04/13/2016 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB27 | |
| HB308 | |
| SB212 | |
| SB187 | |
| HB8 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 187 | TELECONFERENCED | |
| + | HB 308 | TELECONFERENCED | |
| *+ | SB 212 | TELECONFERENCED | |
| + | HB 27 | TELECONFERENCED | |
| + | HB 126 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 8 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
April 13, 2016
1:50 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
CS FOR SS FOR HOUSE BILL NO. 27(JUD) AM
"An Act relating to the duties of the Department of Health and
Social Services; relating to hearings on and plans for permanent
placement of a child in need of aid; relating to school
placement and transportation for children in foster care;
relating to foster care transition programs; relating to
emergency and temporary placement of a child in need of aid;
relating to transitional living arrangements for children in
foster care; and amending Rule 17.2, Alaska Child in Need of Aid
Rules of Procedure."
- MOVED SCS CSSSHB 27(HSS) OUT OF COMMITTEE
HOUSE BILL NO. 308 AM
"An Act relating to the limitation of liability for the
inspection, installation, or adjustment of a child safety seat
or in providing education regarding the installation or
adjustment of a child safety seat; and relating to child safety
devices in motor vehicles.
- HEARD & HELD
SENATE BILL NO. 187
"An Act relating to arson in the third degree."
- MOVED SB 187 OUT OF COMMITTEE
SENATE BILL NO. 212
"An Act relating to civil in rem forfeiture actions; and
providing for an effective date."
- HEARD & HELD
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 8(JUD) AM
"An Act relating to powers of attorney and other substitute
decision-making documents; relating to the uniform probate code;
relating to notaries public; and providing for an effective
date."
- MOVED SCS CSHB 8(JUD) OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 126(JUD) am
"An Act relating to the administration of military justice;
relating to the adoption of regulations by the adjutant general;
relating to the authority of the adjutant general; relating to
appeals of convictions and sentences of courts-martial;
establishing the Military Appeals Commission; relating to the
detention and incarceration of members of the militia; relating
to the jurisdiction of the supreme court over petitions from the
Military Appeals Commission; relating to involuntary commitment
for evaluation or treatment of a mental disease or defect before
court-martial proceedings; relating to offenses subject to
court-martial proceedings; amending Rule 6, Alaska Rules of
Criminal Procedure; and providing for an effective date."
- SCHEDULED BUT NOT HEARD
PREVIOUS COMMITTEE ACTION
BILL: HB 27
SHORT TITLE: DHSS DUTIES; CINA; FOSTER CARE; ADOPTION
SPONSOR(s): REPRESENTATIVE(s) GARA
01/21/15 (H) PREFILE RELEASED 1/9/15
01/21/15 (H) READ THE FIRST TIME - REFERRALS
01/21/15 (H) HSS, JUD
02/11/15 (H) SPONSOR SUBSTITUTE INTRODUCED
02/11/15 (H) READ THE FIRST TIME - REFERRALS
02/11/15 (H) HSS, JUD
02/12/15 (H) HSS AT 3:00 PM CAPITOL 106
02/12/15 (H) Heard & Held
02/12/15 (H) MINUTE (HSS)
02/24/15 (H) HSS AT 3:00 PM CAPITOL 106
02/24/15 (H) Heard & Held
02/24/15 (H) MINUTE (HSS)
