04/17/2018 09:00 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB307 | |
| HB355 | |
| HB170 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 170 | TELECONFERENCED | |
| += | HB 355 | TELECONFERENCED | |
| += | HB 307 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
April 17, 2018
9:21 a.m.
MEMBERS PRESENT
Senator John Coghill, Chair
Senator Mia Costello
Senator Pete Kelly
Senator Bill Wielechowski
Senator Mike Shower
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 307(JUD)
"An Act requiring a person who commits certain offenses under
the code of military justice to register as a sex offender or
child kidnapper; relating to the Service members Civil Relief
Act; relating to contracts made by service members; relating to
nonjudicial punishment of members of the organized militia;
relating to offenses subject to court- martial proceedings; and
providing for an effective date."
- MOVED SCS CSHB 307(JUD) OUT OF COMMITTEE
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 355(JUD)
"An Act relating to the crime of criminally negligent burning;
relating to protection of and fire management on forested land;
relating to prohibited acts and penalties for prohibited acts on
forested land; requiring the Alaska Supreme Court to establish a
bail schedule; and providing for an effective date."
- HEARD & HELD
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 170(JUD)
"An Act relating to securities, registration, exempt securities,
exempt transactions, broker-dealers, agents, investment advice,
investment advisers, investment adviser representatives, federal
covered securities, federal covered investment advisers,
viatical settlement interests, small intrastate security
offerings, Canadian broker-dealers, and Canadian agents;
relating to protecting older and vulnerable adults from
financial exploitation; relating to administrative, civil, and
criminal enforcement provisions, including restitution and civil
penalties for violations; relating to an investor training fund;
establishing increased civil penalties for harming older persons
and vulnerable adults; relating to corporations organized under
the Alaska Native Claims Settlement Act; amending Rules 4, 5,
54, 65, and 90, Alaska Rules of Civil Procedure, and Rule 602,
Alaska Rules of Appellate Procedure; and providing for an
effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 307
SHORT TITLE: MILITARY JUSTICE & MILITIA CIVIL RELIEF
SPONSOR(s): REPRESENTATIVE(s) TUCK
01/24/18 (H) READ THE FIRST TIME - REFERRALS
01/24/18 (H) MLV, JUD
01/30/18 (H) MLV AT 1:30 PM GRUENBERG 120
01/30/18 (H) Heard & Held
01/30/18 (H) MINUTE(MLV)
02/06/18 (H) MLV AT 1:00 PM GRUENBERG 120
02/06/18 (H) Heard & Held
02/06/18 (H) MINUTE(MLV)
02/13/18 (H) MLV AT 1:00 PM GRUENBERG 120
02/13/18 (H) Moved CSHB 307(MLV) Out of Committee
02/13/18 (H) MINUTE(MLV)
02/14/18 (H) MLV RPT CS(MLV) NT 2DP 1NR 2AM
02/14/18 (H) DP: PARISH, TUCK
02/14/18 (H) NR: SADDLER
02/14/18 (H) AM: RAUSCHER, LEDOUX
02/19/18 (H) JUD AT 1:30 PM GRUENBERG 120
02/19/18 (H) Heard & Held
02/19/18 (H) MINUTE(JUD)
02/21/18 (H) JUD AT 1:00 PM GRUENBERG 120
02/21/18 (H) Moved CSHB 307(JUD) Out of Committee
02/21/18 (H) MINUTE(JUD)
02/23/18 (H) JUD RPT CS(JUD) NT 6DP 1NR
02/23/18 (H) DP: KOPP, KREISS-TOMKINS, STUTES,
LEDOUX, REINBOLD, CLAMAN
02/23/18 (H) NR: EASTMAN
02/28/18 (H) TRANSMITTED TO (S)
02/28/18 (H) VERSION: CSHB 307(JUD)
03/01/18 (S) READ THE FIRST TIME - REFERRALS
03/01/18 (S) JUD
04/02/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
