03/27/2015 01:00 PM House JUDICIARY
| Audio | Topic | 
|---|---|
| Start | |
| HB75 | |
| HB106 | |
| Adjourn | 
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 106 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 75 | TELECONFERENCED | |
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                         March 27, 2015                                                                                         
                           1:02 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Gabrielle LeDoux, Chair                                                                                          
Representative Wes Keller, Vice Chair                                                                                           
Representative Bob Lynn                                                                                                         
Representative Charisse Millett                                                                                                 
Representative Matt Claman                                                                                                      
Representative Neal Foster                                                                                                      
Representative Max Gruenberg                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Kurt Olson (alternate)                                                                                           
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 75                                                                                                               
"An   Act   relating   to  the   regulation   of   marijuana   by                                                               
municipalities; and providing for an effective date."                                                                           
                                                                                                                                
     - MOVED CSHB 75(JUD) OUT OF COMMITTEE                                                                                      
                                                                                                                                
HOUSE BILL NO. 106                                                                                                              
"An Act  relating to the  Uniform Interstate Family  Support Act,                                                               
including jurisdiction  by tribunals  of the  state, registration                                                               
and  proceedings  related  to support  orders  from  other  state                                                               
tribunals,  foreign   support  orders,  foreign   tribunals,  and                                                               
certain  persons  residing  in  foreign  countries;  relating  to                                                               
determination  of parentage  of  a child;  and  providing for  an                                                               
effective date."                                                                                                                
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 75                                                                                                                   
SHORT TITLE: MARIJUANA ESTAB. REG; LOCAL ELECTION                                                                               
SPONSOR(s): COMMUNITY & REGIONAL AFFAIRS                                                                                        
                                                                                                                                
01/23/15       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/23/15       (H)       CRA, JUD                                                                                               
02/21/15       (H)       CRA AT 10:00 AM BARNES 124                                                                             
02/21/15       (H)       -- MEETING CANCELED --                                                                                 
02/24/15       (H)       CRA AT 8:00 AM BARNES 124                                                                              
02/24/15       (H)       Heard & Held                                                                                           
02/24/15       (H)       MINUTE(CRA)                                                                                            
03/03/15       (H)       CRA AT 8:00 AM BARNES 124                                                                              
03/03/15       (H)       Moved  CSHB 75(CRA) Out of Committee                                                                   
03/03/15       (H)       MINUTE(CRA)                                                                                            
03/05/15       (H)       CRA AT 8:00 AM BARNES 124                                                                              
03/05/15       (H)       Moved  CSHB 75(CRA) Out of Committee                                                                   
03/05/15       (H)       MINUTE(CRA)                                                                                            
03/06/15       (H)       CRA RPT CS(CRA) NT 3DP 3NR                                                                             
03/06/15       (H)       DP: NAGEAK, SEATON, TILTON                                                                             
03/06/15       (H)       NR: DRUMMOND, REINBOLD, HUGHES                                                                         
03/11/15       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/11/15       (H)       Heard & Held                                                                                           
03/11/15       (H)       MINUTE(JUD)                                                                                            
03/18/15       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/18/15       (H)       <Bill Hearing Canceled>                                                                                
03/25/15       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/25/15       (H)       <Bill Hearing Canceled>                                                                                
03/27/15       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: HB 106                                                                                                                  
SHORT TITLE: UNIFORM INTER.CHILD SUPPORT;PARENTAGE                                                                              
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
02/11/15       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/11/15       (H)       STA, JUD                                                                                               
02/19/15       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
02/19/15       (H)       Heard & Held                                                                                           
02/19/15       (H)       MINUTE(STA)                                                                                            
03/03/15       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
03/03/15       (H)       Heard & Held                                                                                           
03/03/15       (H)       MINUTE(STA)                                                                                            
03/05/15       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
03/05/15       (H)       -- MEETING CANCELED --                                                                                 
03/10/15       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
03/10/15       (H)       Heard & Held                                                                                           
03/10/15       (H)       MINUTE(STA)                                                                                            
03/17/15       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
03/17/15       (H)       Moved  CSHB 106(STA) Out of Committee                                                                  
03/17/15       (H)       MINUTE(STA)                                                                                            
03/18/15       (H)       STA RPT CS(STA) 4DP 3NR                                                                                
03/18/15       (H)       DP: TALERICO, STUTES, VAZQUEZ, KREISS-                                                                 
                         TOMKINS                                                                                                
03/18/15       (H)       NR: KELLER, GRUENBERG, LYNN                                                                            
03/27/15       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE CATHY TILTON                                                                                                     
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   During  the hearing  on  CSHB 75,  thanked                                                             
Chair LeDoux  for working  with her  on the  committee substitute                                                               
and turned testimony over to her aide.                                                                                          
                                                                                                                                
HEATH HILYARD, Staff                                                                                                            
Representative Cathy Tilton                                                                                                     
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Presented  CSHB 75 on  behalf of  the House                                                             
Community  and Regional  Affairs Committee,  sponsor by  request,                                                               
chaired by Representative Tilton.                                                                                               
                                                                                                                                
DENNIS WHEELER, Municipal Attorney                                                                                              
Legal Department                                                                                                                
Municipality of Anchorage                                                                                                       
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   During  the hearing  of  CSHB 75  answered                                                             
questions and offered support for the bill.                                                                                     
                                                                                                                                
AMY MEAD, Assistant Municipal Attorney                                                                                          
Law Department                                                                                                                  
City and Borough of Juneau                                                                                                      
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   During  the hearing  of  CSHB 75  answered                                                             
questions and offered support for the bill.                                                                                     
                                                                                                                                
CAROL BEECHER, Deputy Director                                                                                                  
Anchorage Central Office                                                                                                        
Child Support Division                                                                                                          
Department of Revenue                                                                                                           
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:   Presented CSHB  106 on behalf of  the House                                                             
Rules Committee, sponsor by request, of the Governor.                                                                           
                                                                                                                                
STACY STEINBERG, Chief Assistant Attorney General                                                                               
Statewide Section Supervisor                                                                                                    
Collections and Support Section                                                                                                 
Civil Division                                                                                                                  
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:   During  the hearing of  CSHB 106  offered a                                                             
sectional analysis of the bill and answered questions.                                                                          
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:02:27 PM                                                                                                                    
                                                                                                                                
CHAIR  GABRIELLE  LEDOUX  called  the  House  Judiciary  Standing                                                             
Committee meeting to order at  1:02 p.m.  Representatives Keller,                                                               
Lynn, Millett,  Claman, and  LeDoux were present  at the  call to                                                               
order.    Representatives Gruenberg  and  Foster  arrived as  the                                                               
meeting was in progress.                                                                                                        
                                                                                                                                
          HB  75-MARIJUANA ESTAB. REG; LOCAL ELECTION                                                                       
                                                                                                                                
1:02:55 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX announced that the  first order of business would be                                                               
HOUSE  BILL  NO.  75,  "An  Act relating  to  the  regulation  of                                                               
marijuana  by  municipalities;  and providing  for  an  effective                                                               
date."                                                                                                                          
                                                                                                                                
1:02:56 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1:02:56 to 1:04:30 p.m.                                                                      
                                                                                                                                
1:04:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER  moved to  adopt  proposed  CS to  HB  75,                                                               
Version 29-LS0345\V,  Martin, 3/23/15,  as the  working document.                                                               
There being no objection Version V was before the committee.                                                                    
                                                                                                                                
1:05:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CATHY TILTON,  Alaska State  Legislature, thanked                                                               
Chair LeDoux  for working  with her  on the  committee substitute                                                               
and turned testimony over to her aide.                                                                                          
                                                                                                                                
1:05:50 PM                                                                                                                    
                                                                                                                                
HEATH HILYARD,  Staff, Representative Cathy Tilton,  Alaska State                                                               
Legislature, paraphrased  the following "Explanation  of Changes"                                                               
[original punctuation provide]:                                                                                                 
                                                                                                                                
         Title (Page 1, lines 1-6) - The title has been                                                                         
     significantly tightened from previous versions.                                                                            
                                                                                                                                
     Section 2  (Page 2, line  21-22) - The  household plant                                                                    
     limit has  been increased from  12 to 24  plants. Also,                                                                    
     the term  "residence" has been  replaced with  the term                                                                    
     "dwelling"  to   be  more  consistent   with  municipal                                                                    
     ordinances.  LAA  Legal   has  indicated  that  Statute                                                                    
     treats the two terms as functionally interchangeable.                                                                      
                                                                                                                                
     Section  11 (Page  6, line  22) -  the addition  of the                                                                    
     phrase   "consistent  with   the"   referring  to   the                                                                    
     Administrative  Procedures  Act  was  included  at  the                                                                    
     requests   of  municipalities   in  order   to  prevent                                                                    
     conflict with  their own  ordinances. This  would allow                                                                    
     them  to use  their own  version of  the Administrative                                                                    
     Procedures Act.                                                                                                            
                                                                                                                                
     Section 14  (Page 7, lines  9-14) - This  provision was                                                                    
     included   after   the   discovery   of   a   potential                                                                    
     circumstance   regarding    a   "gap"    in   potential                                                                    
     enforcement.  The   way  the  original   provision  was                                                                    
     written, a  scenario was envisioned  where a  2nd class                                                                    
     borough  (FNSB and  MSB, for  example), which  does not                                                                    
     have general  public health or police  powers, may have                                                                    
     issued  a registration  but  the borough's  enforcement                                                                    
     would  be  limited  only  to   the  revocation  of  the                                                                    
     registration.  This provides  that  the  holder of  the                                                                    
     registration  is ALSO  subject to  state regulation  or                                                                    
     enforcement.                                                                                                               
                                                                                                                                
     Section 16  (Page 7, line  23) - Similar to  the change                                                                    
     made in  section 11  above, this  allows municipalities                                                                    
     to use local ordinances  that are substantially similar                                                                    
     or  "consistent  with"  AS  44.62,  the  Administrative                                                                    
     Procedures Act.                                                                                                            
                                                                                                                                
     Several sections  have been renumbered  accordingly, as                                                                    
     a result of the changes listed above.                                                                                      
                                                                                                                                
