Legislature(1999 - 2000)

04/12/2000 02:13 PM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
              SENATE JUDICIARY COMMITTEE                                                                                        
                    April 12, 2000                                                                                              
                      2:13 p.m.                                                                                                 
MEMBERS PRESENT                                                                                                                 
Senator Robin Taylor, Chairman                                                                                                  
Senator Rick Halford, Vice-Chairman                                                                                             
Senator Dave Donley                                                                                                             
Senator Johnny Ellis                                                                                                            
MEMBERS ABSENT                                                                                                                  
Senator John Torgerson                                                                                                          
COMMITTEE CALENDAR                                                                                                              
SENATE CS FOR CS FOR HOUSE BILL NO. 37(HES)                                                                                     
"An Act relating to restricting sale of cigarettes, to enforcement                                                              
of certain laws relating to sales of cigarettes, and to smoking                                                                 
education and cessation programs administered by the Department of                                                              
Health and Social Services."                                                                                                    
     -MOVED SCS CSHB 37(JUD)am OUT OF COMMITTEE                                                                                 
SENATE BILL NO. 305                                                                                                             
"An Act relating to wildfires and other natural disasters."                                                                     
     -HEARD AND HELD                                                                                                            
SENATE BILL NO. 201                                                                                                             
"An Act relating to violations of an order to submit to                                                                         
deoxyribonucleic acid (DNA) testing, to court orders and conditions                                                             
of parole to collect samples for DNA testing, to removal of                                                                     
material from the DNA identification registration system; and to                                                                
the collection and processing of samples from certain burglary                                                                  
perpetrators for the DNA identification registration system; and                                                                
providing for an effective date."                                                                                               
     -HEARD AND HELD                                                                                                            
SENATE BILL NO. 207                                                                                                             
"An Act relating to the establishment and enforcement of medical                                                                
support orders for children; and providing for an effective date."                                                              
     -HEARD AND HELD                                                                                                            
HOUSE BILL NO. 99                                                                                                               
"An Act relating to sexual assault and the definitions of 'sexual                                                               
contact,' 'sexual penetration,' and 'legal guardian' in AS 11."                                                                 
     -HEARD AND HELD                                                                                                            
PREVIOUS SENATE COMMITTEE ACTION                                                                                                
HB 37  - See Judiciary Committee minutes dated 4/10/00.                                                                         
SB 305 - No previous action to report.                                                                                          
SB 201 - No previous action to report.                                                                                          
SB 207 - See HESS minutes dated 3/22/00.                                                                                        
HB 99  - No previous action to report.                                                                                          
WITNESS REGISTER                                                                                                                
Mr. Tom Manninen                                                                                                                
Aid to Representative Rokeberg                                                                                                  
State Capitol Building                                                                                                          
Juneau, Alaska 99801                                                                                                            
POSITION STATEMENT:      Testified on HB 37                                                                                     
Ms. Portia Parker                                                                                                               
Aid to Senator Green                                                                                                            
State Capitol Building                                                                                                          
Juneau, Alaska 99801                                                                                                            
POSITION STATEMENT:      Presented Sponsor Statement for SB 305                                                                 
Mr. Dean Brown, Deputy Director                                                                                                 
Department of Natural Resources                                                                                                 
Division of Forestry                                                                                                            
550 West 7th Avenue, Suite 1450                                                                                                 
Anchorage, Alaska 99501                                                                                                         
POSITION STATEMENT:      Testified on SB 305                                                                                    
Captain Don Savage                                                                                                              
Department of Public Safety                                                                                                     
Division of Alaska State Troopers                                                                                               
453 South Valley Way                                                                                                            
Palmer, Alaska 99645                                                                                                            
POSITION STATEMENT:      Testified on SB 305                                                                                    
Major Ted Bachman                                                                                                               
Department of Public Safety                                                                                                     
Division of Alaska State Troopers                                                                                               
