Legislature(2007 - 2008)CAPITOL 120

03/26/2008 01:00 PM House JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 420 ANATOMICAL GIFTS TELECONFERENCED
Moved Out of Committee
+= HB 368 ETHICS: LEGISLATIVE & GOV/LT GOV TELECONFERENCED
Moved CSHB 368(JUD) Out of Committee
+= HB 355 DISCLOSURE OF CONTRIBUTIONS: INITIATIVES TELECONFERENCED
Moved CSHB 355(JUD) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                         March 26, 2008                                                                                         
                           1:16 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Jay Ramras, Chair                                                                                                
Representative Nancy Dahlstrom, Vice Chair                                                                                      
Representative John Coghill                                                                                                     
Representative Bob Lynn                                                                                                         
Representative Ralph Samuels                                                                                                    
Representative Max Gruenberg                                                                                                    
Representative Lindsey Holmes                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 355                                                                                                              
"An  Act requiring  the  disclosure of  the  identity of  certain                                                               
persons,  groups,  and nongroup  entities  that  expend money  in                                                               
support  of  or  in  opposition to  ballot  initiatives  and  the                                                               
aggregate  amounts of  significant contributions  or expenditures                                                               
made by those persons, groups, and nongroup entities."                                                                          
                                                                                                                                
     - MOVED CSHB 355(JUD) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 420                                                                                                              
"An  Act  relating  to  the   Uniform  Anatomical  Gift  Act,  to                                                               
anatomical gifts,  to donations to the  anatomical gift awareness                                                               
fund, to  a registry  of anatomical  gifts, and  to organizations                                                               
that handle the  procurement, distribution, or storage  of all or                                                               
a part of an individual's body."                                                                                                
                                                                                                                                
     - MOVED HB 420 OUT OF COMMITTEE                                                                                            
                                                                                                                                
HOUSE BILL NO. 368                                                                                                              
"An  Act  modifying the  limitations  on  political fund  raising                                                               
during  legislative sessions  by candidates  for governor  or for                                                               
lieutenant governor,  and amending the Legislative  Ethics Act to                                                               
modify the  limitation on political  fund raising  by legislators                                                               
and legislative  employees during legislative sessions,  to allow                                                               
legislators  and legislative  employees to  accept certain  gifts                                                               
from lobbyists  within their immediate  families, to  clarify the                                                               
Legislative Ethics  Act as it  relates to  legislative volunteers                                                               
and educational trainees, to reduce  the frequency of publication                                                               
of summaries  by the Select  Committee on Legislative  Ethics, to                                                               
revise procedures  and penalties  related to  the late  filing of                                                               
disclosures required by the Legislative  Ethics Act, and to add a                                                               
definition to that Act."                                                                                                        
                                                                                                                                
     - MOVED CSHB 368(JUD) OUT OF COMMITTEE                                                                                     
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 355                                                                                                                  
SHORT TITLE: DISCLOSURE OF CONTRIBUTIONS: INITIATIVES                                                                           
SPONSOR(S): REPRESENTATIVE(S) JOHANSEN                                                                                          
                                                                                                                                
02/06/08       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/06/08       (H)       JUD, FIN                                                                                               
02/13/08       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/13/08       (H)       Scheduled But Not Heard                                                                                
02/22/08       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/22/08       (H)       Scheduled But Not Heard                                                                                
03/03/08       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/03/08       (H)       Heard & Held                                                                                           
03/03/08       (H)       MINUTE(JUD)                                                                                            
03/17/08       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/17/08       (H)       Scheduled But Not Heard                                                                                
03/26/08       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: HB 420                                                                                                                  
SHORT TITLE: ANATOMICAL GIFTS                                                                                                   
SPONSOR(S): HEALTH, EDUCATION & SOCIAL SERVICES                                                                                 
                                                                                                                                
03/13/08       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/13/08       (H)       HES, JUD                                                                                               
03/18/08       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
03/18/08       (H)       Moved Out of Committee                                                                                 
03/18/08       (H)       MINUTE(HES)                                                                                            
03/19/08       (H)       HES RPT 5DP                                                                                            
03/19/08       (H)       DP: CISSNA, KELLER, GARDNER, ROSES,                                                                    
                         WILSON                                                                                                 
03/26/08       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: HB 368                                                                                                                  
SHORT TITLE: ETHICS: LEGISLATIVE & GOV/LT GOV                                                                                   
SPONSOR(S): STATE AFFAIRS                                                                                                       
                                                                                                                                
02/19/08       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/19/08       (H)       STA, JUD, FIN                                                                                          
02/26/08       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
02/26/08       (H)       Moved CSHB 368(STA) Out of Committee                                                                   
02/26/08       (H)       MINUTE(STA)                                                                                            
02/27/08       (H)       STA RPT CS(STA) NT 3DP 4NR                                                                             
02/27/08       (H)       DP: ROSES, GRUENBERG, LYNN                                                                             
02/27/08       (H)       NR: JOHNSON, JOHANSEN, COGHILL, DOLL                                                                   
03/19/08       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/19/08       (H)       Heard & Held                                                                                           
03/19/08       (H)       MINUTE(JUD)                                                                                            
03/26/08       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
SONIA CHRISTENSEN, Staff                                                                                                        
to Representative Kyle Johansen                                                                                                 
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented Version E of HB 355, on behalf of                                                              
the sponsor, Representative Johansen.                                                                                           
                                                                                                                                
GAIL FENUMIAI                                                                                                                   
Director                                                                                                                        
Central Office                                                                                                                  
Division of Elections                                                                                                           
Office of the Lieutenant Governor                                                                                               
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified on HB 355.                                                                                     
                                                                                                                                
ALPHEUS BULLARD, Attorney                                                                                                       
Legislative Legal Counsel                                                                                                       
Legislative Legal and Research Services                                                                                         
Legislative Affairs Agency (LAA)                                                                                                
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions on HB 355.                                                                            
                                                                                                                                
REBECCA ROONEY, Staff                                                                                                           
to Representative Peggy Wilson                                                                                                  
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  During the hearing on HB 420, testified on                                                               
behalf of Representative Wilson, Chair of the House Health,                                                                     
Education and Social Services Standing Committee, sponsor.                                                                      
                                                                                                                                
DEBORAH BEHR                                                                                                                    
Chief Assistant Attorney General                                                                                                
Legislation and Regulations Section                                                                                             
Civil Division (Juneau)                                                                                                         
Department of Law (DOL);                                                                                                        
Alaska Uniform Law Commissioner                                                                                                 
National Conference of Commissioners on Uniform State Laws                                                                      
(NCCUSL)                                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions on HB 420.                                                                            
                                                                                                                                
BRUCE ZALNERAITIS, Chief Executive Officer                                                                                      
Life Alaska Donor Services (Life Alaska)                                                                                        
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified on HB 420.                                                                                     
                                                                                                                                
KIM MAGEE                                                                                                                       
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 420.                                                                          
                                                                                                                                
SHERRY BADILLO MORENO, Volunteer                                                                                                
Life Alaska Donor Services (Life Alaska)                                                                                        
Wasilla, Alaska                                                                                                                 
POSITION STATEMENT:  Testified in support of HB 420.                                                                          
                                                                                                                                
JAY BUTLER, M.D., Chief Medical Officer                                                                                         
Office of the Commissioner                                                                                                      
Department of Health and Social Services (DHSS)                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified on HB 420.                                                                                     
                                                                                                                                
MIKE GERAGHTY, Attorney                                                                                                         
Alaska Uniform Law Commissioner                                                                                                 
National Conference of Commissioners on Uniform State Laws                                                                      
(NCCUSL)                                                                                                                        
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified is support of HB 420.                                                                          
                                                                                                                                
JOYCE ANDERSON, Ethics Committee Administrator                                                                                  
Select Committee on Legislative Ethics                                                                                          
Legislative Affairs Agency (LAA)                                                                                                
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified on HB 368.                                                                                     
                                                                                                                                
DAN WAYNE, Attorney                                                                                                             
Legislative Legal Counsel                                                                                                       
Legislative Legal and Research Services                                                                                         
Legislative Affairs Agency (LAA)                                                                                                
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions on HB 368.                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR JAY  RAMRAS called the  House Judiciary  Standing Committee                                                             
meeting  to  order  at  1:16:55   PM.    Representatives  Holmes,                                                             
Dahlstrom,  Coghill, Samuels,  Lynn, and  Ramras were  present at                                                               
the  call to  order.   Representative  Gruenberg  arrived as  the                                                               
meeting was in progress.                                                                                                        
                                                                                                                                
HB 355 - DISCLOSURE OF CONTRIBUTIONS: INITIATIVES                                                                             
                                                                                                                                
1:17:53 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced that the  first order of business would be                                                               
HOUSE  BILL NO.  355, "An  Act  requiring the  disclosure of  the                                                               
identity of  certain persons, groups, and  nongroup entities that                                                               
expend  money   in  support  of   or  in  opposition   to  ballot                                                               
initiatives   and   the    aggregate   amounts   of   significant                                                               
contributions or expenditures made  by those persons, groups, and                                                               
nongroup entities."                                                                                                             
                                                                                                                                
