04/16/2014 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SJR23 | |
| SCR2 | |
| SB170 | |
| SB173 | |
| HB45 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | SCR 2 | TELECONFERENCED | |
| += | SB 173 | TELECONFERENCED | |
| += | SB 170 | TELECONFERENCED | |
| + | SJR 23 | TELECONFERENCED | |
| + | HB 45 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
April 16, 2014
1:11 p.m.
MEMBERS PRESENT
Representative Wes Keller, Chair
Representative Bob Lynn, Vice Chair
Representative Gabrielle LeDoux
Representative Max Gruenberg
Representative Neal Foster
MEMBERS ABSENT
Representative Lance Pruitt
Representative Charisse Millett
COMMITTEE CALENDAR
SENATE JOINT RESOLUTION NO. 23
Proposing an amendment to the Constitution of the State of
Alaska relating to contracting state debt for postsecondary
student loans.
- MOVED OUT OF COMMITTEE
CS FOR SENATE CONCURRENT RESOLUTION NO. 2(JUD)
Urging the United States Congress to act on the request of the
governor to acquire for the state additional land in the Tongass
National Forest from the United States government by purchase or
negotiation or by seeking amendment to the Alaska Statehood Act.
- MOVED OUT OF COMMITTEE
SENATE BILL NO. 170
"An Act relating to a defense to the crime of prostitution for
victims of sex trafficking."
- MOVED OUT OF COMMITTEE
CS FOR SENATE BILL NO. 173(JUD)
"An Act relating to a prohibition on the possession, offer,
display, marketing, advertising for sale, or sale of illicit
synthetic drugs."
- MOVED HCS CSSB 173(JUD) OUT OF COMMITTEE
HOUSE BILL NO. 45
"An Act relating to harassment, intimidation, or bullying by
students attending a public school in the state."
- MOVED OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SJR 23
SHORT TITLE: CONST. AM: STUDENT LOAN DEBT
SPONSOR(s): SENATOR(s) FAIRCLOUGH
02/14/14 (S) READ THE FIRST TIME - REFERRALS
02/14/14 (S) STA, EDC
03/06/14 (S) STA AT 9:00 AM BUTROVICH 205
03/06/14 (S) Moved SJR 23 Out of Committee
03/06/14 (S) MINUTE(STA)
03/07/14 (S) STA RPT 2DP 2NR
03/07/14 (S) DP: COGHILL, GIESSEL
03/07/14 (S) NR: DYSON, WIELECHOWSKI
03/07/14 (S) FIN REFERRAL ADDED AFTER EDC
03/10/14 (S) EDC AT 8:00 AM BELTZ 105 (TSBldg)
03/10/14 (S) Heard & Held
03/10/14 (S) MINUTE(EDC)
03/17/14 (S) EDC RPT 3DP 1DNP
03/17/14 (S) DP: STEVENS, HUGGINS, DUNLEAVY
03/17/14 (S) DNP: STEDMAN
03/17/14 (S) EDC AT 8:00 AM BELTZ 105 (TSBldg)
03/17/14 (S) Moved SJR 23 Out of Committee
03/17/14 (S) MINUTE(EDC)
03/31/14 (S) FIN RPT 5DP 1NR
03/31/14 (S) DP: KELLY, MEYER, BISHOP, DUNLEAVY,
HOFFMAN
03/31/14 (S) NR: OLSON
03/31/14 (S) FIN AT 9:00 AM SENATE FINANCE 532
03/31/14 (S) Moved SJR 23 Out of Committee
03/31/14 (S) MINUTE(FIN)
04/11/14 (S) TRANSMITTED TO (H)
04/11/14 (S) VERSION: SJR 23
04/13/14 (H) READ THE FIRST TIME - REFERRALS
04/13/14 (H) JUD, FIN
04/16/14 (H) JUD AT 1:00 PM CAPITOL 120
BILL: SCR 2
SHORT TITLE: ACQUIRE TONGASS NATIONAL FOREST LAND
SPONSOR(s): SENATOR(s) STEDMAN
03/28/13 (S) READ THE FIRST TIME - REFERRALS
03/28/13 (S) JUD
04/05/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
04/05/13 (S) Heard & Held
04/05/13 (S) MINUTE(JUD)
02/17/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/17/14 (S) Heard & Held
02/17/14 (S) MINUTE(JUD)
02/19/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/19/14 (S) Scheduled But Not Heard
03/07/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/07/14 (S) Moved CSSCR 2(JUD) Out of Committee