04/02/18 (S) Scheduled but Not Heard
04/11/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
04/11/18 (S) Heard & Held
04/11/18 (S) MINUTE(JUD)
04/13/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
04/13/18 (S) <Bill Hearing Canceled>
04/17/18 (S) JUD AT 9:00 AM BELTZ 105 (TSBldg)
BILL: HB 355
SHORT TITLE: FIRE;FOREST LAND; CRIMES;FIRE PREVENTION
SPONSOR(s): REPRESENTATIVE(s) GUTTENBERG
02/16/18 (H) READ THE FIRST TIME - REFERRALS
02/16/18 (H) RES, JUD
02/28/18 (H) RES AT 1:00 PM BARNES 124
02/28/18 (H) Heard & Held
02/28/18 (H) MINUTE(RES)
02/28/18 (H) RES AT 6:00 PM BARNES 124
02/28/18 (H) Heard & Held
02/28/18 (H) MINUTE(RES)
03/05/18 (H) RES AT 1:00 PM BARNES 124
03/05/18 (H) Heard & Held
03/05/18 (H) MINUTE(RES)
03/09/18 (H) RES AT 1:00 PM BARNES 124
03/09/18 (H) Moved CSHB 355(RES) Out of Committee
03/09/18 (H) MINUTE(RES)
03/12/18 (H) RES RPT CS(RES) NT 4DP 3NR 1AM
03/12/18 (H) DP: LINCOLN, DRUMMOND, JOSEPHSON, TARR
03/12/18 (H) NR: BIRCH, PARISH, TALERICO
03/12/18 (H) AM: RAUSCHER
03/14/18 (H) JUD AT 1:00 PM GRUENBERG 120
03/14/18 (H) Heard & Held
03/14/18 (H) MINUTE(JUD)
03/19/18 (H) JUD AT 1:00 PM GRUENBERG 120
03/19/18 (H) Heard & Held
03/19/18 (H) MINUTE(JUD)
03/26/18 (H) JUD AT 1:00 PM GRUENBERG 120
03/26/18 (H) Scheduled but Not Heard
03/30/18 (H) JUD AT 1:00 PM GRUENBERG 120
03/30/18 (H) <Bill Hearing Canceled>
04/02/18 (H) JUD AT 1:00 PM GRUENBERG 120
04/02/18 (H) Heard & Held
04/02/18 (H) MINUTE(JUD)
04/02/18 (H) JUD AT 7:00 PM GRUENBERG 120
04/02/18 (H) Moved CSHB 355(RES) Out of Committee
04/02/18 (H) MINUTE(JUD)
04/04/18 (H) JUD RPT CS(JUD) NT 3DP 1NR 2AM
04/04/18 (H) DP: KREISS-TOMKINS, STUTES, CLAMAN
04/04/18 (H) NR: LEDOUX
04/04/18 (H) AM: EASTMAN, KOPP
04/09/18 (H) TRANSMITTED TO (S)
04/09/18 (H) VERSION: CSHB 355(JUD)
04/10/18 (S) READ THE FIRST TIME - REFERRALS
04/10/18 (S) JUD
04/17/18 (S) JUD AT 9:00 AM BELTZ 105 (TSBldg)
BILL: HB 170
SHORT TITLE: AK SECURITIES ACT; PENALTIES; CRT. RULES
SPONSOR(s): LABOR & COMMERCE
03/10/17 (H) READ THE FIRST TIME - REFERRALS
03/10/17 (H) L&C, JUD
03/24/17 (H) L&C AT 3:15 PM BARNES 124
03/24/17 (H) Heard & Held
03/24/17 (H) MINUTE(L&C)
03/27/17 (H) L&C AT 3:15 PM BARNES 124
03/27/17 (H) Moved HB 170 Out of Committee
03/27/17 (H) MINUTE(L&C)
03/29/17 (H) L&C RPT 6DP 1NR
03/29/17 (H) DP: SULLIVAN-LEONARD, STUTES, WOOL,
JOSEPHSON, BIRCH, KITO
03/29/17 (H) NR: KNOPP
04/07/17 (H) JUD AT 1:00 PM GRUENBERG 120
04/07/17 (H) Heard & Held
04/07/17 (H) MINUTE(JUD)
04/11/17 (H) JUD AT 5:30 PM GRUENBERG 120
04/11/17 (H) Heard & Held
04/11/17 (H) MINUTE(JUD)
04/12/17 (H) JUD AT 1:00 PM GRUENBERG 120
04/12/17 (H) Moved CSHB 170(JUD) Out of Committee
04/12/17 (H) MINUTE(JUD)
04/13/17 (H) JUD RPT CS(JUD) NT 1DP 4NR
04/13/17 (H) DP: CLAMAN
04/13/17 (H) NR: EASTMAN, KOPP, KREISS-TOMKINS,
FANSLER
04/17/17 (H) TRANSMITTED TO (S)
04/17/17 (H) VERSION: CSHB 170(JUD)
05/01/17 (S) READ THE FIRST TIME - REFERRALS
05/01/17 (S) L&C, JUD
03/19/18 (S) L&C AT 6:00 PM BELTZ 105 (TSBldg)
03/19/18 (S) Heard & Held
03/19/18 (S) MINUTE(L&C)
04/02/18 (S) L&C AT 9:00 AM BELTZ 105 (TSBldg)
04/02/18 (S) Scheduled but Not Heard
04/14/18 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
04/14/18 (S) Moved SCS CSHB 170(L&C) Out of
Committee
04/14/18 (S) MINUTE(L&C)
04/15/18 (S) L&C RPT SCS 2DP 1NR SAME TITLE
04/15/18 (S) DP: COSTELLO, MEYER
04/15/18 (S) NR: GARDNER
04/17/18 (S) JUD AT 9:00 AM BELTZ 105 (TSBldg)
WITNESS REGISTER
REPRESENTATIVE CHRIS TUCK
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of HB 307.
