04/27/2004 03:35 PM Senate STA
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ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
April 27, 2004
3:35 p.m.
TAPE (S) 04-28
MEMBERS PRESENT
Senator Gary Stevens, Chair
Senator John Cowdery, Vice Chair
Senator Bert Stedman
Senator Gretchen Guess
MEMBERS ABSENT
Senator Lyman Hoffman
COMMITTEE CALENDAR
CS FOR HOUSE BILL NO. 496(STA)
"An Act creating the youth vote ambassador program and relating
to that program; authorizing the members of the program to be
appointed to serve on election boards; relating to
qualifications for appointment to election boards; and providing
for an effective date."
MOVED CSHB 496(STA) OUT OF COMMITTEE
SENATE BILL NO. 224
"An Act relating to lowering the legal level of intoxication for
operating a motor vehicle, aircraft, or watercraft to .02
percent or the equivalent for persons under 21 years of age;
relating to implied consent for purposes of determining
consumption of alcohol; and providing for an effective date."
MOVED CSSB 224(STA) OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 334(RLS)
"An Act relating to unlawful exploitation of a minor and to
distribution of child pornography."
MOVED CSHB 334(RLS) OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 534(FIN)
"An Act repealing the scheduled termination date of the office
of victims' rights."
MOVED CSHB 534(FIN) OUT OF COMMITTEE
SENATE JOINT RESOLUTION NO. 33
Urging our United States Senators to work to allow a timely vote
on the floor on all judicial nominations.
SCHEDULED BUT NOT HEARD
CS FOR HOUSE BILL NO. 405(EDU)
"An Act relating to reports on school and school district
performance; and relating to accountability of public schools
and school districts; and providing for an effective date."
SCHEDULED BUT NOT HEARD
CS FOR HOUSE BILL NO. 438(JUD) am
"An Act relating to motorists moving over or slowing down for
emergency vehicles."
SCHEDULED BUT NOT HEARD
PREVIOUS COMMITTEE ACTION
BILL: HB 496
SHORT TITLE: YOUTH VOTE AMBASSADOR / ELECTION BDS
SPONSOR(s): REPRESENTATIVE(s) DAHLSTROM
02/16/04 (H) READ THE FIRST TIME - REFERRALS
02/16/04 (H) STA
03/24/04 (H) STA AT 8:00 AM CAPITOL 102
03/24/04 (H) Heard & Held
03/24/04 (H) MINUTE(STA)
03/26/04 (H) STA AT 8:00 AM CAPITOL 102
03/26/04 (H) Moved CSHB 496(STA) Out of Committee
03/26/04 (H) MINUTE(STA)
03/29/04 (H) STA RPT CS(STA) 1DP 3NR 2AM
03/29/04 (H) DP: COGHILL; NR: LYNN, BERKOWITZ,
03/29/04 (H) WEYHRAUCH; AM: SEATON, HOLM
04/07/04 (H) TRANSMITTED TO (S)
04/07/04 (H) VERSION: CSHB 496(STA)
04/08/04 (S) READ THE FIRST TIME - REFERRALS
04/08/04 (S) STA, JUD
04/22/04 (S) STA AT 3:30 PM BELTZ 211
04/22/04 (S) -- Meeting Canceled --
04/27/04 (S) STA AT 3:30 PM BELTZ 211
BILL: SB 224
SHORT TITLE: MINORS DRIVING AFTER CONSUMING ALCOHOL
SPONSOR(s): SENATOR(s) COWDERY
05/14/03 (S) READ THE FIRST TIME - REFERRALS
05/14/03 (S) TRA, STA
05/17/03 (S) TRA AT 11:00 AM BUTROVICH 205
05/17/03 (S) Heard & Held
05/17/03 (S) MINUTE(TRA)
02/24/04 (H) TRA AT 1:30 PM CAPITOL 17
02/24/04 (S) Moved Out of Committee
02/24/04 (S) MINUTE(TRA)
02/25/04 (S) TRA RPT 2DP 2NR
02/25/04 (S) DP: COWDERY, WAGONER; NR: THERRIAULT,
02/25/04 (S) LINCOLN
02/25/04 (S) FIN REFERRAL ADDED AFTER STA
