05/03/2002 01:15 PM JUD
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Detailed Minutes
pdf txt
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
MEMBERS PRESENT
Representative Norman Rokeberg, Chair
Representative John Coghill
Representative Kevin Meyer
Representative Ethan Berkowitz
Representative Albert Kookesh
Representative Jeannette James
MEMBERS ABSENT
Representative Scott Ogan, Vice Chair
CS FOR SENATE BILL NO. 6(FIN)
"An Act relating to required notice of eviction to mobile home
park dwellers and tenants before redevelopment of the park."
- MOVED HCS CSSB 6(JUD) OUT OF COMMITTEE
SENATE BILL NO. 295
"An Act relating to the disclosure of information regarding
delinquent minors to certain licensing agencies; and providing
for an effective date."
- MOVED SB 295 OUT OF COMMITTEE
CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 100(RLS)(title am)
"An Act relating to regulation and operation of personal motor
vehicles."
- MOVED CSSSSB 100(RLS)(title am) OUT OF COMMITTEE
"An Act increasing fines for certain criminal offenses."
CS FOR SENATE BILL NO. 238(RLS)
"An Act exempting from the category of public records certain
records and information relating to state safety plans,
programs,  and   procedures,  and  to  systems,   facilities,  and
infrastructure  in  the  state;  and providing  for  an  effective
date."
- MOVED CSSB 238(RLS) OUT OF COMMITTEE
CS FOR SENATE BILL NO. 278(FIN)
"An  Act  requiring  a good  faith  effort  to  purchase  property
before  that  property  is  taken   through  eminent  domain;  and
providing for an effective date."
- MOVED HCS CSSB 278(JUD) OUT OF COMMITTEE
SENATE JOINT RESOLUTION NO. 37
Proposing  an  amendment  to  the Constitution  of  the  State  of
Alaska  relating  to  officers  and  employees  of  the  executive
branch.
- MOVED SJR 37 OUT OF COMMITTEE
Proposing amendments  to the Constitution  of the State  of Alaska
relating to information regarding proposed expenditures.
PREVIOUS ACTION
BILL: SB 6
SHORT TITLE:MOBILE HOME PARK EVICTION NOTICE
SPONSOR(S): SENATOR(S) ELLIS
Jrn-Date   Jrn-Page                      Action
01/08/01     0013       (S)         PREFILE RELEASED - 12/29/00
01/08/01     0013       (S)         READ THE FIRST TIME -
01/08/01     0013       (S)         L&C, FIN
03/01/01                (S)         L&C AT 1:30 PM BELTZ 211
03/01/01                (S)         Heard & Held
03/01/01                (S)         MINUTE(L&C)
03/08/01                (S)         Moved CS(L&C) Out of
03/09/01     0594       (S)         L&C RPT CS 4DP 1NR SAME TITLE
03/09/01     0595       (S)         DP: PHILLIPS, DAVIS,
AUSTERMAN, LEMAN;
03/09/01     0595       (S)         NR: TORGERSON
03/09/01     0595       (S)         FN1: ZERO(LAW)
03/19/01                (S)         FIN AT 9:00 AM SENATE FINANCE
03/19/01                (S)         MINUTE(FIN)
03/22/01     0768       (S)         FIN RPT CS 4DP 1DNP 2NR SAME
03/22/01     0768       (S)         DP: DONLEY, HOFFMAN, OLSON,
LEMAN;
03/22/01     0768       (S)         NR: KELLY, WILKEN; DNP: GREEN
03/28/01                (S)         RLS AT 10:45 AM FAHRENKAMP
03/28/01                (S)         MINUTE(RLS)
03/29/01     0858       (S)         RULES TO CALENDAR 3/29/01
03/29/01     0862       (S)         READ THE SECOND TIME
03/29/01     0862       (S)         FIN CS ADOPTED UNAN CONSENT
03/29/01     0862       (S)         ADVANCED TO THIRD READING
UNAN CONSENT
03/29/01     0862       (S)         READ THE THIRD TIME CSSB
6(FIN)
03/29/01     0863       (S)         PASSED Y12 N7 A1
03/29/01     0867       (S)         TRANSMITTED TO (H)
03/29/01     0867       (S)         VERSION: CSSB 6(FIN)
03/30/01     0782       (H)         READ THE FIRST TIME -
03/30/01     0782       (H)         JUD
03/30/01     0794       (H)         CROSS SPONSOR(S): GUESS,
04/02/01     0816       (H)         CROSS SPONSOR(S): MURKOWSKI
02/13/02                (H)         JUD AT 1:00 PM CAPITOL 120
02/13/02                (H)         Heard & Held
02/13/02                (H)         MINUTE(JUD)
MINUTE(JUD)
BILL: SB 295
SHORT TITLE:LICENSING:DISCLOSURE OF MINORS' RECORDS
SPONSOR(S): SENATOR(S) KELLY
02/13/02     2183       (S)         HES, JUD
03/04/02                (S)         HES AT 1:30 PM BUTROVICH 205
03/04/02                (S)         Moved SB 295 Out of Committee
03/04/02                (S)         MINUTE(HES)
03/06/02     2384       (S)         HES RPT 5DP
03/06/02     2384       (S)         DP: GREEN, WILKEN, LEMAN,
DAVIS, WARD
03/06/02     2384       (S)         FN1: ZERO(HSS)
03/22/02                (S)         JUD AT 1:30 PM BELTZ 211
03/22/02                (S)         -- Meeting Canceled --
04/10/02                (S)         Moved Out of Committee
04/10/02                (S)         MINUTE(JUD)
04/11/02     2729       (S)         JUD RPT 5DP