5700 East Tudor Road                                                                                                            
Anchorage, Alaska 99507-1225                                                                                                    
POSITION STATEMENT:      Testified on SB 305                                                                                    
Mr. Larry Wood                                                                                                                  
HC 04 Box 9311                                                                                                                  
Palmer, Alaska 99645                                                                                                            
POSITION STATEMENT:      Supports SB 305                                                                                        
Ms. Barbara J. Leiss                                                                                                            
PO Box 1329                                                                                                                     
Palmer, Alaska 99645-1329                                                                                                       
POSITION STATEMENT:      Testified on SB 305                                                                                    
Mr. Ken E. Rowland                                                                                                              
HC 04 Box 9194                                                                                                                  
Palmer, Alaska 99645                                                                                                            
POSITION STATEMENT:      Testified on SB 305                                                                                    
Ms. Helen D. Munoz                                                                                                              
PO Box 4013                                                                                                                     
Palmer, Alaska 99645-4013                                                                                                       
POSITION STATEMENT:      Testified on SB 305                                                                                    
Mr. Del Smith, Deputy Commissioner                                                                                              
Department of Public Safety                                                                                                     
PO Box 111200                                                                                                                   
Juneau, Alaska 99811-1200                                                                                                       
POSITION STATEMENT:      Supports SB 201                                                                                        
Mr. Robert Buttcane                                                                                                             
Department of Health and Social Services                                                                                        
Division of Juvenile Justice                                                                                                    
PO Box 110635                                                                                                                   
Juneau, Alaska 99811-0635                                                                                                       
POSITION STATEMENT:      Testified on HB 99                                                                                     
Ms. Candace Brower                                                                                                              
Department of Corrections                                                                                                       
Parole Board Officer                                                                                                            
PO Box 112000                                                                                                                   
Juneau, Alaska 99811-2000                                                                                                       
POSITION STATEMENT:      Supports SB 201 and HB 99                                                                              
Ms. Leann Strickland                                                                                                            
Address not furnished                                                                                                           
POSITION STATEMENT:      Testified on SB 201                                                                                    
Mr. George Taft                                                                                                                 
Address not furnished                                                                                                           
POSITION STATEMENT:      Testified on SB 201                                                                                    
Ms. Lauree Hugonin                                                                                                              
130 Seward, Room 209                                                                                                            
Juneau, Alaska 99801                                                                                                            
POSITION STATEMENT:      Supports SB 201                                                                                        
Ms. Barbara Miklos                                                                                                              
Department of Revenue                                                                                                           
Child Support Enforcement Division                                                                                              
550 West 7th Avenue, Suite 310                                                                                                  
Anchorage, Alaska 99501                                                                                                         
POSITION STATEMENT:      Testified on SB 207                                                                                    
ACTION NARRATIVE                                                                                                                
TAPE 00-21, SIDE A                                                                                                              
Number 001                                                                                                                      
CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to                                                                 
order at 2:13 p.m.  Present were SENATOR HALFORD, SENATOR DONLEY                                                                
and CHAIRMAN TAYLOR.  The first order of business to come before                                                                
the committee was HB 37.                                                                                                        
        HB  37-SMOKING CESSATION AND EDUCATION PROGRAMS                                                                         
CHAIRMAN TAYLOR reminded the committee that testimony for HB 37 was                                                             
heard April 10 and a new committee substitute is the result of that                                                             
SENATOR DONLEY moved to adopt SCS CSHB 37, version T.  There being                                                              
no objection, version T was adopted.                                                                                            
CHAIRMAN TAYLOR recommended that amendment T.2, Ford, 04/11/00 be                                                               
adopted.  This amendment is to page 4, line 13 and inserts a new                                                                
subsection that reads:  (j)  A person who violates (g) of this                                                                  
section is guilty of a class B misdemeanor."  By utilizing this                                                                 
amendment the bill retains its sanctions for grey good sales.                                                                   
MR. TOM MANNINEN, aid to Representative Rokeberg, said that                                                                     