REPRESENTATIVE  DAHLSTROM made  a motion  to adopt  the committee                                                               
substitute  (CS)  for  HB   355,  Version  25-LS1263\E,  Bullard,                                                               
3/20/08, as the work draft.   There being no objection, Version E                                                               
was before the committee.                                                                                                       
                                                                                                                                
1:18:45 PM                                                                                                                    
                                                                                                                                
SONIA CHRISTENSEN, Staff to  Representative Kyle Johansen, Alaska                                                               
State  Legislature, relayed  that two  changes were  incorporated                                                               
into  Version E.    The first  change, to  Section  3, makes  the                                                               
Alaska  Public Offices  Commission  (APOC) -  as  opposed to  the                                                               
director  of   the  Division  of  Elections   -  responsible  for                                                               
collecting and  providing the information outlined  therein.  She                                                               
conveyed that the APOC is  the more appropriate agency because it                                                               
is  already set  up  to do  what this  provision  outlines.   The                                                               
second change alters  proposed AS 15.13.110(g) so as  to make the                                                               
deadlines consistent with other reporting requirements.                                                                         
                                                                                                                                
CHAIR RAMRAS offered his concern,  which centers on the different                                                               
treatment  for  disclosure by  a  candidate  and for  the  ballot                                                               
initiative process.   He explained  that when a  registered voter                                                               
applies for office, he/she is  immediately considered a candidate                                                               
unless  the  person  withdraws  or  is  elected.    However,  for                                                               
reporting requirements, an initiative  isn't considered an entity                                                               
until  the signatures  are all  collected and  the initiative  is                                                               
certified  by the  lieutenant governor.   He  asked whether  that                                                               
issue is addressed in Version E.                                                                                                
                                                                                                                                
MS.  CHRISTENSEN conveyed  that Version  E does  not address  his                                                               
concern.  She offered that the  sponsor felt that it is important                                                               
for the public to be made aware of expenditures of $500 or more.                                                                
                                                                                                                                
CHAIR  RAMRAS offered  that  his  intention is  to  move HB  355.                                                               
However,  he  suggested  that the  sponsor  address  the  initial                                                               
reporting requirements for  ballot proposals either in  HB 355 or                                                               
in future  legislation should this  bill not pass.   He explained                                                               
the process  to start  a ballot initiative  requires a  person to                                                               
collect  100 signatures  of  registered voters  and  to submit  a                                                               
cashier's check in the amount  of $100 to the lieutenant governor                                                               
to have booklets  issued.  He related his  understanding that the                                                               
ballot initiative is then in the public domain.                                                                                 
                                                                                                                                
1:24:40 PM                                                                                                                    
                                                                                                                                
GAIL FENUMIAI,  Director Central  Office, Division  of Elections,                                                               
Office of the Lieutenant  Governor, explained that Representative                                                               
Ramras  described   what  the  division  would   consider  as  an                                                               
initiative application.  She explained  that once the application                                                               
has passed the requirements of  statute, it becomes an initiative                                                               
petition.   She said  she was not  sure if that  is the  point at                                                               
which the ballot  initiative becomes an entity.   She opined that                                                               
his question is one that is more of a legal nature.                                                                             
                                                                                                                                
REPRESENTATIVE  SAMUELS   offered  his  understanding   that  the                                                               
question of when  an initiative is an entity is  more of a policy                                                               
call.  He further noted  that if the legislature wants disclosure                                                               
during the  application process that the  legislature can require                                                               
reporting to disclose and donations or expenditures.                                                                            
                                                                                                                                
CHAIR RAMRAS stated  that his reason for  objecting to disclosure                                                               
is to support  free speech.  He  surmised Representative Samuel's                                                               
concern  is   to  require  full  disclosure   of  an  initiative,                                                               
including the application process.                                                                                              
                                                                                                                                
1:27:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SAMUELS,  in response to Chair  Ramras, noted that                                                               
he has several amendments pending.                                                                                              
                                                                                                                                
The committee took an at-ease from 1:28 p.m. to 1:30 p.m.                                                                       
                                                                                                                                
REPRESENTATIVE SAMUELS made a motion to adopt Amendment 1,                                                                      
labeled 25-LS1263\E.3, Bullard, 3/26/08, which read:                                                                            
                                                                                                                                
     Page 1, line 1, following "Act":                                                                                         
          Insert "prohibiting certain expenditures made in                                                                    
     support  of or  in  opposition  to ballot  initiatives;                                                                  
     and"                                                                                                                     
                                                                                                                                
     Page 1, line 11, following "that":                                                                                         
          Insert "prohibiting expenditures originating from                                                                     
     outside the  state in  support of  or in  opposition to                                                                    
     ballot initiatives and"                                                                                                    
                                                                                                                                
     Page 2, following line 13:                                                                                                 
          Insert new material to read:                                                                                          
          "(c)  It is the intent of the legislature that                                                                        
     this   Act  ensure   that  monetary   expenditures  and                                                                    
     contributions  originating from  outside the  state not                                                                    
     dictate how  Alaska ballot  initiatives are  framed and                                                                    
     understood.                                                                                                                
        * Sec. 4. AS 15.13.065(c) is amended to read:                                                                         
          (c)  Except as provided in AS 15.13.074(j),                                                                       
     except  for   reports  required  by   AS 15.13.040  and                                                                
     15.13.110,   and  except   for   the  requirements   of                                                                
     AS 15.13.050,  15.13.060,  and 15.13.112  -  15.13.114,                                                                    
     the  provisions  of  AS 15.13.010 -  15.13.116  do  not                                                                    
     apply  to  limit the  authority  of  a person  to  make                                                                    
     contributions  to influence  the  outcome  of a  ballot                                                                    
     proposition.  In this  subsection, in  addition to  its                                                                    
     meaning  in  AS 15.60.010,  "proposition"  includes  an                                                                    
     issue placed on a ballot to determine whether                                                                              
               (1)  a constitutional convention shall be                                                                        
     called;                                                                                                                    
               (2)  a debt shall be contracted;                                                                                 
               (3)  an advisory question shall be approved                                                                      
     or rejected; or                                                                                                            
               (4)  a municipality shall be incorporated.                                                                       
        * Sec.  5. AS 15.13.074 is  amended by adding  a new                                                                  
     subsection to read:                                                                                                        
          (j)  An individual who is a resident of another                                                                       
     state  or a  group or  nongroup entity  organized under                                                                    
     the laws  of another state, resident  in another state,                                                                    
     or whose  participants are not residents  of this state                                                                    
     may  not  make  a  contribution in  support  of  or  in                                                                    
     opposition to an initiative.                                                                                               
        * Sec.  6. AS 15.13.084 is  amended by adding  a new                                                                  
     subsection to read:                                                                                                        
          (b)  Notwithstanding (a) of this section, an                                                                          
     individual  who is  a resident  of another  state or  a                                                                    
     group or  nongroup entity organized  under the  laws of                                                                    
     another  state, resident  in  another  state, or  whose                                                                    
     participants are  not residents  of this state  may not                                                                    
     make an expenditure  in support of or  in opposition to                                                                    
     an initiative."                                                                                                            
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 2, following line 29:                                                                                                 
     Insert a new bill section to read:                                                                                         
        "* Sec. 9. AS 15.13.140(b) is amended to read:                                                                      
          (b)  An independent expenditure for or against a                                                                      
     ballot proposition or question                                                                                             
               (1)  shall be reported in accordance with                                                                        
     AS 15.13.040  and  15.13.100   -  15.13.110  and  other                                                                    
     requirements of this chapter; and                                                                                          
               (2)  may not be made if the expenditure is                                                                       
     prohibited    by     AS 15.13.084(b)    or    15.13.145                                                                
     [AS 15.13.145]."                                                                                                           
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
REPRESENTATIVES COGHILL and HOLMES objected.                                                                                    
                                                                                                                                
REPRESENTATIVE SAMUELS explained that  Amendment 1 would prohibit                                                               
expenditures  by any  outside  interests from  weighing  in on  a                                                               
ballot measure.   He  referred to  memoranda in  members' packets                                                               
from the legal drafter.   He recapped that the memoranda identify                                                               
problems in barring a particular  source, including a corporation                                                               
from making contributions.   He opined that  setting limits would                                                               
be  more  acceptable,  but that  requiring  full  disclosure  has                                                               
allowed  some jurisdictions  to accomplish  the goal  of limiting                                                               
outside influences.   He stated  that the purpose of  Amendment 1                                                               
is to limit funding to an  organization that is formed to support                                                               
or oppose  a ballot initiative.   He  posed a scenario  such that                                                               
"Citizens in  Favor of Ballot  #3" could  purchase advertisements                                                               
but that the entity would not  be allowed to receive funding from                                                               
outside sources.                                                                                                                
                                                                                                                                
1:33:05 PM                                                                                                                    
                                                                                                                                
CHAIR  RAMRAS inquired  as  to whether  it  is constitutional  to                                                               
prohibit contributions.                                                                                                         
                                                                                                                                
REPRESENTATIVE SAMUELS offered that  it might be problematic, but                                                               
he said he  wished to start the discussion by  raising the issue.                                                               
He said he realizes that it  is also difficult to discern when an                                                               
"entity" is  considered an  out-of-state entity.   He  offered an                                                               
example  of  ConocoPhillips Alaska,  Inc.,  that  has offices  in                                                               
state and out-of-state.                                                                                                         
                                                                                                                                
