Legislature(2009 - 2010)CAPITOL 120

04/07/2010 01:00 PM House JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Meeting Postponed to 1:15 pm Today --
+ SB 284 CAMPAIGN EXPENDITURES TELECONFERENCED
Heard & Held
+ SB 110 PRESERVATION OF EVIDENCE/DNA I.D. SYSTEM TELECONFERENCED
Moved HCS CSSB 110(JUD) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                         April 7, 2010                                                                                          
                           1:25 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Jay Ramras, Chair                                                                                                
Representative Carl Gatto                                                                                                       
Representative Bob Herron                                                                                                       
Representative Bob Lynn                                                                                                         
Representative Max Gruenberg                                                                                                    
Representative Lindsey Holmes                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Nancy Dahlstrom, Vice Chair                                                                                      
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 110(FIN)                                                                               
"An Act relating  to the preservation of evidence and  to the DNA                                                               
identification system."                                                                                                         
                                                                                                                                
     - MOVED HCS CSSB 110(JUD) OUT OF COMMITTEE; ADOPTED A HOUSE                                                                
       CONCURRENT RESOLUTION ALLOWING THE TITLE CHANGE                                                                          
                                                                                                                                
COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 284(FIN)                                                                               
"An Act relating  to state election campaigns, the  duties of the                                                               
Alaska Public  Offices Commission,  the reporting  and disclosure                                                               
of  expenditures  and  independent expenditures,  the  filing  of                                                               
reports,  and the  identification  of  certain communications  in                                                               
state   election   campaigns;    prohibiting   expenditures   and                                                               
contributions  by  foreign  nationals  in  state  elections;  and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 110                                                                                                                  
SHORT TITLE: PRESERVATION OF EVIDENCE/DNA I.D. SYSTEM                                                                           
SPONSOR(S): SENATOR(S) FRENCH                                                                                                   
                                                                                                                                
02/17/09       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/17/09       (S)       JUD, FIN                                                                                               
02/25/09       (S)       JUD AT 1:30 PM BELTZ 211                                                                               
02/25/09       (S)       Heard & Held                                                                                           
02/25/09       (S)       MINUTE(JUD)                                                                                            
03/20/09       (S)       JUD AT 1:30 PM BELTZ 211                                                                               
03/20/09       (S)       -- MEETING CANCELED --                                                                                 
04/01/09       (S)       JUD AT 1:30 PM BELTZ 211                                                                               
04/01/09       (S)       -- MEETING CANCELED --                                                                                 
04/06/09       (S)       JUD AT 1:30 PM BELTZ 211                                                                               
04/06/09       (S)       Moved CSSB 110(JUD) Out of Committee                                                                   
04/06/09       (S)       MINUTE(JUD)                                                                                            
04/07/09       (S)       JUD RPT CS  1DP 3NR  NEW TITLE                                                                         
04/07/09       (S)       DP: FRENCH                                                                                             
04/07/09       (S)       NR: THERRIAULT, WIELECHOWSKI, MCGUIRE                                                                  
04/13/09       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
04/13/09       (S)       Heard & Held                                                                                           
04/13/09       (S)       MINUTE(FIN)                                                                                            
03/12/10       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
03/12/10       (S)       Moved CSSB 110(FIN) Out of Committee                                                                   
03/12/10       (S)       MINUTE(FIN)                                                                                            
03/15/10       (S)       FIN RPT CS  5DP 2NR  NEW TITLE                                                                         
03/15/10       (S)       DP: HOFFMAN, STEDMAN, THOMAS, EGAN,                                                                    
                         ELLIS                                                                                                  
03/15/10       (S)       NR: HUGGINS, OLSON                                                                                     
03/17/10       (S)       TRANSMITTED TO (H)                                                                                     
03/17/10       (S)       VERSION: CSSB 110(FIN)                                                                                 
03/19/10       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/19/10       (H)       JUD, FIN                                                                                               
04/07/10       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: SB 284                                                                                                                  
SHORT TITLE: CAMPAIGN EXPENDITURES                                                                                              
SPONSOR(S): JUDICIARY                                                                                                           
                                                                                                                                
02/19/10       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/19/10       (S)       STA, JUD                                                                                               
03/02/10       (S)       STA AT 9:00 AM BELTZ 105 (TSBldg)                                                                      
03/02/10       (S)       Moved SB 284 Out of Committee                                                                          
03/02/10       (S)       MINUTE(STA)                                                                                            
03/02/10       (S)       STA RPT  5DP                                                                                           
03/02/10       (S)       DP: MENARD, FRENCH, MEYER, PASKVAN,                                                                    
                         KOOKESH                                                                                                
03/02/10       (S)       FIN REFERRAL ADDED AFTER JUD                                                                           
03/08/10       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/08/10       (S)       Heard & Held                                                                                           
03/08/10       (S)       MINUTE(JUD)                                                                                            
03/12/10       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/12/10       (S)       Heard & Held                                                                                           
03/12/10       (S)       MINUTE(JUD)                                                                                            
03/15/10       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/15/10       (S)       Heard & Held                                                                                           
03/15/10       (S)       MINUTE(JUD)                                                                                            
03/17/10       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/17/10       (S)       Moved CSSB 284(JUD) Out of Committee                                                                   
03/17/10       (S)       MINUTE(JUD)                                                                                            
03/18/10       (S)       JUD RPT CS  3DP 1AM  NEW TITLE                                                                         
03/18/10       (S)       DP: FRENCH, WIELECHOWSKI, MCGUIRE                                                                      
03/18/10       (S)       AM: COGHILL                                                                                            
03/23/10       (S)       FIN AT 1:30 PM SENATE FINANCE 532                                                                      
03/23/10       (S)       Heard & Held                                                                                           
03/23/10       (S)       MINUTE(FIN)                                                                                            
03/29/10       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
03/29/10       (S)       Moved CSSB 284(FIN) Out of Committee                                                                   
03/29/10       (S)       MINUTE(FIN)                                                                                            
03/29/10       (S)       FIN RPT CS 4DP 1NR   NEW TITLE                                                                         
03/29/10       (S)       DP: HOFFMAN, STEDMAN, THOMAS, EGAN                                                                     
03/29/10       (S)       NR: HUGGINS                                                                                            
04/01/10       (S)       TRANSMITTED TO (H)                                                                                     
04/01/10       (S)       VERSION: CSSB 284(FIN)                                                                                 
04/05/10       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/05/10       (H)       JUD, FIN                                                                                               
04/07/10       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
SENATOR HOLLIS FRENCH                                                                                                           
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  As sponsor, introduced SB 110.                                                                           
                                                                                                                                