Representative Rokeberg supports amendment T.2.                                                                                 
SENATOR DONLEY moved to adopt amendment T.2.  There being no                                                                    
objection, amendment T.2 was adopted.                                                                                           
SENATOR DONLEY moved SCS CSHB 37 am from committee with individual                                                              
recommendations.  There being no objection, the motion carried.                                                                 
Number 270                                                                                                                      
        SB 305-RIGHTS OF PROPERTY OWNER IN DISASTER AREA                                                                        
MS. PORTIA PARKER, aid to Senator Lyda Green, stated for the record                                                             
that SB 305 was introduced to address the concerns of private                                                                   
property owners and residents during emergency management of                                                                    
wildfires and disaster areas.  SB 305 establishes statutory                                                                     
guidelines for balancing the rights of private property owners and                                                              
emergency personnel during wildfires and natural disasters.                                                                     
MS. PARKER said the main provisions of SB 305 provide that an adult                                                             
resident or property owner can choose to evacuate or not to                                                                     
evacuate an area, unless a minor or young children are involved.                                                                
Property owners and residents shall be permitted to enter a                                                                     
threatened area if entry does not interfere with emergency                                                                      
personnel and proof of residency or property ownership is provided.                                                             
MS. PARKER stated that SB 305 also provides statutory protection                                                                
for all emergency personnel from liability if a property owner or                                                               
resident is injured or killed because they choose not to evacuate                                                               
or they entered or re-entered a threatened area.                                                                                
Number 432                                                                                                                      
MAJOR TED BACHMAN, Alaska State Troopers, said he has been working                                                              
with the Department of Natural Resources (DNR), the Bureau of Land                                                              
Management (BLM) and Public Safety and Fire Services in the Matsu                                                               
Valley to develop a statewide evacuation policy.  The committee                                                                 
feels that SB 305 does not address all of the essential issues.                                                                 
CHAIRMAN TAYLOR asked about the granting of complete immunity for                                                               
people or organizations that might have some type of liability in                                                               
a disaster.                                                                                                                     
MAJOR BACHMAN said he thinks immunity is given to the emergency                                                                 
agency or organization that is handling the disaster if they advise                                                             
a resident to leave and the resident refuses or the resident                                                                    
obtains re-entry knowing there may be some danger to life and                                                                   
Number 754                                                                                                                      
CAPTAIN TOM SAVAGE, Alaska State Troopers, said the committee's                                                                 
policy is almost in the final stages of development  and it                                                                     
provides more flexibility for all concerned.  The policy provides                                                               
input for modifying areas that need strengthening or areas that                                                                 
need to be corrected and it clarifies the issues.  One area of                                                                  
difficulty has been the definitions of terminology, and the policy                                                              
defines these things and provides a clear direction for emergency                                                               
CAPTAIN SAVAGE said that one of the biggest issues has been access                                                              
into an area.  SB 305 has not changed current statutory issues--                                                                
firefighters can still restrict or close access to areas.  The                                                                  
policy approach allows more flexibility, greater input, and greater                                                             
mobility once issues are found.                                                                                                 
CHAIRMAN TAYLOR asked Captain Savage if he had specific instances                                                               
he wanted to address.                                                                                                           
CAPTAIN SAVAGE said there is no provision in the statute for                                                                    
removing a intoxicated person or a mentally incapable person                                                                    
without their consent.                                                                                                          
CAPTAIN SAVAGE commented that re-entry or entry is also an issue                                                                
addressed by the policy.  The draft policy defines what will be                                                                 
expected if there is a road closure, road block or checkpoint.                                                                  
CHAIRMAN TAYLOR said he was not sure what policy Captain Savage                                                                 
was referring to.                                                                                                               
CAPTAIN SAVAGE responded it is the policy Major Bachman was                                                                     
referring to--what the committee has been developing for the past                                                               
nine or ten months.                                                                                                             
CHAIRMAN TAYLOR asked if this is a internal policy to guide                                                                     
personnel in making decisions or is it a policy that will be                                                                    
enforceable through regulation.                                                                                                 
CAPTAIN SAVAGE said the policy has not been addressed at this level                                                             
and certainly not in terms of regulation.                                                                                       
CHAIRMAN TAYLOR asked how the policy addresses the issue of a                                                                   
intoxicated person wanting to go into a fire area?                                                                              
CAPTAIN SAVAGE responded that a incapacitated person will be                                                                    
