04/23/2007 01:00 PM House JUDICIARY
| Audio | Topic | 
|---|---|
| Start | |
| HB3 | |
| HB164 | |
| HJR7 | |
| HB213 | |
| Adjourn | 
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 194 | TELECONFERENCED | |
| += | HJR 7 | TELECONFERENCED | |
| += | HB 213 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 164 | TELECONFERENCED | |
| += | HB 3 | TELECONFERENCED | |
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                         April 23, 2007                                                                                         
                           1:07 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Jay Ramras, Chair                                                                                                
Representative Nancy Dahlstrom, Vice Chair                                                                                      
Representative John Coghill                                                                                                     
Representative Bob Lynn                                                                                                         
Representative Ralph Samuels                                                                                                    
Representative Max Gruenberg                                                                                                    
Representative Lindsey Holmes                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Senator Bettye Davis                                                                                                            
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 3                                                                                                                
"An  Act relating  to  issuance of  identification  cards and  to                                                               
issuance  of driver's  licenses; and  providing for  an effective                                                               
date."                                                                                                                          
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
HOUSE BILL NO. 164                                                                                                              
"An  Act relating  to  reporting of  vessel  location by  certain                                                               
commercial passenger  vessels operating  in the marine  waters of                                                               
the state, to access to  vessels by licensed marine engineers for                                                               
purposes  of   monitoring  compliance  with  state   and  federal                                                               
requirements,  and to  the obligations  of those  engineers while                                                               
aboard the vessels; and providing for an effective date."                                                                       
                                                                                                                                
     - MOVED CSHB 164(JUD) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE JOINT RESOLUTION NO. 7                                                                                                    
Proposing amendments to  the Constitution of the  State of Alaska                                                               
to  avoid the  use of  personal pronouns  and similar  references                                                               
that denote masculine or feminine gender in that document.                                                                      
                                                                                                                                
     - MOVED CSHJR 7(STA) OUT OF COMMITTEE                                                                                      
                                                                                                                                
HOUSE BILL NO. 213                                                                                                              
"An  Act relating  to  an aggravating  factor  at sentencing  for                                                               
crimes committed at certain shelters and facilities."                                                                           
                                                                                                                                
     - MOVED CSHB 213(JUD) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 194                                                                                                              
"An  Act  relating  to  fines   for  certain  offenses  involving                                                               
aeronautics, alcoholic  beverages, boats,  fish and  game, health                                                               
care  records and  public health,  medical review  organizations,                                                               
public    restroom   facilities,    smoking,   shelter    cabins,                                                               
refrigerators  and  similar  equipment, radiation  sources,  high                                                               
voltage  lines, child  labor,  employment  in underground  mines,                                                               
marriage   licenses,  motor   vehicles  and   driver's  licenses,                                                               
ignition  interlock devices,  pipelines, use  of the  state seal,                                                               
and  emissions   requirements;  relating  to  the   maximum  fine                                                               
provided for violations and infractions  and to the definition of                                                               
'minor   offenses';   redesignating   certain   fish   and   game                                                               
misdemeanor  offenses  as  class   A  misdemeanors;  relating  to                                                               
violations and offenses that are  committed on state land, water,                                                               
and land  and water or  that are  related to water  management or                                                               
dam  and reservoir  safety; amending  Rule 8(b),  Alaska District                                                               
Court  Rules   of  Criminal  Procedure;  and   providing  for  an                                                               
effective date."                                                                                                                
                                                                                                                                
     - BILL HEARING POSTPONED TO 4/27/07                                                                                        
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 3                                                                                                                    
SHORT TITLE: REQUIREMENTS FOR DRIVER'S LICENSE/I.D.                                                                             
SPONSOR(S): REPRESENTATIVE(S) LYNN                                                                                              
                                                                                                                                
01/16/07       (H)       PREFILE RELEASED 1/5/07                                                                                
01/16/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/16/07       (H)       STA, JUD                                                                                               
02/27/07       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
02/27/07       (H)       Scheduled But Not Heard                                                                                
03/01/07       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
03/01/07       (H)       Scheduled But Not Heard                                                                                
03/06/07       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
03/06/07       (H)       Moved Out of Committee                                                                                 
03/06/07       (H)       MINUTE(STA)                                                                                            
03/07/07       (H)       STA RPT 3DP 2DNP 2NR                                                                                   
03/07/07       (H)       DP: JOHNSON, ROSES, LYNN                                                                               
03/07/07       (H)       DNP: GRUENBERG, DOLL                                                                                   
03/07/07       (H)       NR: JOHANSEN, COGHILL                                                                                  
03/07/07       (H)       FIN REFERRAL ADDED AFTER JUD                                                                           
04/20/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/20/07       (H)       Heard & Held                                                                                           
04/20/07       (H)       MINUTE(JUD)                                                                                            
04/23/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: HB 164                                                                                                                  
SHORT TITLE: OCEAN RANGERS & REPORTING VESSEL LOCATION                                                                          
SPONSOR(S): TRANSPORTATION                                                                                                      
                                                                                                                                
02/28/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/28/07       (H)       TRA, FIN                                                                                               
03/08/07       (H)       TRA AT 1:30 PM CAPITOL 17                                                                              
03/08/07       (H)       Heard & Held                                                                                           
03/08/07       (H)       MINUTE(TRA)                                                                                            
03/13/07       (H)       TRA AT 1:30 PM CAPITOL 17                                                                              
03/13/07       (H)       Moved Out of Committee                                                                                 
03/13/07       (H)       MINUTE(TRA)                                                                                            
03/14/07       (H)       TRA RPT 2DP 1DNP 3NR                                                                                   
03/14/07       (H)       DP: KOHRING, JOHANSEN                                                                                  
03/14/07       (H)       DNP: DOOGAN                                                                                            
03/14/07       (H)       NR: FAIRCLOUGH, JOHNSON, NEUMAN                                                                        
03/14/07       (H)       JUD REFERRAL ADDED AFTER TRA                                                                           
03/28/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/28/07       (H)       Heard & Held                                                                                           
03/28/07       (H)       MINUTE(JUD)                                                                                            
04/13/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/13/07       (H)       <Bill Hearing Canceled>                                                                                
04/16/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/16/07       (H)       <Bill Hearing Rescheduled to 04/18/07>                                                                 
04/18/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/18/07       (H)       -- MEETING CANCELED --                                                                                 
04/20/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/20/07       (H)       Heard & Held                                                                                           
04/20/07       (H)       MINUTE(JUD)                                                                                            
04/20/07       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
04/20/07       (H)       <Bill Hearing Postponed>                                                                               
04/23/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: HJR  7                                                                                                                  
SHORT TITLE: CONST AM: GENDER-NEUTRAL REFERENCES                                                                                
SPONSOR(S): REPRESENTATIVE(S) GATTO                                                                                             
                                                                                                                                
01/30/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/30/07       (H)       STA, JUD, FIN                                                                                          
04/03/07       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
04/03/07       (H)       Heard & Held                                                                                           
04/03/07       (H)       MINUTE(STA)                                                                                            
04/10/07       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
04/10/07       (H)       Moved CSHJR 7(STA) Out of Committee                                                                    
04/10/07       (H)       MINUTE(STA)                                                                                            
04/11/07       (H)       STA RPT CS(STA) 4DP 3NR                                                                                
04/11/07       (H)       DP: ROSES, GRUENBERG, DOLL, LYNN                                                                       
04/11/07       (H)       NR: JOHNSON, JOHANSEN, COGHILL                                                                         
04/18/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/18/07       (H)       -- MEETING CANCELED --                                                                                 
04/23/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: HB 213                                                                                                                  
SHORT TITLE: CRIMES AT DOMESTIC VIOLENCE SHELTERS                                                                               
SPONSOR(S): REPRESENTATIVE(S) DOLL                                                                                              
                                                                                                                                
03/21/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/21/07       (H)       HES, JUD                                                                                               
04/10/07       (H)       HES AT 4:00 PM CAPITOL 106                                                                             
04/10/07       (H)       Moved CSHB 213(HES) Out of Committee                                                                   
04/10/07       (H)       MINUTE(HES)                                                                                            
04/13/07       (H)       HES RPT CS(HES) 6DP                                                                                    
04/13/07       (H)       DP: CISSNA, SEATON, GARDNER, WILSON,                                                                   
                         FAIRCLOUGH, ROSES                                                                                      
04/17/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/17/07       (H)       <Bill Hearing Rescheduled to 04/20/07>                                                                 
04/20/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/20/07       (H)       <Bill Hearing Canceled>                                                                                
04/23/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
DIRK MOFFATT, Staff                                                                                                             
to Representative Bob Lynn                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented HB 3 on behalf of the sponsor,                                                                 
Representative Lynn.                                                                                                            
                                                                                                                                
DUANE BANNOCK, Director                                                                                                         
Division of Motor Vehicles (DMV)                                                                                                
Department of Administration (DOA)                                                                                              
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Responded to questions during discussion of                                                              
HB 3.                                                                                                                           
                                                                                                                                
REPRESENTATIVE KYLE JOHANSEN                                                                                                    
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:     Spoke   as  the   chair  of   the  House                                                             
Transportation Standing Committee, the sponsor of HB 164.                                                                       
                                                                                                                                