03/23/04 (S) STA AT 3:30 PM BELTZ 211
03/23/04 (S) Heard & Held
03/23/04 (S) MINUTE(STA)
04/13/04 (S) STA AT 0:00 AM BELTZ 211
04/13/04 (S) -- Meeting Canceled --
04/20/04 (S) STA AT 3:30 PM BELTZ 211
04/20/04 (S) Scheduled But Not Heard
04/27/04 (S) STA AT 3:30 PM BELTZ 211
BILL: HB 334
SHORT TITLE: UNLAWFUL EXPLOITATION OF MINOR/CHILD PORN
SPONSOR(s): REPRESENTATIVE(s) MEYER
01/12/04 (H) PREFILE RELEASED (1/2/04)
01/12/04 (H) READ THE FIRST TIME - REFERRALS
01/12/04 (H) JUD
01/30/04 (H) JUD AT 1:00 PM CAPITOL 120
01/30/04 (H) <Bill Hearing Postponed>
02/20/04 (H) JUD AT 1:00 PM CAPITOL 120
02/20/04 (H) Scheduled But Not Heard
02/23/04 (H) JUD AT 1:00 PM CAPITOL 120
02/23/04 (H) Heard & Held; Assigned to Subcommittee
02/23/04 (H) MINUTE(JUD)
03/01/04 (H) JUD AT 1:00 PM CAPITOL 120
03/01/04 (H) <Bill Hearing Postponed Wed. 3/3/04>
03/03/04 (H) JUD AT 1:00 PM CAPITOL 120
03/03/04 (H) Scheduled But Not Heard
03/05/04 (H) JUD AT 1:00 PM CAPITOL 120
03/05/04 (H) -- Meeting Postponed to 3/16/04 --
03/16/04 (H) JUD AT 1:00 PM CAPITOL 120
03/16/04 (H) Moved CSHB 334(JUD) Out of Committee
03/16/04 (H) MINUTE(JUD)
03/18/04 (H) JUD RPT CS(JUD) NT 5DP 1NR 1AM
03/18/04 (H) DP: SAMUELS, HOLM, ANDERSON, OGG,
03/18/04 (H) MCGUIRE; NR: GARA; AM: GRUENBERG
04/15/04 (H) RLS AT 9:00 AM FAHRENKAMP 203
04/15/04 (H) Moved CSHB 334(RLS) Out of Committee
04/15/04 (H) MINUTE(RLS)
04/19/04 (H) RLS RPT CS(RLS) NT 2DP 4NR
04/19/04 (H) DP: COGHILL, ROKEGERG; NR: BERKOWITZ,
04/19/04 (H) MORGAN, KERTTULA, MCGUIRE
04/19/04 (H) TRANSMITTED TO (S)
04/19/04 (H) VERSION: CSHB 334(RLS)
04/20/04 (S) READ THE FIRST TIME - REFERRALS
04/20/04 (S) STA, JUD
04/27/04 (S) STA AT 3:30 PM BELTZ 211
BILL: HB 534
SHORT TITLE: MAKE OFFICE OF VICTIMS RIGHTS PERMANENT
SPONSOR(s): RULES BY REQUEST OF LEG BUDGET & AUDIT
03/08/04 (H) READ THE FIRST TIME - REFERRALS
03/08/04 (H) JUD, FIN
03/22/04 (H) JUD AT 1:00 PM CAPITOL 120
03/22/04 (H) Moved Out of Committee
03/22/04 (H) MINUTE(JUD)
03/24/04 (H) JUD RPT 7DP
03/24/04 (H) DP: SAMUELS, HOLM, GARA, ANDERSON,
03/24/04 (H) GRUENBERG, OGG, MCGUIRE
04/05/04 (H) FIN AT 1:30 PM HOUSE FINANCE 519
04/05/04 (H) Moved CSHB 534(FIN) Out of Committee
04/05/04 (H) MINUTE(FIN)
04/06/04 (H) FIN RPT CS(FIN) NT 8DP
04/06/04 (H) DP: MEYER, HAWKER, STOLTZE, JOULE,
04/06/04 (H) CROFT, CHENAULT, FOSTER, WILLIAMS
04/19/04 (H) FIN CS ADOPTED Y28 N11 E1
04/19/04 (H) TRANSMITTED TO (S)
04/19/04 (H) VERSION: CSHB 534(FIN)
04/20/04 (S) READ THE FIRST TIME - REFERRALS
04/20/04 (S) STA, FIN
04/27/04 (S) STA AT 3:30 PM BELTZ 211
WITNESS REGISTER
Kelly Huber
Staff to Representative Nancy Dahlstrom
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Introduced CSHB 496(STA) for sponsor
Richard Schmitz
Staff to Senator John Cowdery
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Introduced SB 224 for sponsor
LeeAnn Lucas
Special Assistant to the Commissioner
Department of Public Safety
PO Box 111200
Juneau, AK 99811-1200
POSITION STATEMENT: Testified on SB 224
Lt. Al Storey
AK State Troopers
Department of Public Safety
PO Box 111200
Juneau, AK 99811-1200
POSITION STATEMENT: Testified on SB 224
Cindy Cashen
Executive Director, MAAD Juneau
211 4th Street, Suite 211
Juneau, AK 99801
