02/14/2006 09:00 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB10 | |
| HB41 | |
| HB107 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 10 | TELECONFERENCED | |
| += | HB 41 | TELECONFERENCED | |
| += | HB 107 | TELECONFERENCED | |
| += | HB 269 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
February 14, 2006
9:34 a.m.
MEMBERS PRESENT
Senator Ralph Seekins, Chair
Senator Charlie Huggins, Vice Chair
Senator Hollis French
Senator Gretchen Guess
MEMBERS ABSENT
Senator Gene Therriault
COMMITTEE CALENDAR
SENATE BILL NO. 10
"An Act relating to liability for destruction of property by
unemancipated minors; and providing for an effective date."
MOVED CSSB 10(JUD) OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 41(FIN)
"An Act relating to minimum periods of imprisonment for the
crime of assault in the fourth degree committed against an
employee of an elementary, junior high, or secondary school or
certain contractors of school districts who were engaged in the
performance of school duties at the time of the assault."
HEARD AND HELD
CS FOR HOUSE BILL NO. 107(FIN)
"An Act relating to unlawful obstruction or hindrance of
hunting, fishing, trapping, or viewing of fish or game; and
amending Rule 82, Alaska Rules of Civil Procedure, and Rule 508,
Alaska Rules of Appellate Procedure."
HEARD AND HELD
HOUSE BILL NO. 269
"An Act relating to contribution actions relating to the release
of a hazardous substance; and providing for an effective date."
SCHEDULED BUT NOT HEARD
PREVIOUS COMMITTEE ACTION
BILL: SB 10
SHORT TITLE: PARENTAL LIABILITY FOR CHILD'S DAMAGE
SPONSOR(s): SENATOR(s) GUESS, DYSON
01/11/05 (S) PREFILE RELEASED 12/30/04
01/11/05 (S) READ THE FIRST TIME - REFERRALS
01/11/05 (S) HES, JUD
01/19/05 (H) HES AT 1:30 PM SENATE FINANCE 532
01/19/05 (S) Heard & Held
01/19/05 (S) MINUTE(HES)
01/26/05 (S) HES AT 1:30 PM BUTROVICH 205
01/26/05 (S) -- Meeting Canceled --
04/04/05 (S) HES AT 1:30 PM BUTROVICH 205
04/04/05 (S) Heard & Held
04/04/05 (S) MINUTE(HES)
04/06/05 (S) HES AT 1:30 PM BUTROVICH 205
04/06/05 (S) Scheduled But Not Heard
04/11/05 (S) HES AT 1:45 PM BUTROVICH 205
04/11/05 (S) Moved CSSB 10(HES) Out of Committee
04/11/05 (S) MINUTE(HES)
04/12/05 (S) HES RPT CS FORTHCOMING 2DP 3NR
04/12/05 (S) DP: DYSON, OLSON
04/12/05 (S) NR: WILKEN, ELTON, GREEN
04/13/05 (S) HES CS RECEIVED NEW TITLE
01/19/06 (S) JUD AT 8:30 AM BUTROVICH 205
01/19/06 (S) Scheduled But Not Heard
01/24/06 (S) JUD AT 8:30 AM BUTROVICH 205
01/24/06 (S) Scheduled But Not Heard
01/25/06 (S) JUD AT 8:30 AM BUTROVICH 205
01/25/06 (S) Heard & Held
01/25/06 (S) MINUTE(JUD)
02/01/06 (S) JUD AT 8:30 AM BUTROVICH 205
02/01/06 (S) Heard & Held
02/01/06 (S) MINUTE(JUD)
02/08/06 (S) JUD AT 8:30 AM BUTROVICH 205
02/08/06 (S) Heard & Held