RANDALL RUARO, Staff                                                                                                            
to Representative Kyle Johansen                                                                                                 
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Responded to  questions during discussion of                                                             
HB 164 on behalf of  the House Transportation Standing Committee,                                                               
which sponsored the  bill and which is  chaired by Representative                                                               
Johansen.                                                                                                                       
                                                                                                                                
LYNN TOMICH KENT, Director                                                                                                      
Division of Water                                                                                                               
Department of Environmental Conservation (DEC)                                                                                  
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Responded to  questions during discussion of                                                             
HB 164.                                                                                                                         
                                                                                                                                
RUTH HAMILTON HESSE, Assistant Attorney General                                                                                 
Environmental Section                                                                                                           
Civil Division (Juneau)                                                                                                         
Department of Law (DOL)                                                                                                         
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Responded to  questions during discussion of                                                             
HB 164.                                                                                                                         
                                                                                                                                
SANDRA WILSON, Intern                                                                                                           
to Representative Carl Gatto                                                                                                    
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Presented HJR  7 on behalf of  the sponsor,                                                             
Representative Gatto.                                                                                                           
                                                                                                                                
CHRIS ASHENBRENNER, Interim Program Administrator                                                                               
Council on Domestic Violence and Sexual Assault (CDVSA)                                                                         
Department of Public Safety (DPS)                                                                                               
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:    Provided comments  during  discussion  of                                                             
HB 213.                                                                                                                         
                                                                                                                                
GERALD LUCKHAUPT, Attorney                                                                                                      
Legislative Legal Counsel                                                                                                       
Legislative Legal and Research Services                                                                                         
Legislative Affairs Agency (LAA)                                                                                                
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:    Spoke  as  the  drafter  of  HB  213  and                                                             
responded to questions.                                                                                                         
                                                                                                                                
SARALYN TABACHNICK, Executive Director                                                                                          
Aiding Women in Abuse and Rape Emergencies Inc (AWARE)                                                                          
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of HB 213.                                                                          
                                                                                                                                
PEGGY BROWN, Executive Director                                                                                                 
Alaska Network on Domestic Violence & Sexual Assault (ANDVSA)                                                                   
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:    Provided comments  during  discussion  of                                                             
HB 213.                                                                                                                         
                                                                                                                                
DON SHIRCEL                                                                                                                     
Tanana Chiefs Conference, Inc. (TCC)                                                                                            
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 213.                                                                          
                                                                                                                                
LINDA STANDFORD, Program Coordinator                                                                                            
Arctic Women in Crisis (AWIC)                                                                                                   
Barrow, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of HB 213.                                                                          
                                                                                                                                
RICK SVOBODNY, Deputy Attorney General                                                                                          
Criminal Division                                                                                                               
Office of the Attorney General                                                                                                  
Department of Law (DOL)                                                                                                         
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:     Provided   comments  and   responded  to                                                             
questions during discussion of HB 213.                                                                                          
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR JAY  RAMRAS called the  House Judiciary  Standing Committee                                                             
meeting  to  order at  1:07:31  PM.   Representatives  Dahlstrom,                                                             
Coghill,  Samuels,  Lynn,  Holmes,  Gruenberg,  and  Ramras  were                                                               
present  at  the call  to  order.    Senator  Davis was  also  in                                                               
attendance.                                                                                                                     
                                                                                                                                
HB 3 - REQUIREMENTS FOR DRIVER'S LICENSE/I.D.                                                                                 
                                                                                                                                
1:09:39 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced that the  first order of business would be                                                               
HOUSE BILL NO. 3, "An  Act relating to issuance of identification                                                               
cards and to issuance of  driver's licenses; and providing for an                                                               
effective date."                                                                                                                
                                                                                                                                
1:11:06 PM                                                                                                                    
                                                                                                                                
DIRK  MOFFATT, Staff  to Representative  Bob  Lynn, Alaska  State                                                               
Legislature, sponsor,  relayed on  behalf of  Representative Lynn                                                               
that Section  1 of  HB 3  conforms AS  18.65.310(a) to  allow the                                                               
validity period of an identity (ID)  card to be longer or shorter                                                               
than the  standard five-year validity  period.  Section  2 amends                                                               
AS 18.65.310(g) to  require an eight-year validity  period for an                                                               
ID card issued to  a person 60 years of age or  older.  Section 3                                                               
creates new subsections  (h) and (i) in  AS 18.65.310 referencing                                                               
legal  presence  and validity  dates.    Subsection (h)  requires                                                               
proof that an  applicant for an ID  card is a citizen  or a legal                                                               
resident of the United States.   Subsection (i) allows an ID card                                                               
to be issued  to a temporary resident of the  United States under                                                               
certain circumstances;  requires a temporary resident  to present                                                               
documentation  in person;  requires the  ID's expiration  date to                                                               
match  the expiration  date on  the  U.S. government's  temporary                                                               
resident document;  requires an  ID to expire  one year  from the                                                               
date of issue when an  applicant has indefinite temporary status;                                                               
allows IDs to be renewed  with documentary evidence that the U.S.                                                               
government has  extended the applicant's stay;  and provides that                                                               
the department  may regulate what constitutes  valid, documentary                                                               
evidence  for  an ID  card  except  it cannot  approve  matricula                                                               
consular cards.                                                                                                                 
                                                                                                                                
MR. MOFFATT, in response to  a question, explained that matricula                                                               
consular  cards are  cards that  have a  lot of  fraud associated                                                               
with  them   even  though  they   are  issued   through  Mexico's                                                               
consulates or embassies.                                                                                                        
                                                                                                                                
REPRESENTATIVE LYNN,  speaking as  the sponsor  of HB  3, relayed                                                               
that matricula  consular cards, typically  issued by  the Mexican                                                               
government, basically  say that the holder  has that government's                                                               
permission to be in the United States.                                                                                          
                                                                                                                                
MR. MOFFATT  explained that Section  4 amends  AS 28.15.031(b)(1)                                                               
to prohibit the issuance of a  driver's license to a person whose                                                               
privilege to drive has been  canceled or who is disqualified from                                                               
obtaining  a  license,  and  creates a  new  paragraph  (8)  with                                                               
subparagraphs  (A)   and  (B)  referencing  legal   presence  and                                                               
validity dates.   Subparagraph  (A) prohibits  the issuance  of a                                                               
driver's license  to a  person who has  not presented  proof that                                                               
he/she  is a  citizen or  legal  resident of  the United  States;                                                               
exempts a person  with an Alaska driver's license  from the proof                                                               
requirements  as long  as the  license  has not  expired or  been                                                               
canceled,  suspended, or  revoked  and the  person  has not  been                                                               
disqualified from  obtaining a license, or  unless the department                                                               
is  notified by  a government  agency that  the person  is not  a                                                               
citizen or legal  resident; and provides that  the department may                                                               
regulate  what   constitutes  valid,  documentary   evidence  for                                                               
driver's  license except  it  cannot  approve matricula  consular                                                               
cards.                                                                                                                          
                                                                                                                                
MR.  MOFFATT  relayed that  subparagraph  (B)  allows a  driver's                                                               
license  to be  issued  to  a temporary  resident  of the  United                                                               
States  under certain  circumstances; requires  the applicant  to                                                               
present  documentation  in   person;  prohibits  license  renewal                                                               
without  proof that  temporary status  has been  extended by  the                                                               
U.S. government; prohibits  a name change unless  the name change                                                               
corresponds  to  the  U.S.  government's  authorizing  documents;                                                               
prohibits the issuance of a  duplicate license without proof that                                                               
temporary status is still valid  and in effect; and provides that                                                               
the department  may regulate what constitutes  valid, documentary                                                               
evidence  for  a  driver's  license   except  it  cannot  approve                                                               
matricula consular  cards.  Section 5  conforms [AS 28.15.101(a)]                                                               
to allow the validity period of  a driver's license to be shorter                                                               
than the standard five-year validity period.                                                                                    
                                                                                                                                
MR. MOFFATT  explained that  Section 6  creates a  new subsection                                                               
(d) in AS  28.15.101 that requires a  driver's license expiration                                                               
date  to  match the  expiration  date  on the  U.S.  government's                                                               
temporary resident  document, and provides that  the license must                                                               
expire one  year from  the date  of issue  when an  applicant has                                                               
indefinite temporary  status.  Section  7 provides for  a January                                                               
1, 2008, effective date.                                                                                                        
                                                                                                                                
MR. MOFFATT, in  response to a question,  confirmed that language                                                               
in  proposed  AS  28.15.031(b)(8)(A) addresses  those  seeking  a                                                               
legal name change due to marriage or divorce.                                                                                   
                                                                                                                                