CHAIR RAMRAS inquired as to  whether out-of-state entities can be                                                               
prohibited  from   contributing  money  for  the   collection  of                                                               
signatures for a ballot initiative.                                                                                             
                                                                                                                                
REPRESENTATIVE SAMUELS withdrew Amendment 1.                                                                                    
                                                                                                                                
1:35:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SAMUELS  made  a  motion to  adopt  Amendment  2,                                                               
labeled 25-LS1263\E.4, Bullard, 3/26/08, which read:                                                                            
                                                                                                                                
     Page 1, line 1, following "Act":                                                                                         
          Insert "restricting contributions made in support                                                                   
     of or in opposition to ballot initiatives; and"                                                                          
                                                                                                                                
     Page 1, line 11, following "that":                                                                                         
          Insert "limiting the amount of contributions made                                                                     
     in support  of or  in opposition to  ballot initiatives                                                                    
     and"                                                                                                                       
                                                                                                                                
     Page 2, following line 13:                                                                                                 
          Insert  new material to read:                                                                                         
          "(c)  It is the intent of the legislature that                                                                        
     this Act  ensure that contributions made  in support of                                                                    
     or in  opposition to ballot initiatives  are restricted                                                                    
     in the same manner as other political contributions.                                                                       
        * Sec. 4. AS 15.13.065(c) is amended to read:                                                                         
          (c)  Except for reports required by AS 15.13.040                                                                      
     and  15.13.110  and  except  for  the  requirements  of                                                                    
     AS 15.13.050,  15.13.060,  and 15.13.112  -  15.13.114,                                                                    
     the  provisions  of  AS 15.13.010 -  15.13.116  do  not                                                                    
     apply  to  limit the  authority  of  a person  to  make                                                                    
     contributions  to influence  the  outcome  of a  ballot                                                                    
     proposition. In  this subsection,  [IN ADDITION  TO ITS                                                                    
     MEANING   IN  AS 15.60.010,]   "proposition"  means   a                                                              
     referendum, a constitutional  amendment submitted at an                                                                
     election  to the  public for  vote,  and [INCLUDES]  an                                                                
     issue placed on a ballot to determine whether                                                                              
               (1)  a constitutional convention shall be                                                                        
     called;                                                                                                                    
               (2)  a debt shall be contracted;                                                                                 
               (3)  an advisory question shall be approved                                                                      
     or rejected; or                                                                                                            
               (4)  a municipality shall be incorporated.                                                                       
        * Sec. 5. AS 15.13.070(b) is amended to read:                                                                         
          (b)  An individual may contribute not more than                                                                       
               (1)  $500 a [PER] year to a nongroup entity                                                                  
     for  the  purpose  of  influencing  the  nomination  or                                                                    
     election  of  a  candidate,  to   a  candidate,  to  an                                                                    
     individual  who  conducts  a  write-in  campaign  as  a                                                                    
     candidate,  or  to a  group  that  is not  a  political                                                                    
     party;                                                                                                                     
               (2)  $5,000 a [PER] year to a political                                                                      
     party; or                                                                                                              
               (3)  $500 a year to an individual, group, or                                                                 
     nongroup  entity  for  the purpose  of  influencing  an                                                                
     initiative.                                                                                                            
        * Sec. 6. AS 15.13.070(f) is amended to read:                                                                         
          (f)  A nongroup entity may contribute not more                                                                        
     than $1,000 a  year to another nongroup  entity for the                                                                    
     purpose of influencing an  initiative or the nomination                                                                
     or  election of  a  candidate, to  a  candidate, to  an                                                                    
     individual  who  conducts  a  write-in  campaign  as  a                                                                    
     candidate, to a group, or to a political party."                                                                           
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
REPRESENTATIVE HOLMES objected.                                                                                                 
                                                                                                                                
REPRESENTATIVE SAMUELS  explained that he obtained  two memoranda                                                               
from the  Division of  Legal and Research  Services and  each one                                                               
cited different U.S. Supreme Court  cases.  He explained that the                                                               
attorneys outline  that generally restricting  particular sources                                                               
could be problematic.  The  difference between how an "individual                                                               
candidate" and  a "ballot measure"  are treated is that  the U.S.                                                               
Supreme   Court  has   found  that   limiting  contributions   to                                                               
individuals avoids  the appearance of corruption.   However, once                                                               
an idea  is "debated", limiting  a particular source of  money is                                                               
not  the  same  as  it  would be  for  an  individual  candidate.                                                               
Amendment 2  addresses this issue  by requesting  full disclosure                                                               
and limits.  Thus, an entity  would be subject to the same limits                                                               
as for candidates.                                                                                                              
                                                                                                                                
REPRESENTATIVE SAMUELS  opined that  the minute someone  spends a                                                               
dollar to garner a signature, the  public has a right to know the                                                               
source  of   the  money  being   spent  to  influence   a  ballot                                                               
initiative.    He  stressed that  disclosure  is  important  even                                                               
though the ballot  initiative process is at the  initial stage of                                                               
collecting signatures.                                                                                                          
                                                                                                                                
1:37:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOLMES  argued, however, that an  exception to the                                                               
reporting   requirement  for   $500   contributions  exists   for                                                               
individual  campaigns   such  that   the  candidate   can  donate                                                               
unlimited amounts  to his/her own  campaign.  She inquired  as to                                                               
whether  a  similar  exception  exists  for  the  individual  who                                                               
initiates a ballot initiative.                                                                                                  
                                                                                                                                
REPRESENTATIVE SAMUELS stated  that the intent of  Amendment 2 is                                                               
to   require  the   same  limits   for   candidates  and   ballot                                                               
initiatives.   He surmised that the  person collecting signatures                                                               
and  the person  forwarding  the  "idea" should  be  held to  the                                                               
reporting requirement under the $500 limit.                                                                                     
                                                                                                                                
1:39:09 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS  offered his understanding  of the  rationale behind                                                               
the  $1 per  signature  payment for  collecting  signatures.   He                                                               
recalled the  importance providing  payment to  people collecting                                                               
signatures and  while he said  he did not recollect  the specific                                                               
reason for doing so, that  the payment is currently authorized in                                                               
statute.    He  opined  that  Amendment  2  would  make  it  very                                                               
difficult to  finance the  collection of  signatures.   He opined                                                               
that  the collection  of signatures  is  entirely different  than                                                               
advocating or opposing a particular  ballot initiative.  He asked                                                               
whether Amendment  2 would  apply to both  the effort  to collect                                                               
signatures as well as the promotion of an initiative itself.                                                                    
                                                                                                                                
REPRESENTATIVE  SAMUELS  answered that  it  would  apply in  both                                                               
instances.   He  highlighted that  if a  candidate paid  campaign                                                               
workers to  hang flyers on  doors then the candidate  is required                                                               
to disclose the  source of the expenditure, the  amount paid, and                                                               
the payee.  Not only is  he subject to disclosure as a candidate,                                                               
but he also would be subject  to the same disclosure in the event                                                               
he withdrew his candidacy, he noted.                                                                                            
                                                                                                                                
CHAIR  RAMRAS highlighted  that this  amendment would  affect the                                                               
Fairbanks  North Star  Borough's  (FNSB) efforts  since it  spent                                                               
$150,000  to  collect signatures  for  a  ballot initiative  that                                                               
would raise property taxes.   He surmised that under Amendment 2,                                                               
the FNSB would be limited to $500 in total participation.                                                                       
                                                                                                                                
REPRESENTATIVE HOLMES referred to page  2, in proposed Section 5.                                                               
She  said  she  was  not   sure  that  the  FNSB  could  actually                                                               
contribute  at all.    She opined  that her  quick  view of  this                                                               
section is that the FNSB  or a corporation couldn't contribute to                                                               
an individual campaign either.                                                                                                  
                                                                                                                                
1:42:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SAMUELS stated  his intention is for  a group that                                                               
establishes a committee and begins  a ballot initiative to submit                                                               
to disclosure and  report the source of donations  and report its                                                               
expenditures.   He posed a  scenario in  which the FNSB  begins a                                                               
ballot initiative and  forms a group named  "People for Beautiful                                                               
Flowers Coalition."  If that  group receives money from the FNSB,                                                               
it  must  also  disclose  the  source of  any  funds  from  third                                                               
parties.                                                                                                                        
                                                                                                                                
CHAIR  RAMRAS inquired  as to  whether individuals  can self-fund                                                               
their own initiatives.                                                                                                          
                                                                                                                                
REPRESENTATIVE SAMUELS answered that he  did not think they would                                                               
be prohibited from  doing so.  He referred to  page 2, subsection                                                               
(g), which requires disclosure of expenditures exceeding $500.                                                                  
                                                                                                                                
CHAIR  RAMRAS inquired  as to  whether a  person can  self-fund a                                                               
ballot initiative  to place it  on the ballot  and once it  is on                                                               
the  ballot, whether  the person  can  also fund  to advocate  or                                                               
oppose the ballot initiative.                                                                                                   
                                                                                                                                