1:06:50 PM                                                                                                                    
                                                                                                                                
MR. HILYARD said the household  plant limit was increased from 12                                                               
plants to  24 plants  as Chair LeDoux  mentioned during  the last                                                               
committee hearing there was confusion  as to whether there was an                                                               
existing  limit  on  the  books.   He  related  that  Mr.  Dennis                                                               
Wheeler, Municipality  of Anchorage, sent Mr.  Hilyard the [2006]                                                               
Darrin Hotrum  v. State  of Alaska, 130  P.3d 965  (Alaska), case                                                             
that  dealt with  the issue  [of 24  plants].   Mr. Hilyard  then                                                               
stated  there   is  existing  statute  making   reference  to  24                                                               
(Indisc.).  AS 11.71.040[a](3)(G), which reads:                                                                                 
                                                                                                                                
     (G) 25 or more plants of the genus cannabis;                                                                               
                                                                                                                                
MR. HILYARD  related that anything  in excess of 25  plants under                                                               
current  criminal  law  is presumed  possession  with  intent  to                                                               
distribute, and  anything under 25  plants is presumed to  be for                                                               
personal use consistent  with Ravin v. State of  Alaska, 537 P.2d                                                             
494 (Alaska 1975)  and Noy v. State of Alaska,  83 P.3d 538, 544-                                                             
45 (Alaska Ct. App. 2003) decisions.   He referred to Section 11,                                                               
page 6, line 22, and advised  "there is an addition of the phrase                                                               
'consistent  with  the'"   which  has  to  do   with  the  Alaska                                                               
Administrative  Procedures Act.   He  said  it was  noted that  a                                                               
number  of the  larger municipalities  have their  own functional                                                               
ordinances  that act  as an  Administrative Procedures  Act.   He                                                               
explained that  phrases allows them  to use their  own ordinances                                                               
and prevent  any potential  confusion between  what they  have on                                                               
their  books and  what the  Alaska Administrative  Procedures Act                                                               
provides for.                                                                                                                   
                                                                                                                                
1:08:23 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX asked for clarification.                                                                                           
                                                                                                                                
MR. HILYARD advised he is referring  to page 6, line 22-23, which                                                               
read:                                                                                                                           
                                                                                                                                
     ... These procedures shall be consistent with the [SUBJECT                                                             
     TO ALL] requirements of AS 44.62 (Administrative Procedure                                                                 
     Act).                                                                                                                      
                                                                                                                                
1:08:42 PM                                                                                                                    
                                                                                                                                
CHAIR  LEDOUX referred  to [Sec.  2, AS  17.38.020] and  asked if                                                               
there was  a change on page  2, lines 5-31 through  Page 3, lines                                                               
1-5, and further asked and it was in the previous CS.                                                                           
                                                                                                                                
MR. HILYARD  said it was in  the previous CS and  offered a brief                                                               
history  from   the  Community  and  Regional   Affairs  Standing                                                               
Committee.   He explained that municipal  attorneys that assisted                                                               
in crafting  this legislation asked for  additional sideboards on                                                               
defining what "assisting" properly  means.  Legislative Legal and                                                               
Research Services  provided the  language in  the bill  and there                                                               
has not been a change since the "S" version.                                                                                    
                                                                                                                                
1:09:59 PM                                                                                                                    
                                                                                                                                
MR. HILYARD  pointed to Sec. 14,  Page 7, lines 9-14,  and stated                                                               
this amendment  was identified by  Representative Keller  in that                                                               
there was  a gap in potential  enforcement.  He used  the example                                                               
that second class  boroughs do not have general  police powers or                                                               
health  powers.   The way  the initiative  language read,  if the                                                               
municipality  issued  a  registration and  the  registrant  acted                                                               
improperly, the  municipality itself  would not have  the ability                                                               
to enforce and  would have to depend entirely on  the state.  The                                                               
gap was closed  in that the state also  has enforcement authority                                                               
for  activities on  commercial  marijuana  establishments at  any                                                               
time.  He referred to Sec. 16, page  7, line 23, and stated it is                                                               
similar to the  change made to the  Administrative Procedures Act                                                               
provision  in Sec.  11.   It allows  municipalities to  use local                                                               
ordinances that  are substantially  similar or  "consistent with"                                                               
AS 44.62,  the Administrative Procedures  Act.  He  described the                                                               
language  as   "clean  up"  so   that  municipalities   were  not                                                               
unnecessarily bound  to particular  language that  might conflict                                                               
with their own ordinances.   Lastly, he explained, several of the                                                               
sections  throughout   the  remainder  of  the   bill  have  been                                                               
renumbered accordingly as a result of drafting changes.                                                                         
                                                                                                                                
1:11:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  referred to Sec.  5, page 3, line  18, and                                                               
questioned   the  rationale   of   "half   of  the   registration                                                               
application fee," as  to whether it was looked at  in the context                                                               
of  responsibilities that  will  be shared  for the  enforcement,                                                               
regulation, and cost of application.                                                                                            
                                                                                                                                
MR. HILYARD stated he could  not answer that question because the                                                               
language  came directly  from the  initiative.   Essentially,  he                                                               
said  he  found Sec.  5  non-substantive  because the  only  real                                                               
change  pertaining to  HB  75 was  primarily  the reference  from                                                               
"local government" to "municipality."                                                                                           
                                                                                                                                
1:13:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN  referred to  [Sec. 2, AS  17.38.020(2), page                                                               
2,  lines 21-23],  and asked  for an  explanation as  to why  the                                                               
language changed from 12 plants to 24 plants [for personal use].                                                                
                                                                                                                                
MR. HILYARD  reiterated that there  is existing statute  in Title                                                               
11 stipulating that anything over  25 plants is a criminal charge                                                               
of possession with intent to  distribute, or misconduct involving                                                               
a controlled substance.  He  described the presumption being that                                                               
under Ravin and Noy, 24 plants is for personal use.                                                                         
                                                                                                                                
REPRESENTATIVE GRUENBERG asked for the cite.                                                                                    
                                                                                                                                
MR.  HILYARD  advised it  should  be  in  his  packet and  is  AS                                                               
11.71.040(3)(G).                                                                                                                
                                                                                                                                
1:15:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER referred  to  [Sec.  9, AS  17.38.110(b)],                                                               
page 6,  line 4, and opined  that criminal penalties can  only be                                                               
set by  a First Class  Borough or a Home  Rule Borough and  not a                                                               
broader ... this  uses the term municipality  which would include                                                               
both,  but it  also includes  others, so  the language  should be                                                               
tightened up a bit, he related.                                                                                                 
                                                                                                                                
MR. HILYARD  advised that it  certainly was not the  intention of                                                               
the Community and Regional Affairs  Standing Committee to provide                                                               
municipalities with  powers they  do not  currently possess.   He                                                               
referred  to a  legal memo  from Ms.  Hilary Martin,  Legislative                                                               
Legal  and  Research Services  written  earlier  this month  that                                                               
addressed that question.  AS 29.25.070, which read:                                                                             
                                                                                                                                
     (a) For  the violation of an  ordinance, a municipality                                                                    
     may by  ordinance prescribe a  penalty not to  exceed a                                                                    
     fine  of $1,000  and imprisonment  for 90  days. For  a                                                                    
     violation that  cannot result  in incarceration  or the                                                                    
     loss of  a valuable  license, a municipality  may allow                                                                    
     disposition of  the violation without  court appearance                                                                    
     and  establish  a schedule  of  fine  amounts for  each                                                                    
     offense.                                                                                                                   
                                                                                                                                
MR. HILARY  deferred to  Ms. Martin, or  a municipal  attorney on                                                               
line, for further clarification.                                                                                                
                                                                                                                                
1:16:55 PM                                                                                                                    
                                                                                                                                
DENNIS   WHEELER,    Municipal   Attorney,    Legal   Department,                                                               
Municipality of  Anchorage asked Representative Keller  to repeat                                                               
his question.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  KELLER  opined  that  the question  may  be  more                                                               
appropriately for the drafter of  the legislation.  He pointed to                                                               
page 6, line 4, regarding  the municipality and established civil                                                               
and criminal penalties.  His  concern is that the legislation may                                                               
be creating  a power  for other municipality  types that  was not                                                               
intended according to the sponsor.                                                                                              
                                                                                                                                
MR. WHEELER  replied that he  represents a Home Rule  Borough and                                                               
he does not  know the ins and outs of  jurisdictions that are not                                                               
Home Rule Boroughs.  He stated  they have a significant number of                                                               
laws that  are local misdemeanor  offense laws that  are enforced                                                               
every  day  through the  police  department.   As  Representative                                                               
Keller noted,  his question  might be better  for someone  in the                                                               
state to  answer with respect  to whether  or not this  opens the                                                               
door to Second Class Boroughs and  so forth, he said.  He offered                                                               
that  this legislation  clarifies that  a Home  Rule Borough  can                                                               
continue to enact misdemeanor offense ordinances.                                                                               
                                                                                                                                
1:19:25 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1:19 to 1:21 p.m.                                                                            
                                                                                                                                
1:21:42 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX  advised the committee  could consider  a conceptual                                                               
amendment if it is necessary.                                                                                                   
                                                                                                                                
1:21:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  said he is  willing to offer  a conceptual                                                               
amendment  and pointed  to [Sec.  18, AS  17.38.200(c)], page  8,                                                               
line  22, "  ... and  the board  is not  required to  approve the                                                               
application."  He questioned  if it  is clear  that the  board is                                                               
always  referring to  the state  control board.   The  conceptual                                                               
amendment  he  would propose  is  just  that the  drafters  would                                                               
review  it   and  ascertain  it   is  clear   without  unintended                                                               
consequences.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  KELLER  responded  to  Chair LeDoux  that  he  is                                                               
asking whether the  board is referring to  the Alcoholic Beverage                                                               
Control Board  (ABC Board), or if  it could apply to  some useful                                                               
regulatory board.                                                                                                               
                                                                                                                                
MR.  HILYARD responded  that the  language is  directly from  the                                                               
initiative.   He  said, in  the  absence of  a Marijuana  Control                                                               
Board, he presumed  the board is the ABC Board  as the initiative                                                               
language  provides that  the  legislature may  enact  or adopt  a                                                               
Marijuana Control Board.                                                                                                        
                                                                                                                                
1:23:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  advised that putting  it on the  record is                                                               
enough as the  drafter should review the use of  the word "board"                                                               
to ascertain it is clear throughout the legislation.                                                                            
                                                                                                                                
MR. HILYARD  responded that the initiative  sponsors drafted this                                                               
language, within which  the drafter used relative  portions of AS                                                               
17.38.                                                                                                                          
                                                                                                                                
