ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         March 27, 2013                                                                                         
                           1:33 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator John Coghill, Chair                                                                                                     
Senator Lesil McGuire, Vice Chair                                                                                               
Senator Fred Dyson                                                                                                              
Senator Donald Olson                                                                                                            
Senator Bill Wielechowski                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE JOINT RESOLUTION NO. 9                                                                                                   
Proposing amendments to  the Constitution of the  State of Alaska                                                               
relating to state aid for education.                                                                                            
                                                                                                                                
     - MOVED SJR 9 OUT OF COMMITTEE                                                                                             
                                                                                                                                
SENATE BILL NO. 36                                                                                                              
"An Act relating to missing  vulnerable adult prompt response and                                                               
notification plans."                                                                                                            
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 24(JUD)                                                                                 
"An Act relating to self-defense in  any place where a person has                                                               
a right to be."                                                                                                                 
                                                                                                                                
     - MOVED CSHB 24(JUD) OUT OF COMMITTEE                                                                                      
                                                                                                                                
SENATE BILL NO. 72                                                                                                              
"An Act clarifying  that the Alaska Bar Association  is an agency                                                               
for  purposes of  investigations  by the  ombudsman; relating  to                                                               
compensation of the  ombudsman and to employment of  staff by the                                                               
ombudsman  under  personal   service  contracts;  providing  that                                                               
certain records  of communications  between the ombudsman  and an                                                               
agency  are not  public  records; relating  to  disclosure by  an                                                               
agency to  the ombudsman of  communications subject  to attorney-                                                               
client   and  attorney   work-product  privileges;   relating  to                                                               
informal  and  formal  reports of  opinions  and  recommendations                                                               
issued  by  the  ombudsman;  relating to  the  privilege  of  the                                                               
ombudsman not  to testify  and creating  a privilege  under which                                                               
the  ombudsman is  not required  to  disclose certain  documents;                                                               
relating  to   procedures  for  procurement  by   the  ombudsman;                                                               
relating  to  the definition  of  'agency'  for purposes  of  the                                                               
Ombudsman Act  and providing jurisdiction  of the  ombudsman over                                                               
persons providing certain services to  the state by contract; and                                                               
amending Rules 501 and 503, Alaska Rules of Evidence."                                                                          
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
CS FOR HOUSE JOINT RESOLUTION NO. 4(JUD)                                                                                        
Urging  the  President  of  the   United  States  to  rescind  23                                                               
executive    orders,    executive    actions,    and    executive                                                               
recommendations, related  to regulation  of firearms;  and urging                                                               
the United  States Congress to  refrain from  passing legislation                                                               
that restricts the right of individuals to keep and bear arms.                                                                  
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                              
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SJR  9                                                                                                                  
SHORT TITLE: CONST. AM: EDUCATION FUNDING                                                                                       
SPONSOR(s): SENATOR(s) DUNLEAVY                                                                                                 
                                                                                                                                
02/13/13       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/13/13       (S)       EDC, JUD                                                                                               
02/15/13       (S)       EDC REFERRAL REMOVED                                                                                   
02/15/13       (S)       FIN REFERRAL ADDED AFTER JUD                                                                           
02/15/13       (S)       UPHOLD CHANGE TO REFERRALS Y11 N4 E4 A1                                                                
03/13/13       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/13/13       (S)       Scheduled But Not Heard                                                                                
03/15/13       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/15/13       (S)       Heard & Held                                                                                           
03/15/13       (S)       MINUTE(JUD)                                                                                            
03/18/13       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/18/13       (S)       Heard & Held                                                                                           
03/18/13       (S)       MINUTE(JUD)                                                                                            
03/20/13       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/20/13       (S)       -- Public Testimony < Time Limit May Be                                                                
                         Set> --                                                                                                
03/22/13       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/22/13       (S)       Heard & Held                                                                                           
03/22/13       (S)       MINUTE(JUD)                                                                                            
03/25/13       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/25/13       (S)       Heard & Held                                                                                           
03/25/13       (S)       MINUTE(JUD)                                                                                            
03/27/13       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: SB  36                                                                                                                  
SHORT TITLE: MISSING VULNERABLE ADULT RESPONSE PLAN                                                                             
SPONSOR(s): SENATOR(s) ELLIS                                                                                                    
                                                                                                                                
01/25/13       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/25/13       (S)       STA, JUD                                                                                               
02/08/13       (S)       SPONSOR SUBSTITUTE INTRODUCED-REFERRALS                                                                
02/08/13       (S)       STA, JUD                                                                                               
02/21/13       (S)       STA RPT  3DP                                                                                           
02/21/13       (S)       DP: DYSON, WIELECHOWSKI, STEDMAN                                                                       
02/21/13       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
02/21/13       (S)       Moved SSSB 36 Out of Committee                                                                         
02/21/13       (S)       MINUTE(STA)                                                                                            
03/27/13       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: HB  24                                                                                                                  
SHORT TITLE: SELF DEFENSE                                                                                                       
SPONSOR(s): REPRESENTATIVE(s) NEUMAN, ISAACSON, LYNN, FEIGE                                                                     
                                                                                                                                
