SENATE JUDICIARY COMMITTEE April 28, 1994 4:20 p.m. MEMBERS PRESENT Senator Robin Taylor, Chairman Senator Rick Halford, Vice-Chairman Senator George Jacko Senator Dave Donley Senator Suzanne Little MEMBERS ABSENT All members present COMMITTEE CALENDAR CONFIRMATION HEARINGS: Ethel Staton, Board of Governors Alaska Bar Association Jeff Feldman, Commission on Judicial Conduct Janice Leinhart, Judicial Council HOUSE JOINT RESOLUTION NO. 60 Relating to an amendment to the Constitution of the United States prohibiting federal courts from ordering a state or a political subdivision of a state to increase or impose taxes. HOUSE BILL NO. 78 "An Act relating to the testimony of children in certain criminal proceedings; and providing for an effective date." CS FOR HOUSE BILL NO. 2(RLS) "An Act requiring drug and alcohol tests for school bus drivers." CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 128(FIN) "An Act relating to paternity determinations and acknowledgements." HOUSE BILL NO. 331 am "An Act relating to claims on permanent fund dividends for defaulted public assistance overpayments." HOUSE BILL NO. 429 "An Act relating to the special education service agency." CS FOR HOUSE BILL NO. 410(STA) "An Act relating to real estate appraisers and the Board of Certified Real Estate Appraisers." CS FOR HOUSE BILL NO. 79(FIN) am "An Act relating to recovery from a parent or legal guardian of wilful or malicious destruction of property by a minor." SB 21 (MISC. GRANDPARENT VISITATION RIGHTS) was scheduled, but not taken up this date. HB 214 (DISCLOSURE OF MINOR'S RECORDS BY PARENT) was scheduled, but not taken up this date. PREVIOUS SENATE COMMITTEE ACTION HJR 60 - See State Affairs minutes dated 4/18/94. HB 78 - No previous action to record. HB 2 - See Health, Education & Social Services minutes dated 3/16/94. HB 128 - See Health, Education & Social Services minutes dated 3/21/94. HB 331 - See Health, Education & Social Services minutes dated 4/8/94. HB 429 - See Health, Education & Social Services minutes dated 3/21/94 and 4/18/94. HB 410 - See Judiciary minutes dated 4/23/94 & 4/25/94. HB 79 - See Health, Education & Social Service minutes dated 2/2/94. See Judiciary minutes dated 4/18/94, 4/23/94, and 4/25/94. WITNESS REGISTER Ethel Staton P.O. Box 829 Sitka, AK 99835 Jeff Feldman 500 L St., Suite 400 Anchorage, AK 99501 Janice Lienhart 619 East Fifth Ave. Anchorage, AK 99501 David Harding, Staff to Representative Eileen MacLean State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Offered information on HB 78 Judi Jordan, Staff to Representative Gail Phillips State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Present to respond to questions on HB 2 Renee Chatman, Staff to Representative Bettye Davis State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Offered information on HB 128 Phil Petri, Operations Manager Child Support Enforcement Division Department of Revenue P.O. Box 100400 Juneau, AK 99811-0400 POSITION STATEMENT: Offered information on HB 128 Representative Cynthia Toohey State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Prime Sponsor of HB 331 Jan Hansen, Director Division of Public Assistance Department of Health & Social Services P.O. Box 110640 Juneau, AK 99811-0640 POSITION STATEMENT: Answered questions on HB 331 Walt Wilcox, Staff to Representative Jeannette James State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Present to respond to questions on HB 429 Commissioner Margaret Lowe P.O. Box 110601 Juneau, AK 99811-0601 POSITION STATEMENT: Offered information on HB 429 Patti Swenson, Staff to Representative Con Bunde State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Testified on HB 79 ACTION NARRATIVE TAPE 94-43, SIDE A Number 001 CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to order at 4:20 p.m. SENATOR TAYLOR brought HJR 60 (AMEND US CONSTIT. TO LIMIT FED. COURTS) before the committee as the first order of business. There being no witnesses present to testify on the legislation, Senator Taylor asked for the pleasure of the committee. SENATOR HALFORD moved that HJR 60 be passed out of committee with individual recommendations. Hearing no objection, it was so ordered. Number 036 SENATOR TAYLOR brought HB 78 (TESTIMONY OF MINORS IN CRIMINAL TRIALS) before the committee as the next order of business. DAVID HARDING, staff to Representative Eileen MacLean, explained the bill makes it possible to protect children under the age of 16 from appearing in person as witnesses at criminal trials. Current law allows witnesses under the age of 13 to testify by video tape or closed circuit television if the court finds that testifying in person would be too difficult for the child. There has been concern about children who are forced to testify in sexual abuse of a minor and assault cases. SENATOR TAYLOR commented that HB 78 is a good bill, but it can cause some major problems, and he hopes it can be found to be constitutional. SENATOR HALFORD moved that HB 78 be passed out of committee with individual recommendations. Hearing no objection, it was so