04/02/15 (H) HSS AT 3:00 PM CAPITOL 106
04/02/15 (H) Moved SSHB 27 Out of Committee
04/02/15 (H) MINUTE (HSS)
04/03/15 (H) HSS RPT 4DP
04/03/15 (H) DP: TARR, FOSTER, WOOL, SEATON
04/13/15 (H) JUD AT 1:00 PM CAPITOL 120
04/13/15 (H) Moved CSSSHB 27(JUD) Out of Committee
04/13/15 (H) MINUTE (JUD)
04/15/15 (H) JUD RPT CS (JUD) NT 5DP 1AM
04/15/15 (H) DP: CLAMAN, LYNN, FOSTER, GRUENBERG,
LEDOUX
04/15/15 (H) AM: KELLER
04/01/16 (H) TRANSMITTED TO (S)
04/01/16 (H) VERSION: CSSSHB 27(JUD) AM
04/04/16 (S) READ THE FIRST TIME - REFERRALS
04/04/16 (S) HSS, JUD
04/11/16 (S) HSS AT 1:30 PM BUTROVICH 205
04/11/16 (S) Heard & Held
04/11/16 (S) MINUTE (HSS)
04/13/16 (S) HSS RPT SCS 3DP SAME TITLE
04/13/16 (S) DP: STEDMAN, STOLTZE, GIESSEL
04/13/16 (S) HSS AT 9:00 AM FAHRENKAMP 203
04/13/16 (S) Moved SCS CSSSHB 27(HSS) Out of
Committee
04/13/16 (S) MINUTE (HSS)
04/13/16 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: HB 308
SHORT TITLE: CHILD SAFETY SEAT INSTALLATION LIABILITY
SPONSOR(s): REPRESENTATIVE(s) MILLETT
02/12/16 (H) READ THE FIRST TIME - REFERRALS
02/12/16 (H) L&C, JUD
03/28/16 (H) L&C AT 3:15 PM BARNES 124
03/28/16 (H) Moved HB 308 Out of Committee
03/28/16 (H) MINUTE (L&C)
03/29/16 (H) L&C RPT 3DP 2NR
03/29/16 (H) DP: HUGHES, TILTON, OLSON
03/29/16 (H) NR: JOSEPHSON, KITO
04/06/16 (H) JUD AT 1:00 PM GRUENBERG 120
04/06/16 (H) Moved HB 308 Out of Committee
04/06/16 (H) MINUTE (JUD)
04/07/16 (H) JUD RPT 6DP
04/07/16 (H) DP: MILLETT, KREISS-TOMKINS, LYNN,
KELLER, CLAMAN, LEDOUX
04/10/16 (H) TRANSMITTED TO (S)
04/10/16 (H) VERSION: HB 308 AM
04/11/16 (S) READ THE FIRST TIME - REFERRALS
04/11/16 (S) JUD
04/13/16 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 187
SHORT TITLE: MOTOR VEHICLE ARSON ON PRIVATE PROPERTY
SPONSOR(s): SENATOR(s) EGAN
02/19/16 (S) READ THE FIRST TIME - REFERRALS
02/19/16 (S) JUD
04/13/16 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 212
SHORT TITLE: FORFEITURE: NO CIVIL IN REM; ONLY CRIMINAL
SPONSOR(s): JUDICIARY
04/11/16 (S) READ THE FIRST TIME - REFERRALS
04/11/16 (S) JUD, FIN
04/13/16 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: HB 8
SHORT TITLE: POWERS OF ATTORNEY
SPONSOR(s): HUGHES
01/21/15 (H) PREFILE RELEASED 1/9/15
01/21/15 (H) READ THE FIRST TIME - REFERRALS
01/21/15 (H) JUD
02/13/15 (H) JUD AT 1:00 PM CAPITOL 120
02/13/15 (H) Heard & Held
02/13/15 (H) MINUTE (JUD)
02/23/15 (H) JUD AT 1:00 PM CAPITOL 120
02/23/15 (H) Moved CSHB 8(JUD) Out of Committee
02/23/15 (H) MINUTE (JUD)
02/25/15 (H) JUD RPT CS (JUD) 2DP 4NR
02/25/15 (H) DP: LYNN, KELLER
02/25/15 (H) NR: MILLETT, CLAMAN, GRUENBERG, FOSTER
03/09/15 (H) TRANSMITTED TO (S)
03/09/15 (H) VERSION: CSHB 8(JUD) AM
03/11/15 (S) READ THE FIRST TIME - REFERRALS
03/11/15 (S) HSS, JUD
04/10/15 (S) HSS AT 1:30 PM BUTROVICH 205
04/10/15 (S) Heard & Held
04/10/15 (S) MINUTE (HSS)
01/27/16 (S) HSS AT 1:30 PM BUTROVICH 205
01/27/16 (S) Moved SCS CSHB 8(HSS) Out of Committee
01/27/16 (S) MINUTE (HSS)
01/29/16 (S) HSS RPT SCS 3DP 2NR SAME TITLE
01/29/16 (S) DP: GIESSEL, ELLIS, KELLY
01/29/16 (S) NR: STEDMAN, STOLTZE
02/08/16 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/08/16 (S) Heard & Held
02/08/16 (S) MINUTE (JUD)
WITNESS REGISTER
REPRESENTATIVE LES GARA
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of HB 27.