01/16/13       (H)       PREFILE RELEASED 1/7/13                                                                                
01/16/13       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/16/13       (H)       JUD, FIN                                                                                               
02/06/13       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/06/13       (H)       Heard & Held                                                                                           
02/06/13       (H)       MINUTE(JUD)                                                                                            
02/08/13       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/08/13       (H)       Moved CSHB  24(JUD) Out of Committee                                                                   
02/08/13       (H)       MINUTE(JUD)                                                                                            
02/11/13       (H)       JUD RPT CS(JUD) 7DP                                                                                    
02/11/13       (H)       DP: MILLETT, GRUENBERG, PRUITT, LYNN,                                                                  
                         FOSTER, LEDOUX, KELLER                                                                                 
02/21/13       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
02/21/13       (H)       Heard & Held                                                                                           
02/21/13       (H)       MINUTE(FIN)                                                                                            
02/25/13       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
02/25/13       (H)       Heard & Held                                                                                           
02/25/13       (H)       MINUTE(FIN)                                                                                            
02/25/13       (H)       FIN AT 6:30 PM HOUSE FINANCE 519                                                                       
02/25/13       (H)       Heard & Held                                                                                           
02/25/13       (H)       MINUTE(FIN)                                                                                            
02/28/13       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
02/28/13       (H)       Moved CSHB  24(JUD) Out of Committee                                                                   
02/28/13       (H)       MINUTE(FIN)                                                                                            
03/01/13       (H)       FIN RPT CS(JUD) 5DP 5NR                                                                                
03/01/13       (H)       DP:    T.WILSON,    NEUMAN,    COSTELLO,                                                               
                         THOMPSON, STOLTZE                                                                                      
03/01/13       (H)       NR: HOLMES, MUNOZ, GARA, KAWASAKI,                                                                     
                         AUSTERMAN                                                                                              
03/22/13       (H)       TRANSMITTED TO (S)                                                                                     
03/22/13       (H)       VERSION: CSHB 24(JUD)                                                                                  
03/25/13       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/25/13       (S)       JUD, FIN                                                                                               
03/27/13       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
SENATOR MIKE DUNLEAVY                                                                                                           
Alaska State Legislature                                                                                                        
Juneau, AK                                                                                                                      
POSITION STATEMENT: Sponsor of SJR 9.                                                                                         
                                                                                                                                
SENATOR JOHNNY ELLIS                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, AK                                                                                                                      
POSITION STATEMENT: Sponsor of SB 36.                                                                                         
                                                                                                                                
NATHAN ZENCEY, Staff                                                                                                            
Senator Johnny Ellis                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, AK                                                                                                                      
POSITION STATEMENT: Provided information on SB 36 on behalf of                                                                
the sponsor.                                                                                                                    
                                                                                                                                
DENISE DANIELLO, Executive Director                                                                                             
Alaska Commission on Aging                                                                                                      
Department of Health and Social Services (DHSS)                                                                                 
POSITION STATEMENT: Testified in support of SB 36.                                                                            
                                                                                                                                
RODNEY DIAL, Lieutenant                                                                                                         
Alaska State Troopers                                                                                                           
Department of Public Safety (DPS)                                                                                               
Ketchikan, AK                                                                                                                   
POSITION STATEMENT: Testified that DPS supports the changes made                                                              
to SB 36.                                                                                                                       
                                                                                                                                
MARIE DARLIN, AARP of Alaska                                                                                                    
Juneau, AK                                                                                                                      
POSITION STATEMENT: Testified in support of SB 36.                                                                            
                                                                                                                                
MICHAEL VANVLEET, Social Work Intern                                                                                            
Warrior Transition Unit                                                                                                         
Soldier and Family Assistance                                                                                                   
Anchorage, AK                                                                                                                   
POSITION STATEMENT: Testified in support of SB 36.                                                                            
                                                                                                                                
REPRESENTATIVE MARK NEUMAN                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, AK                                                                                                                      
POSITION STATEMENT: Sponsor of HB 24.                                                                                         
                                                                                                                                
REX SHATTUCK                                                                                                                    
Alaska State Legislature                                                                                                        
Juneau, AK                                                                                                                      
POSITION STATEMENT: Provided information related to HB 24.                                                                    
                                                                                                                                