03/07/14 (S) MINUTE(JUD)
03/10/14 (S) JUD RPT CS 2DP 1NR NEW TITLE
03/10/14 (S) DP: COGHILL, DYSON
03/10/14 (S) NR: OLSON
03/26/14 (S) TRANSMITTED TO (H)
03/26/14 (S) VERSION: CSSCR 2(JUD)
03/27/14 (H) READ THE FIRST TIME - REFERRALS
03/27/14 (H) JUD
04/11/14 (H) JUD AT 1:00 PM CAPITOL 120
04/11/14 (H) <Bill Hearing Canceled>
04/14/14 (H) JUD AT 1:00 PM CAPITOL 120
04/14/14 (H) Scheduled But Not Heard
04/16/14 (H) JUD AT 1:00 PM CAPITOL 120
BILL: SB 170
SHORT TITLE: AFFIRMATIVE DEFENSE TO PROSTITUTION
SPONSOR(s): SENATOR(s) GARDNER
02/12/14 (S) READ THE FIRST TIME - REFERRALS
02/12/14 (S) JUD
03/14/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/14/14 (S) -- MEETING CANCELED --
03/17/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/17/14 (S) Heard & Held
03/17/14 (S) MINUTE(JUD)
03/21/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/21/14 (S) Moved SB 170 Out of Committee
03/21/14 (S) MINUTE(JUD)
03/24/14 (S) JUD RPT 4DP
03/24/14 (S) DP: COGHILL, WIELECHOWSKI, MCGUIRE,
DYSON
03/28/14 (S) TRANSMITTED TO (H)
03/28/14 (S) VERSION: SB 170
03/31/14 (H) READ THE FIRST TIME - REFERRALS
03/31/14 (H) JUD
04/09/14 (H) JUD AT 1:00 PM CAPITOL 120
04/09/14 (H) Scheduled But Not Heard
04/14/14 (H) JUD AT 1:00 PM CAPITOL 120
04/14/14 (H) Heard & Held
04/14/14 (H) MINUTE(JUD)
04/16/14 (H) JUD AT 1:00 PM CAPITOL 120
BILL: SB 173
SHORT TITLE: SYNTHETIC DRUGS
SPONSOR(s): SENATOR(s) MEYER
02/14/14 (S) READ THE FIRST TIME - REFERRALS
02/14/14 (S) JUD
03/05/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/05/14 (S) Heard & Held
03/05/14 (S) MINUTE(JUD)
03/12/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/12/14 (S) Moved CSSB 173(JUD) Out of Committee
03/12/14 (S) MINUTE(JUD)
03/14/14 (S) JUD RPT CS 3DP 1NR 1AM NEW TITLE
03/14/14 (S) DP: COGHILL, MCGUIRE, DYSON
03/14/14 (S) NR: OLSON
03/14/14 (S) AM: WIELECHOWSKI
03/14/14 (S) FIN REFERRAL ADDED AFTER JUD
03/18/14 (S) FIN REFERRAL REMOVED
03/28/14 (S) TRANSMITTED TO (H)
03/28/14 (S) VERSION: CSSB 173(JUD)
03/31/14 (H) READ THE FIRST TIME - REFERRALS
03/31/14 (H) JUD, FIN
04/10/14 (H) FIN AT 8:30 AM HOUSE FINANCE 519
04/10/14 (H) <Pending Referral>
04/11/14 (H) JUD AT 1:00 PM CAPITOL 120
04/11/14 (H) Heard & Held
04/11/14 (H) MINUTE(JUD)
04/14/14 (H) JUD AT 1:00 PM CAPITOL 120
04/14/14 (H) Heard & Held
04/14/14 (H) MINUTE(JUD)
04/16/14 (H) JUD AT 1:00 PM CAPITOL 120
BILL: HB 45
SHORT TITLE: ELECTRONIC BULLYING IN SCHOOLS
SPONSOR(s): REPRESENTATIVE(s) COSTELLO, GATTIS, HUGHES,
JOSEPHSON
01/16/13 (H) PREFILE RELEASED 1/7/13
01/16/13 (H) READ THE FIRST TIME - REFERRALS
01/16/13 (H) EDC, JUD
03/21/14 (H) EDC AT 8:00 AM CAPITOL 106
03/21/14 (H) Heard & Held
03/21/14 (H) MINUTE(EDC)
03/31/14 (H) EDC RPT 5DP 1NR
03/31/14 (H) DP: P.WILSON, SEATON, DRUMMOND,
SADDLER, GATTIS
03/31/14 (H) NR: LEDOUX
03/31/14 (H) EDC AT 8:00 AM CAPITOL 106
03/31/14 (H) Moved Out of Committee
03/31/14 (H) MINUTE(EDC)
04/16/14 (H) JUD AT 1:00 PM CAPITOL 120
WITNESS REGISTER
SENATOR ANNA FAIRCLOUGH
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented SJR 23 as sponsor.
SENATOR BERT STEDMAN
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented SCR 2 as sponsor.
DICK COOSE
Ketchikan, Alaska
POSITION STATEMENT: Testified in favor of SCR 2.
DAVID BEEBE
Kupreanof, Alaska
POSITION STATEMENT: Testified against SCR 2.
JAMES SULLIVAN
Southeast Alaska Conservation Council (SEACC)
Juneau, Alaska
POSITION STATEMENT: Testified against SCR 2.