1:19:21 PM                                                                                                                    
                                                                                                                                
DUANE  BANNOCK,  Director,  Division  of  Motor  Vehicles  (DMV),                                                               
Department  of Administration  (DOA), in  response to  questions,                                                               
relayed  that Sections  1-3 specifically  address  ID cards,  and                                                               
that HB  3 is designed to  address those people who  are not able                                                               
establish that  they are legally in  the U.S. or who  have stayed                                                               
longer than they have been approved  for.  "We don't want them to                                                               
have a  driver's license or  identification card," he added.   In                                                               
response to  further questions, he  acknowledged that  although a                                                               
driver's  license  is  meant  to   indicate  that  a  person  has                                                               
sufficient knowledge and  skill to drive a car  and is physically                                                               
able to  do so, it is  more often used for  non-driving purposes;                                                               
offered  his  understanding   that  the  Transportation  Security                                                               
Administration   (TSA)  publishes   information  regarding   what                                                               
documents can be used to  satisfy its requirements; and confirmed                                                               
that driver's  licenses are probably  the most official  photo ID                                                               
that people carry, adding that  they are probably the most common                                                               
document used at airports.                                                                                                      
                                                                                                                                
REPRESENTATIVE  GRUENBERG, after  mentioning  that he's  provided                                                               
members  with a  couple of  proposed amendments,  noted that  the                                                               
federal REAL  ID Act of  2005 requires documents showing  a place                                                               
of residence, and asked how people  in rural Alaska ought to list                                                               
their  addresses given  that in  some areas  there are  no street                                                               
addresses.                                                                                                                      
                                                                                                                                
MR.  BANNOCK  characterized  that  topic  as  being  outside  the                                                               
purview of the bill.                                                                                                            
                                                                                                                                
REPRESENTATIVE  GRUENBERG  noted  that  under  the  bill,  people                                                               
seeking  driver's licenses  or ID  cards must  come into  the DMV                                                               
office  and show  their documentation  in person.   He  asked how                                                               
people  living  in  Alaska's remote  locations  are  expected  to                                                               
comply with that provision.                                                                                                     
                                                                                                                                
MR. BANNOCK,  after noting that  the DMV has an  existing network                                                               
of  offices, explained  that existing  statute  provides for  the                                                               
issuance  of a  specific type  of [license  or ID  card] that  he                                                               
called,  "Valid  Without Photo,"  adding  that  many people  from                                                               
outlying areas of  the state take advantage of that  program.  An                                                               
applicant of such  a license mails his/her documents  to the DMV,                                                               
which processes them  and then mails back a  license that doesn't                                                               
contain a photograph of the person.   House Bill 3 will not alter                                                               
that statute.                                                                                                                   
                                                                                                                                
MR.   BANNOCK,   in  response   to   a   question,  offered   his                                                               
understanding that  when people  who live in  rural areas  of the                                                               
state  travel to  the bigger  towns,  one of  their purposes  for                                                               
doing so  is to acquire a  driver's license or ID  card that does                                                               
contain their  photograph.   In response  to other  questions, he                                                               
explained that existing  law requires a person  whose license has                                                               
been expired for  longer than a year to retake  the written exam;                                                               
and that  under HB 3, anyone  seeking to have an  expired license                                                               
renewed  will  have  to  present  other  documentation  verifying                                                               
his/her identity even if the license  has only been expired for a                                                               
brief  time; and  that the  bill provides  an exemption  from its                                                               
documentation  requirements  for  those   seeking  to  get  their                                                               
license  renewed  as  long  as their  existing  license  has  not                                                               
expired.                                                                                                                        
                                                                                                                                
REPRESENTATIVE HOLMES  mentioned that that exemption  language is                                                               
located on page 3, [lines 18-22].                                                                                               
                                                                                                                                
MR.  BANNOCK  added that  under  existing  statute, a  person  is                                                               
allowed to renew  his/her license up to a year  in advance of the                                                               
expiration date.   In  response to  questions, he  explained that                                                               
currently,  someone  with  an  expired  license  seeking  license                                                               
renewal needn't present further documentation.                                                                                  
                                                                                                                                
CHAIR RAMRAS expressed  disfavor with the concept  of requiring a                                                               
person  with an  expired driver's  license to  present additional                                                               
documentation,  characterizing  that  requirement  as  an  unfair                                                               
burden on rural  Alaskans.  He indicated that the  bill would not                                                               
be moving from committee until that issue is addressed.                                                                         
                                                                                                                                
1:35:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  pointed out,  too, that under  the REAL                                                               
ID  Act of  2005, if  the person  living in  rural Alaska  has an                                                               
expired license, he/she won't even be  able to board the plane in                                                               
order  to come  into  an  urban center  and  get his/her  license                                                               
renewed.  He concurred, therefore,  that this provision does need                                                               
to be corrected.                                                                                                                
                                                                                                                                
REPRESENTATIVE HOLMES  asked how  long the  DMV intends  to store                                                               
the required documents, and how it intends to store them.                                                                       
                                                                                                                                
MR.  BANNOCK, noting  that HB  3 does  not address  those issues,                                                               
indicated that  the DMV intends  to store electronic  versions of                                                               
those documents  but hasn't begun  the process  of doing so.   In                                                               
response  to a  question, he  offered his  understanding that  40                                                               
other states already  "practice legal presence."   In response to                                                               
a further  question, he offered  his understanding that  the REAL                                                               
ID  Act of  2005 requires  electronic copies  of documents  to be                                                               
stored seven years and photocopies  of documents to be stored ten                                                               
years.                                                                                                                          
                                                                                                                                
CHAIR  RAMRAS asked  Mr.  Bannock  to work  with  the sponsor  to                                                               
address   members'  concerns   regarding  the   bill's  potential                                                               
detrimental impact on rural Alaskans.                                                                                           
                                                                                                                                
REPRESENTATIVE  LYNN,   acknowledging  that  Alaska   has  unique                                                               
demographics, agreed to address that issue.                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG  expressed a  desire to inform  the Bush                                                               
caucus  of HB  3's potential  ramifications.   In  response to  a                                                               
comment,  he indicated  that he  would  not yet  be offering  his                                                               
aforementioned proposed amendments.                                                                                             
                                                                                                                                
CHAIR RAMRAS relayed that HB 3 would be set aside.                                                                              
                                                                                                                                
HB 164 - OCEAN RANGERS & REPORTING VESSEL LOCATION                                                                            
                                                                                                                                
1:44:55 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced  that the next order of  business would be                                                               
HOUSE  BILL NO.  164, "An  Act  relating to  reporting of  vessel                                                               
location  by certain  commercial passenger  vessels operating  in                                                               
the marine waters of the state,  to access to vessels by licensed                                                               
marine  engineers  for  purposes of  monitoring  compliance  with                                                               
state and federal  requirements, and to the  obligations of those                                                               
engineers  while  aboard  the  vessels;   and  providing  for  an                                                               
effective  date."    [In  members'   packets  were  two  proposed                                                               
committee  substitutes for  HB 164:   Version  25-LS0585\V, Kane,                                                               
4/20/07; and Version 25-LS0585\N, Kane, 4/23/07.]                                                                               
                                                                                                                                
CHAIR  RAMRAS,  mentioning  a  potential  conflict  of  interest,                                                               
turned the gavel over to Vice Chair Dahlstrom.                                                                                  
                                                                                                                                
REPRESENTATIVE  GRUENBERG   asked  for  an  explanation   of  the                                                               
differences between Version V and Version N.                                                                                    
                                                                                                                                
1:46:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KYLE JOHANSEN,  Alaska State Legislature, speaking                                                               
as  the chair  of  the House  Transportation Standing  Committee,                                                               
sponsor of HB 164, relayed that  Version N is the latest version;                                                               
that  Version V  was drafted  after  the 4/20/07  meeting on  the                                                               
bill; and that one of the  differences between the two version is                                                               
that  Version  N  -  on  page  2, lines  4-5  -  uses  the  term,                                                               
"wastewater  treatment operator"  instead  of  the term,  "marine                                                               
engineer  licensed by  the United  States Coast  Guard and",  and                                                               
provides a definition of "wastewater  treatment operator" on page                                                               
2, lines 23-25:                                                                                                                 
                                                                                                                                
      (e) In this section, "wastewater treatment operator"                                                                      
        means a Level III wastewater treatment operator                                                                         
     certified by the department under the authority of AS                                                                      
     46.30.080.                                                                                                                 
                                                                                                                                
1:48:37 PM                                                                                                                    
                                                                                                                                
RANDALL  RUARO, Staff  to  Representative  Kyle Johansen,  Alaska                                                               
State Legislature,  speaking on  behalf the  House Transportation                                                               
Standing Committee, sponsor of HB  164, in response to questions,                                                               
relayed that  the term "Level III  wastewater treatment operator"                                                               
-  an existing  position within  the Department  of Environmental                                                               
Conservation  (DEC) -  is currently  only defined  in regulation,                                                               
not statute.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHANSEN, in  response to  a question,  indicated                                                               
that a  Level III wastewater  treatment operator  is specifically                                                               
trained   in   wastewater   analysis   and   sampling,   and   in                                                               
[maintaining]  advanced wastewater  treatment  plants, whereas  a                                                               
licensed marine  engineer -  as referenced  in both  the original                                                               
bill and  Version V - is  not.  Furthermore, language  on page 2,                                                               
lines 3-8, of Version N  stipulates that the wastewater treatment                                                               
operators  will  be allowed  on  board  vessels at  random  times                                                               
determined  by the  commissioner  while vessels  are  in port  or                                                               
operating in  Alaska waters  between two  Alaska ports;  this new                                                               
language, he  offered, gives the  commissioner the  discretion to                                                               
create a program  that will satisfy the intent of  the voters who                                                               
approved  the  recent  ballot initiative  regarding  cruise  ship                                                               
taxation, regulation, and disclosure.                                                                                           
                                                                                                                                
