Legislature(1997 - 1998)

05/05/1998 03:20 PM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
              SENATE JUDICIARY COMMITTEE                                       
                     May 5, 1998                                               
                      3:20 p.m.                                                
                                                                               
                                                                               
MEMBERS PRESENT                                                                
                                                                               
Senator Robin Taylor, Chairman                                                 
Senator Mike Miller                                                            
Senator Sean Parnell                                                           
                                                                               
MEMBERS ABSENT                                                                 
                                                                               
Senator Drue Pearce, Vice Chairman                                             
Senator Johnny Ellis                                                           
                                                                               
COMMITTEE CALENDAR                                                             
                                                                               
CS FOR HOUSE BILL NO. 406(FIN) am(efd fld)                                     
"An Act authorizing the Board of Fisheries and the Board of Game to            
identify fish and game that are taken for subsistence and to                   
identify subsistence and nonsubsistence areas; relating to the                 
establishment of preferences for and to regulation of subsistence              
fishing and hunting; relating to advisory committees."                         
                                                                               
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 189(JUD) am                       
"An Act relating to sale, gift, exchange, or distribution of                   
tobacco and tobacco products."                                                 
                                                                               
CS FOR HOUSE BILL NO. 252(FIN)                                                 
"An Act relating to criminal records; relating to notice about and             
registration of sex offenders and child kidnappers; and amending               
Rules 11(c) and 32(c), Alaska Rules of Criminal Procedure; and                 
providing for an effective date."                                              
                                                                               
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 366(title am)                            
"An Act prohibiting a court from finding that a minor is a child in            
need of aid solely on the basis that the child's family is poor,               
lacks adequate housing, or lives a lifestyle that is different from            
the generally accepted lifestyle standard of the community where               
the family lives."                                                             
                                                                               
CS FOR HOUSE JOINT RESOLUTION NO. 44(RLS) am                                   
Proposing amendments to the Constitution of the State of Alaska                
relating to redistricting and reapportionment of the legislature;              
repealing obsolete language setting out the apportionment schedule             
used to elect members of the first state legislature.                          
                                                                               
                                                                               
PREVIOUS SENATE COMMITTEE ACTION                                               
                                                                               
HB 406 - See Judiciary minutes dated 4/25/98, 5/1/98, 5/4/98.                  
                                                                               
HB 189 - HESS minutes dated 1/16/98, 1/28/98, 1/30/98.                         
                                                                               
HB 252 - No previous action to record.                                         
                                                                               
HB 366 - See Senate HESS minutes dated 5/1/98.                                 
                                                                               
HJR 44 - See Judiciary minuted dated 4/29/98.                                  
                                                                               
WITNESS REGISTER                                                               
                                                                               
Ms. Harriet Miyasato Beleal                                                    
2205 Klamath                                                                   
Anchorage, AK 99517                                                            
  POSITION STATEMENT:  Testified in opposition to HB 406                       
                                                                               
Theo Matthews                                                                  
P.O. Box 389                                                                   
Kenai, AK 99611                                                                
  POSITION STATEMENT:  Outlined suggested changes to HB 406                    
                                                                               
Lynn Levengood                                                                 
931 Vide Way                                                                   
Fairbanks, AK 99712                                                            
  POSITION STATEMENT:  Outlined suggested changes to HB 406                    
                                                                               
Steve White, Assistant Attorney General                                        
Natural Resources Section                                                      
Department of Law                                                              
P.O. Box 110300                                                                
Juneau, AK 99811-0300                                                          
  POSITION STATEMENT:  Commented on HB 406                                     
                                                                               
Representative John Cowdery                                                    
State Capitol                                                                  
Juneau, AK 99801-1182                                                          
  POSITION STATEMENT:  Prime Sponsor of HB 189                                 
                                                                               
Ms. Anne Marie Holan                                                           
4201 Tudor Centre, #105                                                        
Anchorage, AK 99508                                                            
  POSITION STATEMENT:  Testified in support of HB 189                          
                                                                               