1:47:16 PM                                                                                                                    
                                                                                                                                
ALPHEUS   BULLARD,    Attorney,   Legislative    Legal   Counsel,                                                               
Legislative  Legal  and  Research Services,  Legislative  Affairs                                                               
Agency (LAA), answered  that an individual could  use his/her own                                                               
resources to  support or  oppose an initiative.   He  pointed out                                                               
that the proposed  legislative intent on page  2, subsection (b),                                                               
and Amendment  [2] would  not operate  to restrict  the activity.                                                               
Thus, an individual could self-fund  an initiative or could self-                                                               
fund  efforts to  support or  oppose an  initiative.   In further                                                               
response  to  Chair  Ramras,  Mr. Bullard  offered  that  if  the                                                               
individual was  the one  who collected the  signatures as  one of                                                               
the initiative  committee sponsors  using his/her own  funds, not                                                               
contributing them to  an individual, group, or  non group entity,                                                               
that the individual "would be in the clear."                                                                                    
                                                                                                                                
CHAIR  RAMRAS asked  if  a third  party,  such as  Representative                                                               
Holmes,  wanted  to   contribute  $500  to  the   effort,  to  an                                                               
initiative, since the entity is not yet established.                                                                            
                                                                                                                                
MR. BULLARD answered  that he was not entirely sure.   He said he                                                               
thought that a third party,  such as Representative Holmes, could                                                               
contribute  $500   to  the  individual  who   is  collecting  the                                                               
signatures, such  as Mr.  Ramras, even though  the entity  is not                                                               
yet established.                                                                                                                
                                                                                                                                
CHAIR RAMRAS pointed out that  current law allows for three prime                                                               
sponsors  to  start a  ballot  initiative.    He inquired  as  to                                                               
whether  a third  party could  contribute  to each  of the  three                                                               
prime sponsors.                                                                                                                 
                                                                                                                                
REPRESENTATIVE  HOLMES inquired  as to  whether she  could, as  a                                                               
third  party, contribute  to  all three  prime  sponsors at  $500                                                               
each.                                                                                                                           
                                                                                                                                
MR. BULLARD answered  that he thought that the  third party, such                                                               
as Representative  Holmes as a  third party, would be  limited to                                                               
contribute only  $500 per year to  any one of the  sponsors since                                                               
the  sponsors  constitute  a  legislative  initiative  committee,                                                               
which is considered a group.   He offered that the easiest way to                                                               
understand Amendment 2 is to  realize that this amendment matches                                                               
what  is   currently  provided  for  candidates   under  election                                                               
statutes under  AS 15.13  and this bill  would make  it identical                                                               
for ballot initiatives.                                                                                                         
                                                                                                                                
1:50:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOLMES  inquired as to whether  corporations would                                                               
be able to either contribute to  a committee and, if not, whether                                                               
corporations can fund their own commercials.                                                                                    
                                                                                                                                
MR.  BULLARD referred  to  page  2 of  Amendment  2, in  proposed                                                               
AS 15.13.070(f), and  explained that this subsection  would limit                                                               
the corporation to $1,000 contribution.                                                                                         
                                                                                                                                
REPRESENTATIVE  HOLMES inquired  as to  whether a  corporation is                                                               
considered a non-group entity.                                                                                                  
                                                                                                                                
MR.  BULLARD referred  to proposed  AS 15.13.070,  which is  also                                                               
modified by proposed Section 6.                                                                                                 
                                                                                                                                
CHAIR RAMRAS inquired as to the intent of Amendment 2.                                                                          
                                                                                                                                
REPRESENTATIVE SAMUELS  offered that his goal  for both Amendment                                                               
6 and  this bill  is to "know  where the money  comes from."   He                                                               
said, "I  want to limit the  amount of money that  flows into the                                                               
initiative process."   He further stated that  the process should                                                               
be transparent.                                                                                                                 
                                                                                                                                
REPRESENTATIVE SAMUELS withdrew Amendment 2.                                                                                    
                                                                                                                                
1:53:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SAMUELS  made  a  motion  to  adopt  Amendment  3                                                               
labeled 25-LS1263\E.2, Bullard, 3/25/08, which read:                                                                            
                                                                                                                                
     Page 3, lines 12 - 18:                                                                                                     
          Delete all material and insert:                                                                                       
          "Sec. 15.45.770. Registration and reporting. (a)                                                                    
     In  addition  to  those persons  required  to  register                                                                    
     before  making  an  expenditure in  support  of  or  in                                                                    
     opposition    to    a     ballot    initiative    under                                                                    
     AS 15.13.050(a),  an   individual  making  expenditures                                                                    
     exceeding $500 in  a calendar year in support  of or in                                                                    
     opposition  to an  initiative shall  register with  the                                                                    
     commission.                                                                                                                
          (b)  A person making expenditures in support of                                                                       
     or in opposition to an  initiative and registered under                                                                    
     AS 15.13.050(a) and an  individual registered under (a)                                                                    
     of  this  section shall  file  reports  as required  by                                                                    
     AS 15.13.040 and AS 15.13.110."                                                                                            
                                                                                                                                
     Reletter the following subsections accordingly.                                                                            
                                                                                                                                
REPRESENTATIVE HOLMES objected.                                                                                                 
                                                                                                                                
MS. CHRISTENSEN explained that Amendment  3 will remove redundant                                                               
language from Version E.                                                                                                        
                                                                                                                                
REPRESENTATIVE SAMUELS, in response  to Chair Ramras, stated that                                                               
he  could   not  imagine  collecting  signatures   for  a  ballot                                                               
initiative  in instances  in which  a  person is  opposed to  the                                                               
initiative.   He  further stressed  his  desire for  an open  and                                                               
transparent process.                                                                                                            
                                                                                                                                
1:56:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  COGHILL noted  that elected  officials also  have                                                               
two phases  to its campaign,  since many candidates  have primary                                                               
opponents.  The primary process  involves extensive reporting, as                                                               
well, he opined.                                                                                                                
                                                                                                                                
REPRESENTATIVE   GRUENBERG   asked   whether   Amendment   3   is                                                               
constitutional.                                                                                                                 
                                                                                                                                
MR.  BULLARD  answered  that  he believes  that  Amendment  3  is                                                               
constitutional.   However, he stated  that he has not  written an                                                               
opinion to that effect.                                                                                                         
                                                                                                                                
REPRESENTATIVE GRUENBERG  inquired as  to whether Amendment  3 is                                                               
affected by McIntyre  v. the Ohio Elections  Commission, 514 U.S.                                                             
335(1995).                                                                                                                      
                                                                                                                                
MR.  BULLARD   believe  that  the  $500   limit  for  individuals                                                               
precludes  any  constitutional  problem  that  McIntyre  decision                                                             
might  raise, because  McIntyre  related to  an anonymous  person                                                             
distributing leaflets about a school  board election.  He pointed                                                               
out  that ballot  initiatives present  a  much larger  situation.                                                               
Distributing  leaflets is  a local  concern,  which is  different                                                               
than the speech associated with ballot initiatives, he opined.                                                                  
                                                                                                                                
REPRESENTATIVE  GRUENBERG noted  that Amendment  3 uses  both the                                                               
terms "person" and  "individual."  He inquired as  to whether the                                                               
terms should be made the same.                                                                                                  
                                                                                                                                
MR.  BULLARD stated  that under  current  statute, AS  15.13.050,                                                               
persons, other than individuals  - which consist of corporations,                                                               
groups, and non  groups - are required to report  prior to making                                                               
expenditures  in  support  of  or   in  opposition  to  a  ballot                                                               
initiative.    Amendment  3 merely  adds  in  individuals  making                                                               
expenditures that exceed $500.                                                                                                  
                                                                                                                                
REPRESENTATIVE GRUENBERG inquired as  to whether "individuals" is                                                               
included within the definition of  "persons" and if "individuals"                                                               
are currently required to register.                                                                                             
                                                                                                                                
2:00:18 PM                                                                                                                    
                                                                                                                                
MR. BULLARD answered that they are  not required to register.  He                                                               
stated  that Amendment  3 reflects  AS 15.13.050,  which provides                                                               
that a person other than an individual must register.                                                                           
                                                                                                                                
REPRESENTATIVE HOLMES stated that  proposed subsection (a) of the                                                               
bill seems to  add a new requirement for individuals.   She asked                                                               
if this means  that if a corporation or a  non group entity makes                                                               
independent expenditures  in excess  of $500 that  those entities                                                               
are not  required to  register under  Amendment 3.   She  posed a                                                               
scenario  in  which  a  corporation expended  $500  or  more  and                                                               
surmised  that the  corporation  would not  need  to register  or                                                               
report.                                                                                                                         
                                                                                                                                
MR. BULLARD  answered that the registration  requirements already                                                               
exist  and  he referred  to  AS  15.13.050, which  would  require                                                               
Representative Holmes' hypothetical corporation  to register.  He                                                               
stated that Amendment 3 doesn't change that requirement.                                                                        
                                                                                                                                
2:02:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOLMES withdrew her objection.                                                                                   
                                                                                                                                
There being no further objection, Amendment 3 was adopted.                                                                      
                                                                                                                                
CHAIR RAMRAS, after first determining  that no one else wished to                                                               
testify, closed public testimony on HB 355.                                                                                     
                                                                                                                                
2:02:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DAHLSTROM moved  to report the proposed  CS for HB
355, Version  25-LS1263\E, Bullard,  3/20/08, as amended,  out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.   There  being  no  objection, CSHB  355(JUD)  was                                                               
reported from the House Judiciary Standing Committee.                                                                           
                                                                                                                                