BRIAN JUDY, Alaska State Liaison                                                                                                
National Rifle Association                                                                                                      
Sacramento, CA                                                                                                                  
POSITION STATEMENT: Testified in support of HB 24.                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:33:35 PM                                                                                                                    
CHAIR  JOHN   COGHILL  called   the  Senate   Judiciary  Standing                                                             
Committee meeting  to order at 1:33  p.m. Present at the  call to                                                               
order  were Senators  Dyson, Olson,  McGuire, and  Chair Coghill.                                                               
Senator Wielechowski  arrived during  the course of  the meeting.                                                               
He stated that  the committee would not hear either  SB 72 or HJR                                                               
4 today,  and that he was  still looking for an  attorney general                                                               
opinion on HB 69.                                                                                                               
                                                                                                                                
              SJR  9-CONST. AM: EDUCATION FUNDING                                                                           
                                                                                                                                
1:35:02 PM                                                                                                                    
CHAIR COGHILL  announced the consideration  of SJR  9, "Proposing                                                               
amendments to  the Constitution of  the State of  Alaska relating                                                               
to  state aid  for education."  He stated  his intention  to take                                                               
action  on   the  legislation,   and  recapped  that   there  was                                                               
considerable discussion  and public testimony that  he allowed to                                                               
wander into  the educational  realm. He asked  the sponsor  if he                                                               
had any closing remarks.                                                                                                        
                                                                                                                                
1:35:12 PM                                                                                                                    
SENATOR MIKE  DUNLEAVY, sponsor of  SJR 9, reviewed  the hearings                                                               
that included  testimony from both  sides of the issue.  He noted                                                               
that the  committee saw a poll  done by the House  that indicates                                                               
that  Alaskans  want  the  opportunity   to  vote  on  how  their                                                               
constitution  should treat  educational funding.  He acknowledged                                                               
that the  issue of  vouchers has clouded  the issue,  and related                                                               
that he  introduced a  bill that  addresses vouchers  through tax                                                               
credits.                                                                                                                        
                                                                                                                                
1:37:28 PM                                                                                                                    
SENATOR DYSON offered his understanding  is that courts in states                                                               
that have  identical constitutional  language have found  that it                                                               
is constitutional for  public money to follow the  student to the                                                               
school of their choice.                                                                                                         
                                                                                                                                
SENATOR DUNLEAVY said  that some would say that  Florida voted no                                                               
and that  courts in Indiana  and Colorado  found in favor  of the                                                               
concept  of  using  public  monies for  vouchers  to  follow  the                                                               
student to private or sectarian schools.                                                                                        
                                                                                                                                
SENATOR DYSON summarized  that courts found in  other states with                                                               
constitutional language that is  similar or more restrictive than                                                               
Alaska's, have  found that it  is legitimate for public  money to                                                               
follow the  student. The problem in  Alaska is a court  said that                                                               
public money could not be  used for private or sectarian schools.                                                               
Thus, the only  choices are to bring another case  or clarify the                                                               
language   in  the   constitution.   The   latter  provides   the                                                               
flexibility to do  things that he and probably  the sponsor think                                                               
should be legitimate already.                                                                                                   
                                                                                                                                
SENATOR DUNLEAVY agreed.                                                                                                        
                                                                                                                                
1:39:51 PM                                                                                                                    
SENATOR MCGUIRE  opined that the committee  answered the judicial                                                               
questions and  none of the  members or  the sponsor wants  to see                                                               
Alaska's public school system fail.                                                                                             
                                                                                                                                
SENATOR  MCGUIRE  moved  to  report SJR  9  from  committee  with                                                               
individual recommendations and attached fiscal note(s).                                                                         
                                                                                                                                
CHAIR COGHILL found  no objection and announced that  SJR 9 moved                                                               
from the Senate Judiciary Standing Committee.                                                                                   
                                                                                                                                
1:40:50 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
         SB  36-MISSING VULNERABLE ADULT RESPONSE PLAN                                                                      
                                                                                                                                
1:42:07 PM                                                                                                                    
CHAIR COGHILL announced the consideration  of SB 36. [SSSB 36 was                                                               
before the committee.]                                                                                                          
                                                                                                                                
1:42:26 PM                                                                                                                    
SENATOR JOHNNY  ELLIS, sponsor  of SB  36, thanked  the committee                                                               
for hearing the  bill and Senator Dyson for joining  him as a co-                                                               
sponsor. He noted  that a similar version of the  bill passed the                                                               
Senate last year 20  to zero. He said the bill  has a zero fiscal                                                               
note  and the  only criticism  is  why hasn't  this already  been                                                               
done. Alaska  has a growing senior  population and is one  of the                                                               
last  states to  take action  in  this regard.  He continued  the                                                               
introduction paraphrasing the following sponsor statement:                                                                      
                                                                                                                                