Ms. Delisa Culpepper                                                           
P.O. Box 196650                                                                
Anchorage, AK 99519                                                            
  POSITION STATEMENT:  Testified in support of HB 189                          
                                                                               
Ms. Joyanne Bloom                                                              
Juneau Tobacco Prevention Network                                              
883 Basin Road                                                                 
Juneau, AK 99801                                                               
  POSITION STATEMENT:  Testified in support of HB 189                          
                                                                               
Ms. Anne Carpeneti, Assistant Attorney General                                 
Criminal Division                                                              
Department of Law                                                              
P.O. Box 110300                                                                
Juneau, AK 99811-0300                                                          
  POSITION STATEMENT:  Offered information on HB 189                           
                                                                               
Representative Joe Ryan                                                        
State Capitol                                                                  
Juneau, AK 99801-1182                                                          
  POSITION STATEMENT:  Prime Sponsor of HB 252                                 
                                                                               
Captain Ted Bachman                                                            
Division of Alaska State Troopers                                              
Department of Public Safety                                                    
5700 E. Tudor Road                                                             
Anchorage, AK 005-7                                                            
  POSITION STATEMENT:  Voiced department's support for HB 252                  
                                                                               
Ms. Jayne Andreen, Executive Director                                          
Council on Domestic Violence & Sexual Assault                                  
Department of Public Safety                                                    
P.O. Box 111200                                                                
Juneau, AK 99811-1200                                                          
  POSITION STATEMENT:  Testified in support of HB 252                          
                                                                               
Representative Fred Dyson                                                      
State Capitol                                                                  
Juneau, AK 99801-1182                                                          
  POSITION STATEMENT:  Prime Sponsor of HB 366                                 
                                                                               
Ms. Lisa Torkelson, Staff to Representative Dyson                              
State Capitol                                                                  
Juneau, AK 99801-1182                                                          
  POSITION STATEMENT:  Offerd information on HB 366                            
                                                                               
                                                                               
Ralph Bennett, Committee Aide to Senate Judiciary                              
 Committee                                                                     
State Capitol                                                                  
Juneau, AK 99801-1182                                                          
  POSITION STATEMENT:  Outlined changes in SCS CSHJR 44(JUD)                   
                                                                               
                                                                               
ACTION NARRATIVE                                                               
TAPE 98-51, SIDE A                                                             
Number 001                                                                     
                                                                               
CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to                
order at 3:20 p.m.                                                             
                                                                               
  CSHB 406(FIN) am(efd fld) - SUBSISTENCE USES OF FISH AND GAME                
                                                                               
CHAIRMAN TAYLOR brought HB 406 before the committee and stated                 
testimony would be taken from individuals who were not able to                 
testify at the previous hearing on the legislation.                            
                                                                               
HARRIET MIYASATO BELEAL, a 28-year resident of Anchorage,  said she            
is originally from Wrangell and is a Raven of her clan tribe, Dog              
Salmon Frog.  Her grandfather, Chester Worthington, worked on the              
Native land claims, as well as organizing the Alaska Native                    
Brotherhood in the early 1920s.                                                
                                                                               
Ms. Beleal is also a member of the Anchorage Tlingit/Haida Tribes              
of Alaska, and she noted that group recently passed a resolution in            
opposition to HB 406 because they believe the bill should comply               
with ANILCA.                                                                   
                                                                               
Ms. Beleal is opposed to HB 406 because she does not believe it is             
in the best interest of the Alaska Native people.  She suggested               
that in identifying rural in a constitutional amendment, it should             
include the language "the Alaska Native people and their                       
descendants" as well as including the other rural residents who                
have subsisted or have had a dependency use on the subsistence                 
food.    She stressed the need to protect the Native peoples'                  
rights to their traditional foods.                                             
                                                                               
Ms. Beleal pointed out that at a Board of Fisheries hearing                    
statistics  gathered showed that Alaska Natives were using only two            
to five  percent of the subsistence foods.  She said it isn't the              
Alaska Natives using up the resources, it is the  commercial  use              
that has damaged and depleted the stocks.  She said the                        
constitution should reflect that the Alaska Native people have the             
priority and the preference to the Native foods.                               
                                                                               