REPRESENTATIVE  KELLER  pointed out  that  the  language that  is                                                               
passed is  the product of the  legislature.  He opined  that once                                                               
the  law  passes, the  legislature  can't  go  back and  say  the                                                               
confusion  factor  is in  there  and  it's  not  our fault.    He                                                               
expressed that  the drafter must  ascertain that the  language is                                                               
clear as the legislature has that responsibility.                                                                               
                                                                                                                                
1:24:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CLAMAN surmised  that Sec.  9 is  technically the                                                               
initiative's  language  except  changing  "local  government"  to                                                               
"municipality," and adding "and criminal."                                                                                      
                                                                                                                                
MR. HILYARD responded "That is correct."                                                                                        
                                                                                                                                
1:25:41 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX advised that public  testimony is closed and invited                                                               
testimony is open.                                                                                                              
                                                                                                                                
1:26:09 PM                                                                                                                    
                                                                                                                                
MR. WHEELER  described the bill  as a  good product and  that his                                                               
office supports  this version of  the bill.   He noted  that when                                                               
the state determines regulations  and statutes, and whether there                                                               
will  be a  marijuana control  board, municipal  governments will                                                               
have  basic parameters  within  which to  regulate  at the  local                                                               
level.                                                                                                                          
                                                                                                                                
1:28:01 PM                                                                                                                    
                                                                                                                                
AMY MEAD, Assistant Municipal Attorney,  Law Department, City and                                                               
Borough of Juneau voiced her  support and appreciation and stated                                                               
that the  bill contains important  provisions left  unanswered by                                                               
the  initiative.    She  opined   these  provisions  will  assist                                                               
[municipalities]  in  drafting  local  legislation  necessary  to                                                               
responsibly regulate new  business as part of this  process.  She                                                               
expressed her appreciation that  the bill includes the definition                                                               
of  "assisting," as  it provides  a  protest process,  recognizes                                                               
marijuana clubs as  a type of marijuana  establishment, fixes the                                                               
Administrative  Procedure Act  issue,  and  allows that  criminal                                                               
sanctions  are allowed  for time,  place, and  manner violations.                                                               
These provision  are consistent with  other land  use regulations                                                               
and the power  provided to municipalities under  AS 29.35.010 and                                                               
AS 29.25.070.                                                                                                                   
                                                                                                                                
1:29:50 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX  requested that Ms.  Mead and Mr. Wheeler  remain on                                                               
the line.                                                                                                                       
                                                                                                                                
1:30:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN moved  to adopt  [Amendment 1],  labeled 29-                                                               
LS0345\V.1, which read:                                                                                                         
                                                                                                                                
     Page 2, line 21:                                                                                                           
          Delete "24"                                                                                                       
          Insert "12"                                                                                                       
          Delete "12"                                                                                                       
          Insert "six"                                                                                                      
                                                                                                                                
REPRESENTATIVE LYNN referred to page  2, line 21, and stated that                                                               
he believes changing the number  of [personal use] plants from 24                                                               
to 12 is a  happy medium between zero and 24.   "I don't think we                                                               
need a forest" of plants in anyone's dwelling, he opined.                                                                       
                                                                                                                                
CHAIR LEDOUX objected.                                                                                                          
                                                                                                                                
1:31:31 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX expressed  that the terms of the  initiative allow 6                                                               
plants  per  person regardless  of  how  many  people live  in  a                                                               
household,  and 24  plants is  a compromise.   Nevertheless,  she                                                               
said,  in order  to  make matters  easier  for municipalities  in                                                               
establishing a  bright line,  it appears  appropriate to  use the                                                               
white line  municipalities and police  departments have  used for                                                               
years to determine intent to sell.   She noted that she maintains                                                               
her objection.                                                                                                                  
                                                                                                                                
1:32:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLETT  opined  that the  closer  the  committee                                                               
stays  to the  language of  the initiative,  the better  case the                                                               
state will have if  it comes down to a lawsuit.   She offered she                                                               
will not vote in favor of the amendment.                                                                                        
                                                                                                                                
1:32:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER said he supports  the amendment and pointed                                                               
out that  any number picked over  the number six is  an arbitrary                                                               
number.   The committee is setting  a bright line and,  he noted,                                                               
there is  testimony "we"  don't care  where the  legislature sets                                                               
the  line as  long  as  a line  is  set.   He  does  not see  any                                                               
justification in going to the maximum allowed by going to 24.                                                                   
                                                                                                                                
1:33:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN remarked that  he supports Chair LeDoux and                                                               
will not  vote in favor of  the amendment.  He  expressed that he                                                               
views 24  plants as a  compromise and a  bright line in  light of                                                               
the Holtrum case, and the previously articulated reasons.                                                                     
                                                                                                                                
1:34:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  stated   he  associates  himself  with                                                               
Representative Claman's comments.                                                                                               
                                                                                                                                
1:34:48 PM                                                                                                                    
                                                                                                                                
A roll  call vote  was taken.   Representatives Lynn,  and Keller                                                               
voted in favor of Amendment  1.  Representatives Foster, Millett,                                                               
Claman,  Gruenberg,  and LeDoux  voted  against  it.   Therefore,                                                               
Amendment 1  failed the House  Judiciary Standing Committee  by a                                                               
vote of 2-5.                                                                                                                    
                                                                                                                                
1:35:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN  moved to adopt [Amendment  2], labeled 29-                                                               
LS0345\V.2, which read:                                                                                                         
                                                                                                                                
     Page 6, line 4:                                                                                                            
          Delete "and criminal"                                                                                             
                                                                                                                                
REPRESENTATIVE CLAMAN  referred to  page 6,  line 4,  wherein the                                                               
language  would  delete "and  criminal"  as  he is  committed  to                                                               
supporting the language of the  initiative.  Although, he stated,                                                               
he was  a "no"  vote on  the initiative,  he recognizes  that the                                                               
majority of the public voted  in favor of the initiative language                                                               
except  the  language  only references  "civil  penalties."    He                                                               
opined that  as a matter  of standard statutory  construction, if                                                               
the Alaska Supreme  Court was asked to  analysis the initiative's                                                               
language  it would  presume  that  every word  had  meaning.   He                                                               
further opined the Alaska Supreme  Court would presume that words                                                               
not included, were intended to not  be included. He noted that to                                                               
add  the words  "and criminal"  is changing  the jurisdiction  by                                                               
taking language different from the intent of the voters.                                                                        
                                                                                                                                
CHAIR LEDOUX objected for purposes of discussion.                                                                               
                                                                                                                                
1:37:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER noted  that Representative  Claman's logic                                                               
that because the  word "criminal" is not in  the initiative means                                                               
that the very  intent was to not allow for  a criminal penalty is                                                               
a leap.   He  opined that  when the  initiative was  written, the                                                               
sponsors would  have made  the statement that  there would  be no                                                               
civil or criminal penalties allowed.                                                                                            
                                                                                                                                
REPRESENTATIVE  CLAMAN   responded  that  this   particular  bill                                                               
relates to the  regulation of marijuana, and not  to the question                                                               
of civil  penalties.  He referred  to a memo from  Hilary Martin,                                                               
Legislative  Legal  and  Research  Services,  dated  3/2/15,  and                                                               
stated  that on  page  2, paragraph  2,  Ms. Martin  specifically                                                               
wrote "it  is possible  that the  intent of  this language  is to                                                               
prevent  a  municipality  from  imposing  criminal  penalties  on                                                               
violations  of   an  ordinance  as   only  civil   penalties  are                                                               
mentioned."   He argued that  it is not  a leap of  faith because                                                               
the committee  is not dealing  with the broad scheme  of criminal                                                               
penalties, but is  focused solely on the  question of regulations                                                               
affecting  those  that get  permits  for  a marijuana  sales  and                                                               
growing business.   He said  that the Alaska Supreme  Court would                                                               
read the fact that there  is no language about criminal penalties                                                               
and would  look at  it as a  reason to limit  the powers  to just                                                               
civil penalties.                                                                                                                
                                                                                                                                
REPRESENTATIVE KELLER said  that was exactly his  point and asked                                                               
the sponsor  to reiterate why  the language  was put in,  for the                                                               
sake of context.                                                                                                                
                                                                                                                                
1:39:46 PM                                                                                                                    
                                                                                                                                
CHAIR  LEDOUX asked  the  municipal attorneys  on  line how  they                                                               
regulate and  enforce, whether they  do enforce, or  whether they                                                               
have criminal ordinances with respect to alcohol sales.                                                                         
                                                                                                                                
REPRESENTATIVE  KELLER requested  historical  background for  the                                                               
committee on the discussion around inserting this language.                                                                     
                                                                                                                                
MR.  HILYARD said  this  was  an issue  in  early discussions  of                                                               
developing HB 75  to its current iteration.  He  noted that Title                                                               
29 provides certain municipalities  with limited criminal penalty                                                               
authority,  and the  rationale  was that  it  was not  abundantly                                                               
clear how Title 29 would apply.   The municipalities that do have                                                               
general police authority prefer to  make it clear that they would                                                               
continue  to maintain  the ability  to  adopt criminal  penalties                                                               
specifically  with   time,  place,  and  manner,   violations  of                                                               
commercial  establishments.    It   was  suggested  by  municipal                                                               
attorneys that it  would be unlikely that local  assembly or city                                                               
councils  may  adopt  those,  they simply  wanted  to  have  that                                                               
ability in the event it was necessitated.                                                                                       
                                                                                                                                
1:41:39 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX pointed to alcohol  establishments and asked whether                                                               
municipalities  are  allowed  to   have  criminal  penalties  for                                                               
violations  of ordinances  or regulations  with respect  to time,                                                               
place, and manner.                                                                                                              
                                                                                                                                
MS. MEAD responded "The City and Borough of Juneau does."                                                                       
                                                                                                                                
MR. WHEELER  responded that under  the Anchorage  Municipal Code,                                                               
Title 8, Chapter  35, there are a number of  ordinances that make                                                               
it misdemeanor offenses  to violate the rules  including hours of                                                               
service,  serving under  aged persons,  allowing  person who  are                                                               
intoxicated on premises, and so forth.                                                                                          
                                                                                                                                