     This bill would ensure  that the Department of Military                                                                    
     and   Veterans   Affairs   works  together   with   the                                                                    
     Department of Public Safety to  develop plans for state                                                                    
     and local law enforcement  to quickly notify the media,                                                                    
     the public,  and other law enforcement  agencies when a                                                                    
     vulnerable adult  goes missing. A Silver  Alert program                                                                    
     here in  Alaska, we believe, would  establish clear and                                                                    
     consistent   lines   of   communication   and   develop                                                                    
     efficient  procedures  for citizens,  law  enforcement,                                                                    
     and media outlets to follow in this situation.                                                                             
                                                                                                                                
     We believe the preparation in  this bill will ensure we                                                                    
     maintain  an  efficient  system  for  activating  rapid                                                                    
     searches  and media  alerts for  a senior  citizen with                                                                    
     Alzheimer's  disease  or  dementia, or  an  adult  with                                                                    
     mental disabilities  when they  are missing,  even when                                                                    
     law  enforcement  agencies  may  be  burdened  by  high                                                                    
     response demands  in other  areas or  if they  may lose                                                                    
     experienced officers to retirement or turnover.                                                                            
                                                                                                                                
     Thirty-eight  other  states   have  established  Silver                                                                    
     Alerts or even more  extensive missing persons response                                                                    
     programs. Despite this, Alaska  has still not taken the                                                                    
     opportunity   to  design   a  dedicated   response  and                                                                    
     notification  program  for   our  senior  citizens  and                                                                    
     disabled adults  when they go missing.  We believe that                                                                    
     due to  the rapidly growing senior  population here, it                                                                    
     is imperative  that we establish this  program to allow                                                                    
     our  seniors and  disabled adults  to continue  to live                                                                    
     and retire  here, which they are  increasingly choosing                                                                    
     to do alongside their families and children.                                                                               
                                                                                                                                
     We have seen what this  program can do in other states.                                                                    
     Just this past August,  the Mississippi Highway Patrol,                                                                    
        which operates the Silver Alert in Mississippi,                                                                         
      praises their Silver Alert program for helping them                                                                       
     save just three lives in a month.                                                                                          
                                                                                                                                
SENATOR ELLIS  stated that an  Alaska Silver Alert  program would                                                               
pose no  additional cost  to the state,  but would  be invaluable                                                               
for reducing response  times when adults with  dementias or other                                                               
cognitive  disabilities  go missing.  He  relayed  that both  the                                                               
Alaska Broadcasters  Association and public safety  agencies have                                                               
given  input. The  expectation is  that  this program  will be  a                                                               
boost  to law  enforcement and  that  all media  outlets will  be                                                               
happy to  broadcast a  missing vulnerable  adult report  that has                                                               
been  thoroughly   but  promptly   vetted  by   law  enforcement.                                                               
Broadcasters  emphasized the  importance  of  proper vetting  and                                                               
that concept went into the drafting of the bill.                                                                                
                                                                                                                                
SENATOR ELLIS  said that  when a  vulnerable adult  goes missing,                                                               
their best  chance of being found  alive is to be  located within                                                               
24-48  hours.  He noted  that  these  searches can  cost  federal                                                               
taxpayers up to  $1,500 per hour. He offered  to answer questions                                                               
about  the  differences  between  the previous  version  and  the                                                               
proposed committee substitute (CS).                                                                                             
                                                                                                                                
1:47:05 PM                                                                                                                    
CHAIR COGHILL asked for a  motion to adopt the proposed committee                                                               
substitute.                                                                                                                     
                                                                                                                                
1:47:15 PM                                                                                                                    
SENATOR MCGUIRE  moved to adopt  the work  draft CS for  SSSB 36,                                                               
labeled 28-LS0338\C, for discussion purposes.                                                                                   
                                                                                                                                
CHAIR COGHILL  found no  objection and  announced that  version C                                                               
was before the committee. He  asked if the differences related to                                                               
definitions.                                                                                                                    
                                                                                                                                
SENATOR ELLIS said  yes. He explained that  the legislature voted                                                               
to expand the definition of  "vulnerable adult" in the governor's                                                               
anti-trafficking bill  last year,  but law  enforcement expressed                                                               
concern  with that  expanded definition  in the  context of  this                                                               
legislation. He suggested his staff give a brief explanation.                                                                   
                                                                                                                                
1:48:14 PM                                                                                                                    
NATHAN ZENCEY, Staff  to Senator Johnny Ellis, sponsor  of SB 36,                                                               
explained  that  public  safety  wanted to  return  to  the  more                                                               
limited definition of "vulnerable  adult" solely for the purposes                                                               
of  this legislation.  He read  the following  definition in  the                                                               
proposed AS 44.41.060(2)(d):                                                                                                    
                                                                                                                                
     In this  section, "vulnerable adult" means  a person 18                                                                    
     years  of age  or  older who,  because  of physical  or                                                                    
     mental impairment,  is unable to meet  the person's own                                                                    
     needs or to seek help without assistance.                                                                                  
                                                                                                                                