04/11/02     2729       (S)         DP: TAYLOR, COWDERY, ELLIS,
THERRIAULT,
04/11/02     2729       (S)         DONLEY
04/17/02     2809       (S)         READ THE THIRD TIME SB 295
04/17/02     2809       (S)         COSPONSOR(S): HALFORD, LEMAN,
COWDERY,
04/17/02     2809       (S)         AUSTERMAN
04/17/02     2810       (S)         PASSED Y19 N- E1
04/17/02     2810       (S)         EFFECTIVE DATE(S) SAME AS
04/17/02     2814       (S)         VERSION: SB 295
04/18/02     2996       (H)         HES, JUD
04/25/02                (H)         HES AT 3:00 PM CAPITOL 106
04/25/02                (H)         Moved Out of Committee
MINUTE(HES)
04/26/02     3168       (H)         HES RPT 6DP
04/26/02     3168       (H)         DP: STEVENS, JOULE, COGHILL,
CISSNA,
04/26/02     3168       (H)         WILSON, DYSON
04/26/02     3168       (H)         FN1: ZERO(HSS)
SHORT TITLE:PERSONAL MOTOR VEHICLES/ REGISTRATION
SPONSOR(S): SENATOR(S) HALFORD
02/20/01     0431       (S)         TRA
03/08/01                (S)         TRA AT 1:30 PM BUTROVICH 205
Meeting Postponed to 3/13/01
03/13/01                (S)         MINUTE(TRA)
03/27/02     2540       (S)         SPONSOR SUBSTITUTE
INTRODUCED-REFERRALS
04/04/02                (S)         Meeting Postponed to 4/9/02
04/09/02                (S)         Moved CS(TRA) Out of
MINUTE(TRA)
04/10/02     2706       (S)         TRA RPT CS 1DP 1DNP 3NR NEW
04/10/02     2706       (S)         NR: COWDERY, WILKEN, TAYLOR;
04/10/02     2706       (S)         DP: WARD; DNP: ELTON
04/10/02     2706       (S)         FN1: ZERO(S.TRA)
04/18/02     2837       (S)         RULES TO CALENDAR W/CS 4/18
04/18/02     2841       (S)         RLS CS ADOPTED UNAN CONSENT
04/18/02     2841       (S)         AM NO 1 (TITLE AM) ADOPTED
04/18/02     2842       (S)         READ 3RD TIME CSSSSB
100(RLS)(TITLE AM)
04/18/02     2842       (S)         VERSION: CSSSSB
SHORT TITLE:INCREASE CRIMINAL FINES
SPONSOR(S): FINANCE
02/20/02     2264       (S)         FIN
03/18/02     2449       (S)         FIN RPT 2DP 4NR
03/18/02     2449       (S)         DP: DONLEY, WARD; NR: GREEN,
AUSTERMAN,
03/18/02     2449       (S)         HOFFMAN, LEMAN
03/18/02     2449       (S)         FN1: INDETERMINATE(LAW)
03/18/02     2449       (S)         FN2: INDETERMINATE(ADM)
03/25/02     2520       (S)         ELTON NOTICE OF
03/27/02     2545       (S)         RECON TAKEN UP - IN THIRD
03/27/02     2545       (S)         PASSED ON RECONSIDERATION Y16
04/01/02     2733       (H)         JUD, FIN
04/26/02                (H)         Heard & Held - Time Change -
SHORT TITLE:PUBLIC RECORDS: STATE SECURITY & SAFETY
SPONSOR(S): RLS BY REQUEST OF THE GOVERNOR
01/16/02     1957       (S)         STA, TRA
01/16/02     1957       (S)         FN1: ZERO(DOT)
01/16/02     1958       (S)         GOVERNOR'S TRANSMITTAL LETTER
01/24/02                (S)         STA AT 3:30 PM BELTZ 211
01/24/02                (S)         MINUTE(STA)
01/31/02                (S)         Scheduled But Not Heard
02/12/02                (S)         Moved CSSB 238(STA) Out of
02/13/02     2172       (S)         STA RPT CS 4DP 1NR NEW TITLE
02/13/02     2172       (S)         DP: THERRIAULT, PHILLIPS,
02/13/02     2172       (S)         DAVIS; NR: HALFORD
04/16/02                (S)         Moved CS(STA) Out of
04/17/02     2805       (S)         TRA RPT CS(STA) 1DP 3NR
04/17/02     2805       (S)         NR: COWDERY, WILKEN, WARD;
04/17/02     2805       (S)         DP: ELTON
SAME TITLE
238(RLS)
04/30/02     3045       (S)         PASSED Y20 N-
04/30/02     3054       (S)         VERSION: CSSB 238(RLS)
SHORT TITLE:TAKING PROPERTY BY EMINENT DOMAIN
SPONSOR(S): SENATOR(S) TORGERSON
02/04/02     2108       (S)         CRA, JUD
02/19/02     2243       (S)         COSPONSOR(S): WILKEN
02/27/02                (S)         CRA AT 1:30 PM FAHRENKAMP 203
02/27/02                (S)         MINUTE(CRA)
03/01/02     2338       (S)         CRA RPT 2DP 2NR
03/01/02     2338       (S)         DP: TORGERSON, KELLY;
03/01/02     2338       (S)         NR: PHILLIPS, LINCOLN
03/01/02     2338       (S)         FN1: ZERO(CRT)
04/08/02                (S)         Moved CS(JUD) Out of
04/09/02     2680       (S)         JUD RPT CS 1DP 2NR SAME TITLE
04/09/02     2680       (S)         DP: TAYLOR; NR: THERRIAULT,
04/09/02     2680       (S)         FN2: INDETERMINATE(DOT)
04/10/02     2717       (S)         FIN REFERRAL ADDED BEFORE
MINUTE(FIN)
04/17/02                (S)         Moved CS(FIN) Out of
04/18/02     2831       (S)         FIN RPT CS 5DP 3NR SAME TITLE
04/18/02     2831       (S)         NR: DONLEY, KELLY, HOFFMAN;
04/18/02     2831       (S)         DP: GREEN, AUSTERMAN, OLSON,
WILKEN,
04/18/02     2831       (S)         LEMAN
04/22/02                (S)         RLS AT 9:30 AM FAHRENKAMP 203
278(FIN)
04/24/02     2936       (S)         VERSION: CSSB 278(FIN)