SENATOR BERTA GARDNER
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented SB 170 as sponsor.
STEVE HANDY, Staff
to Senator Berta Gardner
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented SB 170 on behalf of Senator
Gardner.
SCOTT DATTAN
Defense Attorney
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 170.
WALLY TETLOW, Partner
Tetlow Christie, LLC
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 170.
EDRA MORLEDGE, Staff
to Senator Kevin Meyer
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented SB 173 on behalf of Senator Meyer.
SARAH PAGE, Staff
to Representative Mia Costello
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 45 on behalf of Representative
Costello.
RON FUHRER, President
National Education Association (NEA), Alaska
Juneau, Alaska
POSITION STATEMENT: Testified in favor of HB 45.
ACTION NARRATIVE
1:11:35 PM
CHAIR WES KELLER called the House Judiciary Standing Committee
meeting to order at 1:11 p.m. Representatives Foster, Lynn,
Gruenberg and Keller were present at the call to order.
Representative LeDoux arrived as the meeting was in progress.
SJR 23-CONST. AM: STUDENT LOAN DEBT
1:11:45 PM
CHAIR KELLER announced that the first order of business would be
SENATE JOINT RESOLUTION NO. 23, Proposing an amendment to the
Constitution of the State of Alaska relating to contracting
state debt for postsecondary student loans.
REPRESENTATIVE LYNN moved to adopt SJR 23, labeled 28-LS1394\U,
as the working document.
1:12:13 PM
SENATOR ANNA FAIRCLOUGH, Alaska State Legislature, said SJR 23
is an opportunity to reduce student loan debt for Alaska
students who choose to borrow money. "Our forefathers could
never have thought about the student loan debt that this nation
currently carries or an individual student carries in their
effort to seek a life in the professional sector," she stated.
The Alaska Student Loan Corporation (ASLC), under this bill,
would have the power to issue debt with the full faith and
credit of the State of Alaska, she explained, and then the state
could offer a lower interest rate to students.
1:13:04 PM
REPRESENTATIVE LYNN asked what the interest rate is.
SENATOR FAIRCLOUGH said the ASLC currently offers a 7.3 rate,
and by using the full faith in credit, she expects it would drop
at least one percent. She noted that she has another bill in
the House Finance Standing Committee that would help streamline
the ASLC and how student loans are provided in Alaska.
CHAIR KELLER closed public testimony.
1:14:00 PM
REPRESENTATIVE GRUENBERG said he has had various pieces of
legislation over the years, and the last one was HJR 31, "which
simply removes all limiting language from that section, so it
would no longer be limited to capital improvements or housing
loans for veterans." He said he is glad "we're moving in this
direction, because this is one of a very few provisions in the
[Alaska] Constitution; this one sentence now will have been
amended twice, mainly because different subjects come up for
loans than they had in the mid-1950s." He surmised that at some
point there will be a desire to have loans floated that will
allow entering into some business deals-it may not be capital
construction but maybe things that just technically do not fit
under "one of these things." He said that he wants future
legislatures to be able to run this state with the most
flexibility possible and to let them decide if they need to use
this as a method. He referred to a recent article by former
Governor Frank Murkowski urging that the Alaska Permanent Fund
be used for "this," and Representative Gruenberg said he does
not want to have to use the permanent fund.
1:16:24 PM
REPRESENTATIVE LYNN moved to report SJR 23 out of committee with
individual recommendations and the accompanying fiscal notes.
Seeing no objection, SJR 23 passed out of the House Judiciary
Standing Committee.
REPRESENTATIVE GRUENBERG said he had Legislative Legal and
Research Services write a paper on the very few sections of the
Alaska Constitution that have been amended more than once.
There are only two others, he explained, and one deals with the
terms of legislators and the other deals with the number of
judges. "Nothing at all like this," he added.
1:17:25 PM
SCR 2-ACQUIRE TONGASS NATIONAL FOREST LAND
1:17:39 PM
CHAIR KELLER announced that the next order of business would be
CS FOR SENATE CONCURRENT RESOLUTION NO. 2(JUD), Urging the
governor to acquire land in the Tongass National Forest from the
United States government by purchase or negotiation or by
seeking amendment to the Alaska Statehood Act.
1:19:25 PM
SENATOR BERT STEDMAN, Alaska State Legislature, said the
resolution deals with the Tongass National Forest and indicated
that the Tongass National Forest was created in 1907. At the
end of WWII, Japan needed a timber supply and looked to
Southeast Alaska for that, and that helped create pulp mills in
Sitka and Ketchikan. Both had sawmills as well, he said. Based
on the economics at that time, the desire was to create year-
round jobs in Southeast Alaska on federal forest lands. He said
that the political climate has changed since, and the 50-year
logging contracts were shortened to account for that. Today,
the pulp mills are being closed and removed and both sawmills
are gone, he explained. He noted a medium-sized sawmill on
Prince of Wales Island, and said the timber industry is unlike
it was 30 years ago. If Anchorage lost its airport, it would be
of similar impact to the economy, he stated.