1:42:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  said  he supports  the  amendment  and                                                               
noted that  the language  of the bill  reads a  "municipality may                                                               
establish  civil and  criminal  penalties."   "Read directly  and                                                               
literally," he  opined, it  does not  limit it  to municipalities                                                               
that already have the power.   He further opined it could be read                                                               
as  giving  municipalities that  don't  already  have that  power                                                               
additional power to do so.  He  remarked he does not know if that                                                               
argument  would be  accepted  in view  of the  fact  there is  no                                                               
amendment  to the  governing statutes  in Title  29 on  municipal                                                               
powers, but  it could create  litigation.  Whether it  should not                                                               
violate the  initiative due to  the language  on line 4  does not                                                               
say "may  establish only civil"  or "may establish civil  but not                                                               
criminal."    He opined  the  court  would  apply the  rule  that                                                               
because the  initiative does not  just say "penalties,"  but says                                                               
"civil penalties"  that it would  be read as  excluding criminal.                                                               
He explained  that normally the  Rules of  Statutory Construction                                                               
only  require that  things  that  are included  be  put into  the                                                               
statute.                                                                                                                        
                                                                                                                                
REPRESENTATIVE KELLER responded  to Representative Gruenberg that                                                               
the committee is not a court and  it is deals with whether or not                                                               
to put  [certain] language  into Alaska  Statutes.   According to                                                               
Representative Gruenberg's  argument, he  related, to  be certain                                                               
the  language is  crystal clear  that  it would  have to  include                                                               
language  that reads  that the  "civil  and not  criminal."   The                                                               
committee's role  is to  determine intent  and clarify  what goes                                                               
into  statute.     He  referred  to   Representative  Gruenberg's                                                               
argument and  said he intends  to propose a  conceptual amendment                                                               
that limits this section to  municipalities that already have the                                                               
power to establish criminal statutes.                                                                                           
                                                                                                                                
CHAIR LEDOUX  remarked with regard  to the  conceptual amendment,                                                               
after  hearing from  the  City  and Borough  of  Juneau, and  the                                                               
Municipality  of Anchorage  regarding the  regulation of  liquor,                                                               
she does not have a problem  with this language.  She pointed out                                                               
that it  does not  appear to  be violative of  the spirit  of the                                                               
initiative  in  that  the legislation  allows  municipalities  to                                                               
regulate marijuana establishments in the same manner.                                                                           
                                                                                                                                
1:47:19 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX said she maintained her objection.                                                                                 
                                                                                                                                
A roll call  vote was taken.   Representatives Gruenberg, Foster,                                                               
and  Claman  voted in  favor  of  Amendment 2.    Representatives                                                               
Keller, Lynn, Millett,  and LeDoux voted against  it.  Therefore,                                                               
Amendment 2  failed the House  Judiciary Standing Committee  by a                                                               
vote of 4-3.                                                                                                                    
                                                                                                                                
1:47:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER proposed  a conceptual amendment [Amendment                                                               
3], on page  6, line 3, after the word  municipality insert "with                                                               
power  to  establish  civil  and  criminal  penalties"  and  then                                                               
continue on with  the language in the bill.   He offered that his                                                               
intention is  that only municipalities  currently with  the power                                                               
to set criminal penalties be allowed to set criminal penalties.                                                                 
                                                                                                                                
REPRESENTATIVE GRUENBERG advised he supports [Amendment 3].                                                                     
                                                                                                                                
CHAIR LEDOUX objected for purposes of discussion.                                                                               
                                                                                                                                
REPRESENTATIVE GRUENBERG  stated that Amendment 3  helps with the                                                               
problem.                                                                                                                        
                                                                                                                                
CHAIR  LEDOUX removed  her objection.   [There  being no  further                                                               
objection  Amendment  3  passes   the  House  Judiciary  Standing                                                               
Committee.]                                                                                                                     
                                                                                                                                
1:50:49 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1:50 to 1:52 p.m.                                                                            
                                                                                                                                
1:52:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN [moved to adopt] Amendment 4, which read:                                                                 
                                                                                                                                
     Page 2, line 29, through page 3, line 5:                                                                                   
       Delete "; assisting under this paragraph does not                                                                    
     include                                                                                                                
      (A)  using, displaying, purchasing, or transporting                                                                   
       marijuana in excess of the amount allowed in this                                                                    
     section;                                                                                                               
     (B)  possessing, growing, processing, or transporting                                                                  
      marijuana plants in excess of the amount allowed in                                                                   
     this section;                                                                                                          
     (C)  growing marijuana plants for another person in a                                                                  
     place other than that other person's dwelling"                                                                         
                                                                                                                                
CHAIR LEDOUX [objected].                                                                                                        
                                                                                                                                
REPRESENTATIVE  CLAMAN referred  the committee  to [page  2, line                                                               
29, through page  3, line 5], and advised there  are three layers                                                               
of the  existing language that was  added into the CS  before the                                                               
committee.   With  regard  to assisting,  he  found the  language                                                               
vague,   ambiguous   and   confusing  and,   therefore,   submits                                                               
[Amendment 4].  He referred  to Sec. 2, "notwithstanding whatever                                                               
else is the  law it will be lawful and  not criminal under Alaska                                                               
law  to possess,  use,  display,  purchase, transport,  marijuana                                                               
accessories, Sub  (2) grow marijuana,  (3) transfer one  ounce or                                                               
less  of marijuana  (4)  consume marijuana,  and  then using  the                                                               
specific language  of the initiative,  paragraph (5) is  that you                                                               
can assist  another person  who is  21 years of  age or  older in                                                               
doing  all of  1-4, which  was assisting,  possessing marijuana."                                                               
Previously marijuana  is not allowed, possession  of marijuana is                                                               
generally illegal, except  as protected by Ravin.   Currently the                                                             
language is  what was previously  (Indisc.) can't be now  that it                                                               
is no  longer prohibited as now  it is specifically lawful  to do                                                               
this and  now, he  related, the  language is  trying to  create a                                                               
negative on the negative by trying  to say what assisting is.  He                                                               
pointed out Sub (C) of  the assisting language "growing marijuana                                                               
plants  for another  person  in  a place  other  than that  other                                                               
person's dwelling."   He  said he  understands this  language was                                                               
urged by the  municipalities and had questions  regarding Sub (C)                                                               
how  can the  person watering  marijuana  plants as  part of  the                                                               
housesitting responsibilities answer "Sub  (5) where it basically                                                               
says a  person can  assist in  somebody to  grow plants  at their                                                               
house and (5)(C)  trying to say you  can't do it."   He stated it                                                               
seems  they  are in  contradiction  and  he asked  the  municipal                                                               
attorneys to explain how this works.                                                                                            
                                                                                                                                
MS. MEAD  responded that she did  not ask for [the  language] but                                                               
believes this paragraph would allow  someone to have their plants                                                               
watered while on  vacation, it would prohibit a  person sending a                                                               
note to  20 of  the neighbors  telling them  "I" will  grow their                                                               
plants for them  in my house and  ending up with 80  plants.  She                                                               
opined that is  what it was intended to prohibit,  to not allow a                                                               
communal growing situation in one dwelling.                                                                                     
                                                                                                                                
1:56:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN  questioned if the concern  is that someone                                                               
will try  to be  a community  grower how does  that get  a person                                                               
that is  growing more  than 24  plants, get  around the  24 plant                                                               
limit that  is part of the  committee substitute Sub (2)  that is                                                               
specifically permitted.   He further  questioned that  the police                                                               
would ask  a person how  many plants they  have and if  they have                                                               
more than 24 plants, there is a problem.                                                                                        
                                                                                                                                
MS. MEAD  replied that if there  are not enough adults  living in                                                               
the house.   She posited that  the number of plants  allowed in a                                                               
particular dwelling  are still  tied to the  number of  adults in                                                               
the house.   The assisting language prohibits  someone from doing                                                               
a "work  around" and growing  plants for someone not  residing in                                                               
the home by  claiming they are assisting their  friend in growing                                                               
his six plants - just growing them at "my" house.                                                                               
                                                                                                                                
1:58:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN  stated that  currently there is  a statute                                                               
dealing  with  legal  accountability  based  on  the  conduct  of                                                               
another,  AS  11.16.110  [Legal  Accountability  Based  Upon  the                                                               
Conduct of Another],  the aiding and abetting statute.   He asked                                                               
how someone with  30 plants in their house ...  "how can a person                                                               
assist someone to  grow marijuana and how do we  basically try to                                                               
negate what  the language has  specifically told them  they could                                                               
do."                                                                                                                            
                                                                                                                                
MS. MEAD remarked  that the aiding and abetting  statute does not                                                               
apply as it  is not a criminal activity for  every adult over the                                                               
age of 21 to grow six plants  in his/her home.  She reiterated it                                                               
is  trying to  prevent  a  situation where  there  is one  person                                                               
growing more  than the number  of plants otherwise  authorized by                                                               
claiming they are for someone else.                                                                                             
                                                                                                                                
1:59:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CLAMAN  said  the  current  provisions  allow  24                                                               
plants in a  person's own home, and  do not allow him  to have 24                                                               
plants in  Chair LeDoux's home.   He said  he is only  allowed 24                                                               
plants in his own  home but he can say he  is assisting her then,                                                               
he questioned, isn't Chair LeDoux  now in for aiding and abetting                                                               
him in having more than 24 plants.                                                                                              
                                                                                                                                
MS. MEAD  answered that  it would  be Representative  Claman that                                                               
would be in trouble, but a  person cannot have 24 plants in their                                                               
home unless there are four adults living there.                                                                                 
                                                                                                                                
REPRESENTATIVE CLAMAN  responded that  what is being  proposed in                                                               
the statute,  24 plants is  the line and  a person could  have 24                                                               
plants whether they have ...                                                                                                    
                                                                                                                                
CHAIR LEDOUX  expressed that Representative  Claman's description                                                               
is not what everyone intended the line.                                                                                         
                                                                                                                                
2:00:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CLAMAN opined  that  the  amendment is  confusing                                                               
because it does not address  ... the initiative specifically says                                                               
that a person can assist  another person in all these activities.                                                               
Now, he  said, it is  trying to say  that a person  cannot assist                                                               
those persons in those very same  activities.  He related that he                                                               
does not  see how the person  with 36 plants in  their home, what                                                               
is  the  basis  for  saying "I'm  assisting  somebody"  that  the                                                               
assistance somehow creates a defense.                                                                                           
                                                                                                                                
CHAIR LEDOUX said "I don't  understand what you are talking about                                                               
at all right now."                                                                                                              
                                                                                                                                