CHAIR  RAMRAS urged  the sponsor  to recognize  the two  distinct                                                               
processes  addressed  in the  bill  that  protect the  rights  of                                                               
democracy and yet still meet the rights of full disclosure.                                                                     
                                                                                                                                
REPRESENTATIVE SAMUELS  remarked that  the initiative  process to                                                               
obtain the  necessary signatures  is as  important to  the public                                                               
and the  process, as are  the bumper stickers that  are purchased                                                               
once  the initiative  is  authorized to  be on  the  ballot.   He                                                               
offered a  hypothetical example, in which  ExxonMobil Corporation                                                               
is  working to  obtain signatures  for a  ballot initiative.   He                                                               
opined that  the public  has a  right to  know if  the ExxonMobil                                                               
Corporation is pushing  for an initiative through  its funding of                                                               
the signature collection process.                                                                                               
                                                                                                                                
REPRESENTATIVE HOLMES urged the bill's  sponsor to work to ensure                                                               
that  HB  355  does  not  contain a  loophole  that  would  allow                                                               
corporations to spend money and avoid  reporting in a way that an                                                               
individual cannot.                                                                                                              
                                                                                                                                
CHAIR RAMRAS remarked  that he does not like HB  355, but he said                                                               
he felt  that the  majority of  the committee  wanted to  see the                                                               
bill moved.                                                                                                                     
                                                                                                                                
[CSHB 355(JUD) was reported from committee.]                                                                                    
                                                                                                                                
HB 420 - ANATOMICAL GIFTS                                                                                                     
                                                                                                                                
2:05:11 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced  that the next order of  business would be                                                               
HOUSE BILL  NO. 420, "An  Act relating to the  Uniform Anatomical                                                               
Gift Act,  to anatomical  gifts, to  donations to  the anatomical                                                               
gift awareness  fund, to a  registry of anatomical gifts,  and to                                                               
organizations  that  handle  the  procurement,  distribution,  or                                                               
storage of all or a part of an individual's body."                                                                              
                                                                                                                                
2:05:46 PM                                                                                                                    
                                                                                                                                
REBECCA  ROONEY, Staff  to  Representative  Peggy Wilson,  Alaska                                                               
State  Legislature, stated  on behalf  of Representative  Wilson,                                                               
chair  of  the  House  Health,   Education  and  Social  Services                                                               
Standing Committee, sponsor, that HB  420 would update the Alaska                                                               
Statutes regarding organ  donation.  She stated  that the Uniform                                                               
Anatomical Gift  Act (UAGA) is  model legislation that  serves to                                                               
harmonize organ and  tissue donation laws in all 50  states.  The                                                               
model legislation  has served  this function  for over  40 years.                                                               
Alaska  statutes that  govern  organ donation  are  based on  the                                                               
UAGA.   However, the statutes  are based on the  last significant                                                               
update  in  1997.   She  stated  that    HB 420  brings  Alaska's                                                               
statutes in line with the  latest version, the 2008 revised UAGA.                                                               
She offered that  the Department of Law (DOL),  the Department of                                                               
Health  and  Social Services  (DHSS),  the  Office of  the  State                                                               
Medical   Examiner,   Life   Alaska    Donor   Services   and   a                                                               
representative  of the  National Conference  of Commissioners  on                                                               
Uniform State Laws  (NCCUSL) were involved in  the development of                                                               
the  language and  so  far  all are  satisfied  with the  result.                                                               
Currently, 180  Alaskans are in  need of life  saving transplants                                                               
and await the  availability of a donated organ  and hundreds more                                                               
await  tissue transplants.   The  bill  is a  realignment of  the                                                               
statutes and a sectional analysis is in members' packets.                                                                       
                                                                                                                                
2:08:47 PM                                                                                                                    
                                                                                                                                
DEBORAH BEHR, Chief, Assistant  Attorney General, Legislation and                                                               
Regulations Section,  Civil Division (Juneau), Department  of Law                                                               
(DOL); Alaska  Uniform Law  Commissioner, National  Conference of                                                               
Commissioners on Uniform State Laws  (NCCUSL), explained that she                                                               
is pleased  to recommend the  adoption of the  Uniform Anatomical                                                               
Gift Act (UAGA).                                                                                                                
                                                                                                                                
REPRESENTATIVE GRUENBERG related his  understanding that the bill                                                               
is intended to retain uniformity of the current statutes.                                                                       
                                                                                                                                
MS. BEHR  pointed out that this  bill would place Alaska  in line                                                               
with 20 other states that have  adopted the UAGA.  She noted that                                                               
16 additional  legislatures have  bills pending that  would adopt                                                               
the  UAGA.   It  is  complementary  with  the laws  currently  in                                                               
Alaska.                                                                                                                         
                                                                                                                                
REPRESENTATIVE  GRUENBERG  asked  whether passing  HB  420  would                                                               
destroy the uniformity of the act.                                                                                              
                                                                                                                                
MS. BEHR consulted  with the national organization  and this bill                                                               
is consistent  with what  other states are  doing.   She stressed                                                               
the importance  in the uniformity  of the laws with  other states                                                               
since  an organ  donor  may be  in one  state,  the recipient  in                                                               
another, and families residing in other states.                                                                                 
                                                                                                                                
REPRESENTATIVE  GRUENBERG  referred  to  page  15  lines  21,  in                                                               
proposed AS  13.52.253, which  he read:   "Except as  provided by                                                               
13.52.055  ..."   He  inquired  as  to  whether the  uniform  law                                                               
commissioners  have considered  whether  this  would destroy  the                                                               
uniform act.                                                                                                                    
                                                                                                                                
MS. BEHR answered that AS 13.52.253  is a provision [having to do                                                               
with health  care decisions during  pregnancy] that is  unique to                                                               
Alaska law.  However, the  uniform law commissioners believe that                                                               
certain  decisions can  be  reserved  by the  state.   Thus,  the                                                               
decision itself  does not  destroy the  uniformity of  how organs                                                               
are donated.  She highlighted  that the commission does not delve                                                               
into  the  basic decisions  such  as  pregnancy, which  would  be                                                               
deferred to the local jurisdiction.                                                                                             
                                                                                                                                
2:12:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN  inquired as to  what percentage of  gifts go                                                               
to recipients that  need a major organ such as  a heart or kidney                                                               
as opposed gifts for cosmetic or elective surgery.                                                                              
                                                                                                                                
BRUCE  ZALNERAITIS, Chief  Executive Officer,  Life Alaska  Donor                                                               
Services (Life  Alaska), offered his understanding  that an organ                                                               
donor would, on  average, assist four or five  recipients and one                                                               
tissue donor assists up to 50  tissue recipients.  He stated that                                                               
Alaska averages  200 donors  a year,  of which  25 are  organ and                                                               
tissue donors combined, and the  remainder are tissue donors that                                                               
do not  donate organs.   In response to Representative  Lynn, Mr.                                                               
Zalneraitis explained  that organ donors donate  a vascular organ                                                               
such as  a kidney,  liver, heart,  lungs, pancreas,  or sometimes                                                               
the  small intestine.   He  stated that  organs are  vascular and                                                               
have a  blood supply  at the  time of donation.   A  tissue donor                                                               
would donate such items as  cornea, skin, orthopedic tissues, and                                                               
vessels  of the  leg.   Tissue  donors donate  tissues after  the                                                               
circulation  has  ceased  for  up   to  24  hours  following  the                                                               
cessation  of the  heart, whereas  organs are  donated while  the                                                               
heart is still beating, he stated.                                                                                              
                                                                                                                                
2:15:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN  inquired as to  whether any part  of aborted                                                               
fetuses is used.                                                                                                                
                                                                                                                                
MR. ZALNERAITIS  answered that his  organization does  not engage                                                               
in  any  research from  fetuses  and  nothing is  donated  before                                                               
normal birth.                                                                                                                   
                                                                                                                                
REPRESENTATIVE LYNN inquired as to  whether Life Alaska charges a                                                               
fee for its services.                                                                                                           
                                                                                                                                
MR. ZALNERAITIS  answered that the  fees are charged in  the same                                                               
manner as donated blood, which is  a fee charged to the recipient                                                               
for  processing.   He also  explained that  fees are  charged for                                                               
tissue transplants  related to the  processing charges  to safely                                                               
acquire, preserve, and  send the tissue to  the recipient center.                                                               
In  further  response  to Representative  Lynn,  Mr.  Zalneraitis                                                               
confirmed that the processing fees  for organ and tissue donation                                                               
vary.  He noted that organs have the highest acquisition fee.                                                                   
                                                                                                                                
2:16:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE COGHILL  offered that this  is issue is  very dear                                                               
to him  since his  own grandson  was a  donor when  he died.   He                                                               
related that his grandson was kept alive  for a day and a half in                                                               
order for  him to be  a donor.  He  found the issue  of donations                                                               
between states created the biggest problem for his family.                                                                      
                                                                                                                                
MR. ZALNERAITIS  stated that in  the case of organ  transplants a                                                               
limited time  exists to  reestablish blood flow  of the  organ in                                                               
the recipient.   For example,  a heart is  viable for 6  hours, a                                                               
liver  is  viable  for  18   hours,  and  kidney  is  viable  for                                                               
approximately 24 to 30 hours  from the interruption of blood flow                                                               
in the donor, he  stated.  He noted that the  time is limited for                                                               
Alaskan donors and  that often the recipient is  in the operating                                                               
room  when the  heart  will  arrive at  a  hospital  such as  the                                                               
University   of   Washington   [Medical   Center]   in   Seattle,                                                               
Washington.                                                                                                                     
                                                                                                                                