WILLIAM OBERLY, Executive Director                                                                                              
Alaska Innocence Project                                                                                                        
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified during the hearing on SB 110.                                                                  
                                                                                                                                
JEFFERY MITTMAN                                                                                                                 
Alaska Civil Liberties Union (ACLU) of Alaska                                                                                   
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of SB 110.                                                                          
                                                                                                                                
SENATOR HOLLIS FRENCH                                                                                                           
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified as chair of the Senate Judiciary                                                               
Standing Committee, sponsor of SB 284.                                                                                          
                                                                                                                                
SCOTT SMITH, Legislative Liaison                                                                                                
Alaska Broadcasting Association                                                                                                 
Anchorage, Alaska;                                                                                                              
Co-owner                                                                                                                        
KBOK/KRXX Radio                                                                                                                 
Kodiak, Alaska                                                                                                                  
POSITION STATEMENT:  Testified on behalf of ABA and on behalf of                                                              
himself during the hearing on SB 284.                                                                                           
                                                                                                                                
JOHN PTACIN, Assistant Attorney General                                                                                         
Labor and State Affairs Section                                                                                                 
Civil Division (Anchorage)                                                                                                      
Department of Law (DOL)                                                                                                         
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Responded to questions during discussion of                                                              
SB 284.                                                                                                                         
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:25:07 PM                                                                                                                    
                                                                                                                                
CHAIR JAY RAMRAS called the House Judiciary Standing Committee                                                                
meeting to order at 1:25 p.m.  Representatives Ramras, Herron,                                                                  
Gatto,   and  Lynn   were   present  at   the   call  to   order.                                                               
Representatives Gruenberg  and Holmes arrived as  the meeting was                                                               
in progress.                                                                                                                    
                                                                                                                                
       SB 110 - PRESERVATION OF EVIDENCE/DNA I.D. SYSTEM                                                                    
                                                                                                                                
[Contains discussion  of some  of the provisions  of HB  316, and                                                               
mention that  aspects of HB 316  have been added to  Version M of                                                               
SB 110.]                                                                                                                        
                                                                                                                                
1:25:17 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced that the  first order of business would be                                                               
CS  FOR  SENATE  BILL  NO.  110(FIN), "An  Act  relating  to  the                                                               
preservation of evidence and to the DNA identification system."                                                                 
                                                                                                                                
1:28:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HERRON   moved  to   adopt  the   proposed  House                                                               
committee  substitute  (HCS)  for   CSSB  110(FIN),  Version  26-                                                               
LS0560|M, Luckhaupt, 4/7/10, as the work draft.                                                                                 
                                                                                                                                
REPRESENTATIVE GRUENBERG objected for  the purpose of discussion.                                                               
He then removed his objection.                                                                                                  
                                                                                                                                
CHAIR  RAMRAS,  after ascertaining  that  there  were no  further                                                               
objections, announced that Version M was before the committee.                                                                  
                                                                                                                                
1:29:08 PM                                                                                                                    
                                                                                                                                
SENATOR HOLLIS  FRENCH, Alaska State  Legislature, as  sponsor of                                                               
SB 110, explained  that a vast majority of the  provisions in the                                                               
bill are  also in HB 316,  which is sponsored by  the House Rules                                                               
Standing  Committee  by request  of  the  governor and  addresses                                                               
evidence preservation  and post conviction  deoxyribonucleic acid                                                               
(DNA)  procedures.   He  said  SB 110  was  filed  last year  and                                                               
received   the   support   of   interested   parties,   including                                                               
Representative Stoltze, the Department  of Law, the Department of                                                               
Public Safety, the [Alaska] Association  of Chiefs of Police, the                                                               
[Alaska] Innocence Project, and  the Alaska Civil Liberties Union                                                               
(ACLU).   He  relayed  that  SB 110  was  originally an  evidence                                                               
preservation bill,  but has had  added to it the  post conviction                                                               
DNA aspects of HB 316.                                                                                                          
                                                                                                                                
SENATOR  FRENCH, regarding  the preservation  of evidence,  noted                                                               
that  while SB  110 requires  evidence to  be preserved  "for the                                                               
period of time that the  crime remains unsolved", Version M adds,                                                               
"or 50 years  whichever ends first".  He related  that that is on                                                               
page 2, line 30.                                                                                                                
                                                                                                                                
REPRESENTATIVE  GRUENBERG   expressed  concern  that  if   a  law                                                               
enforcement officer or prosecutor did  not want to save evidence,                                                               
under the  proposed legislation,  he/she could declare  the crime                                                               
solved  and  dispose of  that  evidence.    He said  the  related                                                               
language in  CSHB 316(JUD), Version26-GH2812\R,  on page  2, line                                                               
25, through page 3, line 13,  is more specific, and that language                                                               
read as follows:                                                                                                                
                                                                                                                                