prevented from going into a fire area, but a person with alcohol on                                                             
his breath who appears to be rational will be allowed to enter to                                                               
protect his property.                                                                                                           
CHAIRMAN TAYLOR asked to what extent does the policy assist in                                                                  
these circumstances.                                                                                                            
CAPTAIN SAVAGE said it develops greater layers and levels for                                                                   
evacuation, providing for exigent circumstance when people are                                                                  
unable to protect themselves and have to be removed without their                                                               
Number 1211                                                                                                                     
MR. LARRY WOOD, resident of Lazy Mountain, said he witnessed the                                                                
entire exercise at Lazy Mountain.   His house fronted Clark                                                                     
Wolverine Road where the majority of the activity occurred, and his                                                             
letter to the Governor was the catalyst for what has  happened.  He                                                             
also stated that he disagrees with Captain Savage.                                                                              
MR. WOOD said  he is a member of the Lazy Mountain Community                                                                    
Counsel Post-fire Committee which drafted the statutes.  The                                                                    
committee decided to reject the policy because policy changes,                                                                  
depending on who is in charge.  Contrary to Captain Savage's                                                                    
assertions, the policy is not benign for the residents of the area.                                                             
If an evacuation order is given, people who refuse to leave should                                                              
be removed even if force is needed.  There is no qualification for                                                              
this point in the policy.                                                                                                       
MR. WOOD said the Lazy Mountain Community Council feels that SB 305                                                             
will insure that property owners are not treated as chattel.                                                                    
Federal mandate says that there should be no participation of                                                                   
property owners in defense of their property, but it was recognized                                                             
at Miller's Reach that homes were saved when residents stayed to                                                                
help.  Fire crews can bulldoze the property, the house or whatever,                                                             
in order to stop the fire but the State takes no responsibility for                                                             
that property.                                                                                                                  
MR. WOOD said his only criticism of SB 305 is that the proof of                                                                 
identification (ID) is raised beyond the level of a driver's                                                                    
license.  If a person is called at work or finds out over the radio                                                             
that there is an emergency, they may leave their ID behind in their                                                             
haste to leave.                                                                                                                 
MR. WOOD noted that the only thing he is trying to do with SB 305                                                               
is to insure that people have access to their property.                                                                         
SENATOR TAYLOR asked Mr. Wood if he had a copy of SB 305.                                                                       
MR. WOOD responded yes.  He said it varies little from what was                                                                 
drafted with the exception of the section that states: "contains                                                                
the photograph," and the original draft from the Lazy Mountain                                                                  
Council  said that a person who provides false witness should be                                                                
held criminally liable.  The financially responsible aspect of SB
305 is also objectionable because it makes "the person who vouches                                                              
is responsible for that individual who goes into the area and has                                                               
a fender bender, for example."                                                                                                  
MR. WOOD said the citizens of Lazy Mountain are not going to sue a                                                              
police officer for trying to do his job under the circumstances                                                                 
that were experienced at Lazy Mountain, but they most assuredly                                                                 
will object--SB 305 is that objection.                                                                                          
MR. WOOD said the Lazy Mountain fire was handled very badly by the                                                              
Division of Forestry and the Alaska State Troopers in terms of                                                                  
security and perimeter control.  The draft plan addresses some of                                                               
this, but the residents of Lazy Mountain feel that it would serve                                                               
all of Alaska well to have the protection afforded by SB 305.                                                                   
CHAIRMAN TAYLOR thanked Mr. Wood and said he shares some of the                                                                 
same concerns.  One of his concerns is over the wording "legally                                                                
and financially responsible for another person," and another                                                                    
concern is over the liability aspects of the immunity provision.                                                                
CHAIRMAN TAYLOR said it is the intent of the Committee to hold SB
305 and work on it in the interim.                                                                                              
Number 1900                                                                                                                     
MS. BARBARA LEISS made the following comments:                                                                                  
First of all, this is farm country.  Most of the people who live                                                                
here are farmers with large tracts of land, livestock and other                                                                 
animals.   A lot of the people have lived here all of their life                                                                
and everyone knows everyone.  Hence, the reason for all of the                                                                  
problems that occurred during the roadblock.                                                                                    
People seeking access to a fire or disaster area must show good                                                                 
reasons to the officers or firefighters in charge for wanting to                                                                
enter that area, whether they are a resident, relative of a                                                                     