KENDRA KLOSTER, Staff
Representative Chris Tuck
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Reviewed the changes that appear in the
Senate CS, version U, for HB 307.
CAPTAIN BLAKE CIRCLE
Alaska Army National Guard
JBER, Alaska
POSITION STATEMENT: Provided supporting comments on HB 307.
ALLIANA SALANGUIT, Staff
Representative David Guttenberg
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced HB 355 on behalf of the sponsor.
REPRESENTATIVE DAVID GUTTENBERG
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of HB 355.
CHRIS MAISCH, State Forester and Director
Division of Forestry
Department of Natural Resources (DNR)
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 355.
NANCY MEADE, General Counsel
Administrative Office
Alaska Court System
Anchorage, Alaska
POSITION STATEMENT: Provided information related to HB 355.
REPRESENTATIVE SAM KITO III
Alaska State Legislature
Juneau, Alaska
sponsor of HB 170
POSITION STATEMENT: Provided introductory remarks on HB 170 as
Chair of the House Labor and Commerce Standing Committee.
CHRYSTAL KOENEMAN, Staff
Representative Sam Kito III
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced HB 170.
KRISTY NAYLOR, Acting Director
Division of Banking and Securities
Department of Commerce, Community and Economic Development
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 170.
BRIAN PINKSTON, Owner
Bright Road Wealth Management
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 170.
DAVID GOTTSTEIN, President and Chief Investment Officer
Dynamic Capital Management Inc.
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 170.
ACTION NARRATIVE
9:21:42 AM
CHAIR JOHN COGHILL called the Senate Judiciary Standing
Committee meeting to order at 9:21 a.m. Present at the call to
order were Senators Costello, Kelly, Wielechowski, and Chair
Coghill. Senators Shower and Kelly arrived soon thereafter.
HB 307-MILITARY JUSTICE & MILITIA CIVIL RELIEF
9:23:03 AM
CHAIR COGHILL announced the consideration of HB 307 and noted
the proposed committee substitute (CS).
9:23:33 AM
SENATOR COSTELLO moved to adopt the work draft Senate CS for HB
307, version 30-LS1099\U, as the working document.
CHAIR COGHILL objected for an explanation.
9:23:57 AM
SENATOR SHOWER joined the committee.
9:24:07 AM
REPRESENTATIVE CHRIS TUCK, Alaska State Legislature, Juneau,
Alaska, sponsor of HB 307, said Kendra Kloster would go through
the changes.
9:24:19 AM
KENDRA KLOSTER, Staff, Representative Chris Tuck, Alaska State
Legislature, Juneau, Alaska, stated that version U is the result
of work by the Department of Public Safety and the Department of
Military & Veterans Affairs (DMVA) to ensure that the bill works
as intended. She reviewed the changes that appear in version U
speaking to the following prepared document:
The bill adds sex offender registration requirements
for certain Alaska Code of Military Justice (ACMJ)
offenses. Consistent with other Alaska crimes that
require registration, this adds the requirement to
register for convictions under laws of other
jurisdictions similar to those ACMJ offenses to
sections 1, 2, and 3.
Adds to Section 3 a limitation on the requirement to
register under AS 26.05.893 similar to the limitation
on the registration requirement on AS 26.05.890. This
ensures the registration requirements apply to similar
offenses as those under the Alaska criminal code and
are not overly broad.
Section 11 changes the basis of defining ACMJ offenses
as felony or misdemeanor to the possible penalty
rather than the actual penalty. This corresponds to
the definition of felony and misdemeanor crimes in
common law and the Alaska criminal code.
Sections 5 and 40 extend DNA and fingerprint
collection requirements that exist for civilian crimes
to ACMJ crimes.
Maximum penalties are added to the new ACMJ offenses
in the bill consistent with the formulation of already
existing ACMJ offenses. The punishments are consistent
with the punishments under the federal Uniform Code of
Military Justice. [These changes appear in Sections
12, 14, 15, 17, 19, 20, 21, 22, 26, 31, 36, and 38.]