BILL: SJR 37
SHORT TITLE:CONST AM: HIRING FREEZE
02/19/02     2226       (S)         STA, JUD, FIN
02/26/02                (S)         Moved SJR 37 Out of Committee
02/27/02     2318       (S)         STA RPT 3DP 1NR
HALFORD;
02/27/02     2318       (S)         NR: STEVENS
02/27/02     2318       (S)         FN1: (GOV)
03/20/02     2472       (S)         JUD RPT 3DP 1DNP
03/20/02     2472       (S)         DP: TAYLOR, COWDERY,
THERRIAULT;
03/20/02     2472       (S)         DNP: ELLIS
03/22/02     2496       (S)         DP: DONLEY, KELLY, GREEN,
WILKEN, WARD,
03/22/02     2496       (S)         LEMAN; NR: AUSTERMAN,
HOFFMAN, OLSON
03/28/02     2556       (S)         RULES TO CALENDAR 1OR 3/28/02
03/28/02     2559       (S)         ADVANCED TO THIRD READING FLD
Y14 N3 E3
03/28/02     2559       (S)         ADVANCED TO THIRD READING 4/2
04/02/02     2591       (S)         READ THE THIRD TIME SJR 37
04/02/02     2592       (S)         HELD IN THIRD READING TO 4/8
04/08/02     2663       (S)         BEFORE THE SENATE IN THIRD
04/08/02     2663       (S)         PASSED Y14 N5 E1
04/09/02     2691       (S)         RECONSIDERATION NOT TAKEN UP
04/09/02     2692       (S)         VERSION: SJR 37
04/10/02     2861       (H)         STA, JUD, FIN
04/16/02                (H)         STA AT 8:00 AM CAPITOL 102
04/16/02                (H)         Moved Out of Committee --
Recessed to Thurs. 4/18/02 --
04/16/02                (H)         MINUTE(STA)
04/16/02     2949       (H)         STA RPT 2DP 2DNP 3NR
04/16/02     2949       (H)         DP: WILSON, STEVENS; DNP:
CRAWFORD,
04/16/02     2949       (H)         HAYES; NR: JAMES, FATE,
COGHILL
04/16/02     2950       (H)         FN1: (GOV)
SHORT TITLE:CONST AM: PRIORITY OF  EXPENDITURES
02/27/02     2318       (S)         DP: THERRIAULT, HALFORD,
PHILLIPS;
03/20/02     2472       (S)         JUD RPT 3DP 1NR
03/20/02     2472       (S)         NR: ELLIS
WARD, LEMAN;
03/22/02     2496       (S)         NR: AUSTERMAN, HOFFMAN,
OLSON, WILKEN
03/22/02     2501       (S)         COSPONSOR(S): DONLEY, LEMAN
04/16/02                (H)         Scheduled But Not Heard --
04/23/02     3094       (H)         STA RPT 2DP 5NR
04/23/02     3094       (H)         DP: STEVENS, FATE; NR:
WILSON,
04/23/02     3094       (H)         CRAWFORD, JAMES, HAYES,
WITNESS REGISTER
GWENDOLYN HALL, Staff
to Senator Pete Kelly
Capitol Building, Room 518
Juneau, Alaska  99801
POSITION STATEMENT:   Presented SB  295 on behalf of  the sponsor,
Senator  Kelly.   During  discussion  of SJR  38,  responded to  a
question on behalf of the sponsor, Senator Kelly.
ROBERT BUTTCANE, Legislative & Administrative Liaison
Division of Juvenile Justice (DJJ)
Department of Health & Social Services (DHSS)
Juneau, Alaska  99811-0635
POSITION  STATEMENT:     Testified  in  support  of   SB  295  and
responded to questions.
KELLY HUBER, Staff
to Senator Rick Halford
Senator Halford.
DENNIS POSHARD, Legislative Liaison/Special Assistant
Office of the Commissioner
Department of Transportation & Public Facilities (DOT&PF)
3132 Channel Drive
POSITION  STATEMENT:   During discussion  of SB  100, stated  that
the department has  no objections to the bill.   During discussion
of  SB 278,  provided  comments on  the  proposed House  committee
substitute - Version S.
MARILYN WILSON, Staff
to Senator Dave Donley
POSITION STATEMENT:   During discussion of SB 339,  responded to a
question on behalf of the sponsor, the Senate Finance Committee.
CAROL CARROLL, Director
Department of Military & Veterans' Affairs (DMVA)
400 Willoughby Avenue, Suite 500
POSITION  STATEMENT:     Presented  SB   238  on  behalf   of  the
MICHAEL G. MITCHELL, Assistant Attorney General
Governmental Affairs Section
Civil Division (Anchorage)
Department of Law (DOL)
1031 West 4th Avenue, Suite 200
Anchorage, Alaska  99501-1994
POSITION STATEMENT:  Assisted with the presentation of SB 238
and responded to questions.
HEATHER M. NOBREGA, Staff
to Representative Norman Rokeberg
POSITION STATEMENT:  During discussion of SB 278, explained the
changes in the proposed House committee substitute and responded
to questions.
JON TILLINGHAST, General Counsel
Sealaska Corporation
POSITION STATEMENT:  Provided comments and responded to
questions during discussion of SB 278.
MICHAEL L. DOWNING, Director/Chief Engineer
Division of Statewide Design & Engineering Services
POSITION STATEMENT:  Provided comments during discussion of SB
JAMES CANTOR, Assistant Attorney General
Transportation Section
ACTION NARRATIVE
TAPE 02-60, SIDE A
CHAIR  NORMAN   ROKEBERG  called  the  House   Judiciary  Standing
Committee  meeting   to  order  at  1:15  p.m.     Representatives
Rokeberg, Coghill,  Meyer, Berkowitz, and Kookesh  were present at
the  call to  order.   Representatives  James  joined the  meeting
after the recess.