2:18:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  COGHILL  inquired  as  to whether  the  rules  of                                                               
procedure  are  currently "out  of  sync"  as compared  to  those                                                               
proposed under HB 420.                                                                                                          
                                                                                                                                
MS. BEHR stated  that HB 420 will dramatically  improve the donor                                                               
process because  it establishes  procedures.   She stated  that a                                                               
young child  likely did not sign  a release and the  parents must                                                               
do  that on  behalf of  the  child.   This  bill will  set out  a                                                               
procedure to clearly inform the  doctor of the family's wishes to                                                               
donate  the  organ  or  tissue,  she stated.    She  related  her                                                               
understanding that the UAGA has saved lives in other states.                                                                    
                                                                                                                                
MR.  ZALNERAITIS, in  response to  Chair  Ramras, explained  that                                                               
organ  donors in  Alaskans are  sent to  Seattle, which  is where                                                               
Alaska recipients receive  most of their transplants.   He stated                                                               
that of  the 180 waiting,  approximately 120 are  kidney patients                                                               
awaiting transplants  at Virginia  Mason Medical  Center, Swedish                                                               
Medical  Center,  and University  of  Washington  hospitals.   He                                                               
offered  that  Alaska  patients  sometimes  receive  organs  from                                                               
Washington,  Idaho, or  Montana donor.   In  further response  to                                                               
Chair Ramras, Mr. Zalneraitis stated  that most Alaskans awaiting                                                               
kidney donations stay in Alaska,  on dialysis.  However, patients                                                               
awaiting  a  lung or  heart  transplant  are frequently  unstable                                                               
patients and may  be admitted to a hospital in  Washington or are                                                               
housed  nearby awaiting  the call  that the  donor is  available.                                                               
Life  Alaska   has  about   25  donors   per  year,   who  donate                                                               
approximately 100 organs to recipients.                                                                                         
                                                                                                                                
2:22:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DAHLSTROM  noted that  she  is  aware of  several                                                               
people  in her  community  awaiting transplants,  including a  10                                                               
year old boy  named Sean who has been living  in Seattle with his                                                               
mother and sister awaiting a heart transplant.                                                                                  
                                                                                                                                
KIM  MAGEE stated  that  she  is a  recipient  of a  simultaneous                                                               
kidney  and pancreas  donations.   She explained  that she  was a                                                               
diabetic  for  38  years  and  developed  kidney  disease,  which                                                               
resulted in kidney  failure.  Ms. Magee stated that  she was on a                                                               
waiting list for 8  months, which is not a long  time to wait for                                                               
a  kidney, she  opined.   She  was residing  in  Alaska when  she                                                               
received the  call that a  kidney and pancreas from  a Washington                                                               
state  donor was  available.   She  said within  a  few hours  of                                                               
receiving the  call, she was on  a plane headed to  Seattle.  She                                                               
also  wished to  point out  that she  received excellent  medical                                                               
care  while in  Alaska.   Ms. Magee  stated that  organ donations                                                               
save lives.                                                                                                                     
                                                                                                                                
2:27:25 PM                                                                                                                    
                                                                                                                                
SHERRY BADILLO  MORENO, Volunteer,  Life Alaska, stated  that her                                                               
17 year  old daughter died  in 2003 while  driving to work.   She                                                               
said her daughter was less than  one mile from home when she lost                                                               
control of  her truck  and hit  two trees and  died.   She stated                                                               
that her  daughter was a  senior at Colony High  School, involved                                                               
in the  football program,  was a  nationally published  poet, who                                                               
spoke of  the brevity of  life in her  poetry.  She  related some                                                               
touching  personal   information  about  her  daughter   and  her                                                               
accomplishments.   She said  that her  daughter lives  on through                                                               
her tissue  donations that  helped 48 people.   She  related that                                                               
her  daughter died  immediately so  she  was not  eligible as  an                                                               
organ donor.   However, her  heart valve, skin, tissue,  and bone                                                               
were donated  to recipients.   She characterized  tissue donation                                                               
and organ donation as the "right thing to do."                                                                                  
                                                                                                                                
2:33:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  referred  to  page  13,  line  16,  in                                                               
proposed subsection (f).   He inquired as to whether  a minor has                                                               
a constitutional  right to  determine what to  do with  their own                                                               
body.                                                                                                                           
                                                                                                                                
MS.  BEHR answered  that  when  a minor  applies  for a  driver's                                                               
license, that  the minor needs  parental consent.   As a  part of                                                               
that a form,  the bottom of the card allows  for consent to organ                                                               
donation.   A  parent is  not  involved in  that decision  making                                                               
process.  However,  subsection (f), is designed  to allow parents                                                               
to  make  final  decisions  and   revoke  or  amend  consent  for                                                               
instances in which a minor in  the custody of his/her parents has                                                               
given consent for organ donation.                                                                                               
                                                                                                                                
REPRESENTATIVE  GRUENBERG   inquired  as   to  whether   that  is                                                               
constitutional  because it  seems to  him  that the  minor has  a                                                               
right to determine what to do  with his/her own body and that the                                                               
state  should provide  a method  to effectuate  it regardless  of                                                               
whether the  child obtains  a driver's license.   He  opined that                                                               
this is  an important  constitutional question  that needs  to be                                                               
addressed, although he offered that  he did not need an immediate                                                               
answer to  his question.   He referred to  page 14 lines  5-7, in                                                               
proposed subsection  (i), which  bans the attending  physician at                                                               
the  death  of a  donor  from  participating  in the  removal  of                                                               
organs.   He said that in  many rural areas with  only one doctor                                                               
this may pose problems and  offered that this subsection may need                                                               
an Alaskan exception.                                                                                                           
                                                                                                                                
MR. ZALNERAITIS  answered that  when a death  occurs, it  is Life                                                               
Alaska's responsibility to arrange  transportation to those rural                                                               
areas.  He stated that in  no circumstance would Life Alaska want                                                               
or  expect a  physician  who  was involved  in  the  care of  the                                                               
patient  and  the declaration  of  death  to participate  in  the                                                               
donation  procedure.   He stated  the  donation procedures  would                                                               
instead  be  carried   out  by  Life  Alaska's   team  and  their                                                               
colleagues in Seattle and that  Life Alaska would arrange for the                                                               
necessary transportation.                                                                                                       
                                                                                                                                
REPRESENTATIVE  GRUENBERG  inquired  as to  whether  vagaries  of                                                               
Alaska weather and the need  for quick harvesting of donor organs                                                               
enters into the process such that the  bill may need to be "a bit                                                               
looser" to provide for medical necessity.                                                                                       
                                                                                                                                
MR. ZALNERAITIS said that the  practicality of organ donation and                                                               
the reality  of medical  conditions to  allow for  organ donation                                                               
would require that any patient  be transferred to a hospital that                                                               
has  the capability  to provide  services to  maintain the  donor                                                               
prior to a transplant that are  not available in rural areas.  He                                                               
pointed  out that  if  it was  not possible  to  do maintain  the                                                               
donor's life, that the person could be a tissue donor.                                                                          
                                                                                                                                
2:40:14 PM                                                                                                                    
                                                                                                                                
JAY  BUTLER,   M.D.,  Chief  Medical   Officer,  Office   of  the                                                               
Commissioner, Department  of Health  and Social  Services (DHSS),                                                               
concurred with Mr.  Zalneraitis.  Dr. Butler  elaborated that the                                                               
process of  organ and tissue  harvesting is highly  technical and                                                               
specialized.   He stated  that primary  care physicians  in rural                                                               
areas do not  have training or equipment to do  so and he thought                                                               
that  it would  raise questions  about the  standard of  care and                                                               
whether it could be achieved in those settings.                                                                                 
                                                                                                                                
REPRESENTATIVE GRUENBERG  offered his strong support  for HB 420.                                                               
He stated that  he just wanted to ensure that  the bill addresses                                                               
Alaska's situation since Alaska is  so large with few physicians.                                                               
He offered  his goal is to  avoid having the matter  come back to                                                               
the  legislature in  order to  accommodate medical  technological                                                               
advances.                                                                                                                       
                                                                                                                                
DR. BUTLER opined that he did  not see that happening in the near                                                               
future.                                                                                                                         
                                                                                                                                
REPRESENTATIVE  GRUENBERG  characterized   his  comments  on  the                                                               
minor's right to choose as an attempt to be helpful.                                                                            
                                                                                                                                
2:42:00 PM                                                                                                                    
                                                                                                                                
MIKE  GERAGHTY,   Attorney,  Alaska  Uniform   Law  Commissioner,                                                               
National  Conference  of  Commissioners  on  Uniform  State  Laws                                                               
(NCCUSL), explained that the original  act was passed in 1968 and                                                               
was enacted  by all 50 states  and the District of  Columbia.  He                                                               
stated  that HB  420 incorporates  changes in  the revised  UAGA,                                                               
which was  just promulgated by  the NCCUSL  in 2006.   Since then                                                               
the revised  act has been  adopted in  at least 22  states, which                                                               
represents very fast action on the part of those states.                                                                        
                                                                                                                                