9:28:39 AM
CHAIR COGHILL noted that Captain Blake Circle with the Alaska
Army National Guard was available to answer questions.
SENATOR COSTELLO asked the sponsor if he had contemplated making
the bill retroactive.
REPRESENTATIVE TUCK answered no.
SENATOR SHOWER asked if 20 years of age referenced in the bill
matches the federal Uniform Code of Military Justice (UCMJ) law.
9:30:20 AM
CAPTAIN BLAKE CIRCLE, Alaska Army National Guard, JBER, Alaska,
replied the under 20 years of age limitation is intended to
mirror the cutoff for like civilian crimes.
CHAIR COGHILL asked the sponsor if he had anything to add.
MS. KLOSTER deferred to Captain Circle to comment on the
changes.
CAPTAIN CIRCLE said DMVA worked closely with the Department of
Public Safety (DPS) and the Department of Law to develop the CS.
DMVA supports the bill at this point.
9:32:06 AM
CHAIR COGHILL removed his objection and version U was adopted.
9:32:28 AM
SENATOR COSTELLO moved to report the Senate CS for CS for HB
307, version U, from committee with individual recommendations
and attached zero fiscal note(s).
CHAIR COGHILL found no objection and SCS CSHB 307(JUD) moved
from the Senate Judiciary Standing Committee.
9:33:06 AM
At ease
9:33:55 AM
SENATOR KELLY joined the committee.
HB 355-FIRE;FOREST LAND; CRIMES;FIRE PREVENTION
9:35:05 AM
CHAIR COGHILL announced the consideration of HB 355. [CSHB
355(JUD) was before the committee.]
9:36:28 AM
ALLIANA SALANGUIT, Staff, Representative David Guttenberg,
Alaska State Legislature, Juneau, Alaska, stated that HB 355
seeks to prevent human-caused fires. Some of these have been
very large and expensive. The Sockeye fire resulted in the loss
of 55 residences and $10 million, the McHugh fire cost $6
million, and the Hastings fire cost $20 million. The bill
inserts stronger language in the statute and implements a new
bail schedule. She continued the introduction speaking to the
following sponsor statement:
Most of the current Division of Forestry fire
prevention laws were enacted in 1961. HB 355 updates
and modernizes the wildland fire prevention and
enforcement statutes, with the ultimate goal of
reducing the number of human caused fires in Alaska.
This bill reduces risks to human life, loss of homes
and structures, extensive property damage, and fire
suppression costs.
Current burning offenses are unclassified misdemeanors
that require a mandatory court appearance and are
punishable by a fine of between $100-$1,000 or 10 days
to 6 months imprisonment. The bill replaces the
current system with a tiered prevention and
enforcement structure, similar to fish and game
violations. Violations of regulations adopted under
the bill that would be "bail schedule" offenses,
allowing DOF prevention officers to issue citations
for violations of these offenses. The bill also gives
state fire prevention officers more flexibility in
responding to burning violations and investigating
wildland fires. "Knowing" violations of the bill
provisions would be a class A misdemeanor, and
resolution would require a mandatory court appearance.
The bill also addresses enforcement gaps in the
existing arson and criminally negligent burning
statutes in AS 11.46, makes technical changes to
clarify the right of state fire prevention officers to
enter land to investigate wildland fire and
establishes a misdemeanor offense of interfering with
this right of access, and corrects potentially
conflicting statutory provisions.
Over the last 15 years, the length of the wildland
fire season and amount of acreage burned each year--
especially in and near communities--has increased
dramatically. The statutes and regulations that guide
our prevention and management of wildland fire need to
keep pace with these changes which is why I hope you
will join me in supporting this bill.
9:37:56 AM
REPRESENTATIVE GUTTENBERG explained that HB 307 modernizes the
statutes related to wildland fires. The bail schedule is
separated based on the activity. It's one thing to build a fire
in a yard outside a burn barrel and without a grate whereas
setting a fire that gets out of control is another level of
crime. Knowingly and intentionally setting a fire is a felony.
Some of the existing definitions are clarified and much of the
language is modernized. He said if Chris Maisch agrees with any
changes the committee might make, he would not object.
9:39:47 AM
CHRIS MAISCH, State Forester and Director, Division of Forestry,
Department of Natural Resources (DNR), Fairbanks, Alaska, stated
that about 80 percent of the wildland fires are preventable
because they are human caused. They are very expensive and
preventing even one could save the state treasure $20 million
and prevent risk to the public and the firefighters. He said
another key point is that the division has aggressive education
programs. These include the Firewise Program that teaches
homeowners and businesses how to survive a wildland fire and
several school-based programs that promote smart burning
practices, especially during fire season. HB 355 provides a more
modern approach to enforcement, which any good education program
needs.