SB 6 - MOBILE HOME PARK EVICTION NOTICE
CHAIR ROKEBERG  announced that the  first order of  business would
be CS  FOR SENATE BILL  NO. 6(FIN), "An  Act relating  to required
notice  of  eviction to  mobile  home  park dwellers  and  tenants
before  redevelopment of  the park."   [Before  the committee  was
the proposed  House committee substitute  (HCS) for SB  6, version
22-LS0216\W,  Kurtz,   2/11/02,  adopted   as  a  work   draft  on
2/13/02.]
CHAIR  ROKEBERG noted  that at  the 5/1/02  hearing of  SB 6,  the
motion  to adopt  the  new  proposed HCS  for  SB  6, version  22-
LS0216\U, Kurtz, 4/26/02, as a work draft was left pending.
CHAIR ROKEBERG  restated the motion to  adopt Version U  as a work
draft.
CHAIR ROKEBERG  explained that  Version U  provides for  notice of
180 days, whereas  Version W provides for notice of  270 days.  He
opined that  because SB 6  stipulates that  a quit date  cannot be
given earlier than  May 1 or later than October 15,  notice of 180
days would be sufficient.
REPRESENTATIVE   MEYER  pointed   out  that   270  days   was  the
compromise worked out  between parties who felt that  365 days was
too long and parties who felt that 180 days was not sufficient.
CHAIR ROKEBERG  withdrew the motion to  adopt Version U  as a work
draft.  Therefore, Version W remained before the committee.
REPRESENTATIVE  BERKOWITZ moved  to report HCS  for SB  6, version
22-LS0216\W,  Kurtz, 2/11/02,  out  of committee  with  individual
recommendations  and the  accompanying  zero fiscal  note.   There
being no  objection, HCS CSSB 6(JUD)  was reported from  the House
Judiciary Standing Committee.
CHAIR ROKEBERG called an at-ease from 1:20 p.m. to 1:22 p.m.
SB 295 - LICENSING:DISCLOSURE OF MINORS' RECORDS
CHAIR ROKEBERG  announced that  the next  order of business  would
be SENATE  BILL NO.  295, "An  Act relating  to the disclosure  of
information  regarding  delinquent  minors  to  certain  licensing
agencies; and providing for an effective date."
GWENDOLYN  HALL,  Staff  to  Senator   Pete  Kelly,  Alaska  State
Legislature,  said on behalf  of Senator  Kelly, sponsor,  that SB
295 was introduced  to help ensure that individuals  in child care
facilities and  adult care facilities  receive quality care.   She
elaborated:
Currently,  both  state  and federal  laws  require  all
child  and adult  care licensing  authorities to  review
criminal  histories  of  every  individual  age  16  and
older who is  either seeking a care  license, employment
with  a care  provider, or  residing  in the  home of  a
care  provider  seeking  licensure.   However,  ...  for
those   age  16   and  younger,   that  information   is
inaccessible.
MS.  HALL  said that  SB  295  will allow  licensing  agencies  to
obtain,   from  the   [Division   of  Juvenile   Justice   (DJJ)],
information on  people age  16 and younger  who are living  in the
home  of  care  providers  seeking   licensure;  for  example,  an
individual  who  is  seeking  licensure  for  an  in-home  daycare
facility may  have a 13-year  old child  who is a convicted  child
molester.   Currently, licensing  agencies do  not have  access to
that  information, but  passage of  SB 295  would allow  licensing
agencies in  Alaska, as  well as  those from other  jurisdictions,
access to that information.
ROBERT BUTTCANE,  Legislative &  Administrative Liaison,  Division
of  Juvenile  Justice   (DJJ),  Department  of  Health   &  Social
Services (DHSS),  said that the DJJ  and the DHSS support  SB 295,
and  noted  that   Senator  Kelly  is  actually   sponsoring  this
legislation on  their behalf.   He said that  SB 295 plugs  a hole
in  a  statute that  currently  does  not  give the  DJJ  explicit
authority in  all cases to  provide this information  to licensing
agencies;  the language  in  this  bill would  take  care of  that
problem to  the betterment of those  who provide care  services to
seniors and children.
MR. BUTTCANE,  in response  to a question  regarding what  kind of
information  would be  disclosed,  pointed out  that  SB 295  says
"appropriate  information".    He  surmised that  the  DHSS  would
develop regulations  and policies  that would provide  guidance as
to  what "appropriate  information"  would  actually  entail.   He
said, "In general,  what we would want to do is  to make sure that
the  licensing agency  had  the information  that  they needed  to
make  appropriate licensing  decisions."   While  in general  that
would  be delinquency  adjudication  information,  in other  case-
specific  situations,  they  may  also simply  need  the  referral
REPRESENTATIVE  COGHILL,   noting  that  he  is   concerned  about
whether just conviction  information would be released  or whether
"charging"  information would  also  be released,  asked what  the
regulations  delineating  "appropriate   information"  might  look
MR. BUTTCANE said:
Without knowing  what the end product of  something that
we  haven't  started  work  on  will  look  like,  in  a
delinquency   system,   the    conventional   terms   of
"charges"  [and] "convictions"  ... don't really  apply;
they're  not   consistent  with  delinquency   language,
which  relates  to  referrals   or  adjudications  [and]
adjusted offenses  versus adjudicated offenses.   That's
why the bill  was crafted in the way that  it was, where
it's  "appropriate information".    So as  we work  with
licensing agencies  to make sure  that they get  what it
is that they  need, ... we still preserve  some level of
protection  to  juveniles  who have  had  offenses  that
were   adjusted  appropriately,   so  that  they   don't
forever bear the consequences of adolescent decisions.