Ms. Beleal also suggested there needs to be more Native people                 
sitting on the fish and game boards.                                           
                                                                               
SENATOR TAYLOR pointed out that under the federal law he qualifies             
for subsistence in Wrangell; however, Ms. Beleal was born and                  
raised in Wrangell, but because she currently lives in Anchorage,              
she does not qualify.                                                          
                                                                               
MS. BELEAL said that part of ANILCA should be changed also because             
no matter where she goes she is still from Wrangell and an Alaska              
Native.  The laws need to be changed so that they are not taking               
away their inherent rights that they have as Alaska Native people.             
                                                                               
Number 255                                                                     
                                                                               
CHAIRMAN TAYLOR thanked Ms. Beleal for her testimony, and then                 
stated the committee would take testimony on HB 406 over the                   
teleconference network.                                                        
                                                                               
THEO MATTHEWS, president of the United Fishermen of Alaska (UFA)               
and chairman of its subsistence committee, testified from the Kenai            
LIO.  He is also a past member of Governor Hickel's Subsistence                
Advisory Council, which essentially became the current state                   
statute on subsistence and which HB 406 proposes to replace.                   
                                                                               
Mr. Matthews stressed the importance the UFA has always placed on              
the need for amendments in ANILCA; technical amendments that                   
clarify the extent of the priority, amendments that essentially                
bring it into line wit the state law.  He said the state has                   
developed its own parallel subsistence priority that is  the same              
in all major respects except for the issue of who qualifies, and it            
is an important goal, independent of the issue of who receives                 
priority, to make sure that the state's law with its better state              
definitions is inserted as much as possible in the federal law.                
                                                                               
Mr. Matthews pointed out that the amendment that is proposed for               
the constitution is permissive.  It would allow the Legislature, as            
trustee, to adopt a priority based on location; it does not demand             
it.  He also pointed out that UFA has considered the Legislative               
Council's lawsuit and has voted not to oppose it.  They think                  
closure on the issue in terms of a Supreme Court decision would be             
very good for everyone, but on the other hand, they don't feel that            
the state can afford to let the existence of the lawsuit prevent               
action prior to December 1.                                                    
                                                                               
Mr. Matthews outlined the following suggested changes to HB 406:               
                                                                               
(1)  Page 2, line 31:  Change "subsistence uses by residents" to               
"subsistence uses by qualified subsistence users" to make it                   
consistent with the rest of the bill;                                          
                                                                               
(2)  Page 7, line 13:  The term "reasonable opportunity" is defined            
in state law, but there is no case law on its definition;                      
                                                                               
(3)  Page 7, line 17:  UFA believes it is bad policy to attempt to             
define the term "sustained yield" because it could be used in court            
to overturn board decisions and department decision.  UFA believes             
the definition is not needed;                                                  
                                                                               
(4)  Page 8, subsection (b):  UFA has no problem with the issue of             
creating regional advisory councils as required in ANILCA, but they            
think their recommendations should be limited to subsistence                   
issues;                                                                        
                                                                               
(5)  Page 8, line 30:  In the past, the definition of "customary               
and traditional" hasn't worked well, and it is an issue that is                
technical and legal but needs to be addressed at some point; and               
                                                                               
(6)  Page 9:  In the definitions it is proposed to delete the                  
language "by a resident domiciled in a rural area of the state" and            
UFA suggests replacing it with "by a qualified subsistence user" to            
make it consistent with the rest of the bill.                                  
                                                                               
In his closing comments, Mr. Matthews said one of the things UFA               
has asked the federal government to do with ANILCA amendments is to            
put the meaning of definitions of important terms in ANILCA, terms             
such as "rural", "customary and traditional", "customary trade" and            
"reasonable opportunity".  UFA has always supported the fact that              
the federal government should adopt the definitions of this state              
that have been developed by the Legislature.                                   
                                                                               
Number 406                                                                     
                                                                               
CHAIRMAN TAYLOR asked Mr. Matthews if UFA would support ANILCA                 
without the UFA's suggested amendments being made in ANILCA.  MR.              
MATTHEWS responded that their past position is that they would not             
support a constitutional amendment unless the ANILCA definitions               
could be secured, and for the first time, there is the opportunity             
to combine the two.                                                            
                                                                               