POSITION STATEMENT: Testified on SB 224
Representative Kevin Meyer
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor of HB 334
Suzanne Cunningham
Staff to Representative Kevin Meyer
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Testified on CSHB 334(RLS)
Sara Nielson
Staff to Representative Ralph Samuels
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Introduced CSHB 534(FIN)
Karla Schofield
Deputy Director Administrative Services
Legislative Affairs Agency
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Testified on CSHB 534(FIN)
ACTION NARRATIVE
TAPE 04-28, SIDE A
CHAIR GARY STEVENS called the Senate State Affairs Standing
Committee meeting to order at 3:35 p.m. Present were Senators
Cowdery, Stedman, Guess and Chair Gary Stevens.
CSHB 496(STA)-YOUTH VOTE AMBASSADOR / ELECTION BDS
CHAIR GARY STEVENS announced CSHB 496(STA) to be up for
consideration.
KELLY HUBER, staff to Representative Nancy Dahlstrom, sponsor,
explained that the bill is designed to increase young people's
interest in voting, to allow meaningful student involvement in
elections, and to help address the shortage of election workers.
CHAIR GARY STEVENS noted that this wouldn't have any fiscal
impact on the Division of Elections.
MS. HUBER agreed.
CHAIR GARY STEVENS opined that this is a good program.
CSHB 496(STA) was reported from committee with individual
recommendations and attached fiscal note.
SB 224-MINORS DRIVING AFTER CONSUMING ALCOHOL
RICHARD SCHMITZ, staff to Senator John Cowdery, sponsor
explained that the bill has gone through a number of changes and
the most recent version was \X.
CHAIR GARY STEVENS asked for a motion to adopt the most recent
committee substitute (CS).
SENATOR BERT STEDMAN motioned to adopt CSSB 224 \X version as
the working document. There being no objection, it was so
ordered.
MR. SCHMITZ asked the committee to amend that version to correct
a small error.
CHAIR GARY STEVENS asked for an explanation of the purpose of
the bill first.
MR. SCHMITZ replied it is to increase the penalty on minors who
elect to drink and drive. He said we know it's illegal to drink
alcohol if you aren't 21 years old. A separate issue relates to
people that get cited for driving under the influence (DUI),
which means they have a blood alcohol content of at least .08.
SB 224 falls in between and relates to the people that may not
be drunk according to the DUI standard, but they are breaking
the law because they're under 21 years old and they're drinking
and driving. The sponsor wants to see those penalties increased
and originally drafted the bill to make the offense a class B
misdemeanor. They ran into difficulty because federal law states
that you can't send someone to jail for a status offense.
The \X version CS calls for mandatory penalties. The first
offense brings a $500 fine and community work service. The
second offense brings a $1,000 fine and a third offense brings a
$1,500 fine. Subsequent fines would be no more than $1,500
because a larger fine would boost the infraction to the
misdemeanor penalty level.
CHAIR GARY STEVENS asked for an explanation of the proposed
amendment.
MR. SCHMITZ explained there were two drafting errors on page 4.