1:21:33 PM
SENATOR STEDMAN said what he is trying to do now is to stabilize
the economy in Southeast Alaska; the population "has been
paralyzed for quite some time while the growth is in Anchorage
and Mat-Su." A few years ago it was forecasted that the region
would lose up to 20 to 30 percent of its population, and that
has not happened because of the hard work of many. "But we
could do better," he said. In trying to ensure timber for the
remaining saw mill and the other operators and to have more
local and state control, Alaska needs to select some lands out
of the Tongass National Forest, he opined. If Alaska cannot get
the land through the Statehood Act, SCR 2 encourages the
governor to discuss purchasing the land, out right, from the
federal government. He said, "Do whatever we can to get more
land into the State of Alaska's hands...and other private
individual's hands," including Alaska Native corporations. The
less federal land there is in Alaska, the better off the state
is, because Alaska is a resource extraction state and is
different from the East Coast, he explained. He said it is
difficult to keep year-round jobs when the economic strings are
pulled out of Washington D.C. instead of locally. He added that
it is important to support the governor in his endeavors to push
back against the federal government and to try to get some
private land and state land out of the Tongass.
1:24:02 PM
CHAIR KELLER said he is on a citizen's advisory commission that
had a summit last summer on federal overreach. The testimony
was that the U.S. Forest Service has gone from a philosophy of
"working forests" to preservation.
DICK COOSE, Ketchikan, said he is retired from the Forest
Service but is speaking for himself. He worked as a land
manager on the Tongass National Forest for 14 years, he noted.
He said he supports SCR 2, because the federal government no
longer has the desire or the capability to manage federal lands
for the health of the lands and the benefit of the local people.
He said he sees little hope that the federal government will
change its attitude, but the state has a proven record of good
forest management, and the Statehood Act's limit of 400,000
acres was OK when there were two pulp mills, but today that
limitation is not necessary. The mills were driven out by "the
feds," he opined, and the state would be the best manager.
Alaska needs to take ownership of the entire national forest or
it should select 5 million acres, he added.
1:26:18 PM
DAVID BEEBE, representing the City of Kupreanof, said SCR 2 is
at odds with Article VIII, Section 4, of the Alaska
Constitution, which mandates managing fish, forests, and
wildlife under sustained yield principles. He said sustained
yield requires that ecosystems function without significant
impairment, and the state has long known that impairing forests
in Southeast Alaska precludes the sustainable yield of Sitka
black-tailed deer. He told the committee that a major symposium
in Juneau in 1978 documented the concern for future deer
populations from clearcut logging, and in 1993 the Alaska Board
of Game passed a resolution unanimously recommending the
protection of high-volume old growth forests because the Alaska
Constitution mandates wildlife resources to be managed on a
sustained-yield basis for all of the people of Alaska.
Emergency closures and significant restrictions on deer hunting
presently exist in a 20-mile radius around the City of
Kupreanof, he stated, and it is not a new problem.
1:27:54 PM
MR. BEEBE said Mitkof Island first suffered severe restrictions
to its deer populations in the early 1970s, and the deer numbers
are not recovering 40 years later. He explained that the
structure and function of the habitat, according to the best
available science, will not be restored for two centuries or
more. If SCR 2 passes and its ultimate ends are achieved,
Alaska can expect a much larger rural subsistence predicament to
occur across more of Southeast Alaska. He noted that Gordon
Harrison, the author of the Alaska Constitution Citizen's Guide,
said that Alaska's delegate to Congress, Bob Bartlett, wanted to
defend against "freewheeling disposals of public resources and
colonial style exploitation," and that is precisely the central
premise of SCR 2. The constitution establishes the obligation
of the government, including the legislature, to assure
sustained yield management, and he urged the committee to uphold
the oath the members took to defend the constitution by voting
no on SCR 2.
1:29:28 PM
JAMES SULLIVAN, Southeast Alaska Conservation Council (SEACC),
said that SEACC also opposes SCR 2. The resolution proposes a
return to a "timber-first" forest policy on the Tongass National
Forest, and it attacks the Forest Service's attempt to create an
integrated forest plan that takes into account the numerous
aspects and uses of the forest, he stated. The resolution
ignores the needs and desires of the local communities in order
to cater to a single industry. Federal law requires multi-use
and sustained yield of all renewable forest resources, he
stated, but state forests are managed primarily for timber,
which is in direct conflict with the Alaska Constitution.
1:30:47 PM
MR. SULLIVAN said that Southeast Alaska has adapted to a new
Tongass. He noted that the sponsor of SCR 2 spoke of decisions
made after WWII, but that is a step back in time and in the
wrong direction, he opined. Communities have transitioned to a
new economy and are improving wages and the quality of life. He
said the Southeast Conference Annual Report states:
It is a good time to live and work in Southeast
Alaska. The economy of Southeast Alaska is in an
expansion phase and has been since 2008. Between 2010
and 2012, the economic growth of the region has
intensified. Nearly every single economic indicator
for the region is up and continues to rise.