CHAIR COGHILL stated support for a strong educational program
combined with increased penalties. He noted that the fire
department in his area provides good education when it issues a
burn permit.
9:41:42 AM
MS. SALANGUIT delivered the following sectional analysis for HB
355.
Section 1. Amends AS 11.46.427(a)(2) by adding
references to AS 41.15.060 - 41.15.120 to make it
easier for agencies to coordinate enforcement of
similar statutes that appear in different Titles of
law.
Section 2. Amends AS 41.15.010 to add the word
forested land to the intent language of this statute.
Forested land is already defined in AS 41.15.170 and
brings consistency to terminology used in the
statutes.
Section 3. Amends AS 41.15.040 by updating terminology
by deleting the "division of land" and adding
"division of forestry". Clarifies the right of entry
to public or privately owned land for the purpose of
preventing, suppressing and controlling a wildland
fire to include for the purpose of "investigating" and
"when responding to a wildland fire or suspected fire
or administering the provisions of this chapter."
Section 4. Adds a new subsection (b) to AS 41.15.040
that clarifies that a person may not interfere with or
prohibit access authorized under (a) of this section,
which is the right to enter for the purposes stated.
Section 5. Amends AS 41.15.050 Fire Season to allow
the commissioner the ability to designate other
periods as fire season at any time in order to allow
open burning only by permit or to prohibit open
burning.
Section 6. Amends AS 41.15.060. Permits. To include
obtaining a permit for setting of fires, use of
burning devices, and other activities and use of land
that increases fire danger. This would include burning
devices such as burn barrels, a common source of urban
interface ignitions. This section is also amended to
remove the type of offense a violation of this section
would be and relies on a new section to establish
types of violations.
Section 7. Adds a new subsection to AS 41.15.060
stating that a person may not participate in any
activities that increase fire danger without a permit
as prescribed by the commissioner in regulation.
Section 8. Amends AS 41.15.70. Disposal of burning
materials to read "may not discard...burning materials
on forested land." Repeals language on the type of
violation this offense would be and relies on
amendments in Section 13 of this bill that provides a
new range of violations. It also removes a reference
to the "fire season" as the period of time this
section applies and removes a reference to "public or
private land".
Section 9. Amends AS 41.15.090. Building or leaving
fires. To read " ... may not start a fire ... without
first clearing the ground." The type of offense for a
violation of this section is removed and relies on a
new section to establish types of violations.
Sections 10. Amends AS 41.15.090 by adding a new
subsection (b) A person who starts a fire in or near
forested land may not leave the fire before totally
extinguishing the fire. This change makes it very
clear that leaving a fire unattended will result in
consequences.
Section 11. Clarifies AS 41.15.100 Setting fires
without consent. Updates language to "may not set on
fire forested land ... " to make this section
consistent with terminology and intent. The type of
offense for a violation of this section is repealed
and relies on a new section to establish types of
violations.
Section 12. Amends AS 41.15.110 Uncontrolled spread of
fire; leaving a fire unattended by repealing the type
of offense for a violation of this section and relies
on a new section to establish types of violations.
[The bail schedule]
Subsection (b) has verbiage change to shall, a
positive action as opposed to the deleted current
language "who neglects to." New language is added to
make it clear that a person may not leave a fire
unattended and the type of offense for a violation of
this section is removed and relies on a new section to
establish types of violations.
Subsection (c) updates terminology and makes it clear
in any criminal action brought under this section that
the escape of a fire may be evidence that the person
acted knowingly. This change helps define mental
state.
Section 13. Amends AS 41.15.120 by including the term
investigate as one of the criteria for when an officer
or employee of the United States or the state who is
authorized to prevent and suppress fire requests a
person to assist with such efforts. It also adds the
word shall as opposed to "fails to" in determining if
a person is in violation of the statute. The type of
offense for a violation of this section is removed and
relies on a new section to establish types of
violations.
Section 14. Amends AS 41.15.130 Backfires. Adds the
terminology and burnouts to allow fire suppression
activity as "directed by an officer or employee of the
U.S. or state who is authorized ... " and makes it
clear that AS 41.15.045 (Civil immunity) applies to
the activities under this section.
Section 15. Repeals and reenacts AS 41.15.140 to
establish a range of violations and fines that
increase with the seriousness of the offense. This
section also links to the criminal statutes to improve
the understanding and consistency between enforcement
agencies and the courts.