The bold type is inserted in the following:
AMENDMENT 1
CSSB 224 23-LS1037\X
Page 4, line 2
(2) has been previously convicted once under this section, AS
28.35.280, or
Page 4, line 11
(3) has been previously convicted two or more times under this
section, AS 28.35.290, or
CHAIR GARY STEVENS asked for a motion to adopt Amendment 1.
SENATOR STEDMAN motioned to adopt Amendment 1. There being no
objection, it was so ordered.
SENATOR GRETCHEN GUESS asked where she could find the definition
in statute or regulation for operating a motor vehicle after
consuming alcohol.
MR. SCHMITZ deferred to the Department of Public Safety.
LEEANN LUCAS, special assistant to the Commissioner of Public
Safety, said that for the purposes of this bill, AS 28.25.280
provides the definition. It includes youths between the ages of
14 and 21.
SENATOR GUESS asked whether there is a way to determine that the
youth was consuming alcohol rather than cough syrup for
instance.
MS. LUCAS said it does, and read the statute.
SENATOR GUESS asked whether this had been litigated.
MS. LUCAS deferred to Lt. Storey.
LT. STOREY, Alaska State Trooper, said there would be some
investigation involved and if the youth said they had been
taking cough medicine that would be taken into consideration.
SENATOR GUESS asked if there would be any problems because
current statute says "at least 14 years of age."
LT. STOREY said he didn't believe that would be a problem, but
that isn't to say that there wouldn't be instances in which
youths younger than 14 would consume alcohol.
SENATOR STEDMAN asked at what point the Breathalyzer meter
becomes more viable.
LT. STOREY said that troopers carry a preliminary breath test
device that is recalibrated from time to time and then there is
the Intoximeter that is proven and very accurate.
SENATOR STEDMAN noted that in previous testimony he heard that
accurate readings are difficult to obtain at a .02 level.
LT. STORER said the accuracy of the preliminary breath test
could be argued at the .02 level, but the specific circumstances
and other considerations would be taken into consideration.
CINDY CASHEN said she was representing MAAD Alaska chapters and
they support the bill. "We want what is effective for our minors
not only to stop underage drinking but also stop making poor
choices and one of the poor choices is drinking and driving,"
she said.
The system is currently overloaded and the kids quickly learn
how to work the system. This bill will help make these kids
immediately face the consequences of their actions and will
increase community service in areas related to the infraction
There was no further testimony.
SENATOR GUESS motioned to move CSSB 224(STA) amended \X version
from committee with individual recommendations and attached
fiscal note. There being no objection, it was so ordered.
CHAIR GARY STEVENS announced a brief at ease at 3:58 p.m.
CHAIR GARY STEVENS reconvened the meeting at 4:40 p.m.
CSHB 334(RLS)-UNLAWFUL EXPLOITATION OF MINOR/CHILD PORN
CHAIR GARY STEVENS announced CSHB 334(RLS) to be up for
consideration.
REPRESENTATIVE KEVIN MEYER, sponsor, explained that unlawful
exploitation of a minor refers to the production of child
pornography. The bill increases the penalties for the production
and sale of child pornography from a class B felony to a class A
felony for persons that have previously been convicted of the
crime. It's repeat offenders that are targeted here, he said,
and because federal laws are more stringent than the state laws,
it's been difficult to qualify for federal grants. Increasing
the penalties will address that issue.
When he was a member of the STAR Board (Standing Together
Against Rape) he found that the production of child pornography
leads to the more serious offense of sexual abuse of a minor.
Increasing the penalties for production and distribution might
help curb the other.
SENATOR JOHN COWDERY asked him to explain the difference between
a class A and a class B felony.
REPRESENTATIVE MEYER explained that the most serious felony is
an unclassified felony. The next most serious felony is a class
A felony followed by a class B felony and finally a class C
felony. The penalty for conviction of a class B felony is
incarceration of between one and four years. On the second
offense, there is a mandatory four year sentence. The class A
felony calls for a five year sentence for the first offense.
SENATOR BERT STEDMAN asked for an explanation of aggravators and
how they apply.
REPRESENTATIVE MEYER said there are about thirty different
aggravators and they may be added to a sentence at the judge's
discretion.
SENATOR GRETCHEN GUESS asked how the state is doing in
prosecuting and enforcing the laws on these crimes. She added
that the prosecution and enforcement of statutory rape is
pathetic in most states.