Public  safety  expressed a  preference  for  this definition  to                                                               
avoid the  potential for  both misuse and  over use.  The sponsor                                                               
and advocates support this change.                                                                                              
                                                                                                                                
CHAIR  COGHILL recalled  the discussion  about  the overly  broad                                                               
definition  and that  it  could limit  the  effectiveness of  the                                                               
silver alerts.                                                                                                                  
                                                                                                                                
1:49:57 PM                                                                                                                    
SENATOR  MCGUIRE  asked  if  any  thought  was  given  to  saying                                                               
"vulnerable senior."                                                                                                            
                                                                                                                                
MR. ZENCEY said  that while that designation would  account for a                                                               
large proportion  of the alerts,  advocates and the  sponsor feel                                                               
it is important to include  people with cognitive disabilities in                                                               
the category of vulnerable adults.                                                                                              
                                                                                                                                
SENATOR ELLIS  added that he  agrees with the  previous committee                                                               
that  thought   that  people  with  PTSD   should  be  considered                                                               
vulnerable adults.                                                                                                              
                                                                                                                                
1:50:58 PM                                                                                                                    
SENATOR DYSON  asked if  other states  with similar  programs use                                                               
electronic tracking devices.                                                                                                    
                                                                                                                                
MR. ZENCEY offered to follow up with the information.                                                                           
                                                                                                                                
SENATOR DYSON said that wasn't  necessary and noted that audience                                                               
members were nodding.                                                                                                           
                                                                                                                                
SENATOR MCGUIRE  asked who  is covered by  the definition  and if                                                               
public safety believes  that covering that number  of people will                                                               
be manageable.                                                                                                                  
                                                                                                                                
SENATOR ELLIS explained that the  legislation covers seniors with                                                               
Alzheimer's   and   other   dementias,  adults   with   cognitive                                                               
impairments,  and  adults  with  post-traumatic  stress  disorder                                                               
(PTSD).  The  bill seeks  to  comport  with  the desires  of  the                                                               
broadcasters and  not have  a program  that overloads  the system                                                               
and  places  too many  demands  on  law enforcement.  Referencing                                                               
Senator  Dyson's question,  he explained  that the  bill takes  a                                                               
system  approach  for  emergency alerts  rather  than  individual                                                               
tracking.                                                                                                                       
                                                                                                                                
1:56:16 PM                                                                                                                    
DENISE DANIELLO, Executive Director,  Alaska Commission on Aging,                                                               
Department  of Health  and Social  Services (DHSS),  testified in                                                               
support of  SB 36. She  explained that the commission  is charged                                                               
by  statute to  provide  services for  seniors, educate  Alaskans                                                               
about senior issues, and provide  recommendations to the governor                                                               
and   legislature   regarding    regulations,   legislation   and                                                               
appropriations  for programs  serving senior  Alaskans. She  said                                                               
that wandering is a common  symptom for people with dementias and                                                               
it's  not   uncommon  for  these   people  to  become   lost  and                                                               
disoriented.   According   to   statistics  from   the   national                                                               
Alzheimer's  Association,   about  60  percent  of   people  with                                                               
Alzheimer's disease  may suffer from wandering  during the course                                                               
of  the  disease.  In  Alaska,   this  can  have  life  or  death                                                               
consequences.                                                                                                                   
                                                                                                                                
MS DANIELLO  provided some statistics.  About 6,140  Alaskans age                                                               
65  and older  have some  type of  dementia, and  that population                                                               
will likely  triple over the  next 20 years.  About 1 in  9 older                                                               
Alaskans may  have dementia, and about  1 in 2 people  age 85 and                                                               
older  may  have  Alzheimer's  disease.  According  to  the  2013                                                               
Alzheimer's disease  report, about  1 in 3  elders will  die with                                                               
symptoms of dementia. She reported  that the commission conducted                                                               
seven forums  statewide and found a  top concern was the  need to                                                               
improve public safety for people  with dementias through a silver                                                               
alert or community response system.                                                                                             
                                                                                                                                
MS.  DANIELLO  concluded  that  the  commission  supports  SB  36                                                               
because it  will promote greater awareness  and provide effective                                                               
tools to help find people with dementias.                                                                                       
                                                                                                                                
2:00:12 PM                                                                                                                    
CHAIR COGHILL asked  how people communicate now  if somebody with                                                               
dementia is missing.                                                                                                            
                                                                                                                                
MS. DANIELLO offered her understanding  that there isn't a formal                                                               
plan to respond to people who are missing.                                                                                      
                                                                                                                                
