Legislature(2007 - 2008)CAPITOL 120
01/24/2007 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s)|| Select Committee on Legislative Ethics | |
| HB69 | |
| HB76 | |
| HB7 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 69 | TELECONFERENCED | |
| += | HB 76 | TELECONFERENCED | |
| *+ | HB 7 | TELECONFERENCED | |
HB 69 - NOTIFY CRIME VICTIM OF EXECUTIVE CLEMENCY 1:46:34 PM CHAIR RAMRAS announced that the next order of business would be HOUSE BILL NO. 69, "An Act relating to executive clemency." 1:47:15 PM REPRESENTATIVE DAHLSTROM moved to adopt the proposed committee substitute (CS) for HB 69, Version 25-LS0317\C, Luckhaupt, 1/24/06, as the work draft. There being no objection, Version C was before the committee. REPRESENTATIVE SAMUELS, sponsor of HB 69, relayed that most of the amendments distributed at the last hearing on HB 69 were incorporated into Version C. 1:48:16 PM SYDNEY MORGAN, Staff to Representative Ralph Samuels, Alaska State Legislature, reviewed the changes incorporated into Version C. On page 1, line 5, the new language, "except to deny" allows the Office of the Governor and the State Board of Parole to move forward with a denial without delay; on page 1, line 6, the timeframe has been increased from "60 days" to "180 days" in order to allow the State Board of Parole adequate time to conduct an investigation; and on page 1, line 8, language was added establishing a timeframe of 180 days for the State Board of Parole to submit its investigative results to the governor. The State Board of Parole, she noted, is amenable to the aforementioned change. Furthermore, changes to Section 2 of the bill propose to delete the language, "If requested by" from existing AS 33.20.080(b) and add the language, "within five business days after receipt of the application"; these changes to Section 2 will require the State Board of Parole to make every reasonable effort to notify the victim within five business days after receipt of the application. CHAIR RAMRAS, upon determining that there was no one who wished to testify, closed public testimony on HB 69. 1:51:11 PM REPRESENTATIVE DAHLSTROM moved to report the proposed CS for HB 69, Version 25-LS0317\C, Luckhaupt, 1/24/06, out of committee with individual recommendations and the accompanying zero fiscal note. REPRESENTATIVE LYNN objected for the purpose of discussion, and explained that he wanted to offer an amendment; the amendment, which was labeled 25-LS0317\A.1, Luckhaupt, 1/22/07, read: Page 1, lines 4 - 10: Delete "(a) The governor shall [MAY] refer applications for executive clemency to the board of parole and may not act on an application unless 60 days have elapsed since the notice required under (b) of this section has been provided. The board shall investigate each case and submit to the governor a report of the investigation, together with all other information the board has regarding the applicant. When the report or investigation is submitted, the board shall also transmit to the governor the comments it has received under (b) of this section." Insert "(a) The governor shall [MAY] refer applications for executive clemency to the board of parole and may not act on an application unless 60 days have elapsed since the notice required under (b) of this section has been provided. The board shall investigate each case and submit to the governor a report of the investigation, together with all other information the board has regarding the applicant. As part of its investigation, the board shall determine if granting the application would benefit a personal or financial interest of the governor, an employee of the governor's office, a commissioner, or an elected public officer of the state. When the report or investigation is submitted, the board shall also transmit to the governor the comments it has received under (b) of this section. In this subsection, "personal interest" and "financial interest" have the meanings given in AS 39.52.960." REPRESENTATIVE DAHLSTROM withdrew her motion to report Version C from committee. REPRESENTATIVE LYNN explained that the aforementioned amendment would allow the State Board of Parole to determine whether there is any connection between the governor and the individual up for the pardon with regard to personal or financial interests as defined under AS 39.52.960. REPRESENTATIVE SAMUELS expressed concern with the amendment because the State Board of the Parole would have to perform an investigation of the governor, the lieutenant governor, and 60 legislators in order to make such a determination, and highlighted that during the interim it can be difficult to locate legislators. The amendment seems to place a huge burden on the State Board of Parole, he opined, and suggested that the language pertaining to a determination of personal or financial interest would be more appropriate in ethics legislation; for example, perhaps including language specifying that the governor may not have a [personal or] financial interest or requiring him/her to sign an affidavit to that effect could be added to ethics legislation. REPRESENTATIVE LYNN suggested instead that perhaps the amendment could be amended to specify that the governor shall sign an affidavit stating that he/she has no personal or financial interest as defined under AS 39.52.960. CHAIR RAMRAS expressed concern with the amendment. REPRESENTATIVE GRUENBERG offered to help Representative Lynn draft alternative language. REPRESENTATIVE SAMUELS, in response to comments and a question, maintained his opinion that the amendment would be more appropriate in legislation addressing executive branch ethics. CHAIR RAMRAS agreed. REPRESENTATIVE COGHILL opined that the language of the amendment ought to be located elsewhere other than in the bill. Therefore, he announced, he probably wouldn't support the amendment. 1:57:39 PM REPRESENTATIVE LYNN, relaying that he would pursue the [concept of the amendment] in another committee, withdrew the amendment. REPRESENTATIVE DAHLSTROM again moved to report the proposed CS for HB 69, Version 25-LS0317\C, Luckhaupt, 1/24/06, out of committee with individual recommendations and the accompanying zero fiscal note. There being no objection, CSHB 69(JUD) was reported from the House Judiciary Standing Committee.
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