It's a fine  line to walk, but I think that  the statute
that  we propose  here would  do that.   Certainly,  any
type of  referral for a  sexual offense is  probably one
of those,  even though  it might  be adjusted through  a
series  of diversion activities,  [that] would  probably
be  appropriate  for a  licensing  agency  to know.    A
shoplift  of  a candy  bar  probably is  unnecessary  if
that  has  been  adjusted.   That's  why  this  language
"appropriate"  give  us  some  latitude  to  help  craft
exactly  what it  is that  a licensing  agency needs  in
order to make an appropriate decision.
REPRESENTATIVE COGHILL asked whether there has "been discussion
of any protocol for a system."
That issue has  not come up in [the]  committee hearings
that we  have had [for]  this bill; ... those  questions
were  really not  discussed  as part  of the  committee.
But as we  have worked with the Department  of Education
[and   Early   Development],   for  instance,   who   is
responsible  for child  care licensing,  we did  address
some  of those  issues, and  they  have a  need to  know
whether  or not the  kid has  had any violent  offenses,
physical   assault  offenses,   [or]  certainly   sexual
offenses.  And  those are probably the type  of offenses
that  will  be  listed [for]  the  information  [to  be]
provided to a licensing agency.
Certainly  felonies,  even  though they  may  be  felony
property   offenses.      While,   again,   we   haven't
specifically  figured  out  how we're  going  to  define
this,  in  all  probability,   anything  that  has  been
adjudicated  delinquent, of  any  nature, will  probably
be made available  to the licensing agencies.   And then
those  offenses  that  relate   to  personal  injury  or
suggest the  possibility of  a physical assault  or some
kind of physical  interaction would probably  also be on
that   list  even   though  those   offenses  might   be
adjusted, that  is "not convicted," but  handled through
an informal  community  diversion process.   A fight  at
the  school is  an  assault  in the  fourth  degree -  a
[class]  A misdemeanor;  we might adjust  that out  with
an  anger  management  class, an  apology  letter,  some
community  work  service,   but  that  is  the  type  of
offense  that  might  be  appropriate  for  a  licensing
agency to know.
MR. BUTTCANE added:
Again, certainly  any of the sexual offenses.   A sexual
abuse of  a minor in  the fourth degree  is [a  class] A
misdemeanor,  and  while  most  of  those  are  actually
petitioned  into  court, some  of  those are  not;  they
don't  rise  to  the  level,   given  all  of  the  case
circumstances, to  warrant formal action in court.   The
matter  can  be resolved  through  a  diversion  process
involving  some  counseling   [and]  separation  of  the
offender  from  the  victim.     And  assessments  don't
always  show  that  the  offender   in  those  cases  is
predatory,  so we don't necessarily  have to  commit the
resources  of the  state to  do  a formal  adjudication.
But,  because  of  the  nature   of  the  offense,  it's
probably  one of  those offenses,  for instance,  [that]
the  Department  of Education  [and  Early  Development]
should  know  about  so  that  they  do  not  license  a
daycare center  or a daycare program in  somebody's home
when  an  adolescent  resides  in the  home  who  has  a
history of inappropriate sexual behavior.
REPRESENTATIVE  COGHILL recalled  that  in his  youth, many  times
after  basketball games,  they had  to "settle  the score  outside
the  gym."   He mentioned  that sometimes  accusations can  create
damaging records.   He added, "I don't want to just  be mounting a
history against  children who  are going  through a normal  course
of life."
You are  absolutely correct  in that,  and that is  part
of  what we  do in  the juvenile  justice system,  which
gives  it  one  of the  different  characters  from  the
adult  criminal   system.    There  is  an   element  of
subjective   assessment  as  to   whether  or   not  the
juvenile  needs  to  be  processed  through  the  formal
court  system  where  a  formal  delinquency  record  is
documented,  or  whether we  can  work with  that  young
offender  and  their  family   and  resolve  the  matter
without creating  a formal public record or  an official
record  that  basically  follows  them  into  adulthood.
It's as much art as it is science.
In the scenario  that you used, ... that is  the type of
assault  that probably  would  not be  transmitted to  a
licensing agency,  because, absent any  other indicator,
it would  not suggest that  that person poses a  risk to
other  people  - it  was  a  situational response.    If
there's a lot  of history of acting out, a  lot of other
assault referrals,  [and] a  lot of criminal  referrals,
then we're dealing  with a situation that  probably they
do need  to know  about in  some cases.   So that's  the
subjective  work  that we  do  in the  juvenile  justice
system;  it's hard  to delineate  those specifically  in
statute as to where ... you draw the line.
MR. BUTTCANE concluded:
At  some point  you have  to look  the kid  in the  eye,
listen  to what  the parent  has to say,  and then  make
your best  judgment.  While  we don't do that  [and] get
it a  100 percent  right, ... I  believe that our  staff
is pretty  well practiced  at making those  distinctions
between  young  offenders  who are  truly  criminal  and
those who are stupid and need some help growing up.
REPRESENTATIVE COGHILL noted that he would like to see some
degree of distinction between egregious behavior and behavior
that children just "get into."
CHAIR ROKEBERG closed the public hearing on SB 295.
REPRESENTATIVE  MEYER moved  to  report SB  295  out of  committee
with individual  recommendations and the accompanying  zero fiscal
note.   There being  no objection,  SB 295  was reported  from the
House Judiciary Standing Committee.
SB 100 - PERSONAL MOTOR VEHICLES/ REGISTRATION
be CS  FOR SPONSOR SUBSTITUTE  FOR SENATE BILL NO.  100(RLS)(title
am),  "An Act  relating to  regulation and  operation of  personal
motor vehicles."