2:01:24 PM                                                                                                                    
RODNEY  DIAL, Lieutenant,  Alaska State  Troopers, Department  of                                                               
Public Safety  (DPS), Ketchikan,  AK, reported that  DPS supports                                                               
the changes  made to  SB 36  and believes  it is  manageable. The                                                               
number  of  people  it  covers  would  not  be  so  great  as  to                                                               
discourage media  participation or desensitize the  public to the                                                               
alerts.  He explained  that  the  department currently  maintains                                                               
emergency and media contact lists  and plans at all Trooper posts                                                               
that can be used in all  missing person cases. He opined that the                                                               
legislation  could be  of benefit  to  municipalities or  smaller                                                               
departments that don't have a plan in place.                                                                                    
                                                                                                                                
2:02:39 PM                                                                                                                    
MARIE  DARLIN, AARP  of Alaska,  testified in  support of  SB 36.                                                               
She noted that the AARP  state office submitted written testimony                                                               
that  included examples  of  what happens  without  a system  for                                                               
locating missing  persons. She  said that  the best  solution now                                                               
for locating somebody  who is missing is to  alert the neighbors.                                                               
The Amber  Alert for locating  missing children has worked  and a                                                               
similar  system should  work for  locating vulnerable  adults who                                                               
are missing, she said.                                                                                                          
                                                                                                                                
2:04:57 PM                                                                                                                    
MICHAEL VANVLEET,  Social Work  Intern, Warrior  Transition Unit,                                                               
Soldier and Family Assistance, testified  in support of SB 36. He                                                               
informed  the committee  that he  was a  student at  UAA and  had                                                               
served in  the Marine  Corps. He opined  that the  individuals in                                                               
the  Warrior  Transition  Unit  and  active  duty  military  with                                                               
traumatic brain  injury would benefit  from this  legislation. He                                                               
related that many members of the  military between the ages of 18                                                               
and 24 have severe cognitive  impairment and sometimes wander and                                                               
don't know where they are because of their injuries.                                                                            
                                                                                                                                
2:08:05 PM                                                                                                                    
CHAIR COGHILL announced his intention  to hold SB 36 in committee                                                               
and take action on Friday.                                                                                                      
                                                                                                                                
                      HB  24-SELF DEFENSE                                                                                   
                                                                                                                                
2:08:59 PM                                                                                                                    
CHAIR  COGHILL  announced  the  consideration  of  HB  24.  [CSHB                                                               
24(JUD) was before the committee.]                                                                                              
                                                                                                                                
2:09:45 PM                                                                                                                    
REPRESENTATIVE MARK  NEUMAN, joint prime  sponsor of HB  24, said                                                               
HB 24  is "An Act relating  to self-defense in any  place where a                                                               
person  has a  right to  be." He  explained that  the bill  would                                                               
extend the rights  of the castle doctrine to any  place in Alaska                                                               
where a  person has a legal  right to be. However,  the bill does                                                               
not change  the justification  clauses. He  noted that  the House                                                               
Judiciary  Committee made  a slight  change and  placed the  word                                                               
"other" between  the words "any" and  "place" [on page 2,  line 3                                                               
to  clarify that  the proposed  new AS  11.81.335(b)(5) addresses                                                               
locations  other  than  those already  outlined  in  existing  AS                                                               
11.81.335(b)(1)  and (3).]  He summarized  that  the bill  allows                                                               
Alaskans to protect  themselves and their families  when they are                                                               
in any place they have a right to be.                                                                                           
                                                                                                                                
2:12:08 PM                                                                                                                    
SENATOR DYSON offered his understanding  that to use deadly force                                                               
a person has to be in fear of death or serious bodily harm.                                                                     
                                                                                                                                
REPRESENTATIVE NEUMAN confirmed that  the justification clause in                                                               
AS 11.81.335(a) says that a person  may use deadly force in self-                                                               
defense "to  the extent  that a  person reasonably  believes that                                                               
the  use of  deadly  force is  necessary  against death;  serious                                                               
physical  injury;   kidnapping,  except  what  is   described  as                                                               
custodial  interference in  the first  degree; sexual  assault in                                                               
the first  and second  degrees; sexual  abuse of  a minor  in the                                                               
first degree; or robbery in any degree."                                                                                        
                                                                                                                                
SENATOR  DYSON  said  he  wanted   it  on  the  record  that  the                                                               
legislation does  not exclude the  fact that  for a person  to be                                                               
justified in  using deadly force  the person  must be in  fear of                                                               
their  life  or  serious  physical injury.  This  does  not  give                                                               
blanket permission for people to shoot somebody.                                                                                
                                                                                                                                