               Sec. 12.36.200. Preservation of evidence.                                                                      
     (a) Except  as otherwise  provided in this  section and                                                                    
     notwithstanding  AS 12.36.010  -  12.36.090, an  agency                                                                    
     shall preserve                                                                                                             
                    (1) evidence that is obtained in                                                                            
     relation  to  an  investigation  and  relevant  to  the                                                                    
     prosecution of a crime under  AS 11.41.100 - 11.41.130,                                                                    
     11.41.410, or 11.41.434 for the following periods:                                                                         
                         (A) 18 months after the entry of a                                                                     
     judgment of conviction of the crime;                                                                                       
                         (B) if the conviction for the                                                                          
     crime is appealed, one year  after the judgment becomes                                                                    
     final by the conclusion of direct review; or                                                                               
                         (C) if a timely application for                                                                        
     post-conviction  relief  is  filed within  the  periods                                                                    
     stated in (A) and (B)  of this paragraph, the date that                                                                    
     a judgment  dismissing or  denying the  application for                                                                    
     post-conviction review becomes final;                                                                                      
                                                                                                                                
                    (2) biological material, contained in                                                                       
     or found on evidence,  relevant to an investigation and                                                                    
     prosecution of a person convicted  of a felony under AS                                                                    
     11.41, until  the person is  unconditionally discharged                                                                    
     for the crime, until the  person is not longer required                                                                    
     to register as a sex  offender, or until the periods of                                                                    
     time provided  in (1) of this  subsection have expired,                                                                    
     whichever  is  longest;  biological  material  must  be                                                                    
     preserved in an amount an  manner that is sufficient to                                                                    
     develop  a DNA  profile under  technology available  at                                                                    
     the time that the biological material is preserved.                                                                        
                                                                                                                                
REPRESENTATIVE  GRUENBERG said  he  likes the  50-year aspect  of                                                               
Version M,  but reiterated his  concern that someone  could throw                                                               
out the  evidence and declare  the investigation over.   He asked                                                               
Senator French if  he would consider adding the  language from HB
316.                                                                                                                            
                                                                                                                                
SENATOR  FRENCH indicated  that he  would prefer  not to  include                                                               
that language,  noting that language  on page 3,  subsection (d),                                                               
beginning   on   line   22,   contains   the   protections   that                                                               
Representative Gruenberg is seeking.                                                                                            
                                                                                                                                
1:36:03 PM                                                                                                                    
                                                                                                                                
SENATOR FRENCH noted  that while both bills set up  a task force,                                                               
as shown  on page  14, line  12, Version M  would add  the Alaska                                                               
Native Justice Center to that task  force.  He told the committee                                                               
that his  intent was  to add return  of property  provisions that                                                               
Senator Dyson  and others  have been working  on over  the years;                                                               
however, that language did not make it into Version M.                                                                          
                                                                                                                                
CHAIR RAMRAS inquired of his staff  whether that is an issue that                                                               
is included in an upcoming amendment.  [No answer is audible.]                                                                  
                                                                                                                                
1:40:14 PM                                                                                                                    
                                                                                                                                
WILLIAM  OBERLY, Executive  Director,  Alaska Innocence  Project,                                                               
testified that  SB 110 is  the product of  the hard work  of many                                                               
interested parties,  but with compromise  made by everybody.   He                                                               
expressed  his  hope  that  evidence   from  old  cases  that  is                                                               
currently in the  possession of law enforcement  agencies will be                                                               
retained until  after the task  force makes its  report regarding                                                               
the most appropriate processes for evidence retention.                                                                          
                                                                                                                                
1:41:50 PM                                                                                                                    
                                                                                                                                
JEFFERY MITTMAN,  Alaska Civil Liberties Union  (ACLU) of Alaska,                                                               
stated, "We  join in  the comments of  the Innocence  Project and                                                               
also support this bill."                                                                                                        
                                                                                                                                
1:42:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG restated  his previous concern regarding                                                               
preserving evidence.                                                                                                            
                                                                                                                                
SENATOR   FRENCH,  in   response  to   Representative  Gruenberg,                                                               
explained that  under Version  M, no  biological evidence  may be                                                               
destroyed  until the  individual  convicted  with that  evidence,                                                               
his/her attorney,  the public defender  agency, and  the district                                                               
attorney are notified.                                                                                                          
                                                                                                                                
CHAIR RAMRAS noted  that that language appears  in subsection (d)                                                               
on page 3, line 22, through page 4, line 10.                                                                                    
                                                                                                                                
SENATOR FRENCH said he  thinks Representative Gruenberg's concern                                                               
that someone  would throw out  evidence would be alleviated  to a                                                               
large degree by the provisions of  subsection (d).  He added that                                                               
the  task  force, which  would  be  created  by the  bill,  would                                                               
address  many of  these concerns  and  "bring to  these issues  a                                                               
collective wisdom of a broad  array of criminal justice experts."                                                               
He stated his assumption that  that task force would then present                                                               
any concerns found in the bill to the legislature.                                                                              
                                                                                                                                
1:45:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG concurred  with  respect to  biological                                                               
evidence.  However,  he observed that the  language in [paragraph                                                               
(1)],  on  page 2,  lines  28-30,  of  Version M,  involves  non-                                                               
biological evidence.   He then offered his  understanding that in                                                               
HB 316,  language regarding non-biological  evidence is  found on                                                               
page  2,  line 25,  through  page  3,  line [6],  while  language                                                               
regarding  biological evidence  is found  on page  3, lines  7-13                                                               
[text provided previously].                                                                                                     
                                                                                                                                
CHAIR RAMRAS  offered his  understanding that  the main  focus of                                                               
the bill is on domestic violence and sexual assault.                                                                            
                                                                                                                                