Number 440                                                                     
                                                                               
CHAIRMAN TAYLOR noted that Senator Murkowski has given assurances              
that if the Legislature would send back a bill to him with                     
recommended changes in it, he would hold hearings in the Senate                
Resources Committee as soon as possible on those recommended                   
changes as additional amendments to ANILCA.                                    
                                                                               
MR. MATTHEWS clarified that the issues UFA has raised have been                
dealt with in Senator Stevens' amendments, but UFA thinks they can             
be improved upon by better wording.  However, he pointed out that              
he didn't think there would be a lot of empathy for a package                  
that's not agreed to by the Interior Department, the Governor and              
the Legislature.                                                               
                                                                               
Number 475                                                                     
                                                                               
LYNN LEVENGOOD, a Fairbanks attorney and former member of the                  
Fairbanks advisory committee of the fish and game boards, as well              
as an executive member of the Alaska Wildlife Conservation                     
Association, said HB 406 is a start, but he thinks it needs some               
significant changes because the methodology being utilized will                
create a "zoning" where people exercise subsistence and a "zoning"             
where they cannot.  It is an artificial political distinction that             
has no basis in fact and it is creating a legal fiction that he                
believes is unsustainable.                                                     
                                                                               
Mr. Levengood suggested that if the Legislature were to define                 
subsistence broadly as a basic right of all Alaskans, it could pass            
a piece of legislation which is consistent with ANILCA.  He said if            
the word "subsistence" could be defined in a way that satisfies                
state needs and protects the group of people that the federal                  
government wishes to protect, then he believes the Alaska law would            
be found by the courts to comply with ANILCA.                                  
                                                                               
Mr. Levengood suggested amending the legislation to include a                  
provision requiring that any regulatory proposal be passed by a                
local advisory committee before being entertained by the state                 
Board of Game or state Board of Fish.  He said there are too many              
proposals put in for political reasons that bog down both of those             
boards, whereas requiring each proposal to be passed by a local                
advisory committee, which would have jurisdiction over the subject             
matter, would streamline the process and make it much more                     
efficient and less time consuming.                                             
                                                                               
In conclusion, Mr. Levengood urged that the Legislature pass a                 
joint resolution telling the local delegation and Congress that                
Alaska is united in resolve that the current promulgated draft                 
regulations by the Department of Interior should be enjoined or                
stopped from being implemented until this issue is resolved either             
through the courts or through the legislative process.                         
                                                                               
TAPE 98-51, SIDE B                                                             
Number 577                                                                     
                                                                               
STEVE WHITE, Assistant Attorney General, Department of Law, said at            
the conclusion of the committee's Friday, May 1 meeting, there was             
discussion about whether there were fundamental differences between            
the state if it assumes management of subsistence under federal                
court oversight implementing a federal law, or whether the federal             
government comes in December 1 and assumes management of                       
subsistence.  He then directed attention to a handout which gives              
a fairly factual description of the two committee system written by            
the Division of Subsistence in 1993.                                           
                                                                               
As a former commercial fisherman in the Copper River fishery, Mr.              
White pointed out that fishermen in that area are nervous in the               
sense that the unpredictability of the federal management scheme is            
frightening to them.  The reason for this is that the commercial               
fishery is operated at the mouth of the river, with a personal use             
fishery upstream, as well as a subsistence fishery further                     
upstream.  In order for all of these fisheries to work, the state              
board has developed a fairly sophisticated management plan, and the            
question is whether the federal government has the inclination and             
the resources to do that kind of fine tuned management.                        
                                                                               
Mr. White said another question is that if the state does come into            
compliance with ANILCA under various proposals, does it then lose              
any state management prerogatives over non-federal land.  He noted             
that JoAnne Grace, an assistant attorney general in the Department             
of Law who has been litigating all the federal subsistence cases,              
said that if the state were compliance and there was an issue that             
arose about the priority on what was left of state lands and                   
private lands, the state would have a good argument that the                   
federal courts would have no jurisdiction.  He said he didn't think            
the state coming into compliance thereby diminishes any ability for            
the state to continue to manage it resources as the state boards               
would see fit on non-public lands.                                             
                                                                               