2:13:22 PM                                                                                                                    
SENATOR MCGUIRE highlighted  that AS 11.81.335(b) goes  on to say                                                               
"A person  may not  use deadly  force under  this section  if the                                                               
person  knows  that,  with  complete  personal  safety  and  with                                                               
complete  safety as  to  others being  defended,  the person  can                                                               
avoid the necessity of using deadly  force by leaving the area of                                                               
the encounter, except  there is no duty to leave  the area if the                                                               
person is" on  premises the person owns or leases,  resides or is                                                               
a guest. The  bill does not change that except  as outlined under                                                               
subsection (a).                                                                                                                 
                                                                                                                                
She  asked  for  the  reasoning underlying  the  House  Judiciary                                                               
amendment to insert  "other" between the words  "any" and "place"                                                               
[on page 2, line 3].                                                                                                            
                                                                                                                                
REPRESENTATIVE  NEUMAN  said that  body  wanted  to clarify  that                                                               
paragraph (5)  identifies a place  other than a person's  home or                                                               
business.                                                                                                                       
                                                                                                                                
CHAIR COGHILL  asked for an  explanation of the debate  that took                                                               
place  on the  House floor  and where  the sponsor  stood on  the                                                               
proposed amendment relating to robbery.                                                                                         
                                                                                                                                
2:15:50 PM                                                                                                                    
REPRESENTATIVE  NEUMAN  explained  that  current  statue  says  a                                                               
person has the  right to use deadly force in  the defense of self                                                               
in  robbery in  any  degree. The  proposed  amendment would  have                                                               
eliminated the  possibility to  use deadly  force for  robbery in                                                               
the  second degree.  He  did not  support  the amendment  because                                                               
circumstances can  be nuanced  and change in  a split  second. AS                                                               
11.41.500,  robbery in  the first  degree, involves  a threat  of                                                               
physical  injury. AS  11.41.510,  robbery in  the second  degree,                                                               
does not involve a threat or  physical injury. He relayed that he                                                               
respected  the  fact  that   previous  legislators  included  all                                                               
robbery.                                                                                                                        
                                                                                                                                
CHAIR  COGHILL offered  his understanding  that robbery  involves                                                               
taking from somebody as opposed to thievery.                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN reiterated  that  he did  not support  the                                                               
floor amendment proposed in the other body.                                                                                     
                                                                                                                                
2:19:05 PM                                                                                                                    
REX SHATTUCK, Staff to Representative  Mark Neuman, sponsor of HB                                                               
24, added that robbery is  typically against a person. It doesn't                                                               
matter what  is being taken; if  there is a weapon  or indication                                                               
of serious  threat, it  is against a  person. He  emphasized that                                                               
the  deliberations   are  about  protecting  the   rights  of  an                                                               
individual.                                                                                                                     
                                                                                                                                
CHAIR COGHILL  said the law  should be very clear  because people                                                               
won't be  thinking about the  fine points of law  when confronted                                                               
by a violent act.                                                                                                               
                                                                                                                                
2:20:26 PM                                                                                                                    
REPRESENTATIVE NEUMAN said he  spent considerable time discussing                                                               
the  point  with  legislative  legal  and  decided  that  it  was                                                               
appropriate to keep the current statute.                                                                                        
                                                                                                                                
2:21:02 PM                                                                                                                    
BRIAN  JUDY, Alaska  State Liaison,  National Rifle  Association,                                                               
said the NRA supports HB  24. He said this important self-defense                                                               
legislation provides  that a law-abiding person  who is justified                                                               
in  using deadly  force in  self-defense has  no duty  to retreat                                                               
from an attack if the person is in  a place he or she has a legal                                                               
right to be.  He emphasized that this only affects  cases where a                                                               
person  is  justified.  He  explained  that  current  Alaska  law                                                               
provides that  there is  no duty  to retreat if  a person  who is                                                               
justified in  using deadly force  in self-defense is  on premises                                                               
they own, lease,  reside, or work. If the person  is in any other                                                               
place and  knows he  or she  can retreat  from an  encounter, the                                                               
person  is  legally required  to  do  so.  In an  encounter  that                                                               
requires  a  person to  use  deadly  force in  self-defense,  the                                                               
person must  first consider justification  and then  retreat. The                                                               
only time retreat becomes a  consideration is when the person has                                                               
determined he or she is justified in taking action.                                                                             
                                                                                                                                
AS 11.81.335 and  AS 11.81.330 build on each other  to create the                                                               
legal requirement for justification, and  the bottom line is that                                                               
a person may only use deadly  force in self-defense if the person                                                               
reasonably believes  it is necessary  against an  imminent threat                                                               
of death,  serious physical  injury, kidnapping,  sexual assault,                                                               
and robbery.  To employ self-defense  a person also  must satisfy                                                               
both subjective and objective  standards. The subjective standard                                                               
is that  the person  must actually believe  that deadly  force is                                                               
necessary.  The objective  standard is  that a  reasonable person                                                               
would have  to hold  that belief  under the  circumstances. There                                                               
are also  certain circumstances that specifically  do not justify                                                               
the use of  deadly or nondeadly force. These are  if a person was                                                               
engaged  in  mutual  combat;  if  a  person  provoked  the  other                                                               
person's  conduct;  if  the person  using  self-defense  was  the                                                               
initial aggressor; or if the  person was involved in felonious or                                                               
gang activity.                                                                                                                  
                                                                                                                                