REPRESENTATIVE  GRUENBERG pointed  out, however,  that the  bills                                                               
address both  biological and non-biological  evidence.   He asked                                                               
if there  would be any  "fall-out" between present time  and when                                                               
the task force issues its report.                                                                                               
                                                                                                                                
1:47:08 PM                                                                                                                    
                                                                                                                                
SENATOR  FRENCH  related  that  during his  six  years  as  state                                                               
prosecutor,  he  was unaware  of  anyone  summarily disposing  of                                                               
evidence for any reason, and he  said he would be stunned if that                                                               
were to occur between now and  the time the task force comes back                                                               
with its report.                                                                                                                
                                                                                                                                
1:47:47 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS expressed satisfaction  with the discussion that has                                                               
transpired between  the Office of  the Attorney  General, Senator                                                               
French's office and his own office.                                                                                             
                                                                                                                                
REPRESENTATIVE  GRUENBERG inquired  whether  anyone  else on  the                                                               
committee  would  like  the  issue  pursued  further.    [No  one                                                               
commented.]                                                                                                                     
                                                                                                                                
1:48:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTO  referred to the language  beginning on page                                                               
3,  line 22,  which says  that  "An agency  required to  preserve                                                               
biological  evidence  under  (a)  of  this  section  may  destroy                                                               
biological evidence before  the expiration of the  time period in                                                               
(a)(2) of this section" if  the agency mails a certified delivery                                                               
of  notice  to  certain  people,  [as  previously  referenced  by                                                               
Senator French].   He  indicated that mailing  a notice  does not                                                               
guarantee that the notice is received.                                                                                          
                                                                                                                                
1:49:07 PM                                                                                                                    
                                                                                                                                
SENATOR   FRENCH  offered   his  understanding   that  the   term                                                               
"certified  delivery  notice"  would  mean that  the  person  who                                                               
receives  the  notice  would  [sign for  it].    Furthermore,  he                                                               
highlighted the  language on  page 4, lines  6-10, which  read as                                                               
follows:                                                                                                                        
                                                                                                                                
            (3) no person who is notified under (2)                                                                             
      of this subsection, within 120 days after receiving                                                                       
     the notice,                                                                                                                
               (A) files a motion for testing of                                                                                
     the evidence; or                                                                                                           
               (B) submits a written request for                                                                                
     continued preservation of the evidence.                                                                                    
                                                                                                                                
1:49:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTO  pointed out, though,  that the key  word is                                                               
"mails".  He opined that it  does not matter if the address turns                                                               
out to be  wrong or the person  is not able to  read English, for                                                               
example.   He stated his belief  that that does not  constitute a                                                               
significant  notification.   He  surmised  that  the goal  is  to                                                               
ensure that the notification has been received by a recipient.                                                                  
                                                                                                                                
1:50:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HERRON  recalled that this issue  has been visited                                                               
in  previous hearings,  during which  a conceptual  amendment had                                                               
been adopted  to require acknowledgment  of receipt, so  that the                                                               
sender knows  that the intended  recipient actually  received the                                                               
missive.                                                                                                                        
                                                                                                                                
SENATOR  FRENCH  asked if  [Representative  Gatto]  would like  a                                                               
requirement for "return proof of delivery."                                                                                     
                                                                                                                                
REPRESENTATIVE  GATTO  said  he  would  like  a  requirement  for                                                               
"return receipt requested".                                                                                                     
                                                                                                                                
CHAIR RAMRAS  asked Senator French  if he finds  that suggestions                                                               
acceptable.                                                                                                                     
                                                                                                                                
SENATOR FRENCH responded, "That's seems reasonable to me."                                                                      
                                                                                                                                
1:51:37 PM                                                                                                                    
                                                                                                                                
SENATOR FRENCH covered  changes that were made to HB  316 [in the                                                               
second part of  SB 110], with the acquiescence  of the Department                                                               
of  Law.   He noted  that  language requiring  applicants to  pay                                                               
costs  of  evidence  retrievable  has  been  deleted.    He  said                                                               
timeliness provisions, which  are in two parts of  the bill, have                                                               
been changed.  The most significant  change, he noted, is on page                                                               
15, lines  4-6.  He said  the issue is regarding  which prisoners                                                               
now in  prison can  ask for new  testing of DNA.   Under  SB 110,                                                               
prisoners would  have 10 years from  the day the bill  would pass                                                               
to  bring forth  a  challenge.   The  federal  law provides  that                                                               
people currently in prison have  an unlimited amount of time, and                                                               
SB 110 would be more stringent.                                                                                                 
                                                                                                                                
1:53:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG said  he is still troubled  by the issue                                                               
he  raised  previously  - that  someone  could  destroy  evidence                                                               
prematurely.                                                                                                                    
                                                                                                                                
SENATOR FRENCH said that the  intentional destruction of evidence                                                               
would "put someone in the crosshairs of a prosecution."                                                                         
                                                                                                                                
REPRESENTATIVE   GRUENBERG   pointed   out,  though,   that   the                                                               
prosecution  could say,  "We're  permitted to  do  it under  this                                                               
law."                                                                                                                           
                                                                                                                                
SENATOR FRENCH stated that he does not share that concern.                                                                      
                                                                                                                                
1:55:21 PM                                                                                                                    
                                                                                                                                
SENATOR FRENCH  directed attention to  language on page  7, lines                                                               
10-14,  which  he  said  addresses  the level  of  guilt  that  a                                                               
defendant can have  admitted to and still get a  DNA test done in                                                               
the future, and which read as follows:                                                                                          
                                                                                                                                