TRACY SPARTZ CAMPBELL, Deputy Director
Office of Children Services
Department of Health and Social Services (DHSS)
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 27.
AMANDA METIVIER, Executive Director
Facing Foster Care in Alaska
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 27.
LINDSEY WHITT, Staff
Representative Charisse Millett
POSITION STATEMENT: Introduced HB 308 on behalf of the sponsor.
SARA PENISTEN, RN
Providence Medical Center
Anchorage, Alaska
POSITION STATEMENT: Answered questions related to HB 308.
FORREST WOLFE, Staff
Senator Lesil McGuire
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced SB 212 on behalf of the sponsor.
MEGAN WALLACE, Legislative Attorney
Legislative Legal Services
Legislative Affairs Agency
Juneau, Alaska
POSITION STATEMENT: Answered questions related to SB 212.
PETER SANDBERG, Attorney
Ingaldson Maassen Fitzgerald
Anchorage, Alaska
POSITION STATEMENT: Commented on SB 212.
JESSE KIEHL, Staff
Senator Dennis Egan
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced SB 187 on behalf of the sponsor.
DAN JAGER Fire Marshall
Capital City Fire and Rescue and
Board Member
Alaska Association of Fire Arson Investigators
Juneau, Alaska
POSITION STATEMENT: Testified in support of SB 187.
REPRESENTATIVE SHELLEY HUGHES
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of HB 8.
GINGER BLAISDELL, Staff
Representative Shelley Hughes
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Reviewed the changes between version G and
version L of HB 8.
ACTION NARRATIVE
1:50:01 PM
CHAIR LESIL MCGUIRE called the Senate Judiciary Standing
Committee meeting to order at 1:50 p.m. Present at the call to
order were Senators Costello, Coghill, Wielechowski, and Chair
McGuire.
HB 27-DHSS DUTIES; CINA; FOSTER CARE; ADOPTION
1:51:14 PM
CHAIR MCGUIRE announced the consideration of HB 27. [SCS CSSSHB
27(HSS) is before the committee.]
1:51:20 PM
REPRESENTATIVE LES GARA, Alaska State Legislature, Juneau,
Alaska, sponsor of HB 27, said the goal of the legislation is to
get youths out of foster care and into loving, permanent homes.
Alaska has more youth per capita waiting for an adoptive home
than all other states but Oklahoma. Alaska has 700 youth waiting
for adoption while Wyoming, that has a similar population, has
81 children in foster care. Many children linger in the foster
care system or are bounced between foster homes. He mentioned a
university student who transitioned through 47 foster homes and
stressed that you shouldn't need to be a hero to survive the
foster care system.
He talked about the stresses within the Office of Children's
Services (OCS) and related that the bill aims to provide a
double safety check to ensure that the most important things
regarding foster care are done right. During the regular status
hearings, the court will ask the caseworker what he/she has done
to get the child into a permanent home, such as a family search.
If the caseworker hasn't done anything, the court will direct
them to come back in 20 days to show the family search has been
done. He described two brothers who were 16 and in foster care
their whole lives before a caseworker found out they had a
grandparent, an aunt, and an uncle. The bill requires OCS at
every placement change to make sure that the family search is
updated.
