parental
rights or obligations of the parent or guardian to the
minor child, however it does not constitute
abandonment, abuse or neglect, unless the parent fails
to retake custody after the power of attorney expires
and fails to execute a new one. Under a power of
attorney a child is not considered in foster care and
the attorney in fact is not considered to be providing
foster care and does not need to be licensed as a
child care facility or foster care (AS 47.32). The
power of attorney also does not constitute as an out-
of-home placement under AS 47.10. Definitions are
provided at the end of this section.
Section 3: Amends AS 25.23.060(c) (Execution of
consent; consent as power of attorney) This section
amends AS 25.23.060(c) to insert references to the new
section added in AS 13.26 which was created in Section
2 of this bill.
Section 4: Amends AS 47.10.086(a) (Reasonable efforts)
This section allows the department to distribute
information to the parent or guardian of a child in
need of aid about community based family support
services including the use of a power of attorney to
select an individual to care for the child
temporarily.
2:52:58 PM
Responding to questions, Ms. Nore said the three exceptions to
delegating the power regarding the care, custody, or property of
the minor start on page 2, line 4. Also, there is no limitation
on the number of new powers of attorney that can be executed
following expiration.
She noted that the form for a parent or guardian to appoint an
attorney-in-fact is provided on page 3 - page 5.
CHAIR MCGUIRE said the form includes the exceptions on page 2,
lines 4-7, and she assumes that nothing in the document would
supersede the rights that minor children have to judicial bypass
laws. She noted that this is relevant to the issue of abortion.
SENATOR COGHILL voiced support for getting answers.
CHAIR MCGUIRE said she wants clarification that in those
individual cases, the right of the child to go before a court
still exists as if it were their parent stepping in their shoes.
MS. NORE agreed to check with Legislative Legal to clarify that
this doesn't take more rights away from a minor.
SENATOR GIESSEL pointed out that the language in the consent
form on page 3, line 17, speaks to that.
2:56:53 PM
SENATOR COSTELLO asked if one parent could undermine the rights
of the other parent with regard to the power of attorney. She
noted there is another power of attorney bill in the committee
and she wants assurance there won't be unintended consequences.
2:57:33 PM
CHAIR MCGUIRE clarified that the other bill is HB 8 sponsored by
Representative Shelly Hughes. She suggested the two teams have a
conversation before the next hearing.
2:58:15 PM
SENATOR WIELECHOWSKI posed the following questions: 1) can this
be done now; 2) is there an ability to sue if there are medical
or dental costs; 3) could a 15 year old stay with a 17 or 18
year old; 4) does the PFD go to the biological parents or host
parents.
SENATOR GIESSEL said she appreciates the questions and believes
Ms. Carmody could answer them, but the committee is out of time
today.
2:59:50 PM
CHAIR MCGUIRE held SB 180 in committee.
3:00:11 PM
There being no further business to come before the committee,
Chair McGuire adjourned the Senate Judiciary Standing Committee
meeting at 3:00 p.m.