     (C) the applicant did not  admit or concede guilt under                                                                    
     oath  in an  official proceeding  for the  offense that                                                                    
     was the  basis of the  conviction or a  lesser included                                                                    
     offense  except  that  the court  in  the  interest  of                                                                    
     justice may waive this requirement.                                                                                        
                                                                                                                                
SENATOR  FRENCH   offered  his   understanding  that   the  House                                                               
Judiciary Standing  Committee agreed that  the entry of  a guilty                                                               
or a  nolo contendere  plea is  not an admission  of guilt.   The                                                               
Department  of  Law  agrees  to  that,  he  noted.    He  said  a                                                               
conceptual amendment  is needed so  that the language on  page 7,                                                               
beginning on  line 31, parallels  the aforementioned  language on                                                               
lines  10-14.                                                                                                                   
                                                                                                                                
SENATOR  FRENCH said  the next  provision  is a  deletion of  the                                                               
requirement  for  an  attorney  affidavit.    He  indicated  that                                                               
locating the  attorney who worked  on a particular case  could be                                                               
difficult.   He  mentioned  another provision  that was  deleted,                                                               
which  he indicated  had  to  do with  a  requirement related  to                                                               
evidence  sought to  be  tested as  part  of the  investigational                                                               
prosecution.  Senator French directed  attention to page 8, lines                                                               
22-27, which read as follows:                                                                                                   
                                                                                                                                
              (9) the proposed DNA testing of the                                                                               
      specific evidence may produce new material evidence                                                                       
     that would                                                                                                                 
               (A) support the theory of defense                                                                                
     described in (7) of this section; and                                                                                      
               (B) raise a reasonable probability                                                                               
     that the applicant did not commit the offense;                                                                             
                                                                                                                                
SENATOR FRENCH  said the federal  DNA testing bill was  leaned on                                                               
heavily as the gold standard when  drafting SB 110.  He said when                                                               
he found that  the federal bill was passed by  a Republican House                                                               
and Senate  and signed by President  George W. Bush, it  gave him                                                               
confidence that  the bill was not  "leaning too far in  the wrong                                                               
direction."                                                                                                                     
                                                                                                                                
1:58:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTO  referred back  to language  in subparagraph                                                               
(C),  on page  7,  lines 10-14  [text  previously provided],  and                                                               
asked the bill  sponsor to explain how a person  could say he/she                                                               
is guilty, without that being an acceptable guilty plea.                                                                        
                                                                                                                                
SENATOR  FRENCH,  regarding  "the  entry  of  a  guilty  or  nolo                                                               
contendere  plea", said  innocent people  plead guilty  with some                                                               
regularity  - for  example,  to  take the  fall  for a  relative,                                                               
because  he/she  does  not  understand  the  system,  or  doesn't                                                               
understand  English -  and  this language  is  trying to  prevent                                                               
that.                                                                                                                           
                                                                                                                                
1:59:54 PM                                                                                                                    
                                                                                                                                
CHAIR  RAMRAS, after  ascertaining  that no  one  else wished  to                                                               
testify, closed public testimony on SB 110.                                                                                     
                                                                                                                                
2:00:35 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS  moved to  adopt Conceptual  Amendment 1,  such that                                                               
"standards  for return  of property"  is added  to duties  of the                                                               
task force on page 14, line 1.                                                                                                  
                                                                                                                                
REPRESENTATIVE HOLMES objected for the purpose of discussion.                                                                   
                                                                                                                                
REPRESENTATIVE GRUENBERG  suggested that language  should instead                                                               
be added to subsection (d), on page 14, lines 23-27.                                                                            
                                                                                                                                
The committee took a brief at-ease at 2:01 p.m.                                                                                 
                                                                                                                                
2:02:15 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS  withdrew his motion  to adopt  Conceptual Amendment                                                               
1.                                                                                                                              
                                                                                                                                
CHAIR RAMRAS moved  to adopt Conceptual Amendment 2,  on page 14,                                                               
line  27, following  paragraph (2),  to insert  a paragraph  (3),                                                               
such that "standards  for return of property" is  added to duties                                                               
of  the  task  force.    There  being  no  objection,  Conceptual                                                               
Amendment 2 was adopted.                                                                                                        
                                                                                                                                
2:03:00 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS  moved to adopt  Conceptual Amendment 3,  to conform                                                               
the language  on page 7,  line 31, through  page 8, line  3, with                                                               
the language on page 7, lines 10-14.                                                                                            
                                                                                                                                
REPRESENTATIVE HOLMES objected for purposes of discussion.                                                                      
                                                                                                                                
2:04:32 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
2:05:08 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS withdrew Conceptual Amendment 3.                                                                                   
                                                                                                                                
2:05:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOLMES moved to adopt Conceptual Amendment 4, as                                                                 
follows:                                                                                                                        
                                                                                                                                
     Page 7, line 31, through page 8, line 3:                                                                                   
          Delete all material                                                                                                   
          Insert "(3) the applicant did not admit or                                                                            
     concede guilt under oath in  an official proceeding for                                                                    
     the offense that  was the basis of the  conviction or a                                                                    
     lesser included  offense, except that the  court in the                                                                    
     interest  of justice  may waive  this requirement;  for                                                                    
     the  purposes  of this  subparagraph,  the  entry of  a                                                                    
     guilty or nolo  contendere plea is not  an admission or                                                                    
     concession of guilt;"                                                                                                      
                                                                                                                                
CHAIR RAMRAS asked if there was any objection to Conceptual                                                                     
Amendment 4.  There being no objection, it was so ordered.                                                                      
                                                                                                                                
2:06:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTO  moved to adopt  Conceptual Amendment  5, on                                                               
page 3, line  27, such that the words  "return receipt requested"                                                               
would be added  where the bill drafter thinks it  belongs.  There                                                               
being no objection, Conceptual Amendment 5 was adopted.                                                                         
                                                                                                                                