02/08/06 (S) MINUTE(JUD)
02/09/06 (S) JUD AT 8:30 AM BUTROVICH 205
02/09/06 (S) Heard & Held
02/09/06 (S) MINUTE(JUD)
02/14/06 (S) JUD AT 9:00 AM BUTROVICH 205
BILL: HB 41
SHORT TITLE: ASSAULT ON SCHOOL EMPLOYEES/BUS DRIVERS
SPONSOR(s): REPRESENTATIVE(s) LYNN, MCGUIRE
01/10/05 (H) PREFILE RELEASED 12/30/04
01/10/05 (H) READ THE FIRST TIME - REFERRALS
01/10/05 (H) JUD, FIN
01/19/05 (H) JUD AT 1:00 PM CAPITOL 120
01/19/05 (H) Heard & Held
01/19/05 (H) MINUTE(JUD)
01/26/05 (H) JUD AT 1:00 PM CAPITOL 120
01/26/05 (H) -- Meeting Canceled --
02/02/05 (H) JUD AT 1:00 PM CAPITOL 120
02/02/05 (H) <Bill Hearing Postponed to Fri. 2/4/05>
02/04/05 (H) JUD AT 1:00 PM CAPITOL 120
02/04/05 (H) -- Rescheduled from Wed. 2/2/05 --
02/07/05 (H) JUD AT 1:00 PM CAPITOL 120
02/07/05 (H) Moved CSHB 41(JUD) Out of Committee
02/07/05 (H) MINUTE(JUD)
02/09/05 (H) JUD RPT CS(JUD) 2DP 4NR
02/09/05 (H) DP: ANDERSON, MCGUIRE;
02/09/05 (H) NR: GRUENBERG, GARA, COGHILL, DAHLSTROM
03/30/05 (H) FIN AT 1:30 PM HOUSE FINANCE 519
03/30/05 (H) <Bill Hearing Postponed>
04/04/05 (H) FIN AT 1:30 PM HOUSE FINANCE 519
04/04/05 (H) Moved CSHB 41(FIN) Out of Committee
04/04/05 (H) MINUTE(FIN)
04/06/05 (H) FIN RPT CS(FIN) NT 2DP 6NR 1AM
04/06/05 (H) DP: WEYHRAUCH, FOSTER;
04/06/05 (H) NR: HOLM, STOLTZE, MOSES, KELLY, MEYER,
CHENAULT;
04/06/05 (H) AM: HAWKER
04/13/05 (H) ENGROSSED
04/14/05 (H) TRANSMITTED TO (S)
04/14/05 (H) VERSION: CSHB 41(FIN)
04/15/05 (S) READ THE FIRST TIME - REFERRALS
04/15/05 (S) JUD, FIN
01/31/06 (S) JUD AT 9:30 AM BUTROVICH 205
01/31/06 (S) Heard & Held
01/31/06 (S) MINUTE(JUD)
02/08/06 (S) JUD AT 8:30 AM BUTROVICH 205
02/08/06 (S) Scheduled But Not Heard
02/14/06 (S) JUD AT 9:00 AM BUTROVICH 205
BILL: HB 107
SHORT TITLE: INTERFERENCE WITH FISH & GAME ACTIVITIES
SPONSOR(s): REPRESENTATIVE(s) RAMRAS
01/24/05 (H) READ THE FIRST TIME - REFERRALS
01/24/05 (H) RES, JUD
02/02/05 (H) RES AT 1:00 PM CAPITOL 124
02/02/05 (H) Heard & Held
02/02/05 (H) MINUTE(RES)
02/09/05 (H) RES AT 1:00 PM CAPITOL 124
02/09/05 (H) Heard & Held
02/09/05 (H) MINUTE(RES)
02/16/05 (H) RES AT 1:00 PM CAPITOL 124
02/16/05 (H) Moved CSHB 107(RES) Out of Committee
02/16/05 (H) MINUTE(RES)
02/18/05 (H) RES RPT CS(RES) NT 3DP 1DNP 4NR
02/18/05 (H) DP: OLSON, ELKINS, RAMRAS;
02/18/05 (H) DNP: SEATON;
02/18/05 (H) NR: GATTO, LEDOUX, CRAWFORD, KAPSNER
02/18/05 (H) FIN REFERRAL ADDED AFTER JUD
03/02/05 (H) JUD AT 1:00 PM CAPITOL 120
03/02/05 (H) Heard & Held
03/02/05 (H) MINUTE(JUD)
03/04/05 (H) JUD AT 1:00 PM CAPITOL 120
03/04/05 (H) Moved CSHB 107(JUD) Out of Committee
03/04/05 (H) MINUTE(JUD)
03/07/05 (H) JUD RPT CS(JUD) NT 3DP 3NR
03/07/05 (H) DP: GRUENBERG, ANDERSON, MCGUIRE;
03/07/05 (H) NR: DAHLSTROM, COGHILL, GARA
03/15/05 (H) FIN AT 1:30 PM HOUSE FINANCE 519