Number 528                                                                     
                                                                               
CHAIRMAN TAYLOR asked what happens, assuming that we were to pass              
the amendment and the state comes into compliance, when the Board              
of Fish or the Board of Game decides to come up with a regulation              
that is significantly different than the regulation that the                   
federal subsistence boards have already promulgated.  MR. WHITE                
replied that assuming it is a state Board of Fish or state Board of            
Game decision under the amendments, the federal courts will have to            
give some deference to their decisions.  He said the amendment that            
talks about giving deference to a state board requires the federal             
court to give our state board the same deference that they would               
give the federal board.  He added that in the past, the federal                
court has not given our board the same deference as it has to one              
of its own agencies.  He pointed out that what is gained through               
these amendments is that there will be state boards comprised of               
Alaskans who have been reviewed by the Legislature, and they do                
have a greater degree of deference than they've had in the past.               
                                                                               
There being no further testimony on HB 406, CHAIRMAN TAYLOR stated             
the bill would be set aside.                                                   
                                                                               
[Chairman Taylor had to leave the meeting for a short period of                
time and he turned the gavel over to Senator Parnell so that the               
committee could continue taking testimony on other legislation                 
until his return.]                                                             
                                                                               
Number 471                                                                     
                                                                               
           CSSSHB 189(JUD) am - RESTRICT TOBACCO SALES                         
                                                                               
The next item on the committee agenda was CSSSHB 189(JUD) am.                  
                                                                               
REPRESENTATIVE JOHN COWDERY, prime sponsor of HB 189, read the                 
following sponsor statement into the record:                                   
                                                                               
"The purpose of HB 189 is to restrict access by minors to tobacco              
products.  Restricted access is accomplished by banning self-                  
service displays in retail establishments.                                     
                                                                               
"However, the bill provides an exemption for retail stores that                
sell primarily tobacco products and restrict access to persons 19              
years of age and older.  This provision will allow "tobacco                    
boutiques" who specialize in tobacco products and accourtrements,              
to the near exclusion of other merchandise, to have public access              
to the tobacco products.                                                       
                                                                               
"Self-service displays are notoriously susceptible to shoplifting              
and impulse buying by minors.  Their elimination has proven to be              
a popular means of removing access by minors to cigarettes.  More              
than 180 cities throughout the U.S. have already implemented                   
prohibitions on self service displays.  Three months ago, the                  
Municipality of Anchorage passed an ordinance modeled after HB 189.            
                                                                               
"Additionally, new language is added to the statute which requires             
that signs be posted near vending machines in employee break rooms             
where employees under the age of 19 may be present indicating that             
possession of tobacco by a person under 19 years of age is                     
prohibited under AS 11.76.105.                                                 
                                                                               
"Finally, another important provision in HB 189, is that it extends            
the offense of selling tobacco to a minor to persons who are                   
minors.  Under current law, it is unprosecutable if an 18 year-old             
sells to a minor.  HB 189 closes that loophole."                               
                                                                               
SENATOR PARNELL thanked Representative Cowdery for his                         
presentation, and then stated testimony would be taken over the                
teleconference network.                                                        
                                                                               
Number 434                                                                     
                                                                               
ANNE MARIE HOLAN of Anchorage, testifying in support of HB 189,                
related that she manages the statewide tobacco control program at              
the Alaska Native Health Board.  She said HB 189 has wide public               
support, and the banning of self-service displays in retail                    
establishments is described by the National Institute of Medicine              
as an essential component of any state plan to reduce teen access              
to tobacco.  She noted that a 1995 survey in Alaska found that                 
almost 19 percent of seventh and eighth grade students who smoke               
said that stealing is their most common source of cigarettes.  For             
those kids who do try to purchase tobacco, the ban on self-service             
tobacco displays means that the young customer has to ask the clerk            
for the product.  Surveys show that when that happens, the clerk is            
much more likely to ask for I.D.  She said almost all new users of             
tobacco are kids, and studies demonstrate that for many kids it is             
a gateway to other drug use.  Ms. Holan urged the committee's                  
support for HB 189.                                                            
                                                                               