MR. GERAGHTY highlighted  changes in the revised act.   The first                                                               
person consent  to make a donation  of organ and tissue  has been                                                               
substantially  strengthened to  bar  others  from interfering  or                                                               
attempting to  revoke the gift.   By the same token,  if a person                                                               
has entered into  a refusal, the act also  protects that person's                                                               
right  not to  make a  gift.   He pointed  out that  absent first                                                               
person consent, in  which the deceased has  neither consented nor                                                               
refused  to make  a gift,  the revised  act facilitates  gifts by                                                               
family members and health care  agents by expanding those who can                                                               
act to  make a gift on  a person's behalf to  include health care                                                               
agent.    This bill  also  clarifies  the  manner in  which  that                                                               
consent must be contained and  outlines the circumstances.  Gifts                                                               
on  donor registries  and state  issued identification  cards are                                                               
specifically authorized under HB  420.  Registries are encouraged                                                               
and operation  standards are provided  since many stated  did not                                                               
have donor registries.   He pointed out that the  state adopted a                                                               
uniform  state  registry a  few  years  ago  that has  been  very                                                               
successful.  This bill provides  for cooperation and coordination                                                               
between   procurement   organizations   and   medical   examiners                                                               
specifically  with regard  to procurement  from potential  donors                                                               
under the jurisdiction of the medical examiner.                                                                                 
                                                                                                                                
MR. GERAGHTY  concluded that HB  420 harmonizes federal  law with                                                               
current  practices   including  the   use  of   advanced  medical                                                               
directives, such  as do not  resuscitate orders.  He  stated that                                                               
the  revised  act  has  been endorsed  by  the  American  Medical                                                               
Association  (AMA),  the  American  Bar  Association  (ABA),  the                                                               
American Academy  of Ophthalmology,  the American  Association of                                                               
Tissue  Banks, the  American Society  of Cataract  and Refractive                                                               
Surgery, the Association of  Organ Procurement Organizations, the                                                               
federal  Health and  Human Services  Advisory Committee  on Organ                                                               
Transplantation,   the  Cornea   Society,   and   the  Eye   Bank                                                               
Association of America.  He  strongly encouraged the committee to                                                               
act on HB 420.                                                                                                                  
                                                                                                                                
2:47:17 PM                                                                                                                    
                                                                                                                                
CHAIR  RAMRAS, after  first  determining no  one  else wished  to                                                               
testify, closed public testimony on HB 420.                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG  expressed an interest in  having HB 420                                                               
held over so that he could  research the matter of the minor, but                                                               
he deferred to Chair Ramras.                                                                                                    
                                                                                                                                
CHAIR RAMRAS  expressed his preference  for moving HB 420  out of                                                               
committee.                                                                                                                      
                                                                                                                                
2:48:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DAHLSTROM moved to report  HB 420 out of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.   There being no objection,  HB 420 was reported  from the                                                               
House Judiciary Standing Committee.                                                                                             
                                                                                                                                
HB 368 - ETHICS: LEGISLATIVE & GOV/LT GOV                                                                                     
                                                                                                                                
[Contains brief mention that HB 368  is intended to clean up some                                                               
of the provisions of HB 109.]                                                                                                   
                                                                                                                                
2:49:08 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced that the  final order of business would be                                                               
HOUSE  BILL  NO.  368,  "An  Act  modifying  the  limitations  on                                                               
political fund raising during  legislative sessions by candidates                                                               
for  governor  or  for  lieutenant  governor,  and  amending  the                                                               
Legislative  Ethics Act  to modify  the  limitation on  political                                                               
fund  raising by  legislators  and  legislative employees  during                                                               
legislative  sessions,  to   allow  legislators  and  legislative                                                               
employees  to accept  certain gifts  from lobbyists  within their                                                               
immediate families, to  clarify the Legislative Ethics  Act as it                                                               
relates to  legislative volunteers  and educational  trainees, to                                                               
reduce the  frequency of publication  of summaries by  the Select                                                               
Committee  on  Legislative  Ethics,   to  revise  procedures  and                                                               
penalties related to  the late filing of  disclosures required by                                                               
the  Legislative Ethics  Act, and  to  add a  definition to  that                                                               
Act."  [Before the committee was CSHB 368(STA).]                                                                                
                                                                                                                                
2:49:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  COGHILL moved  to  adopt  the proposed  committee                                                               
substitute (CS) for HB 368,  Version 25-LS1326\O, Wayne, 3/20/08,                                                               
as the  working document.   There being  no objection,  Version O                                                               
was before the committee.                                                                                                       
                                                                                                                                
2:50:25 PM                                                                                                                    
                                                                                                                                
JOYCE ANDERSON, Ethics  Committee Administrator, Select Committee                                                               
on Legislative  Ethics, Legislative Affairs Agency  (LAA), stated                                                               
that HB 368 is a clean up bill  from last year, HB 109, which was                                                               
an   all   encompassing   ethics  bill.      Additionally,   some                                                               
recommendations  by  ethics  committee members  are  incorporated                                                               
into HB 368.   She reviewed the changes in  Version O by section.                                                               
She  stated   that  in  Section   1,  the  Select   Committee  on                                                               
Legislative  Ethics  recommended  not   to  allow  campaign  fund                                                               
raising during  a legislative session regardless  of the location                                                               
of the fundraiser.   She noted that Section 2  of the bill refers                                                               
to gifts.  Last year, a provision  was added to HB 109 that would                                                               
prohibit  lobbyists  from  giving  gifts  to  legislative  staff.                                                               
However, the  change created an  inadvertent consequence  in that                                                               
it also  prohibited spouses  from giving gifts  to staff.   Thus,                                                               
spouses were  prohibited from giving  gifts to  their significant                                                               
others for birthdays  or anniversaries.  The  Select Committee on                                                               
Legislative Ethics  recommends that gifts should  be allowed from                                                               
immediate family members to legislative staff.                                                                                  
                                                                                                                                
MS. ANDERSON  advised that Sections 3  and 4 of the  bill are not                                                               
changed.   Section  [6]  requires that  the  Select Committee  on                                                               
Legislative  Ethics  publish  summaries   of  its  decisions  and                                                               
advisory  opinions  annually   instead  of  semi-annually,  which                                                               
reflects  current  practice and  was  recommended  by the  Select                                                               
Committee on Legislative  Ethics.  She also pointed  out that the                                                               
advisory opinions are placed in  the newsletter immediately after                                                               
issuance and  are placed in  a searchable database on  the Select                                                               
Committee on  Legislative Ethics'  website.  She  further advised                                                               
that  complaint  decisions  are   also  placed  in  the  advisory                                                               
newsletter and will soon be posted  on the website, as well.  She                                                               
highlighted that the Select Committee  on Legislative Ethics also                                                               
notifies the  press of  any decision  or opinion  as part  of its                                                               
internal policy and its rules of procedure.                                                                                     
                                                                                                                                
MS.  ANDERSON pointed  out that  the summaries  of decisions  and                                                               
advisory opinions are submitted to  the House Chief Clerk and the                                                               
Senate  Secretary  annually,  which  then  becomes  part  of  the                                                               
legislative journal.   Section  [7] of the  bill pertains  to the                                                               
fine structure.   Currently, the committee can impose  a fine for                                                               
late filing of disclosures.   The Select Committee on Legislative                                                               
Ethics  recommends adding  language that  would separate  out and                                                               
make  a  distinction  between "inadvertent"  and  "willful"  late                                                               
filings.  Currently  the fine imposed for late filings  is $2 per                                                               
day, with  a maximum  of $100  for each  disclosure.   The Select                                                               
Committee on Legislative Ethics  recommends limiting the fine for                                                               
inadvertent  late filing  to  $25  and would  impose  a fine  for                                                               
willful late  filing in the amount  of $100 for each  day, not to                                                               
exceed $2,500.   She related that a former  legislator refused to                                                               
file his/her  disclosures, eventually filed  his/her disclosures,                                                               
and was  fined.   However, the former  legislator refused  to pay                                                               
the fine  and since  the fine  consisted of  two $100  fines, the                                                               
attorney  general's office  declined  to prosecute.   The  Select                                                               
Committee  on  Legislative  Ethics  stresses  the  importance  of                                                               
filing final disclosures.   Thus, the fine  structure was changed                                                               
to encourage  timely filing of  disclosures after  leaving office                                                               
or  leaving  employment.    Ms.  Anderson  highlighted  that  her                                                               
research of other  states showed that their  fines ranged between                                                               
$5,000 and $10,000  for late filings, so the  Select Committee on                                                               
Legislative Ethics  felt that $100  per day fine  was reasonable.                                                               
She noted that  she worked with staff on an  amendment, which she                                                               
could address later on for the committee.                                                                                       
                                                                                                                                
2:57:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DAHLSTROM related  her  understanding that  under                                                               
current law the Select Committee  on Legislative Ethics could not                                                               
take  any  action with  respect  to  a  former legislator.    She                                                               
related her  own experience  with a late  filing and  offered her                                                               
view that  it was  her personal responsibility  to pay  the fine,                                                               
which she did.                                                                                                                  
                                                                                                                                