2:06:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HERRON moved to report the proposed House                                                                        
committee substitute (HCS) for CSSB 110(FIN), Version 26-                                                                       
LS0560\M, Luckhaupt,  4/7/10, as  amended, out of  committee with                                                               
individual  recommendations and  the  accompanying fiscal  notes.                                                               
There being  no objection,  HCS CSSB  110(JUD) was  reported from                                                               
the House Judiciary Standing Committee.                                                                                         
                                                                                                                                
2:07:31 PM                                                                                                                    
                                                                                                                                
CHAIR  RAMRAS  moved  to  adopt  the  proposed  House  Concurrent                                                               
Resolution,  Version 26-LS1644\A,  Luckhaupt, 4/6/10,  as a  work                                                               
draft.  There being no objection, it was so ordered.                                                                            
                                                                                                                                
CHAIR  RAMRAS [moved  to report]  the  proposed House  Concurrent                                                               
Resolution,  Version  26-LS1644\A,   Luckhaupt,  4/6/10,  out  of                                                               
committee  with  individual  recommendations.    There  being  no                                                               
objection, the  House Concurrent  Resolution [which  later became                                                               
HCR  25]   was  reported  from   the  House   Judiciary  Standing                                                               
Committee.                                                                                                                      
                                                                                                                                
The committee took an at-ease from 2:08 p.m. to 2:10 p.m.                                                                       
                                                                                                                                
                 SB 284 - CAMPAIGN EXPENDITURES                                                                             
                                                                                                                                
2:10:41 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced that the  final order of business would be                                                               
CS  FOR SENATE  BILL  NO.  284(FIN), "An  Act  relating to  state                                                               
election  campaigns,  the duties  of  the  Alaska Public  Offices                                                               
Commission,  the reporting  and  disclosure  of expenditures  and                                                               
independent  expenditures,   the  filing  of  reports,   and  the                                                               
identification  of  certain   communications  in  state  election                                                               
campaigns; prohibiting expenditures  and contributions by foreign                                                               
nationals  in state  elections;  and providing  for an  effective                                                               
date."                                                                                                                          
                                                                                                                                
CHAIR RAMRAS expressed an interest  in getting the bill right the                                                               
first time  to ensure that  he does not leave  behind legislation                                                               
that is ambiguous.                                                                                                              
                                                                                                                                
2:14:53 PM                                                                                                                    
                                                                                                                                
SENATOR HOLLIS FRENCH, Alaska State  Legislature, speaking as the                                                               
chair of the  Senate Judiciary Standing Committee,  sponsor of SB
284,  and  noting  that  members'  packets  include  a  sectional                                                               
analysis, explained that  Section 1 of SB 284  amends language to                                                               
clarify   that  the   chapter  applies   to  all   contributions,                                                               
expenditures,  and   communications  made  for  the   purpose  of                                                               
influencing  the outcome  of  an election;  that  Section 2  adds                                                               
language to clarify  that the commission will  assist all persons                                                               
to comply with  the requirements of AS 15.13; and  that Section 3                                                               
amends AS  15.13.040(d), to clarify  that every person  making an                                                               
independent  expenditure  must  make   a  full  report  of  those                                                               
expenditures,  unless  the person  is  exempt  from report.    He                                                               
reminded the  committee that "persons" includes  corporations and                                                               
labor unions.                                                                                                                   
                                                                                                                                
2:16:10 PM                                                                                                                    
                                                                                                                                
CHAIR  RAMRAS  asked  what  the   term  "exempt  from  reporting"                                                               
entails.                                                                                                                        
                                                                                                                                
SENATOR FRENCH  directed attention to  language on page  6, lines                                                               
14-25, which read as follows:                                                                                                   
                                                                                                                                
               Sec. 15.13.084. Prohibited expenditures. A                                                                     
     person may not make an expenditure                                                                                         
                    (1) anonymously, unless the expenditure                                                                     
     is                                                                                                                         
                         (A) paid for by an individual                                                                          
     acting independently  of any person [GROUP  OR NONGROUP                                                                
     ENTITY AND INDEPENDENTLY OF ANY OTHER INDIVIDUAL];                                                                         
                         (B) made to influence the outcome                                                                      
     of a ballot  proposition as that term is  defined by AS                                                                    
     15.13.065(c); and                                                                                                          
                         (C) made for                                                                                           
                              (i) a billboard or sign; or                                                                       
                              (ii) printed material, other                                                                      
     than  an advertisement  made in  a  newspaper or  other                                                                    
     periodical;                                                                                                                
                                                                                                                                
SENATOR FRENCH  offered his understanding  that this is  the only                                                               
category  of  expenditure  still  unreported and  allowed  to  be                                                               
anonymous under  state laws,  and it is  a "remnant"  the sponsor                                                               
chose not to address in SB 284.                                                                                                 
                                                                                                                                
SENATOR FRENCH, in  response to Chair Ramras, said  the bill does                                                               
not  affect  current laws  regarding  candidates;  however, if  a                                                               
person donates $50  to an independent expenditure  for or against                                                               
a candidate,  the person's  name and the  amount donated  will be                                                               
reported to the Alaska Public Offices Commission (APOC).                                                                        
                                                                                                                                
CHAIR RAMRAS said  he would be offering an amendment  so that the                                                               
same rules that  apply to candidates would apply  to the proposed                                                               
bill.    He indicated  that  language  on  page 3,  lines  16-20,                                                               
addresses this issue.                                                                                                           
                                                                                                                                