He described the Casey Family Foundation that worked to allow
youth to stay in foster care as long as they need to, up to age
21. He stressed that a youth that isn't ready to go out on their
own shouldn't be dumped out of the system. About 25 percent of
foster youth end up in jail at some point and roughly 40 percent
end up couch surfing or homeless. Another part of HB 27 is that
caseworkers must now show, at the regular status hearing, that
it is in the youth's best interest to exit the foster care
system.
REPRESENTATIVE GARA said the bill also recognizes the importance
of school stability for a foster child. It provides that the
department will attempt to keep the child in the same school, if
feasible, because on average, every school bounce moves the
child four months behind in their education.
1:58:24 PM
CHAIR MCGUIRE commented that if there isn't stability in the
family, it's needed in the school.
REPRESENTATIVE LES GARA said another important provision allows
OCS to let a child live in a dorm while they're in foster care
if they still need to be in foster care. Right now that's
illegal. The bill also says that OCS should help the child with
education or vocational training. It removes the term "basic
education" which he described as somewhat reminiscent of Charles
Dickens.
The bill also asks the department when its members are in front
of a large group to let the crowd know they have a shortage of
foster families and adoptive families. The department has
frequent access to large crowds on a regular basis which makes
it a good venue for getting the message out, and it doesn't cost
money.
REPRESENTATIVE GARA concluded with a quote from the Alaska
Children's Trust that said, "This bill will help reduce the
impact of trauma by taking steps to get youth out of foster care
into loving homes. It reduces new incidences of adverse
childhood experiences and builds resilience among Alaska's
children."
CHAIR MCGUIRE expressed appreciation for the bill and the
sponsor's work in the area of foster care. She spoke of her
frustration about the pro-life mandate in the building when
there isn't sufficient work once the child is born. If every
life matters we need to find ways that the child has a great
chance at life, she said. This bill is a terrific step in that
direction.
2:05:53 PM
SENATOR COSTELLO referenced a chart in the bill packets and
asked if he knows what Maryland has done since 2005 to reduce
the number of kids in the foster care system from 2,000 to 500.
REPRESENTATIVE LES GARA said he didn't know but he'd make it a
summer project to find out.
CHAIR MCGUIRE requested he consider using interns and law
students to work toward changing the system.
2:07:23 PM
SENATOR COGHILL expressed appreciation for the legislation and
noted it aligns with the Indian Child Welfare Act (ICWA).
Directing attention to the new language in Section 5 relating to
transfers of a child from one out-of-home placement to another,
he asked if it's in keeping with existing requirements or a new
requirement that an adult family member or family friend must
meet the foster care licensing requirements established by the
department.
REPRESENTATIVE GARA replied the licensing requirements are the
same. This section is to make sure that a search for a family
member or family friend is done with each transfer in placement.
SENATOR COGHILL said he wanted to make sure this didn't create a
new hurdle for families and make it more difficult to take in
family members.
REPRESENTATIVE GARA said the licensing requirements are the same
including the lower level licensing requirements for a relative
placement, but in all cases there is a criminal background check
and a finding that it's in the best interest of the child.
SENATOR COGHILL questioned the change in Section 9 that
increases the upper limit of state oversight of a child in state
custody from 18 years of age to 21 years of age. He noted that
in most cases, a person who is 18 is considered an adult.
REPRESENTATIVE GARA said the bill doesn't change the age of
consent and a child is already able to stay in foster care up to
21 years of age. Existing law requires the department to
continue to search for a suitable adoptive or permanent
placement of a child up to 18 years of age and the bill would
require the department to continue that search up to 21 years of
age. After age 18, the child is called a person. He said he
knows of older children who still want to be adopted.
SENATOR COGHILL expressed satisfaction with the bill and opined
that this codifies what the department is already doing.
REPRESENTATIVE GARA clarified that the department believes in
these things and wants their caseworkers to be doing these
things. But because it's not always happening, the bill has the
court double check and ask at every status hearing whether or
not the caseworker has tried to find a permanent home or if it's
in the best interest of the child to drop him/her out of foster
care against their will.
CHAIR MCGUIRE commented on the potential to have a broader
spectrum of foster parents for older youths, and expressed hope
that the sponsor's efforts lead to new grants.