MS. ANDERSON pointed  out that the newspapers did  run an article                                                               
to  publicize the  late filing  in that  instance.   She surmised                                                               
that Representative  Dahlstrom probably was referring  to an APOC                                                               
late  filing rather  than  a  case that  came  before the  Ethics                                                               
Committee  for late  disclosure  filing.   She characterized  the                                                               
three-tier  fine structure  as meeting  the needs  of legislators                                                               
and  staff.    She  pointed  out that  the  Select  Committee  on                                                               
Legislative Ethics reviews extenuating circumstances.                                                                           
                                                                                                                                
CHAIR  RAMRAS  related  that  his  campaign  finance  manager  is                                                               
receiving treatment  for cancer  and he  said he  appreciates the                                                               
Select Committee  on Legislative Ethics' willingness  to consider                                                               
extenuating circumstances.                                                                                                      
                                                                                                                                
REPRESENTATIVE  SAMUELS  referred to  lines  1-6  in proposed  AS                                                               
15.13.072(g).  He  referred to "municipality" and  inquired as to                                                               
how  this  subsection  would  apply if  the  regular  or  special                                                               
session of  the legislature convened  in an  area that was  not a                                                               
"municipality."                                                                                                                 
                                                                                                                                
MS. ANDERSON offered  her recollection of past  discussions.  She                                                               
posed a scenario in which a  special session is held in Girdwood,                                                               
that the Select  Committee on Legislative Ethics  would not allow                                                               
fundraising  to occur  in  Anchorage.   The  Select Committee  on                                                               
Legislative  Ethics  would  view  the provision  to  include  the                                                               
entire area.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SAMUELS  inquired  as to  whether  municipalities                                                               
would  include  boroughs,  such   as  the  Fairbanks  North  Star                                                               
Borough.  He  opined that only one municipality exists  and it is                                                               
the Municipality of Anchorage.  He  further inquired as to how it                                                               
is defined.                                                                                                                     
                                                                                                                                
3:02:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GRUENBERG   recalled   that   the   Alaska   Bar                                                               
Association (ABA)  disciplines attorneys.   The  ABA can  issue a                                                               
public  reprimand, he  noted.   He suggested  that the  committee                                                               
consider  providing the  Select Committee  on Legislative  Ethics                                                               
similar power in  situations in which the  activity is considered                                                               
wilful  conduct  or  refusal.    In  response  to  Ms.  Anderson,                                                               
Representative Gruenberg  explained that the public  reprimand is                                                               
one that is provided to the  attorney and also a notice is placed                                                               
in  newspapers  of general  circulation  around  the state.    He                                                               
stated that he would be prepared to offer such an amendment.                                                                    
                                                                                                                                
MS.  ANDERSON  answered that  the  committee  has discussed  this                                                               
matter and has in its rules  of procedure that if willful conduct                                                               
of that  type occurs that the  conduct would be listed  in the in                                                               
the  advisor's   newsletter.    She  noted   that  the  advisor's                                                               
newsletter did list information on  the legislator who refused to                                                               
pay his/her fine.  She  pointed out that the advisor's newsletter                                                               
is also  posted to  the Select  Committee on  Legislative Ethics'                                                               
website.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  GRUENBERG  restated  that   he  would  offer  the                                                               
amendment   at  the   appropriate  time,   similar  to   the  ABA                                                               
disciplinary action.                                                                                                            
                                                                                                                                
REPRESENTATIVE COGHILL said  he would strongly object  to such an                                                               
amendment.  He  opined that the fine would be  enough.  He stated                                                               
that  disciplining  members should  remain  with  the body.    He                                                               
further stated  that the Select  Committee on  Legislative Ethics                                                               
has  enough authority.   However,  he  stated that  he wants  the                                                               
Select Committee  on Legislative Ethics to  perform its functions                                                               
well.                                                                                                                           
                                                                                                                                
CHAIR  RAMRAS reminded  members  of the  fourth  estate which  is                                                               
quite capable  of undermining the  reputation of members  in good                                                               
standing.                                                                                                                       
                                                                                                                                
REPRESENTATIVE LYNN  answered that the  person is no  longer part                                                               
of the  body so the  concern shouldn't  apply and would  not make                                                               
any difference.                                                                                                                 
                                                                                                                                
REPRESENTATIVE  SAMUELS  referred  to  page  2,  in  proposed  AS                                                               
15.13.072(g),  and inquired  as to  whether "municipality"  would                                                               
also encompass the cities and boroughs.                                                                                         
                                                                                                                                
3:07:48 PM                                                                                                                    
                                                                                                                                
DAN  WAYNE,  Attorney,  Legislative  Legal  Counsel,  Legislative                                                               
Legal and  Research Services,  Legislative Affairs  Agency (LAA),                                                               
explained  that the  general definition  of municipality  means a                                                               
political subdivision  incorporated under the laws  of the state,                                                               
a  home rule  or general  law city,  a home  rule or  general law                                                               
borough or a unified municipality.                                                                                              
                                                                                                                                
CHAIR RAMRAS, after first determining  that no one else wished to                                                               
testify, closed public testimony on HB 368.                                                                                     
                                                                                                                                
3:08:36 PM                                                                                                                    
                                                                                                                                
CHAIR  RAMRAS made  a motion  to adopt  Amendment 1,  labeled 25-                                                               
LS1326\O.1, Wayne, 3/26/08, which read:                                                                                         
                                                                                                                                
     Page 1, lines 3 - 4:                                                                                                       
          Delete "who are members of their immediate                                                                          
     families"                                                                                                                
                                                                                                                                
     Page 2, line 30, following "(B)":                                                                                          
          Insert "a contribution to a charity event from                                                                    
     any person at any time, and"                                                                                           
                                                                                                                                
     Page 3, line 7:                                                                                                            
          Delete "or"                                                                                                       
                                                                                                                                
     Page 3, line 10, following "family":                                                                                   
          Insert ";                                                                                                         
               (D)  a gift delivered on the premises of a                                                                   
     state facility and accepted on behalf of a recognized                                                                  
     nonpolitical charitable organization; or                                                                               
               (E)        a   compassionate    gift    under                                                                
     AS 24.60.075"                                                                                                          
                                                                                                                                
REPRESENTATIVE HOLMES objected.                                                                                                 
                                                                                                                                
MS.  ANDERSON, in  response  to Chair  Ramras,  offered that  the                                                               
change proposed in Amendment 1  would place all of the exceptions                                                               
for a  lobbyist in one  provision of statutes for  easier access.                                                               
She explained that AS  24.60.030(a)(2)(K) and AS 24.60.080(c)(10)                                                               
currently  contain  the  language  to allow  contributions  to  a                                                               
charity event  from an person  at any  time, such that  it allows                                                               
for the  Fahrenkamp Classic to  be held.   She noted that  all of                                                               
the changes contained in the Amendment  1 are existing law.  This                                                               
amendment would place them in  the appropriate section of statute                                                               
for easier access.                                                                                                              
                                                                                                                                
REPRESENTATIVE  HOLMES removed  her  objection.   There being  no                                                               
further objection, Amendment 1 was adopted.                                                                                     
                                                                                                                                
3:12:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  made  a  motion  to  adopt  Conceptual                                                               
Amendment  2,   which  was  handwritten,  as   follows  [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     Page  5,  line 3,  add  the  following sentence:    "In                                                                    
     addition  to  any fine  that  may  be imposed,  if  the                                                                    
     committee finds  that the late  filing was  willful, it                                                                    
     may issue a private or public reprimand."                                                                                  
                                                                                                                                
Representative Gruenberg  opined that  the committee  should also                                                               
have the authority,  in addition to any fine  imposed should have                                                               
the ability to issue a private  or public reprimand.  He conveyed                                                               
that a private reprimand, similar  to the ABA rules, means simply                                                               
a letter  to the  person involved.   However, a  public reprimand                                                               
would  be same  as it  is for  the ABA,  that a  notice would  be                                                               
placed  in   the  newspaper.     He   offered,  in   response  to                                                               
Representative Coghill's comments, that it  seems to him that the                                                               
person's reputation  is important,  that the Select  Committee on                                                               
Legislative  Ethics would  not invoke  this  provision often  and                                                               
only in  egregious cases.   However, he stressed his  belief that                                                               
the  Select  Committee  on Legislative  Ethics  should  have  the                                                               
authority to do so.                                                                                                             
                                                                                                                                
REPRESENTATIVE COGHILL objected.                                                                                                
                                                                                                                                
CHAIR RAMRAS made a motion to  adopt an amendment to Amendment 2,                                                               
as  follows, to  authorize  the Select  Committee on  Legislative                                                               
Ethics to impose corporal punishment  on any member that does not                                                               
file its paperwork in a timely fashion.                                                                                         
                                                                                                                                
CHAIR RAMRAS pointed  out that his sarcasm is  intended to convey                                                               
his sense  that corporal punishment  is equally  inappropriate as                                                               
any  committee,  such  as  the   Ethics  Committee,  holding  the                                                               
authority to impose public disciplinary sanctions to this body.                                                                 
                                                                                                                                
REPRESENTATIVE GRUENBERG withdrew Amendment 2.                                                                                  
                                                                                                                                
3:15:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DAHLSTROM moved  to report the proposed  CS for HB
368,  labeled 25-LS1326\O,  Wayne,  3/20/08, as  amended, out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.   There  being  no  objection, CSHB  368(JUD)  was                                                               
reported from the House Judiciary Standing Committee.                                                                           
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Judiciary Standing Committee meeting was adjourned at 3:16 p.m.                                                                 

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