VICE  CHAIR  DAHLSTROM  asked whether  the  wastewater  treatment                                                               
operators will be state employees.                                                                                              
                                                                                                                                
REPRESENTATIVE  JOHANSEN relayed  his intent  to have  that issue                                                               
addressed  in  the  House  Finance Committee.    In  response  to                                                               
another question,  he observed  that the  DEC's fiscal  note will                                                               
have to be  recalculated after the adoption of the  CS, though he                                                               
anticipates it will be lower.                                                                                                   
                                                                                                                                
CHAIR RAMRAS  noted that proposed  AS 46.03.476(a) says  in part,                                                               
"The  commissioner  may  require  the  owner  or  operator",  and                                                               
surmised that  cruise ships wouldn't  be prohibited  from sailing                                                               
if not all the Level  III wastewater treatment operator positions                                                               
were filled.                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHANSEN offered his  understanding that it is the                                                               
commissioner  who   has  the  discretion  to   determine  when  a                                                               
wastewater treatment operator should go on board a vessel.                                                                      
                                                                                                                                
CHAIR  RAMRAS  indicated  that  he   wants  to  ensure  that  the                                                               
department's  inability  to  hire  enough  Level  III  wastewater                                                               
treatment operators won't disrupt a cruise ship's schedule.                                                                     
                                                                                                                                
1:55:20 PM                                                                                                                    
                                                                                                                                
LYNN  TOMICH KENT,  Director, Division  of  Water, Department  of                                                               
Environmental  Conservation (DEC),  in  response  to a  question,                                                               
first  clarified that  the department  has  estimated that  under                                                               
existing  law it  will  need  about 35  Ocean  Rangers, and  then                                                               
relayed  that Level  III wastewater  treatment operators  have to                                                               
have 14  years of education,  which translates into two  years of                                                               
college and four years of  wastewater treatment facility operator                                                               
experience, at  least half of which  has to be on  a similar type                                                               
of system.  And since many  cruise ships operate with an advanced                                                               
wastewater  treatment  system,  which  is  not  a  system  that's                                                               
commonly  used  at  shore-based facilities,  there  may  be  some                                                               
challenges, at  least in the  first few years, finding  staff who                                                               
have a Level III operator  certification for the types of systems                                                               
that are  on cruise ships.   She observed, though, that  the bill                                                               
provides  leeway  to  either  hire  state  staff  or  obtain  the                                                               
services through contract.                                                                                                      
                                                                                                                                
MS.  KENT,  in response  another  question,  said that  Level  II                                                               
wastewater  treatment   operators  have  to  have   12  years  of                                                               
education, which translates into a  high school diploma and three                                                               
years of experience  operating a system at the  next lower level,                                                               
and at least half of that time  must be spent working on a system                                                               
that's similar to those found on  cruise ships.  With regard to a                                                               
question of  how the DEC determined  that it would need  35 Ocean                                                               
Rangers,  she  explained that  the  department  had a  contractor                                                               
review a multitude of options  for placing Ocean Rangers on board                                                               
vessels,  and it  was the  contractor's  recommendation that  the                                                               
department could fully staff the  vessels while they're operating                                                               
in Alaskan waters with about  35 Ocean Rangers; this number would                                                               
satisfy  the  ballot initiative  as  currently  written with  the                                                               
assumption  that a  vessel would  have just  one Ocean  Ranger on                                                               
board, rather than two, working a 12 hour shift.                                                                                
                                                                                                                                
MS. KENT,  in response to a  question about the fiscal  impact of                                                               
the ballot initiative,  relayed that in addition  to the salaries                                                               
paid to those  monitoring the cruise ships, there  are also costs                                                               
associated with  equipment, training,  and traveling to  and from                                                               
vessels.                                                                                                                        
                                                                                                                                
2:00:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN  asked  what  the difference  is  between  a                                                               
wastewater treatment operator and  a marine engineer, and whether                                                               
either would satisfy the requirements of the ballot initiative.                                                                 
                                                                                                                                
MS.  KENT said  that a  Coast  Guard licensed  marine engineer  -                                                               
someone who is trained in how  the systems on the vessel operate,                                                               
including propulsion systems  as well as wastewater  systems - is                                                               
required to  have a certain  amount of sea  time in order  to get                                                               
certification,  but doesn't  have  the kinds  of training  needed                                                               
under the initiative as currently  written - he/she would have to                                                               
specifically   trained    in   domestic    wastewater   sampling,                                                               
foodservice,   solid  waste   management,  drinking   water,  air                                                               
opacity,  and a  wide variety  of pollution,  health, and  safety                                                               
requirements.   Therefore, licensed marine engineers  would still                                                               
have to  be trained in  those other aspects of  environmental and                                                               
public health  rules.   A wastewater  treatment operator,  on the                                                               
other  hand, has  been trained  in and  has experience  operating                                                               
domestic or  sewage treatment  facilities, but may  or may  not -                                                               
likely  not -  have experience  in other  kinds of  environmental                                                               
rules, though the way the CS  is written, he/she won't have those                                                               
responsibilities   anyway  for   things   like  "sanitation"   or                                                               
"safety."                                                                                                                       
                                                                                                                                
REPRESENTATIVE  LYNN asked  which type  of person  would be  best                                                               
qualified  to  ensure  that   wastewater  discharge  systems  are                                                               
working properly at the proper times.                                                                                           
                                                                                                                                
MS. KENT offered her belief  that a wastewater treatment operator                                                               
would be better suited and better  trained for the job as long as                                                               
his/her  duties  are  limited  to  wastewater  discharge  on  the                                                               
vessels, as is provided for via Version N.                                                                                      
                                                                                                                                
REPRESENTATIVE GRUENBERG asked whether  the legislature will have                                                               
to further amend AS 46.30 as a result of the passage of HB 164.                                                                 
                                                                                                                                
MS. KENT said she's not yet  had a chance to review the statutory                                                               
authority that  sets up the  certification system  for wastewater                                                               
[treatment] operators.                                                                                                          
                                                                                                                                
REPRESENTATIVE  GRUENBERG  suggested  to   the  sponsor  that  he                                                               
research that issue as well.                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN, referring  to page 2, line 3,  of Version N,                                                               
noted that  it says  in part, "The  commissioner may  require the                                                               
owner  or operator  of  a large  commercial  passenger vessel  to                                                               
allow". He questioned whether "may"  should be changed to "shall"                                                               
in order to more closely comply with the ballot initiative.                                                                     
                                                                                                                                
REPRESENTATIVE  JOHANSEN said  he  doesn't see  any problem  with                                                               
such a change.                                                                                                                  
                                                                                                                                
REPRESENTATIVE SAMUELS opined that such  a change would take away                                                               
the   commissioner's   discretion   to   train   personnel,   and                                                               
characterized it as a huge change.                                                                                              
                                                                                                                                
2:05:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  COGHILL moved  to  adopt  the proposed  committee                                                               
substitute (CS)  for HB 164, Version  25-LS0585\N, Kane, 4/23/07,                                                               
as  the work  draft.   There being  no objection,  Version N  was                                                               
before the committee.                                                                                                           
                                                                                                                                
VICE  CHAIR  DAHLSTROM  concurred with  Representative  Samuels's                                                               
point.                                                                                                                          
                                                                                                                                
REPRESENTATIVE  SAMUELS opined  that  changing  "may" to  "shall"                                                               
could result  in problems related to  having sufficiently trained                                                               
personnel.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  LYNN   disagreed,  said  he  believes   that  the                                                               
commissioner would  maintain his/her  discretion in  that regard,                                                               
and pointed  out that such a  change would only mandate  that the                                                               
commissioner must  require the owner  or operator of a  vessel to                                                               
allow a wastewater treatment operator on board.                                                                                 
                                                                                                                                
REPRESENTATIVE  COGHILL surmised  that the  issue is  whether the                                                               
owner  or operator  would be  directed to  allow or  permitted to                                                               
allow, and doesn't pertain to  whether the commissioner still has                                                               
the  discretion to  set the  times of  boarding or  establish the                                                               
duties  of  wastewater treatment  operators.    If the  "may"  is                                                               
changed  to  "shall", vessels  will  be  required to  "lower  the                                                               
gangplank," he  remarked, adding that  he doesn't have  a problem                                                               
with that concept.                                                                                                              
                                                                                                                                
VICE CHAIR DAHLSTROM asked what the  impact will be on how cruise                                                               
ships  operate  if  the  department  is  not  able  to  fill  the                                                               
necessary positions.                                                                                                            
                                                                                                                                