2:19:14 PM                                                                                                                    
                                                                                                                                
SENATOR FRENCH  noted that that  is Section 4, and  he emphasized                                                               
that  Section  5 does  not  pertain  to  candidates; there  is  a                                                               
separate  reporting  section  in  AS 15.13.040  that  covers  the                                                               
reports made by  candidates.  Section 4 pertains  to groups, non-                                                               
group entities, labor unions, and corporations, he said.                                                                        
                                                                                                                                
CHAIR RAMRAS cited  paragraph (5), on page 3,  lines 16-20, which                                                               
read as follows:                                                                                                                
                                                                                                                                
                    (5) the aggregate amount of all                                                                         
     contributions  made  to the  person,  if  any, for  the                                                                
     purpose of influencing the outcome  of an election; for                                                                
     all  contributions to  the person  that exceed  $100 in                                                                
     the aggregate in  a year, the date  of the contribution                                                                
     and amount  contributed by each contributor;  and for a                                                                
     contributor                                                                                                            
                                                                                                                                
CHAIR RAMRAS  concluded that  that means there  would be  no APOC                                                               
record for  anyone who  gives under $100.   He  expressed concern                                                               
that that could lead to  the aggregation of many small donations,                                                               
resulting in  "an amorphous entity  that is spending money."   He                                                               
said that  seems to defeat  some of the  "more sledgehammer-like"                                                               
provisions of SB 284.                                                                                                           
                                                                                                                                
2:21:38 PM                                                                                                                    
                                                                                                                                
SENATOR FRENCH  explained that  Section 5  amends language  in AS                                                               
15.13.040(h), to  clarify that the  reporting requirements  of AS                                                               
15.13.040(d)  do not  apply  to an  expenditure  made by  certain                                                               
individuals  acting independently  of  every  other person;  that                                                               
[Section 6] amends  AS 15.13.040(p) to clarify that  a person who                                                               
is required to disclose contributions  received by that person in                                                               
an  expenditure  report  must  report  the  true  source  of  the                                                               
contributions as  the contributor;  and that [Section  7] defines                                                               
director  and officer  for the  purposes of  AS 15.13.040(e),  as                                                               
that subsection is amended [by the bill].                                                                                       
                                                                                                                                
2:23:04 PM                                                                                                                    
                                                                                                                                
SENATOR  FRENCH,  in  response  to questions  from  Chair  Ramras                                                               
pertaining to Section 5, concurred  that the language refers to a                                                               
single individual  with a  single issue,  and explained  that the                                                               
$500 limit  in a calendar  year applies to billboards,  signs, or                                                               
printed material concerning a ballot proposition.                                                                               
                                                                                                                                
2:25:03 PM                                                                                                                    
                                                                                                                                
SENATOR  FRENCH explained  that  Section 8  is  a provision  that                                                               
requires entities  to establish  a political  activities account.                                                               
Currently,  he said,  candidates  set up  these accounts  without                                                               
being required to do so, and the  bill sponsor chose to make it a                                                               
requirement now that  new entities will be taking  part in Alaska                                                               
elections, so  that their expenditures  can be  better monitored.                                                               
Senator French  explained that Section  9 amends AS  15.13.067 to                                                               
clarify who  may make an  expenditure that is not  an independent                                                               
expenditure in a state election for public office.                                                                              
                                                                                                                                
CHAIR  RAMRAS directed  attention to  language in  Section 8,  on                                                               
page 4, lines 29-31, which read as follows:                                                                                     
                                                                                                                                
                    (c) Each person who has established a                                                                       
     political activities  account under this  section shall                                                                    
     preserve  all  records  necessary to  substantiate  the                                                                    
       person's compliance with the requirements of this                                                                        
     section for each of the six preceding years.                                                                               
                                                                                                                                
CHAIR RAMRAS asked how long the records would be held.                                                                          
                                                                                                                                
SENATOR FRENCH answered six years.                                                                                              
                                                                                                                                
CHAIR RAMRAS asked the intent behind  such a long period of time.                                                               
He said he  does not mind the provision being  applied to unions,                                                               
corporations, or environmental groups,  but questioned holding to                                                               
the  same standard  persons who  have a  more narrow  focus.   He                                                               
explained, for  example, that  he doesn't want  a group  that has                                                               
raised  $50,000 in  order to  positively  influence a  government                                                               
obligation (GO)  bond, and  then is shut  down in  perpetuity, to                                                               
have to hold that information for 6 years.                                                                                      
                                                                                                                                
SENATOR FRENCH recommended that Mr. Ptasin address this issue.                                                                  
                                                                                                                                
2:29:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTO noted that the  language on page 4, line 22,                                                               
read, "nongroup  entity with an  annual operating budget  of $250                                                               
or less", and he asked if that should read "or more".                                                                           
                                                                                                                                
SENATOR FRENCH said  he questioned that language as  well, but he                                                               
deferred to Mr. Bullard or Mr. Ptasin for clarification.                                                                        
                                                                                                                                
2:30:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HERRON  asked for  confirmation that the  State of                                                               
Alaska and  a municipality cannot  advocate for the passage  of a                                                               
GO bond because both are considered  to be a person, according to                                                               
statute.                                                                                                                        
                                                                                                                                
SENATOR  FRENCH  responded  that   he  thinks  either  one  could                                                               
advocate for  a GO  bond, but questioned  whether they  can spend                                                               
public monies to do so.   In response to a follow-up question, he                                                               
said he  thinks it is  accurate to say  this is because  both are                                                               
considered to be a person under statute.                                                                                        
                                                                                                                                