resident, or friend of a resident who wants to help.  There are a                                                               
lot of people in Alaska that do not have fire insurance and they                                                                
will take desperate measures to save their goods--firefighters and                                                              
police officers need to realize that.                                                                                           
Another problem was that the fire occurred in the afternoon and it                                                              
reached its peak around 1:30 or 2:00 on a weekday.  Elementary                                                                  
school children were being bussed home at that time.  They were                                                                 
dropped off on the main road to walk to their homes.  Shortly after                                                             
2:30, State Troopers were informed by the firefighters to put up a                                                              
roadblock to the mountain at its main entrance.  Remember, we have                                                              
only one way in and one way out and that's the problem.  Parents                                                                
returning home from work were denied access to get to their                                                                     
children who were home alone and the authorities did not know which                                                             
homes had children nor did they take any steps to evacuate the                                                                  
children.  There was no means of transportation for evacuating the                                                              
children.  There were also disabled people in wheelchairs who were                                                              
home alone.  The police should work with the residents when there                                                               
are children and disabled and elderly people involved.  This area                                                               
is not addressed in SB 305 and the citizens of Lazy Mountain would                                                              
like it included.                                                                                                               
There was also an incident with an old man who was in a wheelchair.                                                             
The man's son finally convinced the police to check on him.  The                                                                
police went to the door, didn't wait very long, and were already                                                                
out the driveway by the time the elderly man in the  wheelchair got                                                             
to the door.  Common sense needs to be used.                                                                                    
"And, of course, you've already heard about the drawing of the gun                                                              
on a farmer boy here who has never had a criminal record in his                                                                 
life and the reason that boy was so desperate to get to his farm                                                                
and his family was because at the roadblock, he was told that his                                                               
house was on fire and his family was trapped."                                                                                  
MS. LEISS said that changing the statutes to be more reasonable for                                                             
the majority of citizens is in order.                                                                                           
Number 2115                                                                                                                     
MR. KEN ROWLAND, resident of Lazy Mountain, said he does not                                                                    
believe the policy is the way to address this problem, and he                                                                   
wholeheartedly agrees with Larry Wood that policy changes with the                                                              
people in charge.  He is also concerned about the gun issue.                                                                    
MR. ROWLAND said that policy should not be at the whim of                                                                       
bureaucrats and firefighters who can change it indiscriminately.                                                                
He is also concerned that firefighters can burn a person's home to                                                              
enhance the firefighting effort.  Destroying property should never                                                              
be left to the decision of one person--at least three officials                                                                 
should make that decision.                                                                                                      
CHAIRMAN TAYLOR suggested the re-draft should have a provision                                                                  
saying that if there is a decision to burn a home or building the                                                               
State will rebuild or give the owner money to rebuild.                                                                          
Number 2287                                                                                                                     
MS. HELEN MUNOZ said the other people who testified expressed her                                                               
concerns.  She said that for the first time in her life she felt                                                                
threatened by authority during the Lazy Mountain fire.                                                                          
Number 2302                                                                                                                     
               SB 201-DNA TESTING & REGISTRATION                                                                                
DEPUTY COMMISSIONER DEL SMITH, Department of Public Safety, said                                                                
the State has been collecting DNA samples since 1996 from people                                                                
convicted of person crimes and the samples have been stored at the                                                              
crime lab.  The lab processes the samples and creates files that                                                                
can be uploaded to the national system so they can be checked                                                                   
against known samples from crime scenes.                                                                                        
DEPUTY COMMISSIONER SMITH said SB 201 will add felony burglary to                                                               
the list of people who will be required to give a DNA sample.                                                                   
Burglaries are included because the review of national statistics                                                               
indicates that 52% of the people convicted or arrested on person                                                                
crimes have been convicted of burglaries previously.  Having DNA                                                                
samples from convicted individuals will help solve crimes sooner.                                                               
DEPUTY COMMISSIONER SMITH noted that SB 201 also allows for a                                                                   
parole officer, peace officer or probation officer to take a DNA                                                                
sample.  Blood samples have been used in the past and SB 201 allows                                                             
for the use of a swab to take saliva from an individual.  This will                                                             
be more efficient and less intrusive and a sample can be taken                                                                  
without undue discomfort or inconvenience.                                                                                      