REPRESENTATIVE  JOHANSEN said  he  is  not sure  that  a lack  of                                                               
sufficient personnel  would preclude cruise ships  from operating                                                               
in  Alaska's  waters,  but acknowledged  that  staffing  concerns                                                               
prompted  the removal  of language  referring to  licensed marine                                                               
engineers.   The intent is  to give the commissioner  the ability                                                               
to put  folks on  board when  he/she wants to,  and so  perhaps a                                                               
further  solution to  a potential  staffing problem  would be  to                                                               
remove the words, "Level III" from page 2, line 23, he added.                                                                   
                                                                                                                                
2:09:51 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS  asked Representative  Johansen whether he  would be                                                               
amenable to  a conceptual amendment  along the lines of,  "in the                                                               
event that  positions cannot be filled  on a timely basis  by the                                                               
commissioner  of DEC,  these large  commercial passenger  vessels                                                               
shall be allowed  to travel in Alaskan waters."   He said he does                                                               
not  want  to  risk  disturbing commerce  based  on  the  state's                                                               
inability to hire sufficient staff.                                                                                             
                                                                                                                                
REPRESENTATIVE  JOHANSEN   said  he  intended  the   language  in                                                               
Version N to  give the commissioner  the ability to put  a person                                                               
on  a vessel,  not to  automatically  have a  person board  every                                                               
single  ship.   Thus, if  the commissioner  decides that  certain                                                               
vessels -  because of  a demonstrated good  track record  - don't                                                               
need  someone   on  board,  the   commissioner  would   have  the                                                               
discretion to adjust the program accordingly.                                                                                   
                                                                                                                                
REPRESENTATIVE  HOLMES  said she  does  not  think that  changing                                                               
"may"  to "shall"  will  cause  a problem  because  the times  of                                                               
boarding  would  still be  determined  by  the commissioner,  and                                                               
using  the word,  "shall" simply  means that  a particular  thing                                                               
must  be implemented.    If there  is a  shortage  of staff,  she                                                               
posited, the commissioner  can simply chose to  have people board                                                               
vessels fewer  times - a  shortage of staff won't  require cruise                                                               
ships to be prohibited from entering  Alaska waters.  "So I would                                                               
be in favor of changing 'may' to 'shall'," she added.                                                                           
                                                                                                                                
REPRESENTATIVE SAMUELS concurred.                                                                                               
                                                                                                                                
REPRESENTATIVE JOHANSEN  reiterated that  he has no  problem with                                                               
such a change.                                                                                                                  
                                                                                                                                
VICE  CHAIR  DAHLSTROM  referred  to  that  suggested  change  as                                                               
Amendment  1:   on page  2, line  3, changing  "may" to  "shall".                                                               
[Although  no  formal  motion was  made,  the  committee  treated                                                               
Amendment 1 as having been adopted.]                                                                                            
                                                                                                                                
2:15:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG referred  to Amendment  2, labeled  25-                                                               
LS0585\V.2, Kane, 4/23/07, which read:                                                                                          
                                                                                                                                
     Page 2, line 7:                                                                                                            
          Delete "between two Alaska ports"                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG  said  he  wants  to  be  certain  that                                                               
vessels  entering Alaska  waters could  be monitored  before they                                                               
arrive  at their  first  Alaska port,  and  that vessels  leaving                                                               
Alaska  waters could  be monitored  after they  leave their  last                                                               
Alaska port.   Without such a change as proposed  by Amendment 2,                                                               
a vessel  operator could simply  dump [untreated  material] right                                                               
after coming  into Alaska  waters or  just before  leaving Alaska                                                               
waters.   He asked  whether eliminating  the words,  "between two                                                               
Alaska ports" would address that point.                                                                                         
                                                                                                                                
RUTH  HAMILTON HESSE,  Assistant Attorney  General, Environmental                                                               
Section,  Civil  Division  (Juneau),  Department  of  Law  (DOL),                                                               
indicated that it would.                                                                                                        
                                                                                                                                
REPRESENTATIVE  GRUENBERG clarified  that  in order  to apply  to                                                               
Version N, Amendment 2 would need to be altered to read:                                                                        
                                                                                                                                
     Page 2, line 7-8:                                                                                                          
          Delete "between two Alaska ports"                                                                                     
                                                                                                                                
[Although  no  formal  motion was  made,  the  committee  treated                                                               
Amendment 2 as having been amended to that effect.]                                                                             
                                                                                                                                
2:19:27 PM                                                                                                                    
                                                                                                                                
MS.  HAMILTON  HESSE, in  response  to  a question,  offered  her                                                               
belief  that the  words, "or  operating in  Alaska waters"  would                                                               
include  all Alaska  waters [down]  to Dixon  Entrance, and  that                                                               
Alaska has  a three-mile jurisdictional  boundary.   She surmised                                                               
that  the words,  "between two  Alaska  ports" allows  wastewater                                                               
treatment operators to board a vessel  while it is in port rather                                                               
than trying  to board the  vessel while  it is underway  right at                                                               
the Dixon Entrance border line.                                                                                                 
                                                                                                                                
REPRESENTATIVE COGHILL  surmised, then, that if  Amendment 2 were                                                               
adopted,  a wastewater  treatment  operator could  still board  a                                                               
vessel while  it is at port,  but he/she would not  be limited to                                                               
that situation.   He questioned whether, without  the adoption of                                                               
Amendment 2, vessels  that choose to enter Alaska  waters but not                                                               
stop  at  any ports  before  leaving  would  be exempt  from  the                                                               
provisions of the bill.                                                                                                         
                                                                                                                                
MS. HAMILTON  HESSE said she  didn't know, but offered  that most                                                               
cruise ships that come into Alaska  waters stop at [at least] two                                                               
ports.  She  surmised that the commissioner would  still have the                                                               
discretion  to   address  such  a  circumstance,   though  fiscal                                                               
considerations might have to be made.                                                                                           
                                                                                                                                
REPRESENTATIVE  GRUENBERG  reiterated  that he  simply  wants  to                                                               
ensure  that  while  in  Alaska  waters,  vessels  aren't  simply                                                               
performing  improper  discharge  operations before  they  get  to                                                               
their first  Alaska port  or after they  leave their  last Alaska                                                               
port.                                                                                                                           
                                                                                                                                
REPRESENTATIVE  JOHANSEN,  in  response to  comments,  using  the                                                               
example of marine  pilots, said that Version N was  written so as                                                               
to  make boarding  by wastewater  treatment operators  practical,                                                               
and noted  that the waters of  Dixon Entrance - wherein  lies the                                                               
Alaska-Canada  maritime   border  -  are  quite   dangerous,  too                                                               
dangerous for  requiring wastewater treatment operators  to board                                                               
vessels while they are underway in those waters.                                                                                
                                                                                                                                
2:26:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG said  he  is more  concerned about  the                                                               
jurisdictional aspect of  the bill's language, not  so much about                                                               
when a  wastewater treatment operator  would board a  vessel, and                                                               
relayed that he  doesn't want to endanger anyone.   Alaska should                                                               
exert its jurisdiction over "this dumping," he added.                                                                           
                                                                                                                                
REPRESENTATIVE  LYNN concurred.    He  offered his  understanding                                                               
that  although it  would not  be  required that  someone board  a                                                               
vessel while it's  underway in dangerous waters,  if the occasion                                                               
demanded it, under Amendment 2,  doing so would remain an option.                                                               
He added, "I think there's a lot to gain and nothing to lose."                                                                  
                                                                                                                                
REPRESENTATIVE JOHANSEN posited that  the commissioner will still                                                               
have  discretion in  that  regard; however,  although  he is  not                                                               
opposed  to the  amendment,  he can't  envision the  commissioner                                                               
putting someone on board a vessel  while it was out in the middle                                                               
of the ocean anyway.                                                                                                            
                                                                                                                                
REPRESENTATIVE   HOLMES  concurred   with  Representative   Lynn.                                                               
[Under Amendment  2,] the commissioner would  have the discretion                                                               
to have a  wastewater treatment operator on board  a vessel while                                                               
it is entering  or exiting Alaska waters, but doing  so would not                                                               
be mandated.   She expressed  favor with giving  the commissioner                                                               
more discretion  in this  area in  case circumstances  called for                                                               
it.                                                                                                                             
                                                                                                                                
2:28:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG made  a motion to adopt  Amendment 2, as                                                               
amended [text provided previously].                                                                                             
                                                                                                                                
CHAIR RAMRAS objected, and said, "I call the question."                                                                         
                                                                                                                                
A roll  call vote was  taken.  Representatives Lynn,  Holmes, and                                                               
Gruenberg   voted  in   favor  of   Amendment   2,  as   amended.                                                               
Representatives  Coghill, Samuels,  Dahlstrom,  and Ramras  voted                                                               
against  it.   Therefore, Amendment  2, as  amended, failed  by a                                                               
vote of 3-4.                                                                                                                    
                                                                                                                                
The committee took an at-ease from 2:29 p.m. to 2:30 p.m.                                                                       
                                                                                                                                
REPRESENTATIVE  SAMUELS moved  to report  the proposed  committee                                                               
substitute (CS)  for HB 164, Version  25-LS0585\N, Kane, 4/23/07,                                                               
as amended, out of committee  with individual recommendations and                                                               
the accompanying fiscal notes.                                                                                                  
                                                                                                                                