03/15/05 (H) Moved CSHB 107(FIN) Out of Committee
03/15/05 (H) MINUTE(FIN)
03/16/05 (H) FIN RPT CS(FIN) NT 2DP 6NR
03/16/05 (H) DP: HAWKER, STOLTZE;
03/16/05 (H) NR: WEYHRAUCH, CROFT, MOSES, KELLY,
MEYER, CHENAULT
05/08/05 (H) TRANSMITTED TO (S)
05/08/05 (H) VERSION: CSHB 107(FIN)
05/09/05 (S) READ THE FIRST TIME - REFERRALS
05/09/05 (S) RES, JUD
01/23/06 (S) RES AT 3:30 PM BUTROVICH 205
01/23/06 (S) Heard & Held
01/23/06 (S) MINUTE(RES)
01/30/06 (S) RES AT 3:30 PM BUTROVICH 205
01/30/06 (S) Moved SCS CSHB 107(RES) Out of
Committee
01/30/06 (S) MINUTE(RES)
02/01/06 (S) RES RPT SCS 3DP 4NR SAME TITLE
02/01/06 (S) DP: WAGONER, DYSON, STEVENS B
02/01/06 (S) NR: ELTON, KOOKESH, SEEKINS, STEDMAN
02/09/06 (S) JUD AT 8:30 AM BUTROVICH 205
02/09/06 (S) Scheduled But Not Heard
02/14/06 (S) JUD AT 9:00 AM BUTROVICH 205
WITNESS REGISTER
Senator Gretchen Guess
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor of SB 10
Anne Carpeneti, Assistant Attorney General
Department of Law
PO Box 110300
Juneau, AK 99811-0300
POSITION STATEMENT: Commented on HB 41
Representative Bob Lynn
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor of HB 41
John Alcantra, Political Organizer
Government Relations
NEA Alaska
4100 Spenard Road
Anchorage, AK 99517
POSITION STATEMENT: Testified in support of HB 41
Jim Pound, Legislative Aide
Representative Jay Ramras office
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Introduced HB 107 for the sponsor
ACTION NARRATIVE
CHAIR RALPH SEEKINS called the Senate Judiciary Standing
Committee meeting to order at 9:34:10 AM. Present were Senators
Hollis French, Charlie Huggins, Gretchen Guess, and Chair Ralph
Seekins.
SB 10-PARENTAL LIABILITY FOR CHILD'S DAMAGE
CHAIR RALPH SEEKINS announced SB 10 to be up for consideration.
9:34:22 AM
SENATOR GRETCHEN GUESS, bill sponsor, moved CSSB 10 version \K
as the working document before the committee. Hearing no
objections, the motion carried.
CHAIR SEEKINS noted no one was signed up to testify on the
current version of the bill and so he closed public testimony.
SENATOR HOLLIS FRENCH moved CSSB 10(JUD) version \K out of
committee with individual recommendations and attached fiscal
notes. Hearing no objections, the motion carried.
Chair Seekins announced a brief recess at 9:36:07 AM.
CSHB 41(FIN)-ASSAULT ON SCHOOL EMPLOYEES/BUS DRIVERS
9:43:55 AM
CHAIR RALPH SEEKINS announced CSHB 41(FIN) to be up for
consideration.
REPRESENTATIVE BOB LYNN, bill sponsor, introduced himself for
the record.
CHAIR SEEKINS said:
I have some concern about establishing in statute for
the first time that I can find a mitigator on a
misdemeanor. I understand, Representative Lynn, that
was added in the House Judiciary [Standing] Committee,
is that correct?
Representative Lynn said:
I think so. I'm not sure.