Number 398                                                                     
                                                                               
DELISA CULPEPPER, testifying from Anchorage, informed the committee            
she is with the Municipality of Anchorage's health and human                   
services department.  She echoed Ms. Holan's comments and the need             
to continue to find new strategies to tighten the access of youth              
to tobacco products.  This strategy was implemented in Anchorage               
two months ago and it went fairly smoothly.  However, she suggested            
there be some kind of provision for educating of the public to let             
them know why this is being done.                                              
                                                                               
Number 383                                                                     
                                                                               
JOYANNE BLOOM, Coordinator, Juneau Tobacco Prevention Network, said            
their volunteers work really hard to keep youth from becoming                  
addicted to tobacco products.  They believe there is not any one               
solution to this and they are trying to fight it from al different             
angles.                                                                        
                                                                               
Ms. Bloom pointed out that HB 189 also takes care of a loophole in             
the original law which provided that a person had to be 19 years               
and older to be in violation of selling to a minor.  However, most             
important with the bill is getting the tobacco out of reach of                 
children.                                                                      
                                                                               
Ms. Bloom noted that recently a local national chain store                     
voluntarily put their tobacco products behind the counter, but then            
ended up putting them back out on the floor.  She was told by the              
store manager that the national office said they needed to go back             
out on the floor because tobacco companies are paying big bucks to             
have them out on display.  The store manager related that only a               
law is going to make them put the tobacco products back behind the             
counter.  She urged the committee to pass this law to keep the                 
tobacco products out of harm's reach of our children.                          
                                                                               
Number 340                                                                     
                                                                               
SENATOR MILLER directed attention to Section 5 and noted the word              
"criminally" was being deleted, and he questioned its overall                  
effect because it looks like the standard has been lowered                     
considerably for revocation of a license.                                      
                                                                               
ANNE CARPENETI, Criminal Division, Department of Law, acknowledged             
that it is bringing the standard down, and she thinks the reason               
the legislative drafters did this is because the violations only               
require negligence; they don't require criminal negligence for the             
culpable mental state.  She noted the new section that is adopted              
in this bill doesn't even have a culpable mental state, which is               
acceptable as long as it is a violation and not a crime.  She                  
thinks the reason legislative drafters did this was to make it the             
same standard for prosecuting somebody for giving tobacco to a                 
minor as it is for taking away a license based on a conviction of              
that act.                                                                      
                                                                               
SENATOR PARNELL asked Ms. Carpeneti if she thought it would do any             
damage to remove the word "negligent" on page 3, line 8.  MS.                  
CARPENETI suggested leaving it as is because that's the standard.              
REPRESENTATIVE COWDERY said he would not have a problem removing               
the word if it would make it a better bill.                                    
                                                                               
SENATOR PARNELL said his concern was that this actually might                  
heighten the standard because typically for a violation you don't              
have to show the negligent mind set, you just have to show that the            
act occurred.                                                                  
                                                                               
SENATOR MILLER questioned what happens if the retailer, in good                
faith, sells tobacco to someone who comes in with fake                         
identification.  He said he supports what is trying to be done with            
this legislation, but at the same time, he want to try to protect              
the honest shopkeeper that is trying to follow the law.  MS.                   
CARPENETI pointed out that selling to somebody with a fake I.D. is             
covered under AS 11.76.100(a) which does require a proof of                    
negligence to get a person convicted of the violation.                         
                                                                               
Number 250                                                                     
                                                                               
There being no further testimony on HB 189, SENATOR PARNELL stated             
the legislation would be set aside until a quorum was                          
reestablished.                                                                 
                                                                               
     CSHB 252(FIN) - CRIMINAL RECORDS & OFFENDER REGISTRATION                  
                                                                               
SENATOR PARNELL brought CSHB 252(FIN) before the committee as the              
next order of business.                                                        
                                                                               