KELLY  HUBER,  Staff   to  Senator  Rick  Halford,   Alaska  State
Legislature, said  on behalf of Senator Halford,  sponsor, that in
the   fall  of   2001,  a   new,   quiet,  clean   fuel  mode   of
transportation was  unveiled.  It  is called an electric  personal
assistive  mobility device,  which  is a  self-balancing two  non-
tandem wheeled  device, which transports  a single person  with no
emissions.  It has  a maximum speed of 15 miles  per hour or less,
and is operated  by a gyroscope.  The footprint  is about shoulder
width, and by  leaning forward or backward, the  operator controls
the direction  the device travels  in.   She said that  the intent
of SB 100  is to "create the  regulations in which these  would be
allowed."   Language in SB 100  stipulates that these  devices may
not  be  prohibited   from  use  on  sidewalks,   bike  paths,  or
vehicular ways.   She  noted, however,  that an amendment  adopted
in   the  Senate   allows  municipalities   to  adopt   ordinances
regulating the use of these devices.
MS.  HUBER  posited  that  these   devices,  similar  to  electric
wheelchairs, may  provide increased and welcomed  independence for
both  the elderly  and  the disabled,  and  additionally may  have
other uses.   To date, 17  states have signed  similar legislation
into  law,  and  legislation  in four  other  states  is  awaiting
gubernatorial  signature.  She  pointed out that  SB 100  does not
have any fiscal  impact.  In response to a question,  she said she
has  heard  that these  devices  are  being  called "the  IT"  and
"Ginger".
DENNIS POSHARD,  Legislative Liaison/Special Assistant,  Office of
the   Commissioner,   Department   of  Transportation   &   Public
Facilities  (DOT&PF),   said  simply   that  the  DOT&PF   has  no
objections to SB 100.
REPRESENTATIVE  BERKOWITZ moved  to  report CSSSSB  100(RLS)(title
am)  out of  committee  with  individual recommendations  and  the
accompanying zero  fiscal note.  There being  no objection, CSSSSB
100(RLS)(title   am)  was  reported   from  the  House   Judiciary
Standing Committee.
SB 339 - INCREASE CRIMINAL FINES
be  SENATE BILL  NO. 339,  "An Act  increasing  fines for  certain
criminal offenses."
REPRESENTATIVE  BERKOWITZ  asked   how  often  judges  impose  the
maximum fines under the current scheme.
MARILYN  WILSON,  Staff to  Senator  Dave Donley,  Senate  Finance
Committee,  Alaska  State  Legislature,  said  on  behalf  of  the
Senate Finance  Committee,  sponsor, that  she does not  currently
have that information.
with  individual  recommendations   and  the  accompanying  fiscal
REPRESENTATIVE  BERKOWITZ objected  for the  purpose of  remarking
that it  would be  helpful, when  the bill is  heard in  the House
Finance  Committee, for  that committee  to be  provided with  the
information  regarding  how often,  under  the current  scheme  of
fines, the  maximum fine has been  imposed.  He then  withdrew his
objection.
CHAIR  ROKEBERG noted  that there  were no  further objections  to
the motion to report  the bill from committee.   Therefore, SB 339
was reported from the House Judiciary Standing Committee.
SB 238 - PUBLIC RECORDS: STATE SECURITY & SAFETY
be CS  FOR SENATE BILL  NO. 238(RLS), "An  Act exempting  from the
category  of  public  records  certain   records  and  information
relating to state  safety plans, programs, and  procedures, and to
systems,  facilities,   and  infrastructure  in  the   state;  and
CAROL CARROLL,  Director, Central Office, Administrative  Services
Division,  Department  of  Military &  Veterans'  Affairs  (DMVA),
said that  SB 238  is the  result of  the Disaster Policy  Cabinet
(DPC)  having  reviewed  the  statutes in  an  effort  to  improve
Alaska's security.   This analysis took place  after the terrorist
attacks of  September 11, 2001 ("9/11").   Senate Bill  238 amends
the public  records statute, which,  she noted, is  currently very
broad in  that the public  has access to  almost everything.   She
suggested that  the public  should continue  to have broad  access
to public documents  with very few exceptions, one  of which would
include,  under certain  circumstances,  the  type of  information
listed  in SB  238.   She  mentioned  that decisions  to  withhold
specific information can be appealed.
MICHAEL  G.  MITCHELL, Assistant  Attorney  General,  Governmental
Affairs  Section, Civil  Division (Anchorage),  Department of  Law
(DOL), in  response to questions,  echoed that there is  an appeal
process  by  which an  individual  or  group could  challenge  the
decision to  keep certain information  confidential.   He remarked
that in  defending such a  challenge, conceivably the  state would
use the  standards set  forth in  proposed subparagraphs  (A),(B),
and (C),  and describe  - in  general  terms - the  nature of  the
information  being withheld.   In response  to further  questions,
he noted  that the standards  in the aforementioned  subparagraphs
are similar to  existing standards, and that there  are a "handful
of cases" regarding  public records, but none that  pertain to the
proposed standards.
CHAIR ROKEBERG asked  whether blueprints of public  facilities are
MS. CARROLL  indicated that passage  of SB 238 would  protect such
REPRESENTATIVE  MEYER  moved  to   report  CSSB  238(RLS)  out  of
committee  with individual  recommendations  and the  accompanying
fiscal  notes.    There being  no  objection,  CSSB  238(RLS)  was
reported from the House Judiciary Standing Committee.
SB 278 - TAKING PROPERTY BY EMINENT DOMAIN
be  CS FOR  SENATE BILL  NO. 278(FIN),  "An Act  requiring a  good
faith effort  to purchase property  before that property  is taken
through eminent domain; and providing for an effective date."
REPRESENTATIVE MEYER  moved to adopt the proposed  House committee
substitute (HCS)  for SB 278, version 22-LS1399\S,  Kurtz, 5/3/02,
as a work draft.   There being no objection, Version  S was before
the committee.