CHAIR SEEKINS asked Anne Carpeneti whether that was her
recollection.
ANNE CARPENETI, Assistant Attorney General, Department of Law
(DOL), said that was her recollection.
CHAIR SEEKINS said:
My concern is that we just don't have mitigators in
misdemeanors.
MS. CARPENETI advised the committee that she looked through the
minutes and saw an amendment that was added by Representative
[Bruce] Weyhrauch. She was not certain whether it was added in
the House Judiciary Standing Committee or whether it was added
on the House Floor.
9:45:58 AM
SENATOR CHARLIE HUGGINS moved Amendment 1. Page 2, line 5, after
the final "the"; eliminate the language through line 8 at the
first semicolon. Hearing no objection, Amendment 1 was adopted.
SENATOR HOLLIS FRENCH moved Amendment 2. Page 2, line 5; reduce
the term of imprisonment down to 30 days.
CHAIR SEEKINS objected.
SENATOR FRENCH explained the reasoning. Amendment 1 has taken
out the mitigator, which did need to come out. He speculated the
reason the mitigator went in was because some of the committee
members on the House side were concerned about a possible
punitive effect in the case of a "de minimus" assault, which is
an assault that just barely qualifies under the statutory terms
of an assault that occurred on school grounds. He insisted that
a 60-day term of imprisonment was a long stretch of time in
jail. This is the same term in prison that a person would get
for a third DUI conviction.
9:49:45 AM
SENATOR FRENCH summarized by comparing the generally minimal
assaults that occur on school grounds to those that happen
against police officers. He suggested there should be a
difference in penalty due to the striking difference between the
two assaults, comparatively speaking.
SENATOR GRETCHEN GUESS asked Senator French whether the minimum
penalty would be 30 days and if it were a more egregious
assault, more time could be given.
SENATOR FRENCH advised the law would allow a judge to impose up
to a year in jail. He reminded the committee that sometimes it
is not the assault that determines the sentence so much as the
offender.
SENATOR GUESS asked the current minimum for an assault
conviction.
SENATOR FRENCH replied there is currently no statutory minimum.
9:51:28 AM
SENATOR GUESS asked Representative Lynn whether the minimum
proposed by HB 41 would be 60 days for any assault that occurred
on school grounds, even if it were unrelated to a school event
and did not include a school employee.
REPRESENTATIVE LYNN said originally the bill specified the
school employee. The committee substitute changed the language
to "school grounds." He suggested the committee could add
specified hours.
SENATOR GUESS spoke in favor of Amendment 2. She said the intent
of HB 41 was good but given the breadth of the bill she worried
that something the committee did not intend for to have a
penalty of 60 days, in fact, would.
REPRESENTATIVE LYNN responded he would support a penalty of up
to a year in prison. He asked committee members to maintain the
60-day minimum penalty.
9:53:34 AM
CHAIR SEEKINS asked Ms. Carpeneti to advise the committee on AS
11.41.230(a)(1-2).
9:55:27 AM
MS. CARPENETI read the statute:
Sec. 11.41.230. Assault in the fourth degree.
(a) A person commits the crime of assault in the fourth
degree if
(1) that person recklessly causes physical injury to
another person;
(2) with criminal negligence that person causes physical
injury to another person by means of a dangerous instrument;
CHAIR SEEKINS noted under the statute, a casual shoving incident
would not qualify.
MS. CARPENETI said the term "serious physical injury" is broadly
defined in Alaska statutes.
CHAIR SEEKINS asked Ms. Carpeneti her experience of how the
courts have interpreted physical injury.
MS. CARPENETI said very broadly.
CHAIR SEEKINS asked whether a person who slapped another person
on school grounds could go to jail for 60 days.
MS. CARPENETI responded under HB 41, yes.
9:57:07 AM
SENATOR HUGGINS asked whether a student over 18 years of age
would be subject to the penalties under the bill.
MS. CARPENETI said as the bill is currently drafted, yes.
CHAIR SEEKINS agreed with Senator French that people who
interfere with policeman, paramedics, and firefighters doing
their jobs are also interfering with a bigger mission and they
should be penalized more strictly.