2:01:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  said that the committee  tries to write                                                               
language so  clearly that public defenders,  prosecutors, judges,                                                               
and legislators  can understand  and this  provision is  a triple                                                               
negative.                                                                                                                       
                                                                                                                                
CHAIR  LEDOUX remarked  that  she  does not  a  problem with  the                                                               
language as it reads that everyone  is allowed six plants, but if                                                               
one person  is caught with  twelve plants they cannot  say "these                                                               
are my  six, and the  other six belong to  someone else and  I am                                                               
just assisting them to grow their six plants."                                                                                  
                                                                                                                                
2:03:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG conveyed that  there are other scenarios                                                               
this  will  arise  in  as  the  person  watering  the  plants  is                                                               
assisting  the  other  person.    He opined  he  would  like  the                                                               
language to be clearer.                                                                                                         
                                                                                                                                
2:05:20 PM                                                                                                                    
                                                                                                                                
MR. HILYARD pointed to page 2,  lines 29-31 through page 3, lines                                                               
1-5,  and  said  in  reviewing   (a)[5],  "assisting  under  this                                                               
paragraph  does not  include  using,  displaying, purchasing,  or                                                               
transporting, marijuana in  excess of the amount  allowed in this                                                               
section."  A person can water  their friend's plants all day long                                                               
so long as those plants are in their friend's home.                                                                             
                                                                                                                                
CHAIR LEDOUX  offered that a  friend cannot  go away for  a while                                                               
and bring their plants to another person's home.                                                                                
                                                                                                                                
MR. HILYARD  responded his  reading of the  provision is  that he                                                               
could water his friend's plants at his friend's home.                                                                           
                                                                                                                                
2:06:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLETT remarked that  a person can babysit plants                                                               
but cannot bring the plants to their home.                                                                                      
                                                                                                                                
2:06:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CLAMAN  asked  why  a neighbor  cannot  bring  24                                                               
plants  to  person's home  when  the  person  does not  have  any                                                               
plants.   He included  that the 24  plants represent  four adults                                                               
living in the neighbor's home.                                                                                                  
                                                                                                                                
MR. HILYARD  responded that as  long as  there are not  more than                                                               
six plants in  a [single] individual's home at a  time, it really                                                               
doesn't matter.                                                                                                                 
                                                                                                                                
REPRESENTATIVE  CLAMAN restated  his question  of why  the person                                                               
assisting  his  neighbor,  who  has four  adults  living  in  the                                                               
neighbor's house,  bring [24  plants] to his  house to  water and                                                               
assist the neighbor.                                                                                                            
                                                                                                                                
MR. HILYARD  replied "No," because  the committee is  defining it                                                               
that  does not  constitute  assisting for  the  purposes of  this                                                               
paragraph.                                                                                                                      
                                                                                                                                
REPRESENTATIVE   CLAMAN  further   questioned  that   under  this                                                               
language  "I  specifically could  not  bring  them to  my  house,                                                               
whereas,  under  ... if  you  don't  have  these ...  except  the                                                               
language  that is  in the  proposed ...  that I  am proposing  to                                                               
delete  ... you  didn't have  that language  there wouldn't  be a                                                               
basis to say I could take them to my house."                                                                                    
                                                                                                                                
MR. HILYARD replied that he could  take six plants, if there were                                                               
no other plants in his home.                                                                                                    
                                                                                                                                
2:08:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG reiterated  that lines 29-30, "assisting                                                               
under this  paragraph does not  include ..." is confusing.   What                                                               
the  language should  say is  that even  if a  person is  helping                                                               
someone over 21,  the person is criminally liable if  they do the                                                               
following  things ...   He  expressed that  would be  one way  of                                                               
making the language clearer.                                                                                                    
                                                                                                                                
2:10:10 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX expressed that she does  not have a problem with the                                                               
language and will maintain her objection.                                                                                       
                                                                                                                                
A  roll  call  vote  was   taken.    Representatives  Claman  and                                                               
Gruenberg  voted  in  favor  of  Amendment  4.    Representatives                                                               
Foster,  Keller,  Lynn, Millett,  and  LeDoux  voted against  it.                                                               
Therefore,  Amendment  4  failed  the  House  Judiciary  Standing                                                               
Committee by a vote of 2-5.                                                                                                     
                                                                                                                                
2:10:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  moved to report  CSHB 75, as  amended, out                                                               
of   committee   with    individual   recommendations   and   the                                                               
accompanying  fiscal  notes.   There  being  no  objection,  CSHB
75(JUD)   was  reported   from  the   House  Judiciary   Standing                                                               
Committee.                                                                                                                      
                                                                                                                                
2:11:18 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 2:11 to 2:13.                                                                                
                                                                                                                                
          HB 106-UNIFORM INTER.CHILD SUPPORT;PARENTAGE                                                                      
                                                                                                                                
2:13:58 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX announced that the  final order of business would be                                                               
HOUSE BILL  NO. 106, "An  Act relating to the  Uniform Interstate                                                               
Family Support  Act, including jurisdiction  by tribunals  of the                                                               
state,  registration and  proceedings related  to support  orders                                                               
from  other  state  tribunals, foreign  support  orders,  foreign                                                               
tribunals,  and certain  persons residing  in foreign  countries;                                                               
relating to determination of parentage  of a child; and providing                                                               
for  an   effective  date."  [Before   the  committee   was  CSHB
106(STA).]                                                                                                                      
                                                                                                                                
2:14:01 PM                                                                                                                    
                                                                                                                                
CAROL BEECHER,  Deputy Director, Anchorage Central  Office, Child                                                               
Support  Division,  Department  of Revenue,  advised  the  Alaska                                                               
Child Support  Services Division  is authorized under  Title IV-D                                                               
of  the Social  Security  Act and  that the  agency  has been  in                                                               
operation since 1976.  The  mission of the child support division                                                               
is to  collect and disburse  child support of which  it collected                                                               
approximately $112 million in FY14,  and approximately 90 percent                                                               
went directly to  families for support and  10 percent reimbursed                                                               
the  state and  federal government  for public  assistance.   The                                                               
case  load   currently  is  approximately  49,000   cases.    She                                                               
explained that the Uniform Interstate  Family Support Act (UIFSA)                                                               
was  drafted  by  the  Uniform  Law  Commissioners  and  provides                                                               
universal  and  uniform  rules  for  the  enforcement  of  family                                                               
support  orders  between  states.    Alaska  passed  the  Uniform                                                               
Interstate  Family Support  Act in  1996 and  by 1998  all United                                                               
States jurisdictions had  passed UIFSA into law.   She opined the                                                               
rationale for amending UIFSA is  that it was clear some revisions                                                               
were  required to  clarify jurisdictional  and controlling  order                                                               
issues.   The Act was  amended by  the Uniform Law  Commission in                                                               
2001, but  enactment was not  required by  the states.   In 2007,                                                               
the  United States  signed  The Hague  Convention  Treaty on  the                                                               
International  Recovery  of  Child  Support and  Other  Forms  of                                                               
Family  Maintenance (Convention).   She  advised this  Convention                                                               
contains  numerous provisions  that establish  uniform procedures                                                               
for processing international child support cases.                                                                               
                                                                                                                                
2:16:29 PM                                                                                                                    
                                                                                                                                
MS.  BEECHER advised  that  in 2008  the  Uniform Law  Commission                                                               
amended UIFSA to incorporate changes  required by the Convention.                                                               
In 2010 the  United States Senate gave its advice  and consent to                                                               
the treaty.   In September  2014, Public Law  113-183, Preventing                                                               
Sex Trafficking  and Strengthening  Families Act was  signed into                                                               
law.   This  act requires  that all  United States  jurisdictions                                                               
enact  UIFSA  2008  in  their  next  legislative  session.    For                                                               
example, she noted, for Alaska the date is July 1, 2015.                                                                        
                                                                                                                                
2:17:36 PM                                                                                                                    
                                                                                                                                
CHAIR  LEDOUX asked  if there  were  states that  were not  doing                                                               
anything.                                                                                                                       
                                                                                                                                
MS.  BEECHER  responded  that currently  all  states  are  either                                                               
enacting, or it is in their legislature, or it is being drafted.                                                                
                                                                                                                                
2:17:45 PM                                                                                                                    
                                                                                                                                
MS.  BEECHER continued  her  presentation and  stated  that as  a                                                               
condition of  the federal financial  participation, which  is $19                                                               
million for Alaska, each state  child support agency must have an                                                               
approved state  plan which meets  all federal requirements.   The                                                               
Federal Office of Child Support  Enforcement determines whether a                                                               
state plan is approved and it  is requiring states to adopt UIFSA                                                               
2008 verbatim.   The CS  version of HB  106 is because  Version A                                                               
went  before the  Office of  Child Support  Enforcement and  they                                                               
prepared  amendments so  that the  bill would  be verbatim.   She                                                               
advised this was also reviewed  by Legislative Legal and Research                                                               
Services  and  the Department  of  Revenue's  legal staff.    She                                                               
opined that this  bill will amend UIFSA and  that most amendments                                                               
contain  clean  up  language and  clarifying  definitions.    She                                                               
pointed out  that the  primary change  is the  addition of  a new                                                               
section, Article 7A. [Support  Proceedings under Convention] Sec.                                                               
96, [AS  25.25 is  amended by  adding a  new section.],  page 31.                                                               
She  advised  that  this  new  section  provides  guidelines  and                                                               
procedures  for the  registration, recognition,  enforcement, and                                                               
modification of  foreign support  orders from countries  that are                                                               
parties to  the Convention.   To date,  33 countries  have signed                                                               
onto the Convention.  Passage of  this bill will provide a better                                                               
opportunity for  Alaska's children to receive  child support from                                                               
parents that  live in a foreign  country.  She noted  that Alaska                                                               
already enforces  foreign support cases when  the parent provides                                                               
sufficient documentation,  and that  there are  processes similar                                                               
to the  way the agency  currently enforces between states.   But,                                                               
she  further noted,  this  tends to  be a  one-way  street.   The                                                               
agency enforces foreign order orders  but many countries will not                                                               
enforce  United States'  orders  outside of  a treaty  agreement.                                                               
The new section  of UIFSA will not go in  effect until the treaty                                                               
is ratified.   Until then states will continue  to enforce orders                                                               
in the same way it currently enforces.                                                                                          
                                                                                                                                