Subsection (a) makes it clear that if AS 41.15.150
applies, a felony charge, the following sections do
not apply.
Subsection (a)(l) establishes a class A misdemeanor
offense for violations of AS 41.15.010- 41.15.130 for
persons who knowingly violate this section.
Subsection (a)(2) establishes a fine amount in
accordance with AS 12.55
Section 16. Amends AS 41.15.150 to provide specific
criteria for criminal burning in the first degree if
(a)(l) the person violates AS 41.15.155, and (2) a
provision of 41.15.010 - 41.15.130 or a regulation
adopted under AS 41.15.010 - 41.15.130.
Subsection (b) provides for a class B felony if in
violation of subsection (a) of this section and is
punishable as provided in AS 12.55 the Sentencing and
Probation Chapter of Title 12.
Section 17. Amends AS 41.15.150 by adding a new
section to provide specific criteria for criminal
burning in the second degree if the person (a)(l)
knowingly sets a fire, (2) with criminal negligence,
the person (a) permits the fire to spread beyond the
person's control or (b)fails to prevent the fire from
spreading to forested land or other flammable material
and (3) as a result, the fire burns forested land or
other flammable material located or growing on land
that is not owned, possessed or controlled by the
person
Subsection (b) provides for a class C felony if in
violation of subsection (a) of this section and is
punishable as provided in AS 12.55 the Sentencing and
Probation Chapter of Title 12.
Subsection (d) provides for an upgrading violation to
a class B felony if the initial setting of the fire is
in violation of AS 41.15.010 - 41.15.130 or a
regulation adopted under AS 41.15.010 - 41.15.130.
Section 18. Amends AS 41.150.160. Double damages in
civil actions to clarify applicable statutes for this
provision.
Section 19. Amends AS 41.15.170 to add paragraph (5)
"knowingly" which has the meaning in AS 11.81.900 and
adds paragraph (6) "recklessly" which has the meaning
given in AS 11.81.900.
Section 20. Amends AS 41.15.950 to add (b)(4) a new
subsection to provide clear authority to issue a
citation to a person who violates a provision of AS
41.15.010 - 41.15.170 or a regulation adopted under
this chapter.
Section 21. Adds a new section AS 41.15.960 directing
the supreme court to establish a bail schedule for
violations of statute specified in this bill.
Section 22. Repeals AS 41.15.080 which was a section
on equipment and notice requirement for operators of a
conveyance on or above forested land to be equipped
with a receptacle for the disposal of burning
material, shall post or display a copy of AS 41.15.050
- .080 and 41.15.140 in a conspicuous place.
Additionally, an operator of a milling, logging or
commercial operation shall also post and display a
copy of the statute per the previous notation and if
found in violation of this section, is guilty of a
misdemeanor.
Section 23. Amends the uncodified law of the State of
Alaska by adding a new section to read: TRANSITION:
REGULATIONS. The Department of Natural Resources may
adopt regulation necessary to implement the changes
made by this Act. The regulations take effect under AS
44.62 (Administrative Procedure Act), but not before
the effective date of the law implemented by the
regulation.
Section 24. Provides courts 120 days to establish bail
schedule required by Section 21.
Section 25. Sections 23 and 24 take effect immediately
under AS 01.10.070 (c)
Section 26. Except as provided in Section 25, this Act
takes effect July 151, 2018.
9:47:52 AM
CHAIR COGHILL asked Mr. Maisch for an explanation of the bail
schedule.
MR. MAISCH explained that the bail schedule will be similar to
traffic tickets and the types of offenses one can receive for
violations. It is established in regulation and the supreme
court will approve it to ensure consistency of fine amounts for
different offenses. Importantly, the bill also crosslinks Title
41, the natural resources statutes, with Title 11, the criminal
code. Previously it was difficult for state troopers, district
attorneys, and others to understand and enforce the fire code.
The law establishes a misdemeanor A offense and class B and C
felonies. The tiered structure is based on the seriousness of
the offense. Previously there was just one unclassified felony
offense and one misdemeanor offense.
CHAIR COGHILL offered his understanding that a criminal charge
would not relieve the civil liability.
MR. MAISCH said that's correct. Depending on the circumstances,
there can be both a civil and criminal process.
9:50:50 AM
CHAIR COGHILL noted the individuals from the Department of Law
who were available to answer questions. He asked Ms. Meade to
discuss the bail schedule and proposed regulations.
9:51:19 AM
NANCY MEADE, General Counsel, Administrative Office, Alaska
Court System, Anchorage, Alaska, explained that a bail schedule
allows somebody to deal with their offense without a mandatory
court appearance. The provision in Section 21 instructs the
court to create a schedule of the amount of the fines.