REPRESENTATIVE MEYER said his staff might have something to add,
but he did know that 15 juveniles were charged with unlawful
exploitation in a 10 year period.
SUZANNE CUNNINGHAM, staff to Representative Meyer, said that
information from the Department of Corrections indicates that as
of 2000 there were 14 offenders in jail for sexual exploitation
of a minor. The youngest offender was age 24 and the oldest was
62. In February a defendant was tried and convicted of 16 counts
of sexual abuse of a minor and incorporated in that were three
counts of unlawful exploitation of a minor. He was sentenced to
a total of 25 years for the 16 counts and is eligible for parole
after 10 years.
SENATOR GUESS asked about the issue of multiple counts and what
the penalty would be if they were all committed at the same
time.
REPRESENTATIVE MEYER said the first offense would be a class B
felony then on the second offense the penalty would be a class A
felony first offense.
SENATOR GUESS asked which it would be if she were convicted of
two counts at one time.
MS CUNNINGHAM replied the penalty would be a class B felony, but
if you were released from prison and were then charged tried and
convicted of the same crime then the penalty would be a class A
felony.
SENATOR GUESS asked if they had a reason for addressing it that
way. "Someone could get a class A because they're six months
apart on their crimes and someone else could have ten crimes and
they would all be class B. Does that make sense?" she asked.
REPRESENTATIVE MEYER said he didn't have an answer to the
question.
LT. STOREY stated that he was available to answer questions from
the public safety standpoint. He said he had no prepared
comments, but it is a good bill and they support it as a means
of breaking the cycle of this type of exploitation.
CHAIR GARY STEVENS asked for a motion.
SENATOR COWDERY motioned to moved CSHB 334(RLS) from committee
with individual recommendations and accompanying fiscal notes.
He asked for unanimous consent. There being no objection, it was
so ordered.
HB 534-MAKE OFFICE OF VICTIMS RIGHTS PERMANENT
SARA NIELSON, staff to Representative Ralph Samuels, sponsor,
explained that the Office of Victims Rights (OVR) provides legal
counsel, education, and assistance to victims of crime. The bill
repeals the four year sunset date for the office and makes it
permanent.
SENATOR GRETCHEN GUESS commented that an advantage to having a
sunset provision is that it gives an opportunity to look at the
issue and to determine whether or not there is anything that
needs to be changed. She asked how she envisions the process for
review and revision.
MS. NIELSON pointed out that a legislative member could still
request an audit from the LB&A.
KARLA SCHOFIELD with the Legislative Affairs Agency added to the
explanation saying that for the Legislature there are annual
financial audits for any entity in the Legislature of which the
Office of Victims Rights is one. In addition to that, a member
of the Legislature could ask the chair of the Legislative Budget
and Audit Committee for a performance audit at any time.
SENATOR COWDERY asked for the normal termination date.
MS. NIELSON said it's four years so the original bill would
sunset in 2006.
CHAIR GARY STEVENS asked her to speak to the concern that many
of the cases take many years to resolve and the sunset could
prove problematic to the victim.
MS. NIELSON reiterated that the cases can take years to resolve
and there is no wind down period for the office so when the
sunset date comes up the case would be dropped.
SENATOR GUESS asked what other groups are treated similarly.
MS. NIELSON told her the Ombudsman Office is the same.
SENATOR GUESS asked if there was a reason that this wasn't
addressed as a wind-down to address the issue.
MS. NIELSON said she thought the Finance Committee originally
wanted the office to be permanent.
SENATOR GUESS asked if she or the sponsor thought this might not
set an undesirable precedent.
MS. NIELSON didn't think so given the nature of the office.
There were no further questions.
SENATOR COWDERY made a motion to move CSHB 534(FIN) from
committee with individual recommendations and attached fiscal
notes. There being no objection, it was so ordered.
CHAIR GARY STEVENS announced that the committee had time
constraints and he didn't believe there was time to address SJR
33 at that time. He asked Senator Guess to meet with Senator
Seekins to work on some of the points of contention and the
committee would take the matter up as soon as possible.
SENATOR GUESS agreed to do so.
CHAIR GARY STEVENS adjourned the meeting at 5:00 p.m.
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