Deputy Commissioner Smith said there is also a section  in SB 201                                                               
that enables the sample to be removed from the data base if the                                                                 
person is found not guilty.                                                                                                     
Tape 00-21, Side B                                                                                                              
Number 2329                                                                                                                     
MR. ROBERT BUTTCANE, Juvenile Probation Officer with the Division                                                               
of Juvenile Justice for the Department of Health and Social                                                                     
Services (DHSS), said DHSS supports SB 201.  SB 201 will give the                                                               
system an opportunity to solve more crimes and hold people                                                                      
accountable.  Technology has advanced so that DNA samples can now                                                               
be collected with a mouth swab rather than drawing blood.  SB 201                                                               
allows youth counselors, probation officers and correctional                                                                    
officers to require a person convicted of one of the applicable                                                                 
offenses to submit to a DNA sampling.  Failure to do so will                                                                    
subject them to a violation of law under title 11.  Once the sample                                                             
has been taken it is catalogued and put into a state registry,                                                                  
which is limited to law enforcement use only.                                                                                   
MS. CANDACE BROWER, Department of Corrections (DOC), said DOC                                                                   
supports SB 201.  For the past five years, the medical staff of                                                                 
correctional facilities have been responsible for the collection of                                                             
DNA samples and DOC is glad there will be an expansion of who can                                                               
collect samples.                                                                                                                
Number 2130                                                                                                                     
CHAIRMAN TAYLOR said he was concerned that a DNA sample can be                                                                  
easily tainted.                                                                                                                 
MS. LEANN STRICKLAND, supervisor of the DNA section at the                                                                      
laboratory, commented that 13 different genetic loci are looked at                                                              
when analyzing samples and if there is some type of contamination                                                               
it will be seen in the analysis.  If a contamination is seen,                                                                   
another sample will be asked for or the sample will be retested.                                                                
CHAIRMAN TAYLOR asked how it will be known that a sample is                                                                     
MS. STRICKLAND said each individual can have two alternate forms of                                                             
any of the loci and if more than two forms of any given gene appear                                                             
in the data analysis the sample itself would be questioned.  It is                                                              
very rare for an individual to have more than two alternate forms                                                               
at any one locus or any one gene type.  People working in the lab                                                               
will be able to look at the DNA typing evidence to determine if                                                                 
there are low levels of another contributor or something in the                                                                 
sample that does not fit the pattern of a single source sample.                                                                 
CHAIRMAN TAYLOR noted the Alaska Civil Liberties Union (ACLU) has                                                               
filed a paper in opposition to SB 201.                                                                                          
Number 2029                                                                                                                     
CHAIRMAN TAYLOR wondered about the retro activity provision in  SB
201 going back to 1996.                                                                                                         
DEPUTY COMMISSIONER SMITH replied that 1996 is when the original                                                                
data base was started and because the bill applies to offenses                                                                  
occurring on or after January 1, 1996, the retroactive provision                                                                
was felt to be logical.                                                                                                         
MR. GEORGE TAFT added that the labs are only looking at the 13 loci                                                             
for a persons identification and not for medical maladies of the                                                                
person.  The labs are not able to tell a persons medical history                                                                
from the loci.                                                                                                                  
CHAIRMAN TAYLOR said one of the questions raised by the ACLU was                                                                
whether or not the 13 loci will indicate the racial makeup of the                                                               
MS. STRICKLAND responded no.  The profile will not indicate the                                                                 
racial group the person is from but it will give an indication as                                                               
to which racial group from that particular profile will be expected                                                             
to be most common and which particular racial group is expected to                                                              
be most rare.  The profile itself will not identify the race of the                                                             
Number 1923                                                                                                                     
CHAIRMAN TAYLOR asked if there is a national standard for testing                                                               
or a national verification system that is used.                                                                                 
MS. STRICKLAND said the laboratory where she works is an accredited                                                             
laboratory and they follow the DAB standards.  DAB is the DNA                                                                   
Advisory Board that has set forth the standards for forensic DNA                                                                
testing labs.  These standards set forth quality assurance that                                                                 
must be met in confirming analysis of forensic samples.  These                                                                  
standards also pertain to the convicted offender samples.                                                                       
CHAIRMAN TAYLOR asked what agency audits them.                                                                                  
MS. STRICKLAND said her laboratory has been accredited by the                                                                   