Typically, the court's administrative office meets with the
agency with expertise to establish the amounts of the fines and
that draft is presented to the supreme court for approval. The
citizen who receives a citation doesn't need to show up in court
to pay the fine unless they dispute the charge.
SENATOR WIELECHOWSKI asked the definition of forested land.
MS. SALAGUIT read the definition in Sec. 41.15.170.
SENATOR WIELECHOWSKI asked if that includes a backyard.
MR. MAISCH said yes; it includes anything that is vegetative and
combustible under the right circumstances. The definition is
purposefully broad because it's difficult to anticipate what
might be a flammable vegetative material. For example, a spark
from a lawnmower can and has ignited the white fluff in aspen
tree seed pods.
SENATOR WIELECHOWSKI reviewed the language in Section 3
regarding the right of entry to control and suppress fires. He
asked if the commissioner or authorized agent could order people
in the Anchorage Hillside area to chop down their trees to
prevent fires or order them to clean up debris that could cause
a fire.
MR. MAISCH said no, but they would address that through the
Firewise Program. Section 3 allows the Division of Forestry to
enter a property to prevent, suppress, and investigate reports
of smoke. Investigate is a key term because firefighters would
enter property to look for the cause and origin of reported
smoke.
SENATOR WIELECHOWSKI asked if Section 3 allows an authorized
agent of the commissioner or an officer to enter a property and
tell the homeowner to chop down their black spruce trees and/or
do it themselves for the purpose to preventing a fire.
MR. MAISCH said no.
SENATOR WIELECHOWSKI read the language in Section 3 and
questioned that it doesn't give the commissioner or authorized
agent the authority to tell a homeowner they needed to chop down
their trees to prevent a wildfire and then do it.
MR. MAISCH said it would depend on context. They could chop down
trees to prevent a fire in progress from spreading. They could
not chop down someone's trees as a fire prevention measure
SENATOR WIELECHOWSKI said the language in Section 3 does not say
it has to be an encroaching fire. He asked where there is a
provision that limits the authority to an encroaching fire.
9:59:09 AM
CHAIR COGHILL said he believes the title to Sec. 41.15.040,
Right to entry to control and suppress fires, would be the
controlling factor.
MR. MAISCH agreed and pointed out that farther along in .040 it
specifically talks about "preventing, controlling, or
suppressing a fire or destructive agent." The context of Section
3 is that an emergency must exist for someone to remove
vegetative material.
SENATOR WIELECHOWSKI said he was trying to establish a clear
record because the language is loose. He reviewed the language
in Section 8, asked how discard is defined, and if shooting a
firecracker in your backyard would violate the section.
MR. MAISCH said the definition is broad and includes anything
that leaves your hand and goes into forested land and causes a
fire.
CHAIR COGHILL observed that the language doesn't explicitly say
causes a fire.
MR. MAISCH said they would not be investigating unless they had
a report from a citizen that someone was lighting fireworks
during a period when a burn closure was in place. That would be
a criminal offense even if it didn't cause a fire. A person
would not be cited if they discarded fireworks that did not
cause a fire.
SENATOR WIELECHOWSKI said he reads Section 8 to mean you can't
shoot a firecracker anywhere in the state on forested land.
10:01:40 AM
MR. MAISCH said he was changing his answer. Someone who discards
a firework during fire season could be cited, but it would be
unlikely unless it started a fire. He added that municipal codes
are often more restrictive than the state fire codes and
fireworks is a very specific cause of fire. From a fire
prevention standpoint, they would recommend not using fireworks
anytime during fire season.
SENATOR WIELECHOWSKI said he reads Section 8 to broadly restrict
the use of fireworks at any time because forested land is
defined as any land that has vegetative material. He reviewed
the language in Section 9 and asked what clearing the ground
entails and how immediately around is defined.
MR. MAISCH said their education materials provide that
information. Clearing the ground entails removing organic
material down to the mineral layer. The recommended distance to
clear depends on the size of the fire. Their educational
material also covers that. He suggested that any continuing
questions on Section 8 could be directed to the Department of
Law.
CHAIR COGHILL deferred further questions until the meeting
tomorrow.
10:05:49 AM
CHAIR COGHILL held HB 355 in committee.
HB 170-AK SECURITIES ACT; PENALTIES; CRT. RULES
10:06:20 AM
CHAIR COGHILL announced the consideration of HB 170. [SCS CSHB
170(L&C) was before the committee.] He noted who was available
to answer questions.