MR. SULLIVAN said the report also states that the region has
more workers than ever, along with the highest total payroll,
even when adjusted for inflation. He added that Southeast
Alaska has gone through a difficult transition with the loss of
the two pulp mills, but the region is diversifying and turning
into a more vibrant economy. He asked that the committee let
the Tongass National Forest transition the way it is.
1:32:49 PM
MR. SULLIVAN said the sponsor of SCR 2 has previously stated
that the resolution is designed to open up a discussion about
the Tongass, but any discussion about land use should
acknowledge it as a "salmon forest" and incorporate tourism,
fishing, subsistence use, and energy along with timber. All are
important to Southeast Alaskans, he said, and all are being
ignored in the resolution. He said he does not want to kill the
timber industry, but he wants an industry that will not destroy
all the other industries. He also encouraged the governor and
legislators to establish mechanisms for developing government-
to-government processes with the tribes in Southeast Alaska
regarding resource use.
REPRESENTATIVE LYNN asked how many jobs have been lost due to
the "basic shut down of the forestry industry" and how much
revenue has been lost due to restrictions on logging.
1:34:24 PM
MR. SULLIVAN said there were over 500 jobs lost [when the pulp
mills shut down] in the early 1990s. Currently, Southeast
Alaska has the most job growth ever, he added. Timber is a much
smaller part of that industry in the region, he said, and even
though the large pulp mills are gone and there is a diminished
number of logs being exported, there are well over a dozen small
working mills within the communities. "We would encourage this
legislature to find ways of enhancing and finding ways to help
those small mills that live in the community and are creating
jobs in the community and putting food on the plates of their
families." For the most part, the small mills have access to
enough timber, but, he suggested, the legislature could help
them diversify.
1:35:30 PM
REPRESENTATIVE LYNN asked how much revenue has been lost to
Alaska from what some would call a shutdown of logging.
MR. SULLIVAN said there is no shutdown; over 150 million board
feet of timber was taken out of Southeast Alaska last year.
CHAIR KELLER noted that the Department of Fish and Game has
primary management of wildlife. He asked if the state will be
incapable [of management]. He then said that DNR (Alaska
Department of Natural Resources) is fully capable of handling
management under the state.
MR. SULLIVAN said the danger is not who is managing Alaska's
wildlife. The danger is what decision are made for Alaska's
habitat, he clarified. He said wildlife managers will be forced
to make decisions that they do not want to make, and the
Endangered Species Act may come into play that could actually
affect the small communities.
1:37:04 PM
REPRESENTATIVE GRUENBERG said he has not intimately lived with
this issue, but there seems to be a mixing of two topics, and
the mixing is having an effect on the tenor of this discussion.
The first issue is whether Alaska is entitled to get the
remainder of its promised acreage and whether it should come
from the Tongass National Forest, and a different issue, he
said, is what the state would use the land for. It may not be
the time to discuss that until the state takes ownership.
1:38:39 PM
CHAIR KELLER said he is absolutely right, and he would rather
not make that a dialogue between "you and the testifier,"
because there is a lot of talk about the revised TLMP [Tongass
Land Management Plan].
REPRESENTATIVE GRUENBERG asked if this is the time to discuss if
Alaska should be entitled to proceed with its selections.
CHAIR KELLER surmised that the question posed by the bill is to
support the governor's attempt to negotiate for land settlement
that includes the Tongass National Forest in order to increase
logging in Southeast Alaska.
1:39:59 PM
MR. SULLIVAN said regardless of who is actually managing the
land, it would be SEACC's hope that the acres are managed for
the multiple uses of the forest.
SENATOR STEDMAN said the intent of a land selection in the
Tongass would be to increase the timber supply, but there is a
lot of recreational needs. He said there are state forests in
the Tongass, and the intent is not to get land from the federal
government and clearcut it all, but to get it into the control
of the state so it can control its own destiny. The state has
been a very good steward of game: "Where I live in Sitka, I can
shoot six deer; my wife can shoot six; my daughter can shoot
six." He said his only limit is on how much he can eat.
1:41:36 PM
CHAIR KELLER asked about the Alexander Archipelago wolf, which
is having a status review. It would be speculation on the
impact on whether it is federal or state land, he said.
SENATOR STEDMAN said there is the wolf, the spotted owl, and a
multitude of issues with land and aquatic animals that a person
could point to as an excuse to maintain federal control. There
are no wolves on Baranof Island, he stated, but there are brown
bears, so he is not as familiar with [the wolf]. "If it wasn't
for the wolf, it would be just another creature," he explained,
and the basic argument is over development.
CHAIR KELLER closed public discussion.