HEATHER  M.  NOBREGA, Staff  to  Representative  Norman  Rokeberg,
House  Judiciary  Standing Committee,  Alaska  State  Legislature,
explained  that Version  S contains  three changes,  two of  which
are located in Section  2, and the third in Section  4.  The first
change  stipulates  that  the  provisions  SB 278  only  apply  to
parcels  valued at  $15,000 or more.   The  second change  removes
language that the  department must consider all  alternative means
of  satisfying the  public purpose,  and  stipulates instead  that
the department  can offer  to exchange the  property for  a parcel
of  comparable  value.    The  third   change  involves  rewriting
Section  4  so  that  it now  pertains  to  the  ascertaining  and
awarding  of just compensation  -  rather than  to the process  of
possession  - while still  providing "a  hammer" to encourage  the
department  to comply  with the  provisions of  Sections 1  and 2.
She  explained  that  this  encouragement  comes in  the  form  of
awarding the  landowner an  extra 10 percent  of the value  of the
property should  the department  be found to  have not acted  in a
"reasonable  and diligent"  manner, and offered  that this  change
to Section 4 will ensure that projects won't be delayed.
MS. NOBREGA  suggested that  for consistency's  sake, a  technical
amendment should  be made to page  3, line 11, to add  a reference
to subsection (c).
REPRESENTATIVE BERKOWITZ  made a motion  to adopt Amendment  1, on
page  3,  line  11, after  "AS  09.55.270(b)"  insert  "and  (c)".
There being no objection, Amendment 1 was adopted.
MS. NOBREGA,  in response  to questions,  reiterated that  the new
language  in  Section  4  should  ensure  that  projects  are  not
delayed, and explained  that the master, when deciding  the awards
related to the  value of the property, can also  assess additional
items that  would be  awarded to the  landowner, such  as attorney
fees, costs, and the aforementioned 10-percent penalty.
CHAIR ROKEBERG  remarked that in  a case involving land  valued at
$140,000,  a  10-percent  penalty   would  involve  a  substantial
amount of money.
JON  TILLINGHAST,  General Counsel,  Sealaska  Corporation,  noted
that although  the 10-percent  penalty for  noncompliance  is less
severe  than   losing  the  property   altogether,  it   is  still
"credible  enough to  be consistent  with the  intent" of  SB 278.
He  also noted  that  under Version  S, the  state  is assured  of
ultimately  getting the property,  and, thus,  the bill  should no
longer  have   a  fiscal  impact   because  there  won't   be  any
additional  attorney  fees  associated  with  the  eminent  domain
proceedings.   He thanked the  committee for  its work on  SB 278,
and  said   that  Sealaska  supports   reporting  the   bill  from
TAPE 02-60, SIDE B
Facilities   (DOT&PF),  thanked   the  committee  for   developing
Version  S, noting  that it is  an improvement  over the  previous
version of SB  278 and alleviates the DOT&PF's  concerns regarding
Sections 2,  3,and 4.   He referred to  a handout provided  to the
committee and  explained that  it lists  entities, aside  from the
DOT&PF,  that  will  affected  by  the  bill,  and  that  it  also
contains the department's acquisition statistics.
CHAIR   ROKEBERG   asked   whether  the   $15,000   threshold   is
MR.  POSHARD said  he would  research  the issue  before the  bill
gets to its  next committee of referral  to be sure that  it is an
appropriate  threshold.   He concurred with  Mr. Tillinghast  that
Version S would  engender a much different fiscal  note, but noted
that  the 10-percent  penalty  might  not  be covered  by  federal
funds; instead,  any penalties  awarded the  landowner because  of
the state's noncompliance  with Section 2 might have  to come from
the state's general fund.
MR.  POSHARD then  suggested  possible  amendments  to Version  S.
One  amendment would  involve changing  page  2, line  2, so  that
"value"  is replaced  by  "estimated".   Another  amendment  would
involve changing  Section 4 -  page 3, line  12 - so that  the 10-
percent penalty  would be  based on  the final settlement  amount,
rather than  on the value  of the property.   He also  recommended
that Section  2 should be altered  so that subsection  (c) becomes
paragraph  (3); if  such a  change  is made,  however, the  change
made via  Amendment 1 would have  to be altered  appropriately [as
would  all other  references  to subsection  (c)].   He  indicated
that  this latter  suggestion results  from the  fact that  "we've
had an issue over local concurrence."
MICHAEL   L.  DOWNING,   Director/Chief   Engineer,  Division   of
Statewide   Design   &   Engineering   Services,   Department   of
Transportation   &  Public   Facilities   (DOT&PF),  opined   that
changing  subsection  (c)  into   paragraph  (3)  would  make  the
language cleaner  and would help  settle a debate that  the DOT&PF
has had with the Alaska Municipal League (AML).
CHAIR ROKEBERG  opined that the  [the issue of local  concurrence]
is out of context for the discussion of SB 278.
REPRESENTATIVE BERKOWITZ  pointed out that if subsection  (c) were
changed  into paragraph  (3), then  the  references to  subsection
(b) in  that new paragraph  (3) would have  to be altered  to read
"(b)(1) and (2)".
CHAIR ROKEBERG  asked for  an example  of difficulties  that might
arise by keeping subsection (c) as is.
MR. DOWNING said:
The issue there  is whether the local  planning approval
...,  which  is  within  the context  of  a  chapter  in
statute  ...  titled "Consistency  with  Local  Planning
and Zoning  Authority -  and that's  what we believe  to
be  the  test -  and  before  and after  that  sentence,
that's the  context.  But  the debate we've  been having
is, will  that sentence  - "submit  plans and specs  for
approval"  -  stand  alone.     And  the  municipalities
believe  that  it  does,  and  that  approval  can  mean
anything.   We  think it  can  only mean  what it  means
within the  context of the  chapter that it's in.   [We]
feel  pretty   clear  that   we're  right  about   that;
nonetheless, we've had a very long debate about it.
MR.  DOWNING added,  however, that  Amendment 1,  by itself,  does
satisfy most of the DOT&PF's concerns regarding this issue.
REPRESENTATIVE   COGHILL  opined   that   as  currently   drafted,
subsection (c) cannot be misconstrued.
CHAIR ROKEBERG agreed.