2:20:34 PM                                                                                                                    
                                                                                                                                
STACY  STEINBERG,  Chief  Assistant Attorney  General,  Statewide                                                               
Section  Supervisor,  Collections   and  Support  Section,  Civil                                                               
Division, pointed out that there are  106 section in the bill and                                                               
offered an overview  sectional analysis.  She  described the meat                                                               
of  the bill  as Sec.  96, which  is a  new article  dealing with                                                               
foreign  support  orders  from  the Convention  countries.    She                                                               
reiterated Ms. Beecher  in that current law  already provides for                                                               
Alaska to enforce foreign orders and  this needs to become a two-                                                               
way street for  the other countries to enforce our  orders.  Sec.                                                               
96, adds 13 new statutes  that deal with processing requests from                                                               
other  countries.    Basically,  she explained,  it  mirrors  the                                                               
current  process  in   Article  VI,  which  is   how  orders  are                                                               
registered now.   There are a  few differences on the  time frame                                                               
for objecting to  the registration.  She referred to  Sec. 20, AS                                                               
25.25.104  [Application of  this chapter  to resident  of foreign                                                               
country and  foreign support proceedings] and  stated it includes                                                               
the  2008  changes.   There  will  also  be  a new  section,  she                                                               
explained, that  deals with the  procedure to register  a foreign                                                               
support  order  and  designation  whether  using  Article  VI  or                                                               
Article  VII processes,  in Sec.  95 of  the bill.   Another  new                                                               
statute,  AS 25.25.402,  deals with  parentage  and was  recently                                                               
moved  from what  was formerly  .701, so  only Article  VII deals                                                               
with the  foreign support orders.   She offered that there  are a                                                               
host of  other changes directly  related to the new  Article VII,                                                               
of which  many deal with definitions.   Under the act  there is a                                                               
legal fiction that  a foreign country can be a  "state," which is                                                               
being  deleted so  that  a  foreign country  is  truly a  foreign                                                               
country.  She  remarked that it results in  many statute changes,                                                               
including Secs.  1-16, as  there are new  definitions.   She said                                                               
she determined there are 21 statutes  that will be amended to add                                                               
either foreign  country, or foreign  tribunal, or  define outside                                                               
the state,  which results in  23 new sections  of the bill.   She                                                               
related there  is clean up language  fixing cross-references, and                                                               
providing for  notice by electronic  mail.  She opined  there are                                                               
many changes but the meat of it is in Sec. 96.                                                                                  
                                                                                                                                
2:24:37 PM                                                                                                                    
                                                                                                                                
MS.  STEINBERG continued  her analysis  in that  by adopting  the                                                               
2008  version, the  committee would  be in  essence adopting  the                                                               
2001 changes by  the Uniform Law Commission.   She reiterated Ms.                                                               
Beecher in  that the  state is currently  under the  1996 version                                                               
because  that is  what the  federal government  has mandated  for                                                               
funding, and Alaska  is required to update the 2001  changes.  In                                                               
the statute,  she remarked  what is related  to the  2001 changes                                                               
and in essence,  she related, are clarifying changes  to the laws                                                               
already on  the books.  In  2001, the state had  been using UIFSA                                                               
for  approximately 15  years and  the  drafters realized  certain                                                               
areas needed  to be "tweaked," she  opined.  As part  of the 2001                                                               
changes there will  be 3 new statutes, in that  there is a change                                                               
in Sec. 40, AS 25.25.280 which  deals with the application of the                                                               
act   to  a   non-resident  subject   to  the   state's  personal                                                               
jurisdiction.    Another new  statute,  AS  25.25.615 deals  with                                                               
jurisdiction  to  modify  a  child support  order  of  a  foreign                                                               
country,  if that  foreign country  either lacks  jurisdiction or                                                               
refuses jurisdiction  to modify in  Sec. 95.  AS  25.25.281 deals                                                               
with spousal support in that  a state can modify spousal support.                                                               
When is also in Sec. 40, of the  bill and is not a new section as                                                               
these provision  are already  in current  law in  AS 25.25.205(f)                                                               
and  .206(C).    She  explained that  the  drafter  pulled  those                                                               
sections out and put them in  their own stand alone section.  For                                                               
example, the  court that  sets spousal  support will  always have                                                               
jurisdiction over spousal support and  is the only court that can                                                               
modify it, which  is different from the rules  on modifying child                                                               
support.  She pointed out that  21 sections of the bill deal with                                                               
more  clarifying  amendments,  for  example,  what  court  should                                                               
determine  the  controlling  order.   The  clarifying  amendments                                                               
touch  29 different  statutes and  there are  51 sections  in the                                                               
bill that deal with that, she explained.                                                                                        
                                                                                                                                
2:28:10 PM                                                                                                                    
                                                                                                                                
MS.  STEINBERG  responded  to  Chair  LeDoux  that  the  bill  is                                                               
something she and Ms. Beecher work  with everyday and do not find                                                               
it confusing.   She noted  it is  an excellent vehicle  for child                                                               
support  as when  it  was  enacted in  1996,  it was  problematic                                                               
dealing  with enforcing  child support  orders through  different                                                               
states.   Under this  uniform law  enacted in  1996, it  made the                                                               
process much  more efficient with  the states  communicating with                                                               
the same  laws.  She  remarked that  this bill expands  it beyond                                                               
just the  states in  taking it  to a more  global level  with the                                                               
main  intent that  children do  get support  no matter  where the                                                               
parent resides.                                                                                                                 
                                                                                                                                
2:29:53 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX  stated that she  sees the  good intent of  the bill                                                               
but  it bothers  her somewhat  that if  the legislature  does not                                                               
pass this bill verbatim that "it's no good."                                                                                    
                                                                                                                                
MS. STEINBERG  responded that is  her understanding as  they have                                                               
worked  closely  with  the  Federal   Office  of  Child  Support.                                                               
Congress changed the law that  applies to child support agencies,                                                               
and basically, in  that law, changed the language  to the states'                                                               
requirement to adopt from UIFSA 1996  to UIFSA 2008.  She advised                                                               
she has  been contact  with the Federal  Office of  Child Support                                                               
and it  has interpreted  it to  mean that  each state  must adopt                                                               
this in its  next legislative session in order to  continue to be                                                               
eligible.  She  explained that as part of its  funding, the state                                                               
must  provide  a  state  plan  and the  state  plan  must  be  in                                                               
compliance in order to continue to receive funding.                                                                             
                                                                                                                                
CHAIR  LEDOUX expressed  that she  is uncomfortable  to have  the                                                               
federal government  say "you  have to adopt  this in  exactly the                                                               
form we want it in, or it's  no good."  Within most uniform rules                                                               
there  are differences  between Alaska  and California  and Iowa,                                                               
even  though  they   may  be  small  differences,   and  are  all                                                               
substantially  the same.   She  asked that  an attorney  from the                                                               
federal government who deals with  child support and this statute                                                               
attend the next meeting.                                                                                                        
                                                                                                                                
2:31:40 PM                                                                                                                    
                                                                                                                                
MS.  STEINBERG  replied  that   in  previous  committee  hearings                                                               
someone  from  the  Federal  Office   of  Child  Support  testify                                                               
regarding the verbatim requirement  and how that affects funding.                                                               
Also  available   will  be  Ms.   Lindsay  Beaver,   Uniform  Law                                                               
Commission, to explain the uniform  laws.  Part of the reasoning,                                                               
she remarked, regarding uniformity  amongst the states is related                                                               
to  a uniform  processes and  mentioned  that a  few tweaks  were                                                               
allowed as  "we call  it the bracketed  language."   For example,                                                               
not  every  state calls  their  child  support agency  the  Child                                                               
Support Services  Agency, but  the actual  substance of  the bill                                                               
cannot be changed.                                                                                                              
                                                                                                                                
CHAIR  LEDOUX asked  whether the  foreign countries  are adopting                                                               
something that is absolutely identical to the bill.                                                                             
                                                                                                                                
MS.  STEINBERG answered  that the  foreign countries  have signed                                                               
the Convention,  and as  part of the  Convention or  treaty, they                                                               
have to agree  to do certain things.  The  Convention is outlined                                                               
as  an exhibit  to the  committee's packet,  which is  similar to                                                               
Article VII  regarding documents  that must  be provided  and due                                                               
process.                                                                                                                        
                                                                                                                                
2:33:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   CLAMAN  surmised   that  the   whole  topic   of                                                               
collecting child  support internationally  became the  subject of                                                               
The Hague Convention Treaty that  basically said if both sides of                                                               
the countries  sign onto the  treaty that both sides  can collect                                                               
in each other's country.                                                                                                        
                                                                                                                                
MS. STEINBERG  responded "That is  essentially correct,"  in that                                                               
prior  to  The  Hague  Convention the  Federal  Office  of  Child                                                               
Support would  contract with different countries  with Bi-Lateral                                                               
Treaties  or  Reciprocating  Agreements with  specific  countries                                                               
like Canada and  the Canadian Provinces.  The problem  is that it                                                               
is very time  consuming and each treaty  had different provisions                                                               
on the forms.  She described  that currently there is a "new age"                                                               
approach  where   instead  of  trying  to   negotiate  with  each                                                               
individual  country  that the  countries  come  together and  all                                                               
agree to the same set of forms and processes.                                                                                   
                                                                                                                                
2:34:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CLAMAN confirmed  that The  Hague Convention  was                                                               
the means  as opposed to the  United States making one  deal with                                                               
Canada and another  with Mexico.  The countries could  sign on to                                                               
The Hague Convention, with the  United State Senate, and that all                                                               
countries refer  to The  Hague Convention as  a means  of dealing                                                               
with this.                                                                                                                      
                                                                                                                                