1:42:57 PM
REPRESENTATIVE LYNN moved to report CSSCR 2(JUD) out of
committee with individual recommendations and the accompanying
fiscal notes.
CHAIR KELLER objected.
REPRESENTATIVE GRUENBERG said he would like to see what can be
done, with good management, to help the economy here. We are
all Alaskans, he said, and it is time that the legislature did
something to help this part of the state-and other parts.
CHAIR KELLER removed his objection. Seeing no others, CSSCR
2(JUD) moved out of the House Judiciary Standing Committee.
SB 170-AFFIRMATIVE DEFENSE TO PROSTITUTION
1:44:29 PM
CHAIR KELLER announced that the next order of business would be
SENATE BILL NO. 170, "An Act relating to a defense to the crime
of prostitution for victims of sex trafficking."
SENATOR BERTA GARDNER, Alaska State Legislature, said the
discussion on SB 170 at the last hearing was not thorough,
because the committee was rushed. Currently, 23 states, and
others in progress, offer an affirmative defense against
prostitution charges [for victims of sex trafficking]. When she
spoke with law enforcement, including the FBI [Federal Bureau of
Investigation] and police officers, she found them to be very
enthusiastic about this tool for going after traffickers. Those
who are opposed are opposed because the legislation does not go
far enough, she said. There are some people who want to
decriminalize prostitution and vacate previous convictions, she
noted, and there are others who want to vacate convictions of
trafficking victims and offer immunity for other offenses
(sometimes the victims are forced to sell or use drugs, for
example). She stated that all of those proposals are worthy,
but SB 170 "is not going there." The heart of the bill is to
not re-victimize sex traffic victims by prosecuting them for
prostitution, and the other is to help law enforcement go after
the traffickers, she said.
1:46:51 PM
CHAIR KELLER noted that there were two private defense attorneys
and a public defender on line.
STEVE HANDY, Staff to Senator Berta Gardner, Alaska State
Legislature, noted that the main concern voiced at the last
hearing was how the affirmative defense would hurt the victim by
subjected him or her to intense scrutiny from the prosecution.
He explained that the affirmative defense "is just that; it ends
right there." The defense must be declared pretrial, and in the
trial it is given to the jury, he stated. If the jury believes
by a preponderance of the evidence (the lowest form of evidence)
that the victim was induced or caused to engage in the act, then
the victim is excused at that point. There is no obligation for
prosecution or negotiation-"that is it."
CHAIR KELLER opened public testimony.
1:48:47 PM
SCOTT DATTAN, Defense Attorney, said he does a lot of federal
criminal defense work and some state defense work. After
discussing the bill with Mr. Handy, he concluded that the
legislation was an appropriate thing to do. The affirmative
defense should be offered to young women who are pressed into
this type of occupation and into illegal conduct, he opined. He
said he sees no negative aspect to a defendant, who can choose
not to offer the defense. It would, however, be statutorily
available if a defendant and her attorney chose to avail
themselves of it.
1:50:59 PM
WALLY TETLOW, Partner, Tetlow Christie, LLC, said he has
practiced criminal defense in Alaska state courts for over 20
years. He opined that SB 170 is important, and it provides an
opportunity for an individual charged with prostitution to prove
to a jury that he or she was induced to do so by sex
traffickers. He stated that the bill does not provide a free
pass to engage in prostitution, but it provides an affirmative
defense. Regarding the concern of the bill causing victims to
make themselves targets of law enforcement and be charged for
prostitution, "in actuality, the affirmative defense will not do
that-it will have the opposite effect." With law enforcement's
support of SB 170, "the last thing that the Department of Law or
law enforcement would want" is for the victims to come forward
to reveal information about sex traffickers and then law
enforcement turns around and punishes those individuals by
charging them with offenses. "I don't see that occurring," he
stated.
1:53:15 PM
MR. TETLOW continued:
The way the affirmative defense works in the real
world is that at trial the defense must produce some
evidence in support of the defense in order to even
have the jury decide whether the defense applies. So,
the first thing that happens in court is that the
defense is required to put on some evidence to justify
the jury instruction that would go to the jury and
allow the jury to consider the issue. If there is no
evidence offered in support of the affirmative
defense, the jury never gets the issue, he explained,
so that is the first hurdle. The second hurdle is
that the jury decides, by a preponderance of the
evidence, whether or not the defense applies, and it
is the defendant's burden to prove the defense, but
the jury's decision. Ultimately the affirmative
defense not only plays out at trial, but, in many
cases, it will play out before trial, thereby
lessening the anxiety and pressure and stress on the
victim of sex trafficking.
1:54:37 PM
MR. TETLOW noted that normally in criminal cases, long before a
case goes to trial, there is a negotiation phase, and, at that
time, defense attorneys offer information to the prosecutor in
an effort to dismiss charges. Such negotiations are often
successful in weeding out cases that should not go to trial, he
explained. The hope would be, he said, that in most cases with
prostitutes who are victims of sex traffickers, the prosecution
will get that information and determine that it is valid and
elect to dismiss the charges.