ordered. Number 070 SENATOR TAYLOR introduced CSHB 2(RLS) (DRUG TESTING FOR SCHOOL BUS S DRIVERS) as the next order of business. JUDI JORDAN, staff to Representative Gail Phillips, was present to respond to questions from the committee. There being no questions, SENATOR TAYLOR asked for the pleasure of the committee. SENATOR HALFORD moved that CSHB 2(RLS) be passed out of committee with individual recommendations. SENATOR LITTLE objected, stating her concern is that false positives are gained disproportionately on drug tests. SENATOR TAYLOR agreed with her concern, and expressed his hope that additional legislation in the future will provide for a back-up testing device or one, at least, that would not be at the cost of the individual. SENATOR HALFORD pointed out that the bill requires that regulations include a hearing before disposition is imposed. SENATOR LITTLE maintained her objection, and by a show of hands, the motion carried on a four to one vote. Number 110 SENATOR TAYLOR brought CSSSHB 128(FIN) (EARLY ACKNOWLEDGEMENT OF PATERNITY) before the committee as the next order of business. RENEE CHATMAN, staff to Representative Bettye Davis, stated non support of children has become a national epidemic, with one-fourth of the children in the United States now living with a single parent, and an estimated 60 percent spending at least part of their childhood in a single parent home. In almost half of these cases, the absent parent does not pay child support. Many of these children are born out of wedlock and paternity is established in only 30 percent of such cases. HB 128 requires that the state prepare a paternity acknowledgement form to be used at the time of birth. The form is signed by both parents; it will list the father's name and social security number; and it will have to be notarized by a notary public. The bill also lays out specific responsibilities of hospitals or midwives should the birth occur outside a hospital setting. In addition, the State of Alaska is required to give full faith and credit to a determination of paternity made by another state regardless of the method in which the paternity is established. Another component of the bill provides for procedures to allow a default order to be entered in contested paternity cases upon showing that process was served on the defendant in accordance with state law. Ms. Chatman pointed out that as of December 1993, there were 39,969 cases pending in the Alaska Child Support Enforcement Division, and 7,192 of those cases are directly related to paternity verification. SENATOR HALFORD asked if there is an acknowledgement of paternity, is there any way that later on this person can get a blood test. PHIL PETRI, Operations Manager, Child Support Enforcement Division, clarified that the presumptive evidence provided for in the bill brings it in line with current state statute, AS 25.020.050, which states that the punitive father acknowledges in writing being a parent of a child. He added that they still have the right to go into court, they still have the right to get blood tests, and the judge can overturn it. There was general discussion on the use of the terms "conclusive evidence" and "presumptive evidence." SENATOR TAYLOR stated he thought that "presumptive" was more than a sufficient standard to accomplish the purpose. SENATOR LITTLE moved that CSSSHB 128(FIN) be passed out of committee with individual recommendations. Hearing no objection, it was so ordered. Number 267 SENATOR TAYLOR stated the next order of business would be a confirmation hearing on Ethel Staton who has been serving on the Board of Governors of the Alaska Bar and is up for reappointment. ETHEL STATON, testifying from Sitka via the Legislative Teleconference Network, stated she is a born and raised Alaskan, and she expressed her appreciation at being reappointed to the board. SENATOR TAYLOR thanked Ms. Staton on behalf of the committee for her assistance and services to the state. SENATOR HALFORD moved that a letter be sent to the full membership of the Senate stating that a confirmation hearing on Ethel Staton was held and there were no stated objections to her reappointment to the Board of Governors of the Alaska Bar. Hearing no objection, the motion carried. Number 298 SENATOR TAYLOR introduced HB 331 am (USE PFD'S TO RECOVER WELFARE OVERPAYMENTS) as the next order of business. REPRESENTATIVE CYNTHIA TOOHEY, prime sponsor of HB 331, explained the legislation is a mechanism by which the Department of Health & Social Services will be able to collect overpayment of welfare checks after the person is off of welfare. There is no problem when a family is on welfare because there is a mechanism in place to take a small amount of each check. The problem arises when the person is no longer under the welfare system and they fail to repay amounts owed. HB 331 allows the garnishment of the individual's permanent fund dividend for an overpayment, be it the result of an overpayment by the department or by misinformation by the recipient. SENATOR JACKO asked how big of a problem