REPRESENTATIVE GRUENBERG  objected.  He asked  whether the words,                                                               
"Level III" should remain on page 2, line 23.                                                                                   
                                                                                                                                
REPRESENTATIVE  JOHANSEN  relayed  that he  is  comfortable  with                                                               
keeping that language in.                                                                                                       
                                                                                                                                
REPRESENTATIVE GRUENBERG removed his objection.                                                                                 
                                                                                                                                
CHAIR RAMRAS  again stated  that he has  a potential  conflict of                                                               
interest.                                                                                                                       
                                                                                                                                
REPRESENTATIVE COGHILL  objected [thus requiring Chair  Ramras to                                                               
vote].                                                                                                                          
                                                                                                                                
VICE CHAIR  DAHLSTROM objected to  the motion for the  purpose of                                                               
allowing a roll call vote.                                                                                                      
                                                                                                                                
A  roll call  vote  was taken.    Representatives Samuels,  Lynn,                                                               
Coghill,  and Ramras  voted in  favor of  reporting the  proposed                                                               
committee substitute (CS) for HB  164, Version 25-LS0585\N, Kane,                                                               
4/23/07,  as amended,  from committee.   Representatives  Holmes,                                                               
Gruenberg,  and  Dahlstrom voted  against  it.   Therefore,  CSHB
164(JUD)  was  reported  out  of  the  House  Judiciary  Standing                                                               
Committee by a vote of 4-3.                                                                                                     
                                                                                                                                
VICE CHAIR DAHLSTROM returned the gavel to Chair Ramras.                                                                        
                                                                                                                                
HJR 7 - CONST AM: GENDER-NEUTRAL REFERENCES                                                                                   
                                                                                                                                
2:32:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SAMUELS  moved  to  report CSHJR  7(STA)  out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal notes.                                                                                                                   
                                                                                                                                
REPRESENTATIVE SAMUELS then withdrew his motion.                                                                                
                                                                                                                                
CHAIR RAMRAS announced  that the next order of  business would be                                                               
HOUSE  JOINT  RESOLUTION  NO.  7,  Proposing  amendments  to  the                                                               
Constitution of the State of Alaska  to avoid the use of personal                                                               
pronouns  and   similar  references  that  denote   masculine  or                                                               
feminine  gender in  that document.   [Before  the committee  was                                                               
CSHJR 7(STA).]                                                                                                                  
                                                                                                                                
2:33:27 PM                                                                                                                    
                                                                                                                                
SANDRA WILSON, Intern to Representative  Carl Gatto, Alaska State                                                               
Legislature, sponsor,  relayed on behalf of  Representative Gatto                                                               
that bringing HJR 7 before  the committee recognizes the election                                                               
of Alaska's first  female governor, as well as the  fact that the                                                               
state  now  has  [several]  female legislators,  a  female  chief                                                               
justice, and  [several] female commissioners.   Six  other states                                                               
have  [recently] amended  their state  constitution in  a similar                                                               
fashion.  House Joint Resolution  7, she offered, would not alter                                                               
the rights, powers, or privileges  afforded Alaska's citizens via                                                               
the  Alaska State  Constitution.   In conclusion,  she asked  the                                                               
committee  to support  HJR 7.   In  response to  a question,  she                                                               
confirmed  that  if  HJR  7  were to  pass  both  bodies  of  the                                                               
legislature, the  resolution's proposed  constitutional amendment                                                               
would be placed on the ballot for approval by the voters.                                                                       
                                                                                                                                
CHAIR  RAMRAS, after  ascertaining  that no  one  else wished  to                                                               
testify, closed public testimony on HJR 7.                                                                                      
                                                                                                                                
REPRESENTATIVE SAMUELS again moved to  report CSHJR 7(STA) out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.    There  being no  objection,  CSHJR  7(STA)  was                                                               
reported from the House Judiciary Standing Committee.                                                                           
                                                                                                                                
The committee took an at-ease from 2:36 p.m. to 2:38 p.m.                                                                       
                                                                                                                                
HB 213 - CRIMES AT DOMESTIC VIOLENCE SHELTERS                                                                                 
                                                                                                                                
2:38:49 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced that the  final order of business would be                                                               
HOUSE BILL NO. 213, "An Act  relating to an aggravating factor at                                                               
sentencing  for   crimes  committed   at  certain   shelters  and                                                               
facilities."  [Before the committee was CSHB 213(HES).]                                                                         
                                                                                                                                
2:39:18 PM                                                                                                                    
                                                                                                                                
CHRIS  ASHENBRENNER, Interim  Program  Administrator, Council  on                                                               
Domestic  Violence  and  Sexual Assault  (CDVSA),  Department  of                                                               
Public  Safety  (DPS),  noted that  members'  packets  contain  a                                                               
letter of  support for HB  213 from the  CDVSA.  She  offered her                                                               
understanding  that an  incident at  the AWARE  (Aiding Women  in                                                               
Abuse and Rape Emergencies) shelter  in Juneau engendered HB 213,                                                               
and, after  briefly describing that  incident, relayed  that such                                                               
incidents  are not  unique in  Alaska:   perpetrators [of  sexual                                                               
assault  and  domestic violence]  across  the  state continue  to                                                               
pursue  their victims  even  when  they are  in  a  safe home  or                                                               
shelter.    She  opined  that   it  is  important  to  hold  such                                                               
perpetrators extra  accountable for those  crimes; accountability                                                               
for such perpetrators  is a key factor in  stopping such offenses                                                               
and helping to make the people in shelters safer.                                                                               
                                                                                                                                
MS.  ASHENBRENNER,  in  response  to  a  question,  relayed  that                                                               
although  perhaps   there  are   other  institutions   that  need                                                               
protection  from  individuals  that  are  angry  at  the  system,                                                               
perpetrators  of   domestic  violence  and  sexual   assault  are                                                               
generally  after  a  particular  victim   -  a  victim  whom  the                                                               
perpetrator has victimized and hurt before.                                                                                     
                                                                                                                                
REPRESENTATIVE SAMUELS  questioned what  the term,  "offense", as                                                               
used on line 5 of the bill, means.                                                                                              
                                                                                                                                
2:43:53 PM                                                                                                                    
                                                                                                                                
GERALD   LUCKHAUPT,   Attorney,    Legislative   Legal   Counsel,                                                               
Legislative  Legal  and  Research Services,  Legislative  Affairs                                                               
Agency  (LAA), speaking  as the  drafter of  HB 213,  offered his                                                               
understanding that the term "offense"  as used in the bill refers                                                               
to any  felony offense  under Title  11.   Thus, he  surmised, it                                                               
could apply to one who commits embezzlement while at a shelter.                                                                 
                                                                                                                                
REPRESENTATIVE  SAMUELS  asked  for clarification  regarding  the                                                               
term, "recognized shelter".                                                                                                     
                                                                                                                                
MR.  LUCKHAUPT explained  that the  House  Health, Education  and                                                               
Social   Services   Standing    Committee   inserted   the   term                                                               
"recognized" because  the state  doesn't recognize  all shelters.                                                               
For example,  in some rural  areas there are certain  houses that                                                               
are  known to  be safe  houses, and  so the  state would  have to                                                               
prove that the crime did occur at a "recognized" shelter.                                                                       
                                                                                                                                
2:46:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SAMUELS  expressed interest  in limiting  the bill                                                               
such that it only applied to  crimes associated with someone at a                                                               
shelter - not just all felonies.                                                                                                
                                                                                                                                
MR. LUCKHAUPT surmised that those  would be felony crimes against                                                               
a person  under AS 11.41, or  arson in the first  degree under AS                                                               
11.46.400.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  COGHILL questioned  whether  some  of the  crimes                                                               
listed in  those statutes fall  outside of the realm  of domestic                                                               
violence acts.                                                                                                                  
                                                                                                                                
MR.  LUCKHAUPT   acknowledged  that  it   would  be  up   to  the                                                               
legislature   to  decide   which  felony   crimes  the   proposed                                                               
aggravating factor should apply to.                                                                                             
                                                                                                                                
REPRESENTATIVE COGHILL  indicated that  he wants to  include just                                                               
those  felony  crimes  that are  specifically  targeted  [at  the                                                               
people in  a shelter or at  the shelter itself simply  because of                                                               
the  fact  that it  protects  victims  of domestic  violence  and                                                               
sexual assault]; for example,  committing certain property crimes                                                               
could  be  connected  to domestic  violence  and  sexual  assault                                                               
issues.                                                                                                                         
                                                                                                                                
MR.   LUCKHAUPT,  in   response  to   a  question,   offered  his                                                               
understanding that it  is the prosecutors who  have the authority                                                               
to decide  whether to seek  an aggravating factor  at sentencing,                                                               
and  the judge,  if that  factor  is proven  beyond a  reasonable                                                               
doubt, can then take into  account that aggravating factor during                                                               
sentencing  and   decide  how  much   weight  to  give   it  when                                                               
determining whether  the sentence  should exceed  the presumptive                                                               
sentencing scheme  set out  in statute.   In response  to another                                                               
question, he pointed out that  the perpetrator to which this bill                                                               
applies wouldn't  necessarily have had any  prior charges related                                                               
to  domestic violence  or sexual  assault against  him/her before                                                               
then committing  the felony crime  at the shelter,  and mentioned                                                               
that the crime  of burglary consists of breaking  into a building                                                               
with the  intent to commit  any crime inside that  structure, and                                                               
that the crime of burglary is  always a felony crime under Alaska                                                               
law.                                                                                                                            
                                                                                                                                