10:07:29 AM
REPRESENTATIVE SAM KITO III, Alaska State Legislature, Juneau,
Alaska, Chair of the House Labor and Commerce Committee that
sponsored HB 170, stated that the bill updates the Alaska
Securities Act and provides the legal framework for selling
securities in Alaska to Alaskans. It includes provisions for
crowdfunding, registration of securities and sales force,
enforcement actions for violating the Alaska Securities Act, and
education. It ensures that Alaska is keeping up with the
securities industry.
10:08:37 AM
CHRYSTAL KOENEMAN, Staff, Representative Sam Kito III, Alaska
State Legislature, Juneau, Alaska, stated that the current
Alaska Securities Act has been in place since 1961. The Act is
out of date and includes provisions for things like notification
by telegraph. The bill also separates the securities statutes
from the Alaska Native Claims Settlement Act and related
statutes to facilitate a better understanding of each. It deters
investment scams using Alaska entities or harming Alaskans. It
helps protect older and vulnerable adults from financial
exploitation and requires financial professionals to report
suspected exploitation and gives them immunity.
10:10:26 AM
KRISTY NAYLOR, Acting Director, Division of Banking and
Securities, Department of Commerce, Community and Economic
Development (DCCED), Anchorage, Alaska, stated that HB 170 is
important to the operation of the division, to their regulation
of securities in Alaska, and to Alaskan consumers. She noted
th
The bill updates the 1961 law to better align with current
industry practices. Most importantly, it enhances the consumer
protection and enforcement provisions in current law.
HB 170 is about protecting consumers and effectively punishing
bad actors who prey on Alaskans. The existing low administrative
civil and criminal penalties are so insufficient they are not a
deterrent but rather are seen by some as a cost of doing
business. The bill solves this problem by increasing
administrative civil and criminal penalties for those who harm
Alaskans, especially vulnerable adults and seniors. Recent
investigations of fraud have involved millions of dollars in
losses yet current enforcement provisions allow a maximum
penalty of just $25,000 per violation. The new law increases the
penalty up to $100,000 per violation and more if the victim is a
senior or vulnerable adult and allows the division to bar bad
actors from the securities industry in Alaska. The division
could order restitution for victims and brokers and advisors
would be required to report suspected financial exploitation to
both the Division of Banking and Securities and to Adult
Protective Services. She cited examples of recent and ongoing
cases to demonstrate the need for enhanced tools for
enforcement, penalties, and consumer protections.
10:16:50 AM
CHAIR COGHILL asked if the Alaska-specific provisions are
readily identified.
MS. NAYLOR said 80-90 percent of the bill is based on the
Uniform Securities Act. The existing Alaska-specific provisions
were retained, but since more were added they took that
opportunity to rearrange the Act to make if more user friendly.
10:18:12 AM
BRIAN PINKSTON, Owner, Bright Road Wealth Management, Anchorage,
Alaska, stated that as a member of the securities industry he
supports further regulation. He spends time every day helping
clients work through things they bought and don't understand. It
is important to have stronger criminal protections for seniors,
especially those with diminished capacity. This is relevant for
Alaska because Alzheimer cases in Alaska are expected to
increase 54.9 percent by 2025. The Alzheimer's Association
reports that Alaska is number one in the nation for seniors with
Alzheimer's.
10:21:36 AM
DAVID GOTTSTEIN, President and Chief Investment Officer, Dynamic
Capital Management Inc., Anchorage, Alaska, said he was speaking
in support of HB 170 and wanted to applaud the Banking and
Securities Division for advancing the proposal. He said a large
portion of the securities industry operates at the most modest
fiduciary standard so it's important to have strong penalties in
place to protect investors when those modest standards are
broken. Every year big investment institutions are fined for
their misconduct but the individuals who offered the poor advise
aren't penalized. It's the shareholders that pay the penalties
so it's important to have these tools in the toolbox for the
banking and securities regulators to push back.
MR. GOTTSTEIN said he was pleased that the bill keeps the
existing exemptions that makes it easier for small businesses to
start and raise capital. He also applauds the efforts to protect
the elderly because this is a growing and important area.
CHAIR COGHILL asked Ms. Naylor to be prepared to discuss the
Alaska-specific provisions at the next hearing.
10:25:16 AM
SENATOR COSTELLO highlighted that the previous division
director, Kevin Anselm, worked very hard on this bill. She said
she considers it the unsung hero of the session. It's been
through the process before but there are compelling reasons for
giving it a thorough vetting.
10:26:08 AM
CHAIR COGHILL held HB 170 in committee for future consideration.
10:26:12 AM
There being no further business to come before the committee,
Chair Coghill adjourned the Senate Judiciary Standing Committee
meeting at 10:26 a.m.