2:16:24 PM
TRACY SPARTZ CAMPBELL, Deputy Director, Office of Children
Services, Department of Health and Social Services (DHSS),
stated that HB 27 offers a double check by the court to ensure
that the work that caseworkers should be doing is being done.
Other provisions include the addition to the permanency report
requiring the department to report to the court that reasonable
efforts have been made to find a permanent home and when older
youth are exiting care there will need to be a report that
outlines it is in the best interest of the youth to exit care.
She highlighted that the bill aligns federal mandates with
current statutory requirements, which will allow the department
to streamline their mandates.
She emphasized the effort OCS puts into looking for relatives
with every placement transfer. She related that they often talk
about first placement/best placement being with a relative, and
the bill reinforces that. When a placement transfer is necessary
they also strive for educational stability. Because much of what
is presented in the bill is already being done, the division has
presented a zero fiscal note.
2:19:00 PM
AMANDA METIVIER, Executive Director, Facing Foster Care in
Alaska, testified in support of HB 27. She said foster youth
throughout the state have been asking for this legislation for
some time and her organization requested certain provisions. In
particular is the continued search for permanent, loving
families. She shared that she has a foster youth in her home who
has been in the foster care system for about 12 years and has
moved through 47 different foster care placements. HB 27 aims to
help situations like this by continuing to search for a
permanent family or relatives.
SENATOR COSTELLO expressed appreciation for the work Ms.
Metivier and her daughter have done to help move the bill along.
2:21:40 PM
CHAIR MCGUIRE closed public testimony on HB 27.
SENATOR COGHILL clarified the working document is version S that
was reported from the Senate Health and Social Services Standing
Committee on
CHAIR MCGUIRE asked the sponsor if he had any other changes to
highlight.
REPRESENTATIVE LES GARA explained that the amendment that passed
the House floor was refined in the Senate committee substitute,
version S, to ensure that decisions regarding school placement
don't add costs unnecessarily. These decisions will be addressed
during team decision meetings, where all stakeholders meet to
discuss foster placement changes. He noted that OCS would like
to extend the team decision making model statewide but it is
currently limited to the larger urban areas. This is addressed
on page 7, lines 13-16.
2:25:48 PM
SENATOR COGHILL moved to report the Senate CS for HB 27 from
committee with individual recommendations and attached fiscal
note(s).
CHAIR MCGUIRE announced that without objection, SCS CSSSHB
27(HSS) is reported from the Senate Judiciary Standing
Committee.
HB 308-CHILD SAFETY SEAT INSTALLATION LIABILITY
2:26:25 PM
CHAIR MCGUIRE announced the consideration of HB 308. She noted
that HB 308 AM is before the committee and this is the first
hearing.
2:26:45 PM
LINDSEY WHITT, Staff, Representative Charisse Millett, Alaska
State Legislature, Juneau, Alaska, introduced HB 308 speaking to
the following sponsor statement:
Motor vehicle injuries are a leading cause of death
and injury among children in the United States.
However, many of these deaths are preventable with the
correct installation and use of child passenger safety
devices, like car seats or booster seats. Car seat use
reduces the risk for death to infants by 71%; and to
toddlers by 54% in passenger vehicles. Booster seat
use reduces the risk for serious injury by 45% for
children aged 4-8 years when compared with seat belt
use alone. The correct installation of any of these
devices can alter their effectiveness dramatically,
but many parents or caregivers accidentally misuse
child restraints due to their complicated, unwieldy
nature.
In Alaska, the Child Passenger Safety Coalition has
made the goal of protecting children traveling on the
roadways of Alaska their priority. Members include
healthcare professionals, firefighters, paramedics,
law enforcement officers, injury prevention
professionals, health and safety personnel, educators,
parents, businesses, foundations, policymakers, and
volunteers. Their team of Child Passenger Safety
Technicians perform checks and help with the
installation of child passenger safety devices for any
new or interested parent or caregiver. Technicians are
certified after successfully completing a 3 or 4-day
program of classroom and hands-on work with child
restraints and motor vehicles then demonstrate their
skills at a community CPS check-up event. The
resulting certification as a Child Passenger Safety
Technician is nationally recognized and valid for 2
years.