JAMES   CANTOR,   Assistant   Attorney   General,   Transportation
Section,  Civil Division  (Anchorage),  Department  of Law  (DOL),
testified  via teleconference.    He  suggested changing  the  new
language  beginning  on  line 10  of  Section  4  to read:    "If,
following  the award  in the  proceedings,  the court  finds as  a
matter of  law that  the".   He explained  that this change  would
place  the finding  by  the court  within  a  timeframe; thus  the
finding  would  come  during  the   later  penalty  phase  of  the
proceedings rather  than at the beginning of the  proceedings.  In
response  to  a  question,  he explained  that  the  master  makes
recommendations  to the courts,  and the  courts then  adopt those
recommendations.
MR. CANTOR noted  that the condemnation cases that  he is familiar
with are  in the $800,000  to $2 million  range; in such  cases, a
10-percent  penalty  would  constitute  a  substantial  amount  of
money,  which,  he  surmised,  would  not  be  reimbursed  by  the
Federal Highway  Administration.   He opined  that there  would be
some increase  in attorney  fees simply because  there would  be a
new issue to litigate.
MR. TILLINGHAST posited  that none of the suggested  changes would
cause  a problem  for  Sealaska  with  the exception  of  changing
subsection  (c) into  paragraph  (3).   He  opined, however,  with
regard to the  suggestion that the 10-percent penalty  be based on
the final  settlement  amount, that  it would  make more sense  to
say "10  percent of the  final award for  the property".   He then
referred to the  fiscal note, and remarked that he  has never seen
a fiscal  note that  was based  on the  assumption that  the state
would commit a  legal wrong, adding that generally  such judgments
against   the  state   are  paid   for   through  a   supplemental
appropriation.
CHAIR   ROKEBERG   opined  that   the   fiscal   note  should   be
indeterminate.
REPRESENTATIVE BERKOWITZ,  referring to page  3, lines 11  and 12,
raised  the  question of  whether  the  language, "the  court  may
award a  sum equal  to 10 percent"  would strip  the court  of the
flexibility to go up to 10 percent.
MR. TILLINGHAST  agreed, noting  that if the  court feels  that it
is "a 3-percent  case," it ought  to be able to award  a 3-percent
penalty, rather than  having to award either a  10-percent penalty
or nothing.   He suggested that  the language could be  changed to
say, "the court may award a sum of up to 10 percent".
page  2,  line  2, to  delete  "valued"  and  insert  "estimated".
CHAIR ROKEBERG made  a motion to adopt Conceptual  Amendment 3, on
page 3, line 10,  following "If" insert ", following  the award in
the  proceedings,"  and  after  "the court  finds"  insert  "as  a
matter of  law".  There being  no objection, Conceptual  Amendment
3 was adopted.
page 3, line 12,  delete "equal" and insert "up  to", and deleting
"value" and  adding "final award",  and delete "of  the property".
There being no objection, Conceptual Amendment 4 was adopted.
REPRESENTATIVE BERKOWITZ  moved to report the proposed  HCS for SB
278,  version  22-LS1399\S,  Kurtz,  5/3/02, as  amended,  out  of
fiscal notes.   There  being no objection,  HCS CSSB  278(JUD) was
reported out of the House Judiciary Standing Committee.
REPRESENTATIVE  BERKOWITZ  made  a  motion to  adjourn  the  House
A roll  call vote was taken.   Representatives Berkowitz  voted to
adjourn.    Representatives  Meyer, Coghill,  and  Rokeberg  voted
against adjourning.   Therefore, the  motion to adjourn  the House
Judiciary Standing Committee failed by a vote of 2-3.
CHAIR ROKEBERG  announced at  2:30 p.m.  that the House  Judiciary
Standing Committee was recessed to a call of the chair.
CHAIR ROKEBERG  reconvened the House Judiciary  Standing Committee
at  5:10  p.m.   Representatives  Rokeberg,  James,  Coghill,  and
Meyer were present.
SJR 37 - CONST AM: HIRING FREEZE
be SENATE JOINT  RESOLUTION NO. 37, Proposing an  amendment to the
Constitution  of the  State  of Alaska  relating  to officers  and
employees  of  the  executive  branch.    After  noting  that  the
committee  has already  had  a public  hearing  on  SJR 37,  Chair
Rokeberg closed the public hearing on SJR 37.
REPRESENTATIVE  COGHILL moved to  report SJR  37 out of  committee
note.   There being  no objection,  SJR 37  was reported  from the
SJR 38 - CONST AM: PRIORITY OF EXPENDITURES
CHAIR ROKEBERG  announced that  the last  order of business  would
be SENATE  JOINT RESOLUTION  NO. 38,  Proposing amendments  to the
Constitution  of  the  State of  Alaska  relating  to  information
regarding proposed  expenditures.   Chair Rokeberg noted  that the
committee has  already had  a public hearing  on SJR 38,  and that
the public hearing has been closed.
Legislature, testified  on behalf of Senator Kelly,  sponsor.  She
said that she  did ask Senator Kelly  if he had any  objections to
placing  a  period  after  "section"  on  page  1,  line  15,  and
deleting  "if   the  legislature   requests  the  information   by
concurrent  resolution".   She  relayed that  the  sponsor had  no
objections to such a change.
CHAIR ROKEBERG  noted such  a change would  force the  governor to
submit   "information   establishing   a  priority   of   proposed
expenditures"  regardless of  whether the  legislature feels  that
such  information  is  needed;  by leaving  the  language  as  is,
however, the legislature  would retain the flexibility  to request
that information if desired.
REPRESENTATIVE  JAMES said  that she  is not  convinced that  such
information will  be needed all the  time.  She mentioned  that in
requesting   information   by  concurrent   resolution,   specific
information could be requested to satisfy a particular focus.
There being  no further business  before the committee,  the House
Judiciary Standing Committee meeting was adjourned at 5:18 p.m.
Open document in new windowX