MS. STEINBERG responded  in the affirmative and said  it makes it                                                               
more  efficient.   She  noted  that  part  of  the reason  it  is                                                               
critical for each  state to adopt this language  verbatim is that                                                               
this  language  is needed  to  implement  the provisions  of  the                                                               
Convention because all of the  states enforce child support.  The                                                               
federal  government directly  does not  address it  through their                                                               
federal courts.   In order for the United States  to do the final                                                               
ratification process  the United States  must be prepared  to say                                                               
it  can  do   all  the  steps  required   under  the  Convention.                                                               
Basically  it does  not allow  another country  to come  into the                                                               
United States  - it  allows that the  United States  will provide                                                               
services to them and will  enforce their order, and likewise will                                                               
send a foreign  order to the Polish central  authority to enforce                                                               
the United States'  child support against one  of their citizens.                                                               
Another  provision is  that even  though the  United States  does                                                               
some  enforcement  of  foreign   countries  because  law  already                                                               
provides for  it, it  makes it better  due to  translation costs,                                                               
which can  be very  expensive.   Some of  the provisions  will be                                                               
very  helpful  just  in  assisting  the  Child  Support  Services                                                               
Division with its enforcement.   She noted that the Child Support                                                               
Services  Division   had  to  pay  $1,500   for  three  different                                                               
translations in order to register  an order in Alaska and enforce                                                               
it.    Under  Article  VII,  if  it  is  one  of  the  Convention                                                               
countries,  it reads  that the  country  must provide  a copy  in                                                               
their native language and a certified translation in English.                                                                   
                                                                                                                                
2:37:42 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX asked  why Child Support Services  Division pays for                                                               
the cost  of translation  currently, as  normally if  a plaintiff                                                               
presents  an   order  to  the   court  the  plaintiff   pays  the                                                               
translating fee.                                                                                                                
                                                                                                                                
MS.  STEINBERG responded  that  Child  Support Services  Division                                                               
provides services to parents and  is required to enforce an order                                                               
for the parent which means the  order must be registered in court                                                               
before  enforcing  it.    Child   Support  Services  Division  is                                                               
required  to obtain  the translation  so it  can be  enforced for                                                               
that parent.                                                                                                                    
                                                                                                                                
MS.  STEINBERG, in  response  to Chair  LeDoux,  stated that  the                                                               
statute  does not  require that  the state  pay for  the cost  of                                                               
translating,  but it  is part  of  registering an  order and  the                                                               
parties must understand what it says.                                                                                           
                                                                                                                                
2:38:55 PM                                                                                                                    
                                                                                                                                
CHAIR  LEDOUX said  that Child  Support  Services Division  could                                                               
require the  parent to  have the order  translated, if  it wanted                                                               
to.                                                                                                                             
                                                                                                                                
2:39:11 PM                                                                                                                    
                                                                                                                                
MS. BEECHER  responded that Chair  LeDoux is correct in  that the                                                               
agency could require the parent  to pay, but the custodial parent                                                               
is requesting  services so she/he  can receive child  support and                                                               
the expense  is so high  they cannot  afford it, the  agency does                                                               
view it as a service it provides.                                                                                               
                                                                                                                                
CHAIR  LEDOUX quiered  if there  was  a means  test to  determine                                                               
whether a custodial parent can use the agency's services.                                                                       
                                                                                                                                
MS. BEECHER responded "There is not."                                                                                           
                                                                                                                                
CHAIR  LEDOUX  assessed that  a  custodial  parent could  have  a                                                               
$200,000  income   and  the  state   would  still  pay   for  the                                                               
translation services.                                                                                                           
                                                                                                                                
MS. BEECHER answered that it is possible.                                                                                       
                                                                                                                                
2:39:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN pointed out  that the federal government is                                                               
telling the  states they all  have to adopt the  same provisions.                                                               
He said he is sensitive to  government overreach but this is more                                                               
on  an international  level.   He opined  that it  would be  more                                                               
difficult  if every  state took  a  different path  in its  child                                                               
support rules.                                                                                                                  
                                                                                                                                
MS. BEECHER answered in the affirmative.                                                                                        
                                                                                                                                
2:41:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN  asked whether it  is part of  the scenario                                                               
today,  without   adopting  this  legislation,  that   there  are                                                               
countries  that come  to Alaska  and collect  child support  from                                                               
Alaska  residents, but  because Alaska  has not  adopted statutes                                                               
that would allow enforcement of  The Hague Convention that Alaska                                                               
cannot go to  some countries and collect child  support from that                                                               
country.                                                                                                                        
                                                                                                                                
MS. BEECHER offered  that the scenario is possible,  but she does                                                               
not  have  a  specific  example.   Due  to  the  fact  that  many                                                               
countries  will not  collect without  a treaty  provision, it  is                                                               
possible they will not collect for Alaska.                                                                                      
                                                                                                                                
2:42:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN  opined that Poland  is a country  in which                                                               
it can  collect in Alaska today,  but because the statute  is not                                                               
in line  with The Hague  Convention, Poland does  not necessarily                                                               
enforce Alaska's orders.                                                                                                        
                                                                                                                                
MS. BEECHER offered to provide  more specifics on that issue, but                                                               
in a  general sense the situation  is that the United  States has                                                               
the structure,  including Alaska,  for collecting  child support.                                                               
She noted that even in the  area of enforcement with other states                                                               
there are  disagreements on what can  be collected and how  to go                                                               
about  it.   She assessed  that  the same  situation occurs  when                                                               
Child  Support Services  Division attempts  to enforce  a support                                                               
order to another country.                                                                                                       
                                                                                                                                
2:43:22 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX  questioned that  if the  United States  is allowing                                                               
another  country to  collect  and use  Alaska  courts to  collect                                                               
child support,  and the other  country is not  enforcing Alaska's                                                               
child support orders, "why not play hard ball with them."                                                                       
                                                                                                                                
MS.  BEECHER  responded that  as  a  general rule  Child  Support                                                               
Services Division  is required to provide  child support services                                                               
to   people  who   provide  the   agency  with   the  appropriate                                                               
documentation to  open a child  support [case].  The  agency does                                                               
not view it  from the perspective of Alaska and  the country, but                                                               
rather as one person who needs  the child support to be collected                                                               
for them.                                                                                                                       
                                                                                                                                
CHAIR LEDOUX questioned  whether that would be  the person living                                                               
in the other country collecting from an Alaskan citizen.                                                                        
                                                                                                                                
MS.  BEECHER answered  that it  could be  either way  wherein the                                                               
custodial parent  lives in Alaska  and the agency reaches  out to                                                               
the other  country to  collect from  the non-custodial  parent in                                                               
another country,  or the custodial  parent could live  in another                                                               
country and contact Alaska to collect for it.                                                                                   
                                                                                                                                
2:44:36 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX expressed  her concern that Alaskan  courts are used                                                               
to collect money  for Alaskan citizens which would  go to another                                                               
country, while the other country  was not honoring Alaska's child                                                               
support orders.                                                                                                                 
                                                                                                                                
MS. BEECHER agreed that the  scenario could occur.  She clarified                                                               
that Alaska is an administrative state  so most of the "orders we                                                               
do are administratively administered."                                                                                          
                                                                                                                                
CHAIR LEDOUX asked Ms. Beecher to explain her statement.                                                                        
                                                                                                                                
MS. BEECHER  explained that the  agency has the authority  to set                                                               
up cases and  enforce them unless they are set  up in the courts.                                                               
She further explained that someone  could go to divorce court and                                                               
as part of that proceeding child  support was set, and the agency                                                               
could enforce it for the courts, but set it up in court.                                                                        
                                                                                                                                
CHAIR LEDOUX  questioned that in  a child support  proceeding, if                                                               
the custodial parent  lives in Alaska wouldn't  the parent simply                                                               
use Alaska  courts to  obtain another child  support order.   She                                                               
further  questioned  why  the  agency  would  enforce  the  child                                                               
support  order from  Poland,  or  Brazil, or  Cuba,  in that  why                                                               
wouldn't the parent just have one from here.                                                                                    
                                                                                                                                
2:46:09 PM                                                                                                                    
                                                                                                                                
MS.  STEINBERG  answered  that  statute  reads  if  there  is  no                                                               
existing  child support  order,  the  court will  set  one.   She                                                               
further  answered that  if  there is  already  an existing  child                                                               
support order  Child Support Services  Division will  enforce it.                                                               
Unless  there is  something  wrong with  the  foreign order,  the                                                               
order will  be enforced and not  put another order on  top of it,                                                               
she said.   It goes  against the  whole principle of  the uniform                                                               
act  which reads  "there  should be  one order  in  time for  the                                                               
child," so  it is clear.   She explained there are  rules set out                                                               
in the act of when another jurisdiction can modify that order.                                                                  
                                                                                                                                
CHAIR LEDOUX  asked how it  works if  a child support  order from                                                               
another jurisdiction is more generous  than a child support order                                                               
from Alaska.   Different countries, different  cultures, may have                                                               
different  views  of  divorce,  and  the  obligation  to  support                                                               
children, she pointed out.                                                                                                      
                                                                                                                                
MS. STEINBERG replied  that under the current  process Alaska has                                                               
that problem within other states.   She explained that each state                                                               
is required  to have  their own set  of child  support guidelines                                                               
and the requirement  is that they have to be  numeric and have to                                                               
be considered  on an economic  basis.   She said it  is permitted                                                               
under the  current system so  if Child Support  Services Division                                                               
has the  child support  order it  will enforce  it and  often the                                                               
order is in  different amounts.  That order is  enforced until it                                                               
is modified  and there  are a set  of rules as  to what  point in                                                               
time another state can modify an order.                                                                                         
                                                                                                                                
2:49:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER requested clarification  in that the treaty                                                               
is not ratified until the states comply with the bill.                                                                          
                                                                                                                                
MS. BEECHER replied "That is correct."                                                                                          
                                                                                                                                
2:49:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  said he found  it novel as instead  of the                                                               
United  States  Senate  voting  to ratify  or  not  ratify,  they                                                               
evidentially changed the  law to say that all  states must comply                                                               
in order for  it to work.   He described the bill  in the context                                                               
of a threat that "if you don't do  this we are going to take your                                                               
money away,"  and referred to  comments by the Department  of Law                                                               
that  the bill  is  for  Alaska's benefit  because  it had  input                                                               
through its uniform commissioners.   He opined that Alaskans have                                                               
more access  to Senators Murkowski  and Sullivan than they  do to                                                               
the  Uniform  Law Commissioners.    He  described  it as  an  odd                                                               
process  put upon  Alaska by  the United  States Congress  and it                                                               
appears  heavy handed  and  also impossible  in  that all  states                                                               
would pass the legislation verbatim.                                                                                            
                                                                                                                                