9:58:38 AM
REPRESENTATIVE LYNN retorted that he is a retired schoolteacher
but has also been a policeman.
Roll call proved Amendment 2 failed 2-2 with Senators French and
Guess voting yea and Senator Huggins and Chair Seekins voting
nay.
CHAIR SEEKINS asked committee members whether the intent was to
remove incidents that have nothing to do with school activities.
10:00:22 AM
SENATOR GUESS asked for a definition of school activity.
CHAIR SEEKINS speculated the intent was to cover school
employees while on the way to and from the school grounds and
while on the school grounds.
SENATOR GUESS read the definition of school grounds as listed in
statute as "a building, structure, athletic playing field,
playground, parking area or land contained within the real
property boundary line of a public or private preschool,
elementary school, or secondary school."
10:02:23 AM
CHAIR SEEKINS assumed it was anything that was school property.
He said conceptually speaking someone could work with the
drafter and eliminate activities that might take place that have
no connection to a school activity.
SENATOR GUESS asked whether the idea was protection for when
students were around.
CHAIR SEEKINS said it could be a parent-teacher association
(PTA) meeting also.
REPRESENTATIVE LYNN said they are now known as PTSA or parent,
teacher, student association and generally students are at those
meetings.
10:04:00 AM
SENATOR FRENCH said the thrust is to impose special penalties
for assaults taking place on school grounds. What the committee
hasn't flushed out is when that happens. A fight that occurs
between two adults in the middle of the night should not be
considered under the bill. He suggested there be some limiting
factor to say the assault would have to take place during normal
business hours or during a school sponsored function.
CHAIR SEEKINS proposed a conceptual amendment to encompass the
discussion and exclude an assault that is not connected with a
school activity.
SENATOR HUGGINS moved Amendment 3. Exclude assaults not
connected with school activities. Hearing no objections,
Amendment 3 was adopted.
10:05:29 AM
CHAIR SEEKINS advised Representative Lynn that the committee
liked the bill. He suggested that staff clean it up and return
the following scheduled hearing.
10:08:01 AM
JOHN ALCANTRA, government relations, NEA Alaska testified in
support of the bill. Formerly he ran the 911-dispatch center for
the Kenai Peninsula Borough and said that first responders are
advised of much information before reaching the scene of
incident. Schoolteachers do not have that advantage, he noted.
10:10:43 AM
CHAIR SEEKINS closed public testimony and held HB 41 in
committee.
CHAIR SEEKINS announced a brief recess at 10:11:13 AM.
HB 107-HUNTING/FISHING INTERFERENCE
10:11:48 AM
CHAIR RALPH SEEKINS announced CSHB 107(FIN) to be up for
consideration.
JIM POUND, Legislative Aide to Representative Jay Ramras,
introduced the bill for the sponsor. He informed the committee
they would be hearing SCS CSHB 107(RES). Currently a person who
purposefully interrupts another person from hunting, fishing,
trapping, or viewing wildlife in Alaska can be charged with a
crime but the courts are not permitted to grant damages for the
actual attorney fees. The bill would correct that error and
would send a message to those who attempt to prevent people from
earning a living off of the wilderness of Alaska.
MR. POUND urged the committee to support the bill and offered to
answer questions.
10:13:29 AM
SENATOR GRETCHEN GUESS asked Mr. Pound for some examples in
relation to page 2, lines 4-5.
MR. POUND informed the committee that it is existing language in
the statutes.
CHAIR SEEKINS stated AS 11.81.900(a)(1) defines intention. He
read from the statute.
(1) a person acts "intentionally" with respect to a result
described by a provision of law defining an offense
when the person's conscious objective is to cause that
result; when intentionally causing a particular result
is an element of an offense, that intent need not be
the person's only objective;
He said this refers to a person intentionally, not accidentally
doing the act.
SENATOR GUESS posed the situation of combat fishing. She asked
whether it was the intent of the bill to charge someone with a
crime if they step in front of a person in order to catch a
fish.
MR. POUND said no. The intent is to prevent people from
intentionally interrupting the viewing opportunity of a
photographer or the hunting opportunity of a hunter.