1:55:07 PM
MR. TETLOW said he was told there were concerns of adding stress
to the victims if they have to testify against the traffickers
and be subject to cross-examination. Simply by offering
evidence at trial or in the negotiation phase, the victims do
not automatically make themselves a witness against the
traffickers. He said victims can elect not to cooperate, and
they may not always be the best witnesses for the prosecutors or
investigators. Law enforcement will want to amass more evidence
than just the victims' statements, but their information may
allow law enforcement to pursue other avenues of evidence that
they might not have been otherwise aware of.
CHAIR KELLER asked if a victim chooses not to become a witness,
will the affirmative defense still be available.
1:58:12 PM
MR. TETLOW said that in the victim's prostitution trial there
are a number of ways for the victim to present the affirmative
defense. One way, he said, is for the victim to testify on his
or her own behalf, but it is not required. There are other ways
of establishing the affirmative defense without having the
victim testify, he explained. However, he said, his previous
comments were more directed at the concern that not only would
the victim have to, perhaps, testify in his or her own trial,
but he or she would be the subject of a subpoena by prosecutors
to testify in other trials [of the traffickers].
2:00:25 PM
CHAIR KELLER closed public testimony.
REPRESENTATIVE FOSTER thanked the sponsor for the legislation,
and said that not only is it good for all victims across the
state, but it is good "particularly [for] Alaska Natives, who
come from rural areas and they end up in places where they have
little or no support group and are easily influenced."
REPRESENTATIVE LYNN concurred with Representative Foster, and he
moved to report SB 170 out of committee with individual
recommendations and the accompanying fiscal notes.
CHAIR KELLER noted no objection, and SB 170 moved out of the
House Judiciary Standing Committee.
2:01:36 PM
SB 173-SYNTHETIC DRUGS
2:02:03 PM
CHAIR KELLER announced that the next order of business would be
CS FOR SENATE BILL NO. 173(JUD), "An Act relating to a
prohibition on the possession, offer, display, marketing,
advertising for sale, or sale of illicit synthetic drugs."
REPRESENTATIVE LYNN moved HCS CSSB 173, labeled 28-LS1242\Y,
Strasbaugh, 4/15/14, as the working document. Hearing no
objection, Version Y was before the committee.
2:02:33 PM
EDRA MORLEDGE, Staff to Senator Kevin Meyer, Alaska State
Legislature, noted that there were suggested changes regarding
enforcement and penalties as well as a suggestion regarding
listing all the known names of the synthetic drugs. She said
she contacted the bill drafter, Kathleen Strasbaugh of
Legislative Legal and Research Services, who provided a memo to
the committee and gave her opinion that the enforcement and
penalty section of SB 173 does not need to be changed. If it
were changed to a civil penalty [instead of a violation], she
explained, it would be necessary for the department to file a
civil lawsuit in order to prosecute anyone.
2:03:55 PM
MS. MORLEDGE said she requested that all of the [synthetic drug
product] names be removed from bill, as the list will likely be
outdated soon. She reminded the committee that there were two
fiscal notes that were zeroed out from Public Defenders Agency
and the Office of Public Advocacy that would need to be adopted
with this version.
CHAIR KELLER said he is disappointed that the list of names will
not be in the law, but they are on the record.
2:04:46 PM
REPRESENTATIVE FOSTER said he supports the bill. The products
have made their way to rural Alaska, like Nome, he said, and
someone told him how her son was affected by "spice" and how it
wreaked havoc in his plans to move forward in his life. This
issue came up at a rural Native conference, and his region has
come out whole heartedly against these drugs, he declared.
CHAIR KELLER thanked Ms. Strasbaugh for her second memo, which
was well done. He closed public testimony.
2:06:05 PM
REPRESENTATIVE LYNN moved to report the HCS of CSSB 173 (JUD),
labeled 28LS-1242\Y, Strasbaugh, 4/15/14, out of committee with
individual recommendations and the accompanying fiscal notes.
There being no objections, HCS CSSB 173(JUD) moved out of the
House Judiciary Standing Committee.
2:06:43 PM
The committee took an at-ease from 2:06 p.m. to 2:08 p.m.
HB 45-ELECTRONIC BULLYING IN SCHOOLS
2:08:27 PM
CHAIR KELLER announced that the next order of business would be
HOUSE BILL NO. 45, "An Act relating to harassment, intimidation,
or bullying by students attending a public school in the state."
SARAH PAGE, Staff to Representative Mia Costello, Alaska State
Legislature, said HB 45 was proposed by a senior from Dimond
High School. Section 1 deletes "whether verbal or physical"
[from AS 14.33.220(b)], indicating that no matter the form of
delivery, [harassment, intimidation, or bullying] shall be
reported to school administrators by any witness. Section 2
inserts "electronic" into the definition of the type of
harassment, intimidation, or bullying, she said. Currently,
schools must have harassment policies, and HB 45 updates the
definition to say that electronic forms of communication are
also considered. The bill has no effect on the weight of
different actions or what disciplinary actions should be taken,
she clarified.