MS.  BEECHER  responded that  this  is  an unprecedented  way  of                                                               
dealing  with what  is essentially  a treaty.   She  explained it                                                               
could be interpreted as being  much more beneficial to the states                                                               
and  rather   anti-federalist  because  it  puts   the  vote  for                                                               
ratification in the states' hands  by way of requiring each child                                                               
support agency to adopt the  amendments to the Uniform Interstate                                                               
Family Support  Act.  The  Uniform Interstate Family  Support Act                                                               
was drafted  by the Uniform  Law Commission  but it was  based on                                                               
input from  all of the  various states.   The language  itself is                                                               
the vehicle  of child support  agencies across the  United States                                                               
that have  worked together  to figure out  ways to  enforce child                                                               
support across the  line.  Rather than having  language that came                                                               
down from  a signed treaty  from the federal  government, written                                                               
by the  federal government, telling  states they must  enforce it                                                               
and  this is  the  language.   Instead,  she  noted, the  federal                                                               
government chose  to use  the uniform act  that was  working well                                                               
between  the  states  and  has   been  an  excellent  vehicle  in                                                               
enforcing interstate child support orders.                                                                                      
                                                                                                                                
REPRESENTATIVE KELLER said  he found it unsettling  as it appears                                                               
to be an administrative act that  Alaska is being told to "rubber                                                               
stamp" this,  and trust us.   It  comes from the  federal system,                                                               
and everyone has  a different evaluation but 18  trillion in debt                                                               
and climbing ...                                                                                                                
                                                                                                                                
2:53:38 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX asked  if Congress will ratify  this Convention once                                                               
the  states  have  adopted  the  bill,  or  is  the  ratification                                                               
automatic after the states have adopted the bill.                                                                               
                                                                                                                                
MS. STEINBERG  responded that President  Barack Obama  signed the                                                               
treaty,  then the  treaty goes  through the  ratification process                                                               
and noted  that the Senate  already gave its advice  and consent.                                                               
The next step is that  all states adopt the implementing language                                                               
for the  Convention because the  United States  has to say  it is                                                               
going to do these  things, and the things it agrees  to do are in                                                               
the bill.   After all 50 states have adopted  the legislation, it                                                               
goes  back  to  the  President   Obama  to  officially  sign  the                                                               
Instruments  of Ratification  that  are then  deposited with  the                                                               
Kingdom  of  the Netherlands.    Normally  with  a treaty  it  is                                                               
ratified by the United States Senate  and it gives its advice and                                                               
consent.   This is a different  approach in that the  states have                                                               
the implementing language so basically  the United States can say                                                               
it has  all of the  procedures in  place to enforce  "your" child                                                               
support  orders.   She reiterated  Ms. Beecher  in that  from the                                                               
child  support perspective  it is  seen as  a good  thing because                                                               
child  support agencies  had input,  and state  law commissioners                                                               
drafted the changes specifically.                                                                                               
                                                                                                                                
2:55:57 PM                                                                                                                    
                                                                                                                                
MS.  STEINBERG  responded  to Representative  Gruenberg  that  if                                                               
Alaska is going  to set a divorce and the  father lives in Poland                                                               
and has never  been to Alaska, Alaska will  not have jurisdiction                                                               
to set  a child  support order  over him.   Alaska does  not have                                                               
personal jurisdiction in that situation  so the mother could come                                                               
to Child  Support Services Division  and ask for  its assistance.                                                               
Child  Support  Services  Division  would  then  ask  the  Poland                                                               
authorities to set a child support order for the mother.                                                                        
                                                                                                                                
CHAIR LEDOUX assessed that even the  existence of the child is an                                                               
action as to  the conception of the child being  an action of the                                                               
person  in Poland.   That  action, having  impregnated the  woman                                                               
living  in Alaska,  would it  not  be enough  to confer  personal                                                               
jurisdiction.   In  many cases,  personal jurisdiction  meant the                                                               
person had  to be there in  order to confer, and  then the courts                                                               
expanded that  with "minimum  contacts."   She asked  whether the                                                               
existence  of the  child  in  Alaska would  be  enough to  confer                                                               
minimum contacts according to Alaska laws.                                                                                      
                                                                                                                                
2:59:52 PM                                                                                                                    
                                                                                                                                
MS. STEINBERG  related that  the mere existence  of the  child in                                                               
Alaska would  not be  sufficient minimum  contacts.   Alaska does                                                               
have strong "long arm" provisions when  a person is not in Alaska                                                               
setting  up  the  fictions  as  minimum  contacts.    Under  this                                                               
scenario if  the father has  never been to Alaska,  Alaska courts                                                               
do  not  have personal  jurisdiction.    Alaska has  due  process                                                               
standards  and  Poland  could  look   at  the  Alaska  order  and                                                               
determine  that the  Polish  citizen was  not  given notice,  and                                                               
Alaska does not  have jurisdiction over him so  would not enforce                                                               
the order,                                                                                                                      
                                                                                                                                
3:00:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  opined it  would not make  a difference                                                               
if there was notice, as notice  does not confer jurisdiction.  He                                                               
pointed out  that within  the Alaska Civil  Code of  Procedure an                                                               
article    that   deals    with   jurisdiction    in   Jonz    v.                                                             
Garrett/AireSearch  Corp., 490  P.2d  1197  (Alaska 1971),  which                                                             
basically says the  same as the California long  arm statute, and                                                               
if  there is  jurisdiction under  the United  States Constitution                                                               
there is jurisdiction  in Alaska.  Under child  custody it's more                                                               
of an  in rem  situation and if  the child is  in Alaska  for six                                                               
months there is  jurisdiction even if the other parent  is not in                                                               
Alaska.   He advised support works  like this and it  is somewhat                                                               
antiquated                                                                                                                      
                                                                                                                                
3:01:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CLAMAN  asked  what  exactly  the  United  States                                                               
Senate did when it considered the  bill.  He further asked how it                                                               
can take  up the bill for  consideration but not give  advice and                                                               
consent and somehow do something  "wrung off."  He requested more                                                               
information about exactly  what the United States  Senate did and                                                               
how it  fits in.   The legislation is dealing  with international                                                               
situations and the  notion that every state "gets" to  do its own                                                               
thing in the international context  is appealing from the state's                                                               
power, but  is not consistent  with the  notion that "we  are one                                                               
nation and we work with other nations."                                                                                         
                                                                                                                                
MS.  BEECHER asked  whether Representative  Claman was  referring                                                               
specifically to  the United States  Senate advice and  consent to                                                               
the treaty.                                                                                                                     
                                                                                                                                
REPRESENTATIVE CLAMAN  said it appears  the United  States Senate                                                               
took   some  action   in  2010,   but  it   was  different   from                                                               
ratification.   He stated  there was  a vote  in the  Senate that                                                               
approved it, but  it is more complicated than  simply saying here                                                               
is the treaty, it was approved  and given advice and consent.  He                                                               
offered that  it did something less  than that and would  like to                                                               
understand what it did.                                                                                                         
                                                                                                                                
3:03:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN   requested  a  simplistic  answer   to  his                                                               
question of  what would happen  if this  bill failed to  pass the                                                               
Alaska legislature.                                                                                                             
                                                                                                                                
MS.  BEECHER offered  that the  Alaska Child  Support program  is                                                               
required to  have an approved state  plan and it must  be in line                                                               
with federal requirements.  Public  Law 113-183 mandated that all                                                               
states  adopt UIFSA  2008 by  the  end of  its first  legislative                                                               
session.                                                                                                                        
                                                                                                                                
MS.  BEECHER responded  to Representative  Lynn  that Public  Law                                                               
113-183 was  passed by the  United States Congress and  signed by                                                               
President  Obama on  September 29,  2014.   The consequences  are                                                               
that Alaska would  not be eligible for the 66  percent match, and                                                               
it  would also  follow into  the Temporary  Assistance for  Needy                                                               
Families  (TANF) block  grant which  is at  $45 million  that the                                                               
state  receives.   She  explained  that  would  also be  at  risk                                                               
because  Alaska is  required to  have an  approved child  support                                                               
agency  in  order  to  receive  the grant  funds.    The  federal                                                               
government told the  agency that Alaska funds are at  risk and it                                                               
is mandated to  follow the law in order to  be eligible for those                                                               
funds.                                                                                                                          
                                                                                                                                
3:04:48 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX  questioned whether the  treaty becomes law  if only                                                               
49 states  pass the legislation, or  can Alaska hold it  up if it                                                               
so chose.                                                                                                                       
                                                                                                                                
MS. BEECHER  answered it is  the agency's understanding  that all                                                               
United States  jurisdictions must pass  UIFSA 2008 to  ratify the                                                               
treaty.  Essentially, she noted,  the treaty would not pass until                                                               
Alaska conceded to that vote.                                                                                                   
                                                                                                                                
CHAIR LEDOUX advised  she is holding the bill  over and requested                                                               
that  a federal  attorney experienced  in UIFSA  attend the  next                                                               
meeting.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  GRUENBERG requested  that a  uniform commissioner                                                               
also attend the next meeting.                                                                                                   
                                                                                                                                
[HB 106 was held over.]                                                                                                         
                                                                                                                                
3:05:58 PM                                                                                                                    
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Judiciary Standing Committee meeting was adjourned at 3:05 p.m.                                                                 
| Document Name | Date/Time | Subjects | 
|---|---|---|
| CSHB106(STA) Brief Synopsis 032615.pdf | 
                    
HJUD       3/27/2015 1:00:00 PM | 
                
                    
HB 106 | 
            
| HB106 Fiscal Note-0897-DOR-CSS-2-6-15.pdf | 
                    
HJUD       3/27/2015 1:00:00 PM | 
                
                    
HB 106 | 
            
| HB106 Fiscal Note-JUD.pdf | 
                    
HJUD       3/27/2015 1:00:00 PM | 
                
                    
HB 106 | 
            
| HB106 Fiscal Note-LAW.pdf | 
                    
HJUD       3/27/2015 1:00:00 PM | 
                
                    
HB 106 | 
            
| HB106 Sectional Analysis - CSHB106(STA).pdf | 
                    
HJUD       3/27/2015 1:00:00 PM | 
                
                    
HB 106 | 
            
| HB106 Sponsor Statement.pdf | 
                    
HJUD       3/27/2015 1:00:00 PM | 
                
                    
HB 106 | 
            
| HB106 Supporting Document - Murkowksi Letter.pdf | 
                    
HJUD       3/27/2015 1:00:00 PM | 
                
                    
HB 106 | 
            
| HB106 ver W.PDF | 
                    
HJUD       3/27/2015 1:00:00 PM | 
                
                    
HB 106 | 
            
| CS HB 75 Version V.pdf | 
                    
HJUD       3/27/2015 1:00:00 PM | 
                
                    
HB  75 |