However, recruitment of new technicians can be
difficult due to a lack of liability protection. To
remedy this deficit of trained safety experts who
provide essential assistance to parents, caregivers,
and most importantly children, House Bill 308 limits
the civil liability of certified technicians, or those
who facilitate their program, in the case that an
accident results from an act or omission in the
inspection, installation, or adjustment of a child
passenger safety device. With the goal of having our
state's children safe and secured in their car seats
and booster seats, this bill hopes to increase the
numbers of those who can effectively install and
inspect devices and direct liability to those who
actually commit wrongful, criminal acts.
CHAIR MCGUIRE listed the individuals available to answer
questions: Anthony Green with Safe Kids Worldwide, Sara Penisten
with Providence Medical Center, Clifton Powell with the
Anchorage Fire Department, Jane Fellman with Safe Kids Kenai
Peninsula, Mari Carpeneti with the Department of Law, Megan
Wallace with Legislative Legal, and Corlis Taylor with the
Alaska Child Passenger Safety Coalition.
2:28:11 PM
MS. WHITT offered the following sectional analysis for HB 308:
Section 1:
Provides that the following are not civilly liable in
the case of an act or omission that occurs in the
inspection, installation, or adjustment of a child
safety seat or in providing education regarding the
installation or adjustment of a child safety seat:
- A certified Child Passenger Safety Technician (CPST)
- A person who arranges or offers the services of a
CPST for the community
- A person who owns property where a CPST is operating
A CPST must offer their services for free or for the
amount of their actual costs, in good faith, and
within the scope of their training. They may also not
be sponsored by a child passenger safety device
manufacturer or retailer.
Section 2:
A new subsection (b) to AS 28.05.095 was added on the
House floor changing the weight requirements of a
child who is in need of a booster seat.
A child under age 16 may not be transported in a
vehicle without securing them safely.
- A child one year of age or a child one year or older
who weighs less than 20 pounds must be properly
secured in a rear-facing child seat.
- A child of one or more years but less than five
years of age who weighs 20 pounds or more shall be
properly secured in a child restraint device.
- A child over four years of age but less than eight
years of age who is less than 57 inches in height and
weighs 20 or more pounds but less than 65 pounds shall
be properly secured in a booster seat.
Section 3
Applicability clause.
2:31:52 PM
SENATOR COSTELLO questioned why seat belts aren't required in
school buses.
MS. WHITT deferred to Sara Penisten.
2:32:29 PM
SARA PENISTEN, RN, Providence Medical Center, said the
statistics from the motor vehicle testing process indicate that
school buses are 8 times safer for a child passenger than riding
in a private motor vehicle. However, the National Highway
Traffic Safety Administration (NHTSA) is currently looking at
new requirements for school buses and changes in recommendations
for school busses are expected in the next few years. She
explained that traditionally they have operated on a
compartmentalization model that is similar to eggs in an egg
crate; if students are sitting in their seats facing forward,
they are protected in a frontal collision. The protection
doesn't extend to rollover situations.
SENATOR COSTELLO said it's encouraging that changes are likely
because she never understood the exemption.
CHAIR MCGUIRE held HB 308 in committee.
SB 212-FORFEITURE: NO CIVIL IN REM; ONLY CRIMINAL
2:35:26 PM
CHAIR MCGUIRE announced the consideration of SB 212. She noted
that this is the first hearing.
2:35:29 PM
FORREST WOLFE, Staff, Senator McGuire, Alaska State Legislature,
Juneau, Alaska, introduced SB 212 on behalf of the sponsor
speaking to the following prepared statement:
Senate Bill 212 protects the private property rights
of innocent citizens by requiring that Alaska's
revered and dedicated law enforcement agencies, charge
individuals with a crime before permanently seizing
private property
Across the nation, civil asset forfeiture laws have
gained notoriety in recent years for rampant abuse and
deliberate circumvention of due process. Well-
documented cases of policing for profit have sparked a
wave of reform nationwide.