REPRESENTATIVE JOE RYAN, prime sponsor of HB 252, explained that               
legislation brings  the state into compliance with federal law,  It            
a two-tier system that is put in place for sex offenders that fail             
to register properly or fail to reregister.  They would be guilty              
of a class A misdemeanor for a first offense, which would have a               
minimum sentence of 35 days in jail.  A second offense would be a              
class C felony, which would be a presumptive sentence with a                   
minimum of two years in jail.  He said this legislation will give              
law enforcement and the prosecutors the teeth necessary in the law             
to get into compliance.                                                        
                                                                               
Number 106                                                                     
                                                                               
CAPTAIN TED BACHMAN, Division of Alaska State Troopers, Department             
of Public Safety, testifying from Anchorage, stated the                        
department's support for the legislation and that he and Diane                 
Shenker, also with the department, were available for questions                
from the committee.                                                            
                                                                               
Number 082                                                                     
                                                                               
JAYNE ANDREEN, Executive Director, Council on Domestic Violence and            
Sexual Assault, Department of Public Safety, voiced the council's              
support for HB 252.  A strong sex offender registration program and            
statutes for Alaska goes a long way to improve the protection for              
potential victims in the future.  She expressed appreciation for               
the section relating to situations where a sex offender has failed             
to register and the duration of that time gets added on at the end             
of the 15 years that they are required to register.                            
                                                                               
Due to the lack of a quorum, HB 252 was set aside for further                  
action until later in the meeting.                                             
                                                                               
Number 030                                                                     
                                                                               
       SSHB 366(title am) - NO CINA BASED SOLELY ON POVERTY                    
                                                                               
SENATOR PARNELL brought SSHB 366(title am) before the committee as             
the next order of business.                                                    
                                                                               
LISA TORKELSON, staff to Representative Fred Dyson, said the                   
legislation is basically a protective measure.  She related a                  
situation where a lady's sister turned her into the Division of                
Family and Youth Services (DFYS) for being a vegetarian and                    
choosing that eating style for her children as well.  It caused a              
lot of problems, including family problems, and it was very                    
difficult for the lady to prove that her children were well fed                
even though they chose this lifestyle.                                         
                                                                               
HB 366 prohibits an agency from using the status of being poor,                
homeless, or lives a lifestyle that is different from the generally            
accepted lifestyle standard of the community where the family lives            
as the sole reason for removing a child from a home or for DFYS to             
come in and take custody of that child.                                        
                                                                               
TAPE 98-52, SIDE A                                                             
Number 031                                                                     
                                                                               
SENATOR PARNELL inquired if there has been a court case on this,               
and REPRESENTATIVE DYSON replied that he did not know of one, but              
the intent of the legislation is to strengthen the rights of                   
parents and limit the role of DFYS to take children if they are not            
being abused and neglected.                                                    
                                                                               
Number 060                                                                     
                                                                               
SENATOR MILLER questioned if the lady was turned into DFYS solely              
because of being vegetarians.  REPRESENTATIVE DYSON pointed out                
that the law requires DFYS to investigate whenever there is a                  
report of harm, and a fair percentage of the reports they get are              
spite, particularly when it comes to custody cases.                            
                                                                               
SENATOR MILLER said what he has found frustrating in his 16 years              
in the Legislature is that it seems like often DFYS spends a lot to            
manpower investigating the wrong cases and no manpower in                      
investigating the cases that they should be investigating.  He said            
it is unfortunate that there has to be legislation redirecting that            
focus.                                                                         
                                                                               
REPRESENTATIVE DYSON noted that he has been working with the states            
of Wisconsin, Minnesota and Kansas in how they are approaching this            
issue, and one of them is the quality and training of the people               
and in keeping them.  The turnover rate in Alaska is tremendous and            
there isn't the kind of judgement, maturity and experience to make             
good judgements about these cases without continuity.                          
                                                                               
SENATOR PARNELL asked if DFYS currently uses a standard that is                
called "generally accepted lifestyle standard" or was this new                 
language.  MS. TORKELSON responded that this was language drafted              
by the legislative drafter, and Susan Wibker of the Department of              
Law, who helped to write the child protection bill, spoke favorably            
for it.                                                                        
                                                                               