2:10:07 PM
CHAIR KELLER noted that Ms. Page was presenting Version U.
2:11:00 PM
RON FUHRER, President, National Education Association (NEA)
Alaska, said NEA Alaska represents 13,000 educational support
professionals and teachers, and it advocates for 130,000 public
school students. He noted that cyberbullying occurs in the
shadows and can be difficult to detect. Teachers are the first
line of defense in stopping it in schools, he said, and the
cyberbullying often carries over into classrooms. Only 1 in 10
victims will inform a parent or a trusted adult of the abuse, he
explained, and the consequences of cyberbullying are
significant, causing emotional and psychological distress. The
victims of bullying can experience fear, low self-esteem,
depression, and anxiety, and the cyberbullying victim will also
experience feeling overwhelmed, vulnerable, powerless, exposed,
humiliated, isolated, and even disinterested in life, he stated.
Victims are two to nine times more likely to consider suicide,
and according to PEW research, about one third of all teenagers
who have used the internet have been the target of
cyberbullying. He added that some research shows that nearly 43
percent of kids have been bullied online, and 70 percent of
students report seeing frequent bullying online. There needs to
be a community effort by teachers, parents, administrators, and
other students to send a clear message that cyberbullying will
not be tolerated. "HB 45 is a first step towards ensuring that
Alaskan students can attend school in a safe learning
environment, free from the threat of cyberbullying," he said.
2:13:47 PM
REPRESENTATIVE LYNN noted that any type of bullying is bad,
including, "the big kid on playground bullying the little kid,"
but it essentially stops quickly. Cyberbullying on Facebook is
there forever, he expressed, and that is what makes it so bad.
He said there are cameras on cellphones, and they can be taken
everywhere, including into restrooms. "If you try to get a job
10 years later, they find that on the internet," he said, so he
strongly supports HB 45. "This won't fix it but it will
certainly help," he stated.
2:14:59 PM
REPRESENTATIVE LEDOUX said she will not object to HB 45, but she
has some problems with all of the non-physical harassment
statutes. She said she remembers getting teased in school and
sometimes it was mean and awful, but her dad told her to
remember that "sticks and stones will break your bones but names
will never hurt you." The names did hurt, she said, "but we
can't let some of these statutes interfere with the First
Amendment right to freedom of speech," and it is not just this
bill, it is many. "People are just mean to each other;
sometimes people even hold other people's bills, which is a form
of bullying, but we live with it," she opined.
2:16:35 PM
MS. PAGE said the statute also addresses physical bullying.
REPRESENTATIVE LEDOUX said she sees that in [subparagraph] (A),
but not elsewhere. So verbal teasing, for example, might have
the effect of interfering with some students' education, if they
are very sensitive, but that is not necessarily physical
harassment, she said.
2:17:40 PM
MS. PAGE said she understands and appreciates her comments, "but
I do think that it doesn't need to be repeated in (B), (C), and
(D), because it is in the first definition, and (B), (C), and
(D) are just really clarifying the intensity of the bullying or
the teasing or what have you, if it's severe or persistent or
substantially interfering, so I don't think we need to repeat
'physical'."
2:18:16 PM
CHAIR KELLER asked why "whether verbal or physical" was deleted.
MS. PAGE said it was taken out so the language would include
students who have been subjected to any type of harassment,
intimidation, or bullying.
CHAIR KELLER spoke of a bill that basically did the same thing
in a different section of law, and his staff looked where this
behavior was already covered in law, "and the only thing unique,
that I see, really, is the fact that we're pulling it into Title
14," and he asked for an explanation.
MS. PAGE said that someone from Legislative Legal and Research
Services can speak to that.
2:20:20 PM
REPRESENTATIVE LYNN moved to report HB 45 out of committee with
individual recommendations and the accompanying fiscal notes.
CHAIR KELLER, noting no objections, announced that HB 45 moved
out of committee.
2:22:04 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 2:22 P.M.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 45 Leg. Legal Opinion.pdf |
HJUD 4/16/2014 1:00:00 PM |
HB 45 |
| SJR 23 ACPE Resolution of Support.pdf |
HJUD 4/16/2014 1:00:00 PM |
SJR 23 |
| SJR 23 Support Letter~University of Alaska.pdf |
HJUD 4/16/2014 1:00:00 PM |
SJR 23 |
| SJR 23 Witness List HJUD.pdf |
HJUD 4/16/2014 1:00:00 PM |
SJR 23 |
| HCCSSB 173 ver. Y Draft.pdf |
HJUD 4/16/2014 1:00:00 PM |
SB 173 |
| HCSCSSB 173 ver. Y Leg. Legal Memo.pdf |
HJUD 4/16/2014 1:00:00 PM |
SB 173 |