SB 212 is a step in the right direction in protecting
private citizens' property rights and affirming the
integrity of law enforcement.
2:36:30 PM
SENATOR COGHILL asked for an explanation of in rem forfeiture
actions.
MR. WOLFE deferred the question to the drafter.
2:36:56 PM
MEGAN WALLACE, Legislative Attorney, Legislative Legal Services,
Legislative Affairs Agency, explained that in rem is an action
brought against a piece of property as opposed to against a
person.
CHAIR MCGUIRE asked Mr. Sandberg to comment on the bill.
2:37:55 PM
PETER SANDBERG, Attorney, Ingaldson Maassen Fitzgerald,
explained that SB 212 is intended to ensure that people don't
unjustly lose their property in a civil proceeding. If there is
going to be forfeiture of property, it will happen through the
criminal process. He noted that Mr. Skidmore would probably say
that civil in rem forfeiture isn't used in Alaska, but cases
from the late 1990s and early 2000s make it clear that it was
used. In some of those cases the people were acquitted and still
lost their property.
SENATOR WIELECHOWSKI asked if this is a problem in Alaska.
MR. SANDBERG said there is no single procedure for forfeiture in
Alaska law and he believes that most people would say it's
fundamentally unfair to be acquitted of a crime and still have
your property taken. He read the summary of the Waste v. State
decision that is the case law on the matter.
CHAIR MCGUIRE referenced an article in the packet that refers to
a U.S. Supreme Court ruling tossing out Alvarez v. Smith. She
said that was a challenge to a portion of the asset forfeiture
law in Illinois allowing government to keep seized property for
up to six months before giving an owner a day in court.
2:43:10 PM
SENATOR WIELECHOWSKI noted an article indicating that in rem
forfeiture is a civil method of law enforcement for Indian
tribes. He expressed interest in knowing if that's an issue in
Alaska.
2:43:29 PM
CHAIR MCGUIRE held SB 212 in committee for future consideration.
SB 187-MOTOR VEHICLE ARSON ON PRIVATE PROPERTY
2:43:52 PM
CHAIR MCGUIRE announced the consideration of SB 187.
2:44:06 PM
JESSE KIEHL, Staff, Senator Dennis Egan, Alaska State
Legislature, Juneau, Alaska, informed the committee that SB 187
closes an interesting oddity in Alaska's arson law. Under
existing law, if a person intentionally lights a fire and there
is a serious risk of injury to someone, that is arson in the
first degree, a class A felony. If a person intentionally burns
a building that isn't theirs, that is arson in the second
degree, a class B felony. If someone burns a vehicle, whether
they own it or not, on city or state land, that is arson in the
third degree, a class C felony. But it is not arson if a person
burns the boss's car in the company parking lot or an ex's car
in her driveway. That is criminal mischief in the third degree.
SB 187 fixes that oddity by extending the crime of arson to
include burning another person's car, regardless of where it is
parked. It will be arson in the third degree, a class C felony.
2:46:21 PM
CHAIR MCGUIRE commented that burning is an early indicator of
deviant, antisocial behavior; it demonstrates a wanton disregard
for life and property.
MR. KIEHL related that the current arson statute was created in
2008 and aimed at a particular situation that had gotten out of
control. The sponsor of that bill supports this legislation.
CHAIR MCGUIRE asked if the mental intent is intentionally.
MR. KIEHL said intentionally burning is the status quo language
throughout the existing arson statutes and there have been many
successful prosecutions with that language.
CHAIR MCGUIRE commented on the Sockeye Fire.
MR. KIEHL said the follow-on risks to intentionally starting a
fire are significant and, as a former volunteer fireman, the
sponsor is particularly concerned about the risk to first
responders in a vehicle fire.
SENATOR COGHILL stated support for the bill.