He  recapped that  a person  using deadly  force in  self-defense                                                               
must  have justification  and  must consider  in  a split  second                                                               
whether  to respond  to  an aggressor  with  force. Removing  the                                                               
question  as to  whether  the person  can  retreat with  complete                                                               
safety means one  less thing a potential victim  must consider in                                                               
what may be a life-or-death,  split-second decision. Removing the                                                               
duty to retreat does not change  the fact that a person must have                                                               
justification.                                                                                                                  
                                                                                                                                
MR. JUDY  refuted the  argument that  the bill  promotes violence                                                               
saying  that  a  person  may  only use  deadly  force  when  they                                                               
reasonably  believe  it  is  necessary  to  prevent  an  imminent                                                               
threat.  He  said  he  also   believes  that  the  opposition  is                                                               
mischaracterizing the justification  statute. Under existing law,                                                               
a person  who resists an  aggressor bears  the risk of  a finding                                                               
that  while  the  response was  proportional  to  the  reasonably                                                               
perceived  threat, the  person  overestimated  the difficulty  of                                                               
getting away safely  and is therefore guilty of a  crime. He said                                                               
that removing the retreat provision  shifts some of the risk back                                                               
to the aggressor. Noting that  opponents argue that the bill will                                                               
benefit  dangerous  criminals, he  emphasized  that  the duty  to                                                               
retreat actually  protects persons against whom  defense of force                                                               
would  otherwise  be  justified. He  concluded  that  law-abiding                                                               
citizens  should not  fear criminal  prosecution when  they stand                                                               
their  ground  and  defend  themselves  without  retreating  when                                                               
they're justified and in a place they have a legal right to be.                                                                 
                                                                                                                                
2:29:16 PM                                                                                                                    
CHAIR COGHILL noted that Quinlan  Steiner was available to answer                                                               
questions.  He  highlighted that  the  committee  heard the  bill                                                               
several times  in previous years.  He said he was  satisfied that                                                               
gunplay between  competing groups falls under  justification with                                                               
regard to mutual combat and provocation.                                                                                        
                                                                                                                                
2:30:17 PM                                                                                                                    
SENATOR  DYSON  commented that  it  is  instructive to  read  the                                                               
sections  on  self-defense  in  AS  11.81.340  and  AS  11.81.350                                                               
because they expand on other areas  where the use of deadly force                                                               
is justified.  He offered his belief  that HB 24 does  not affect                                                               
those sections.                                                                                                                 
                                                                                                                                
2:32:12 PM                                                                                                                    
SENATOR WIELECHOWSKI joined the committee.                                                                                      
                                                                                                                                
REPRESENTATIVE  NEUMAN agreed.  He asked  to distribute  a letter                                                               
[dated March  28, 2012] to  the former Judiciary  Committee chair                                                               
from  Attorney   General  Geraghty  who  said,   "The  fact  that                                                               
defendants may  attempt to take advantage  of the law once  it is                                                               
on  the books  should not  dissuade  us from  enacting laws  that                                                               
protect a citizen's right to  legitimate self-defense outside the                                                               
home."                                                                                                                          
                                                                                                                                
CHAIR COGHILL said  he initially didn't intend to  take action on                                                               
the bill  today, but  he hadn't  heard a lot  of other  dialog at                                                               
this point.                                                                                                                     
                                                                                                                                
SENATOR DYSON said  there was a lively debate in  the other body,                                                               
and he had  given the issue a  lot of thought for  the past three                                                               
years so he was comfortable moving the bill along.                                                                              
                                                                                                                                
CHAIR  COGHILL said  he wanted  to make  sure that  the committee                                                               
heard about the debate that took  place on the floor in the other                                                               
body.  He said  he  was satisfied  and was  willing  to accept  a                                                               
motion.                                                                                                                         
                                                                                                                                
2:34:19 PM                                                                                                                    
SENATOR MCGUIRE  moved to report  CS for  HB 24, version  \U from                                                               
committee  with individual  recommendations  and attached  fiscal                                                               
note(s).                                                                                                                        
                                                                                                                                
2:34:33 PM                                                                                                                    
CHAIR COGHILL announced that without objection CSHB 24(JUD)                                                                     
moved from the Senate Judiciary Standing Committee.                                                                             
                                                                                                                                
2:34:43 PM                                                                                                                    
There being no further business to come before the committee,                                                                   
Chair Coghill adjourned the Senate Judiciary Standing Committee                                                                 
meeting at 2:34 p.m.