American Society of Crime Laboratory Directors (ASCLD).  The DAB                                                                
standards are used by auditors as well as the ASCLD standard.  The                                                              
DAB has been signed off by the Director of the FBI.                                                                             
CHAIRMAN TAYLOR asked what is used to make certain that the system                                                              
is accountable and renders accurate results.                                                                                    
MR. TAFT responded that the lab is tested and accredited and the                                                                
people working in the lab are proficiency tested.  There is also a                                                              
yearly inspection by people from outside the laboratory.                                                                        
Number 1681                                                                                                                     
MS. LAURIE HUGONAN, Executive Director for the Alaska Network on                                                                
Domestic Violence and Sexual Assault, said the Network supports SB
201.  The Network is interested in making as many DNA samples                                                                   
available as possible, so when there is a sexual assault crime the                                                              
samples will be run for comparisons as soon as possible.  This will                                                             
help in finding the guilty person and  it will increase the                                                                     
likelihood of DNA matches being found.                                                                                          
Number 1577                                                                                                                     
           SB 207-MEDICAL SUPPORT ORDERS FOR CHILDREN                                                                           
MS. BARBARA MIKLOS, Department of Revenue (DOR), said SB 207 makes                                                              
three simple changes to existing statute.  First, under existing                                                                
statute an order for medical support can only be established in                                                                 
conjunction with a financial support order.  DOR is required by                                                                 
Medicaid to establish a medical support order for people who go                                                                 
onto a public assistance program and then DOR is required by                                                                    
statute to establish a financial support order.  DOR would like to                                                              
separate the two orders, establishing a medical support order only                                                              
without an order for financial support.  A financial support order                                                              
will be established if the parent wants one.  Second, SB 207 amends                                                             
the medical support statute to provide that either parent, not                                                                  
simply the obligor, may be required to provide health care                                                                      
coverage.  Third, this bill amends the law to require that a                                                                    
medical support order be issued regardless of whether health care                                                               
coverage is currently available to either parent.  This is being                                                                
done now and the order is not in effect until the health insurance                                                              
becomes available.                                                                                                              
MS. MIKLOS said DOR believes this bill will help custodial parents                                                              
because they will not need a financial order, noncustodial parents                                                              
for the same reason and it will also help keep the Child Support                                                                
Enforcement Division out of the middle of conflict with the                                                                     
Number 1411                                                                                                                     
         HB  99-SEXUAL ASSUALT:VICTIM IN STATE CUSTODY                                                                          
MS. CANDACE BROWER, Department of Corrections (DOC), said that HB
99 will make a crime of sexual assault in the third degree a class                                                              
C felony for an employee of a state correctional facility who                                                                   
engages in sexual penetration with an offender in the custody and                                                               
care of DOC.  SB 99 will also make a crime of sexual assault in the                                                             
fourth degree a class A misdemeanor for an employee of a state                                                                  
correctional facility to engage in sexual contact with an offender                                                              
in the care and custody of DOC.  This legislation also applies to                                                               
a DHSS employee who is the legal guardian of a person 18 or 19                                                                  
years old.  Current sexual misconduct laws in Alaska only apply to                                                              
acts committed against individuals who are mentally incapacitated.                                                              
MS. BROWER quoted from literature from the National Women's Law                                                                 
     In states that have no specific legislation criminalizing the                                                              
     sexual abuse of prisoners, correctional employees may be                                                                   
     prosecuted under the states existing sexual assault and rape                                                               
     statutes.  Under these laws, consent is assessed as criminal                                                               
     liability.  However, many experts believe that the inherent                                                                
     disparity in power between prisoners and correctional                                                                      
     employees renders valid consent impossible in the prison                                                                   
     context.  Also from both a management and a public policy                                                                  
     prospective, sanctioning consensual sex between correctional                                                               
     employees and prisoners severely compromises legitimate                                                                    
     correctional goals such as prison security, inmate management                                                              
     and rehabilitation.                                                                                                        
MS. BROWER said that DOC feels strongly about protecting the people                                                             
who are in their custody and care.  It is not part of a persons                                                                 
sentence to be subjected to sexual assault or abuse of any kind.                                                                
CHAIRMAN TAYLOR said he has no difficulty with the legislation.                                                                 
There being no further business to come before the committee,                                                                   
CHAIRMAN TAYLOR adjourned the meeting at 3:20 p.m.                                                                              

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