10:16:22 AM
CHAIR SEEKINS noted some examples of the intent would be a
person stealing traps or destroying a viewing platform.
SENATOR CHARLIE HUGGINS said he has heard of organized groups of
people with loud speakers and bells interrupting others from
lawfully viewing or hunting wildlife. He asked Mr. Pound whether
that often occurs in Alaska.
MR. POUND could not cite a case of that happening.
SENATOR HUGGINS opined about anti-war demonstrations in
cemeteries.
10:18:27 AM
CHAIR SEEKINS mentioned that trappers who place their traps
closer to urban areas frequently find their traps rendered
ineffective by others. Under HB 107 it would be a violation of
law, he stated.
MR. POUND corrected him and said that was already against the
law. HB 107 adds language to current statute for recouping full
attorney fees and reasonable associated costs.
10:19:14 AM
SENATOR FRENCH asked whether there were other instances in
Alaska law that allow for full recovery of attorney fees.
MR. POUND said eminent domain allows for full recovery of
reasonable fees.
SENATOR FRENCH countered in the normal course of law it would be
an exception.
MR. POUND agreed.
SENATOR FRENCH asked Mr. Pound whether he was concerned about
encouraging people to sue one another over incidental
disturbances of wildlife.
MR. POUND said the issues would grow as the state experiences
population growth. The bill is an opportunity to nip the
behavior in the bud.
10:20:45 AM
CHAIR SEEKINS clarified the bill addresses specific intentional
acts and does not refer to the incidental.
SENATOR FRENCH asked whether one combat fisherman who stepped in
front of another fisherman to land a salmon on the Russian River
would be intentionally interfering with that other fisherman.
MR. POUND said he did not believe that the bill would be taken
to that extreme.
SENATOR FRENCH begged to differ.
10:22:25 AM
SENATOR FRENCH said there are instances that are trivial and
should never go forward as lawsuits but they do. Combat
fisherman do purposefully and intentionally step in front of
others to land their fish. He expressed concern that the
allowance of full attorney fees and reasonable costs would
encourage people to file trivial lawsuits.
MR. POUND advised the committee of a case in Fairbanks where a
superior court judge awarded Eugene Johnson punitive damages on
his claim that another individual broke state law by freeing an
injured wolf in a trap line. The decision awarded Mr. Johnson
close to $200,000.
10:24:15 AM
CHAIR SEEKINS said he was familiar with the case. A member of
Friends of Animals clipped off a snare and allowed the wolf to
escape. It was a deliberate intervention in a legal activity.
SENATOR GUESS observed that Alaskans take combat fishing to
another level. She added that a commercial fisherman moving a
boat into another fisherman's area could initiate a lawsuit as
well. She wondered whether the bill would open up that type of
situation.
MR. POUND responded the bill is referring to language already in
existing statute. There is not a trend of that happening in
commercial or sport fishing. HB 107 intends to change court rule
and allow the judge to give full restitution when the case comes
to civil court.
10:25:58 AM
SENATOR GUESS countered page 2 line 4 does not speak about the
court. It adds a paragraph relating to the intentional act.
MR. POUND said he would interpret "physically interfering" as a
person actually doing something physical. He speculated that a
fisherman cutting off another fishing boat would not qualify
under a definition of "physical."
SENATOR GUESS asked to get a clarification from legal.
SENATOR HUGGINS expressed support for the bill.
10:28:33 AM
MR. POUND noted the definition of "physical" is "pertaining to
the body as distinguished from the mind" according to
Ballentines Dictionary.
SENATOR FRENCH said the committee understands that HB 107 is a
good idea but Senator Guess brings up a good point. He expressed
interest in hearing an opinion from the United Fisherman of
Alaska and from the legislative legal department before the bill
leaves committee.
10:31:20 AM
CHAIR SEEKINS also expressed an interest in hearing an opinion
from the legislative legal department.
SENATOR GUESS spoke for the record that she supports the bill.
She maintained that she had concerns over some of the wording.
CHAIR SEEKINS held HB 107 in committee.
There being no further business to come before the committee,
Chair Seekins adjourned the meeting at 10:33:38 AM.
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