2:56:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN  surmised that the  intent of the bill  is to                                                               
protect  people who  are already  victims who've  sought help  at                                                               
domestic violence  and sexual assault  shelters, which  are often                                                               
run  on small  budgets;  thus  even the  crimes  of burglary  and                                                               
embezzlement constitute an indirect  assault on [all the victims]                                                               
because a perpetrator is damaging  these facilities via the crime                                                               
he/she  is committing.   He  remarked, therefore,  that he  would                                                               
like to see the bill apply to all felony crimes.                                                                                
                                                                                                                                
REPRESENTATIVE SAMUELS pointed out,  though, that under the bill,                                                               
a person embezzling  from a shelter would  be treated differently                                                               
than  if   he/she  were  embezzling  from   any  other  nonprofit                                                               
organization  regardless   that  his/her  crime  has   no  direct                                                               
connection to the victims of the shelter.                                                                                       
                                                                                                                                
REPRESENTATIVE  DAHLSTROM  noted  that   sometimes  a  victim  of                                                               
domestic  violence  or  sexual   assault  will  take  shelter  in                                                               
someone's private  residence, and so by  including the qualifier,                                                               
"recognized",  an assault  on the  victim in  that home  would be                                                               
treated like a lesser crime than  if the victim were staying at a                                                               
"recognized" shelter.                                                                                                           
                                                                                                                                
MR. LUCKHAUPT clarified  that the crime itself is  still the same                                                               
regardless of where  it occurs.  The bill is  simply proposing to                                                               
provide for  an aggravating factor  that could be applied  if the                                                               
crime  took   place  at  a   recognized  shelter,   whereas  that                                                               
aggravating factor [couldn't] be  applied in situations involving                                                               
someone's  private residence  - just  the presumptive  sentencing                                                               
scheme for that crime would be used.                                                                                            
                                                                                                                                
3:01:08 PM                                                                                                                    
                                                                                                                                
SARALYN  TABACHNICK, Executive  Director, Aiding  Women in  Abuse                                                               
and  Rape Emergencies  Inc  (AWARE), relayed  that  she would  be                                                               
speaking in  support of HB 213.   When people come  to AWARE Inc.                                                               
for  services, there  is a  higher  expectation of  and need  for                                                               
safety - they are a  specific high-risk population because of the                                                               
domestic  violence  or  sexual   assault  that  they've  endured.                                                               
Confirming that the Aware Inc.  shelter did suffer a break-in the                                                               
summer of  2005 to the  administrative side of the  facility, she                                                               
expressed support  for the concept  of holding  such perpetrators                                                               
accountable.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG, noting  that  he  agrees that  certain                                                               
crimes are  not particularly related  [to the issues  of domestic                                                               
violence and sexual assault] -  for example, the crime of forgery                                                               
- said  he's been reviewing the  range of felony crimes  that the                                                               
bill  should apply  to because  those crimes  could have  a nexus                                                               
with a  domestic violence shelter, and  a number of them  are not                                                               
considered to  be crimes  against a  person:   criminal mischief,                                                               
solicitation,  conspiracy,  and  various weapons  offenses.    He                                                               
opined,  therefore,  that  it is  important  to  determine  which                                                               
specific crimes  should be subject  to this  proposed aggravating                                                               
factor.                                                                                                                         
                                                                                                                                
3:04:24 PM                                                                                                                    
                                                                                                                                
PEGGY  BROWN,  Executive  Director, Alaska  Network  on  Domestic                                                               
Violence  &  Sexual  Assault (ANDVSA),  relayed  that  statewide,                                                               
there is  an increased  level of violence,  and that  when people                                                               
come to  a shelter for  help, there  is a presumption  of safety.                                                               
House  Bill  213  is  intended to  address  acts  of  terroristic                                                               
threatening  or  other  kinds   of  misbehavior  towards  shelter                                                               
inhabitants and  staff by those  who have broken into  a shelter.                                                               
She indicated  that HB  213 will  send a  clear message  that one                                                               
shouldn't break into a place of safety - it won't be tolerated.                                                                 
                                                                                                                                
3:06:05 PM                                                                                                                    
                                                                                                                                
DON SHIRCEL,  Tanana Chiefs Conference, Inc.  (TCC), relayed that                                                               
over the years,  tribal leaders of Interior  Alaska villages have                                                               
passed  numerous  resolutions  at   the  TCCs  annual  convention                                                               
focusing  on the  need to  provide safety  to residents  of rural                                                               
Alaska.    Unfortunately, women  and  other  victims of  domestic                                                               
violence who  reside in Alaska's  rural communities  have nowhere                                                               
near the  access to the  protections and services  afforded other                                                               
Alaskan  citizens who  reside in  the  state's more  metropolitan                                                               
areas.    Many victims  of  domestic  violence living  in  remote                                                               
villages  of the  Interior rely  on local  safe homes  which have                                                               
been  established  through  federal  funding  obtained  by  their                                                               
tribal  governments  under  the Family  Violence  Prevention  and                                                               
Services Act.                                                                                                                   
                                                                                                                                
MR.  SHIRCEL said  that  local individuals  who  work with  their                                                               
tribal  government  to  provide  a  safe  place  for  victims  of                                                               
domestic violence do so with  the knowledge that they have little                                                               
or no backup from state  law enforcement and only limited support                                                               
from its judicial  system in the event that  a perpetrator elects                                                               
to  violate  the haven  they  provide  to victims  and  children.                                                               
House Bill 213 is  a step in the right direction  and at the very                                                               
least sends a strong message  that the consequences for felonious                                                               
acts perpetrated  at a  shelter or  safe home  can and  should be                                                               
based on what they really are  - escalated acts of violence which                                                               
can  result  in  harsher  penalties.    The  TCC,  he  concluded,                                                               
strongly supports  HB 213 and  hopes the committee will  move the                                                               
bill from committee and support its passage into law.                                                                           
                                                                                                                                
3:08:19 PM                                                                                                                    
                                                                                                                                
LINDA  STANDFORD, Program  Coordinator,  Arctic  Women in  Crisis                                                               
(AWIC), relayed that  in addition to [AWIC's  main] shelter, AWIC                                                               
has safe homes in all of  the region's villages; these safe homes                                                               
are not funded  - volunteers simply open up  their homes anytime,                                                               
day or night.   She said she  is speaking in support  HB 213, and                                                               
hopes that  the state will  send a strong message  that offenders                                                               
will be  held accountable.  Safety  must be the primary  goal and                                                               
concern.   When women and  children arrive at AWIC's  doors, they                                                               
are  expecting  to  find  a   safe  haven,  so  when  individuals                                                               
terrorize staff  and clients,  everything is  changed.   She then                                                               
mentioned a couple  of instances of the sort of  behavior that HB
213 is meant  to address.  Last July, a  perpetrator was angry at                                                               
another of  AWIC's clients for giving  his victim a ride,  and so                                                               
he beat in her windshield  and threatened shelter staff and other                                                               
residents -  this perpetrator's behavior terrified  all the women                                                               
and children at the shelter.   Four years prior to that incident,                                                               
a  perpetrator attempted  to  break  into the  shelter  - he  was                                                               
totally focused on  getting a hold of his victim  - and he almost                                                               
got through  the door before  the police arrived; this,  too, was                                                               
terrifying for the  residents and staff.  Criminals  know how far                                                               
they can go and how much they can  get away with, so if the state                                                               
sends a strong message to them, they will probably hear it.                                                                     
                                                                                                                                
MS. STANDFORD relayed  that there have been  several instances of                                                               
this  sort of  behavior occurring  in the  volunteer safe  homes,                                                               
which, again,  are not  funded.  In  one instance,  a perpetrator                                                               
beat on  the house all  through the day  and night for  two days.                                                               
In these  outlying villages, these  volunteer homes are  known by                                                               
all in  the community as  a safe home -  as safe shelter.   There                                                               
have even been  instances of women and children  running to these                                                               
shelters with their perpetrators still  chasing them.  "We really                                                               
do  need additional  help in  keeping the  victims safe  and also                                                               
keeping shelter  staff safe," she  said, and asked  the committee                                                               
to  send   a  strong  message   that  acts  of   violence  and/or                                                               
trespassing will be taken seriously.   She asked the committee to                                                               
give strong  consideration to ensuring  that the bill  applies to                                                               
any acts  of violence  on a shelter's  premises, not  just crimes                                                               
against persons.                                                                                                                
                                                                                                                                
CHAIR  RAMRAS, after  ascertaining  that no  one  else wished  to                                                               
testify, closed public testimony on HB 213.                                                                                     
                                                                                                                                