this was. REPRESENTATIVE TOOHEY answered it amounts to approximately one half million dollars. JAN HANSRN, Director, Division of Public Assistance, Department of Health & Social Services, added that the overpayments can vary from a $50 error to a complete AFDC check. SENATOR HALFORD moved that HB 331 am be passed out of committee with individual recommendations. Hearing no objection, it was so ordered. Number 327 SENATOR TAYLOR stated the next order of business would be a confirmation hearing on the appointment of Jeff Feldman to the Commission on Judicial Conduct. JEFF FELDMAN, a 19-year member of the Alaska Bar Association testifying from Anchorage, spoke to the importance of insuring that the judiciary is properly administered. He said whatever can be done to ensure that the public has trust that the system is functioning fairly and efficiently is an effort well worth making. He expressed his willingness to serve on the Commission. SENATOR HALFORD moved that a letter be sent to the full membership of the Senate stating that a confirmation hearing has been held on Mr. Feldman's appointment to the Commission on Judicial Conduct and that there were no stated objections. Hearing no objection, the motion carried. Number 350 SENATOR TAYLOR brought HB 429 (SPECIAL EDUCATION SERVICE AGENCY) before the committee as the next order of business. WALT WILCOX, staff to Representative Jeannette James, was present to respond to questions. MARGARET LOWE, Commissioner of the Department of Health & Social Services, explained that this is a special education service agency that provides individualized teaching services to low incidence handicapping condition children in rural areas. This would remove the agency from being under the Governor's Council on Disabilities and Special Education making it its own private nonprofit agency. SENATOR HALFORD moved that HB 429 be passed out of committee with individual recommendations. Hearing no objection, it was so ordered. Number 385 SENATOR TAYLOR stated the next order of business would be a confirmation hearing on the appointment of Janice Lienhart to the Judicial Council. JANICE LIENHART, testifying from Anchorage, expressed her appreciation for having the opportunity to serve on the Judicial Council. She believes she offers a unique balance to the makeup of the Council. She said the members on the Council are working together very well, and it has been very rewarding. SENATOR HALFORD moved that a letter be sent to the full membership of the Senate stating that a confirmation hearing has been held on Ms. Lienhart's appointment to the Judicial Council and that there were no stated objections. Hearing no objection, the motion carried. Number 400 SENATOR TAYLOR brought CSHB 410(STA) (REAL ESTATE APPRAISERS) before the committee as the next order of business. He noted the legislation had a previous hearing before the committee, and that it changes the standard whereby the board will now set the certification levels, as well as brining the state into compliance with federal law. SENATOR HALFORD moved that CSHB 410(STA) be passed out of committee with individual recommendations. Hearing no objection, it was so ordered. Number 425 SENATOR TAYLOR brought CSHB 79(FIN) am (DAMAGE TO PROPERTY BY MINORS) before the committee as the final order of business. He directed attention to a proposed Judiciary SCS, which was prepared as a result of concerns raised at a previous hearing on the legislation. One change provides for two reasonable standards for the parent to get out from under liability: (1) unless the parent, legal guardian, or person having custody of the minor has been made a party in the civil action; and (2) if the parent, legal guardian, or person having legal custody of the minor has acted reasonably to exercise control over the minor or to influence the minor's behavior. SENATOR DONLEY stated his support for the new language in the committee substitute. SENATOR HALFORD moved that SCS CSHB 79(JUD) be adopted. Hearing no objection, the motion carried. There was discussion on what the amount should be that could be recovered in a civil action, which is set at $2,000 in current statute. SENATOR HALFORD moved that on page 1, line 7 of the Judiciary SCS, to delete "$2,000" and replace it with "$5,000." Hearing no objection, the amendment was adopted. PATTI SWENSON, staff to Representative Con Bunde, stated that Representative Bunde would like that amount to be set at $25,000. She related that recently there was vandalism on two school playgrounds, and the vandalism at one school was $10,000 and at the other school it is over $20,000 at this point. She said if the amount were higher, in the future it would help school districts or any organization that sustained such damage. SENATOR TAYLOR asked for the pleasure of the committee. SENATOR JACKO moved that SCS CSHB 79(JUD), as amended, be passed out of committee with individual recommendations. Hearing no objection, it was so ordered. There being no further business to come before the committee, the meeting was adjourned at 4:55 p.m.