SENATOR PARNELL noted that Lynette Moreno Hinz, the president of               
the Anchorage Tribes of Tlingit and Haida Indians of Alaska, had               
signed up to testify, but she had to leave before being able to                
testify on the legislation.  However, she indicated on the witness             
register that she was in opposition to the bill.                               
                                                                               
There being no further testimony on SSHB 366(title am), SENATOR                
PARNELL stated the legislation would be set aside until a quorum               
was reestablished.                                                             
                                                                               
[THE COMMITTEE TOOK A BRIEF AT-EASE TO AWAIT THE RETURN OF CHAIRMAN            
TAYLOR.]                                                                       
                                                                               
Number 160                                                                     
                                                                               
     CSHB 252(FIN) - CRIMINAL RECORDS & OFFENDER REGISTRATION                  
                                                                               
CHAIRMAN TAYLOR called the meeting back to order and asked the                 
pleasure of the committee on CSHB 252(FIN).                                    
                                                                               
SENATOR PARNELL moved CSHB 252(FIN be passed out of committee with             
individual recommendations.  Hearing no objection, it was so                   
ordered.                                                                       
                                                                               
Number 170                                                                     
                                                                               
       SSHB 366(title am) - NO CINA BASED SOLELY ON POVERTY                    
                                                                               
CHAIRMAN TAYLOR asked for the pleasure of the committee on SSHB
366(title am).                                                                 
                                                                               
SENATOR PARNELL moved SSHB 366(title am) be passed out of committee            
with individual recommendations.  Hearing no objection, it was so              
ordered.                                                                       
                                                                               
Number 176                                                                     
                                                                               
           CSSSHB 189(JUD) am - RESTRICT TOBACCO SALES                         
                                                                               
CHAIRMAN TAYLOR asked for the pleasure of the committee on CSSHB
189(JUD) am.                                                                   
                                                                               
SENATOR PARNELL moved CSSSHB 189(JUD) am be passed out of committee            
with individual recommendations.  Hearing no objection, it was so              
ordered.                                                                       
                                                                               
Number 185                                                                     
                                                                               
     CSHJR 44(RLS) am - REAPPORTIONMENT BOARD & REDISTRICTING                  
                                                                               
CHAIRMAN TAYLOR brought CSHJR 44(RLS)am before the committee as the            
next order of business and directed attention to a proposed SCS                
CSHJR 44(JUD), versions "U."                                                   
                                                                               
RALPH BENNETT, committee aide to the Senate Judiciary Committee,               
explained that in Section 8 of the work draft, it changes the                  
membership of the redistricting board to the Governor making two               
appointments to the board; the presiding officer of the Senate                 
making one appointment; the presiding officer of the House of                  
Representatives making one appointment; and the chief justice of               
the Supreme Court making one appointment for a total of five board             
members.                                                                       
                                                                               
SENATOR MILLER moved the adoption of SCS CSHJR 44(JUD), version                
"U."  Hearing no objection, CHAIRMAN TAYLOR stated it was adopted,             
and he asked for the pleasure of the committee on the committee                
substitute.                                                                    
                                                                               
Number 205                                                                     
                                                                               
SENATOR MILLER moved SCS CSHJR 44(JUD) be passed out of committee              
with individual recommendations.  Hearing no objection, it was so              
ordered.                                                                       
                                                                               
CHAIRMAN TAYLOR informed the committee he would be making a motion             
on the Senate floor to waive CSHB 290(TRA) - LICENSE PLATES:                   
RANCHES, FARMS, AND DAIRY; CSHB 405(FIN) - FLEEING OR EVADING A                
PEACE OFFICER; and SB 354 - WILLS, TRUSTS, & OTHER TRANSFERS from              
the Senate Judiciary Committee.  There was no objection to waiving             
any of the bills from committee.                                               
                                                                               
There being no further business to come before the committee, the              
meeting adjourned at 5:35 p.m.                                                 
                                                                               
                                                                               

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