3:13:11 PM                                                                                                                    
                                                                                                                                
RICK  SVOBODNY,  Deputy   Attorney  General,  Criminal  Division,                                                               
Office of the Attorney General,  Department of Law (DOL), relayed                                                               
that  the  term,  "recognized" was  added  to  delineate  between                                                               
someone's private  home and a  shelter situation.   When criminal                                                               
laws are drafted,  he explained, the DOL attempts  to define each                                                               
term  as  best  it  can  so  that a  case  won't  be  voided  for                                                               
vagueness,   and   surmised   that   by   including   the   term,                                                               
"recognized", a jury will be  instructed to use a person's common                                                               
understanding  of  that  term  and will  then  have  to  consider                                                               
whether  the incident  involved  a person  who  merely allowed  a                                                               
victim on the run  from a perpetrator to stay in  the back of the                                                               
person's  store for  a few  minutes, for  example, or  whether it                                                               
involved  a facility  that is  specifically  operated to  provide                                                               
shelter for people.                                                                                                             
                                                                                                                                
MR. SVOBODNY  suggested that one  way of easily dealing  with the                                                               
issue of which  offenses are covered is to say  that they must be                                                               
crimes that involve domestic violence  as defined under Title 18.                                                               
And  because HB  213 proposes  to  add an  aggravating factor  to                                                               
statute, it will only legally  apply in felony cases, although in                                                               
situations   where  a   perpetrator  is   only  charged   with  a                                                               
misdemeanor  crime, a  prosecutor  could then  point  out to  the                                                               
sentencing judge  that an aggravating  factor would  have applied                                                               
had the same crime risen to a felony level.                                                                                     
                                                                                                                                
MR. SVOBODNY,  with regard to  the question of what  would happen                                                               
if a victim  sought shelter in a someone's  private residence and                                                               
the victim's  perpetrator attempted to get  at him/her, explained                                                               
that  the  DOL  already  treats  crimes  that  occur  in  private                                                               
residences as more  serious than crimes that occur  in some other                                                               
type of  building, and HB 213  will do something similar  but via                                                               
the proposed aggravating  factor.  In other  words, regardless of                                                               
what  the ensuing  crime  is, if  an  offender unlawfully  enters                                                               
and/or  remains in  a private  residence  to commit  a crime,  it                                                               
would be considered a class  B felony simply because the offender                                                               
entered and/or  remained in  a private  residence to  commit that                                                               
crime.  Currently, without HB 213,  if a perpetrator broke into a                                                               
shelter,  he/she could  be charged  with a  class A  misdemeanor.                                                               
However,  such  an  incident could  involve  circumstances  about                                                               
which a prosecutor could argue that  a shelter is also a dwelling                                                               
depending on what part of the shelter the perpetrator entered.                                                                  
                                                                                                                                
3:19:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOLMES  asked whether, if the  committee goes with                                                               
Mr. Svobodny's suggestion  to have the bill apply  only to crimes                                                               
that involve  domestic violence  as defined  under Title  18, the                                                               
bill would  apply to someone  who broke  into a shelter  with the                                                               
intent  to commit  another  crime  even if  no  further crime  is                                                               
committed, and whether it would apply to arson at a shelter.                                                                    
                                                                                                                                
MR.  SVOBODNY   indicated  that  it  would   apply  to  instances                                                               
involving arson, and  reiterated that entering or  remaining in a                                                               
building unlawfully  in order to  commit another crime is  in and                                                               
of  itself  an  offense,  though there  could  be  difficulty  in                                                               
proving a person's  intent.  For example, if a  person is outside                                                               
a shelter  creating a disturbance  and promising to break  in and                                                               
promising to hurt  someone once inside, that  behavior could rise                                                               
to the level of  a class C felony, or, if  the person gets inside                                                               
and  gets  as  far  as  attempting to  break  into  the  victim's                                                               
individual room, that  crime could rise to the  level of burglary                                                               
in the first degree.                                                                                                            
                                                                                                                                
REPRESENTATIVE GRUENBERG said:                                                                                                  
                                                                                                                                
     This generally  looks like a  good starting  point, but                                                                    
     it doesn't look  to me like it covers  some crimes that                                                                    
     ought to  be covered,  and it  covers [some]  that [it]                                                                    
     shouldn't because  they're misdemeanors.   For example,                                                                    
     harassment  under subsection  (h) is  a misdemeanor,  I                                                                    
     believe;  (g),  violating  a  protective  order,  is  a                                                                    
     misdemeanor.   Certain crimes against the  person would                                                                    
     be misdemeanors,  too, but that would  shake itself out                                                                    
     if you  just said,  "under 11.41".   But I  think there                                                                    
     are  some others  that are  not included  in here  that                                                                    
     ought  to be,  such as  solicitation to  commit any  of                                                                    
     these crimes - which means  getting somebody else to do                                                                    
     it  - ...  any of  the conspiracy  statutes that  apply                                                                    
     ought to be  on here, and I think  there's some weapons                                                                    
     offenses that aren't on here that ought to be.                                                                             
                                                                                                                                
MR.  SVOBODNY  said  he  agrees  with  those  comments  in  part,                                                               
specifically  with   the  idea  of  including   crimes  involving                                                               
solicitation.      With   regard   to   the   misdemeanors   that                                                               
Representative  Gruenberg mentioned,  he  pointed  out that  they                                                               
wouldn't  be  covered  anyway because  aggravating  factors  only                                                               
apply to felony crimes.                                                                                                         
                                                                                                                                
REPRESENTATIVE   GRUENBERG   asked   whether   crimes   involving                                                               
conspiracy or crimes involving weapons ought to be included.                                                                    
                                                                                                                                
MR. SVOBODNY said that with  regard to conspiracy, there are only                                                               
a few crimes  that conspiracy applies to, one  being homicide and                                                               
another being sexual  assault.  With regard  to weapons offenses,                                                               
he indicated that he would  have no opposition to including them,                                                               
adding that  if a convicted  felon possesses a firearm  and takes                                                               
it  onto a  shelter's  premises, it  ought to  be  treated as  an                                                               
aggravated offense.                                                                                                             
                                                                                                                                
REPRESENTATIVE GRUENBERG referred to  Conceptual Amendment 1, and                                                               
explained  that it  would make  the bill  also apply  to offenses                                                               
that  affect  persons or  property  on  the premises;  Conceptual                                                               
Amendment 1 read [original punctuation provided]:                                                                               
                                                                                                                                
        p 1 l 5 after "on" add "or to affect persons or                                                                         
     property on"                                                                                                               
                                                                                                                                
REPRESENTATIVE GRUENBERG  asked Mr.  Svobodny whether  any crimes                                                               
other than  those that  have already been  discussed ought  to be                                                               
added to HB 213.                                                                                                                
                                                                                                                                
MR. SVOBODNY indicated that he knows of no other crimes.                                                                        
                                                                                                                                
3:26:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  made  a  motion  to  adopt  Conceptual                                                               
Amendment 1,  and explained  that it would  cover someone  who is                                                               
not  physically on  the premises  but  who takes  an action  that                                                               
affects  persons  or property  on  the  premises:   for  example,                                                               
someone standing across the street  from a shelter and shooting a                                                               
gun at the building or its residents or staff.                                                                                  
                                                                                                                                
REPRESENTATIVE   DOLL  characterized   the  change   proposed  by                                                               
Conceptual  Amendment  1  as  a good  idea,  conceptually.    She                                                               
mentioned, though,  that she doesn't  want the bill  changed such                                                               
that  it gets  out hand  and applies  to "twenty  other kinds  of                                                               
crimes."                                                                                                                        
                                                                                                                                
CHAIR  RAMRAS   asked  whether  there  were   any  objections  to                                                               
Conceptual   Amendment  1.      There   being  none,   Conceptual                                                               
Amendment 1 was adopted.                                                                                                        
                                                                                                                                
3:28:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  made  a  motion  to  adopt  Conceptual                                                               
Amendment 2  such that proposed  AS 12.55.155(c)(34)  would apply                                                               
to  crimes  that  involve  domestic violence  as  defined  in  AS                                                               
18.66.990, solicitation to commit  "any of these domestic violent                                                               
crimes listed," conspiracy  as it would apply  already to certain                                                               
of these crimes, and felony weapons offenses.                                                                                   
                                                                                                                                
MR. LUCKHAUPT, in  response to a question, said  that the problem                                                               
with using the definition of  a crime involving domestic violence                                                               
is that  it requires the  victim of the  crime to be  a household                                                               
member of  the offender,  and so  if the  intended victim  of the                                                               
perpetrator's act  is an employee,  the crime would no  longer be                                                               
covered.                                                                                                                        
                                                                                                                                
REPRESENTATIVE DOLL,  in response  to a question,  concurred that                                                               
Conceptual Amendment 2 is too broad.                                                                                            
                                                                                                                                
REPRESENTATIVE GRUENBERG withdrew Conceptual Amendment 2.                                                                       
                                                                                                                                
REPRESENTATIVE LYNN  moved to report  CSHB 213(HES),  as amended,                                                               
out  of   committee  with  individual  recommendations   and  the                                                               
accompanying zero fiscal  notes.  There being  no objection, CSHB
213(JUD)  was   reported  from   the  House   Judiciary  Standing                                                               
Committee.                                                                                                                      
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Judiciary Standing Committee meeting was adjourned at 3:31 p.m.                                                                 
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