2:50:53 PM
DAN JAGER Fire Marshall, Capital City Fire and Rescue, and board
member, Alaska Association of Fire Arson Investigators, said
this group has been pushing to make changes in the arson
statute. SB 187 adds clarification for fire investigators across
the state and ensures that people who are responsible for
burning vehicles will be properly charged.
2:51:32 PM
CHAIR MCGUIRE found no further comment and closed public
testimony on SB 187. Finding no amendments or committee
discussion, she solicited a motion.
2:51:47 PM
SENATOR COGHILL moved to report SB 187 from committee with
individual recommendations and attached zero fiscal note.
CHAIR MCGUIRE announced that without objection, SB 187 is
reported from the Senate Judiciary Standing Committee.
HB 8-POWERS OF ATTORNEY
2:52:24 PM
CHAIR MCGUIRE announced the consideration of HB 8. She relayed
that this is the second hearing, public testimony is open, and
there is a proposed committee substitute.
2:53:10 PM
SENATOR COSTELLO moved to adopt SCS CSHB 8, labeled 29-LS0055\L,
as the working document.
CHAIR MCGUIRE announced that without objection version L is
adopted.
2:53:33 PM
REPRESENTATIVE SHELLEY HUGHES, Alaska State Legislature, sponsor
of HB 8, thanked the Chair for bringing the bill back for
consideration. She described HB 8 as a top priority for many
groups representing seniors and noted it is the culmination of
three year's work.
2:54:01 PM
GINGER BLAISDELL, Staff, Representative Shelley Hughes, reviewed
the changes between version G and version L of HB 8.
Page 5, lines 2 and 10:
Change "seven" to "five".
Page 5, line 13:
Change "five" to "three".
Explanation:
Three amendments change the wait times by two fewer
days, for businesses and financial institutions to
honor the Agent's powers. When the Agent is acting on
behalf of the Principle in honesty, reducing the wait
time to less than two weeks, could reduce the
possibility for unforeseen consequences. A delay to
recognize the POA could result in late payments with
fees and can cause undue stress and unnecessary
administrative burden on the Agent.
Page 7, lines 3-10:
Delete all material.
Renumber remaining bill sections accordingly.
Explanation:
This amendment is a conforming amendment so that the
Power of Attorney language adopted in this Act
eliminates duplicative language that is provided for
in the Recognition of Substitute Decision-Making
Documents provisions in Section 27 (renumbered).
Page 8, lines 7-13:
Delete: "Mark the box of "NO" that is opposite a
category below to indicate that you are not giving
your agent or agents the power in that category. Mark
a box for every category. If you do not mark either of
the boxes opposite a category, or if you mark both of
the boxes"
Insert" "If you do not mark a box"
Page 8, line 21 through Page 9, line 10:
Remove the "NO" column
Page 13, lines 23-26:
Delete: "(5) if the principal has failed to mark
either of the "Yes" or "No" boxes opposite a category
of power, or if the principal has marked both the
"Yes" or "No" boxes opposite a category of power, the
agent does not have the power in that category."
Explanation:
Three amendments change the statutory form to offer
only a "Yes" column for the principal to indicate
which powers are to be given to the agent. The
amendments remove additional instruction on completing
the form to fit a single option response rather than a
"yes" - "no" option.
Page 38, lines 16-17:
Delete "Except as provided in AS 13.26.331, a"
Insert "A"
Explanation:
This amendment is a conforming amendment so that the
Power of Attorney language adopted in this Act
eliminates duplicative language that was provided in
Section 5.
2:55:17 PM
SENATOR COGHILL described the current version as a good
compromise.
SENATOR COSTELLO thanked the sponsor for working with the
committee to add protections for seniors.
2:56:21 PM
SENATOR COGHILL moved to report the Senate CS for CS for HB 8,
labeled 29-LS0055\L, from committee with individual
recommendations and attached zero fiscal note.
CHAIR MCGUIRE announced that without objection, SCS CSHB 8(JUD)
is reported from the Senate Judiciary Standing Committee.
2:56:49 PM
There being no further business to come before the committee,
Chair McGuire adjourned the Senate Judiciary Standing Committee
meeting at 2:56 p.m.