2:31:02 PM                                                                                                                    
                                                                                                                                
SENATOR  FRENCH   returned  to   the  sectional  analysis.     He                                                               
acknowledged there has  been a lot of concern about  the new U.S.                                                               
Supreme  Court ruling  allowing not  only corporations,  but also                                                               
foreign  corporations and  foreign  nationals  to participate  in                                                               
elections in Alaska.  He  explained that Section 10 addresses the                                                               
issue of  foreign nationals  and is  drawn directly  from federal                                                               
law.   He maintained that it  is important to mirror  federal law                                                               
so the state  APOC can use the same blocking  provisions that the                                                               
FEC would use  should a foreign national begin to  spend money in                                                               
the state's elections.                                                                                                          
                                                                                                                                
CHAIR RAMRAS asked how this  provision would affect those foreign                                                               
companies with American subsidiaries.                                                                                           
                                                                                                                                
2:32:26 PM                                                                                                                    
                                                                                                                                
SENATOR FRENCH  replied that  that issue  is best  exemplified in                                                               
[paragraph  (5)] of  Section 10.   He  explained that  Section 10                                                               
lists those  entities considered  to be  foreign nationals.   The                                                               
language of paragraph (5) is on  page 5, line 29, through page 6,                                                               
line 2, and read as follows:                                                                                                    
                                                                                                                                
                         (5) a domestic subsidiary of an                                                                        
     entity described in  (2) - (4) of this  subsection or a                                                                    
     domestic corporation controlled  by an entity described                                                                    
     in  (2)  -  (4)  of this  subsection,  if  that  entity                                                                    
     finances,  participates in,  or  selects  a person  who                                                                    
     participates  in the  making  of a  contribution or  an                                                                    
     expenditure  of  the  domestic subsidiary  or  domestic                                                                    
     corporation.                                                                                                               
                                                                                                                                
SENATOR FRENCH said the issue is  the degree to which the foreign                                                               
company is controlling the subsidiary.                                                                                          
                                                                                                                                
2:34:05 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS  said although  he does  not know  who pays  for the                                                               
advertising  for  the Pebble  Mine  partnership,  it is  apparent                                                               
through discussions  with the three producers  that the decisions                                                               
are made  by a higher  authority - "the  mother ship."   He asked                                                               
how the standard would be set.                                                                                                  
                                                                                                                                
2:35:58 PM                                                                                                                    
                                                                                                                                
SENATOR  FRENCH surmised  that it  will always  be difficult  for                                                               
APOC  or any  other  entity  to prove  that  instruction for  the                                                               
placement of  the expenditure that  came from a  local subsidiary                                                               
was or was not ordered by a higher corporate force.                                                                             
                                                                                                                                
CHAIR  RAMRAS   expressed  concern   about  ambiguity   and  that                                                               
paragraph  (5) of  Section 10  may dampen  discourse rather  than                                                               
expand it.                                                                                                                      
                                                                                                                                
2:38:03 PM                                                                                                                    
                                                                                                                                
SENATOR  FRENCH  said  SB  284  engenders  philosophical  debates                                                               
regarding who participates.                                                                                                     
                                                                                                                                
2:38:19 PM                                                                                                                    
                                                                                                                                
SENATOR  FRENCH  explained  that  Section  11  provides  that  no                                                               
person, other than an individual  exempt from reporting, may make                                                               
an expenditure,  unless the  source of  the expenditure  has been                                                               
disclosed; Section 12 amends language  in AS 15.13.084 to clarify                                                               
that a person  may not make an expenditure  anonymously unless it                                                               
is made for certain communications,  as discussed previously; and                                                               
Section 13 expands  the communication identification requirements                                                               
of AS 15.13.090  to apply to communications made  by all persons,                                                               
and  additionally  requires  a person  other  than  a  candidate,                                                               
individual, or  political party to:   one, identify  the person's                                                               
principle  officer; two,  include a  statement from  that officer                                                               
approving the  communication; three,  provide the address  of the                                                               
person's  principle place  of business;  and  four, identify  the                                                               
person's five largest  contributors.  He offered  his belief that                                                               
Sections 13 and 14 would be  the topic of debate and amendment as                                                               
the bill goes forward.                                                                                                          
                                                                                                                                
REPRESENTATIVE  HERRON opined  that print  advertising should  be                                                               
distinguished   from  electronic,   visual,   and   audio.     He                                                               
recommended  that   in  advertisement  there  be   a  five-second                                                               
profound statement  for or against  an issue, which  clearly puts                                                               
forth who is making the statement.                                                                                              
                                                                                                                                
2:40:56 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS  noted that  when an  Alaska Gasline  Inducement Act                                                               
(AGIA) hearing  took place  in Fairbanks a  couple years  ago, he                                                               
assembled  17 businesses  that each  put in  $1,000 related  to a                                                               
rally  900 constituents  attended in  support of  getting natural                                                               
gas  to Fairbanks.    He  expressed his  desire  to preserve  the                                                               
opportunity for the public to participate and to be protected.                                                                  
                                                                                                                                
2:44:04 PM                                                                                                                    
                                                                                                                                
SENATOR   FRENCH  explained   that   Section   14  provides   how                                                               
communication identification  requirements must be met  in print,                                                               
video, and audio  advertising.  He noted  that the identification                                                               
requirement for radio and other audio  media [as shown on page 8,                                                               
lines 7-11],  is more succinct, in  order to fit within  the time                                                               
allotted in radio  advertising.  In response to  Chair Ramras, he                                                               
said he timed a radio  advertisement; however, the timing was not                                                               
the same  as it would be  under SB 284, because  the person doing                                                               
the voice-over included  the city, state, and  place of business.                                                               
He opined  that the listener would  be well-served to know  if an                                                               
entity  advertising   is  actually   backed  by  three   top  oil                                                               
companies.   In response to  Chair Ramras, he indicated  that the                                                               
identification portion  of the radio advertisement  was 10-12 out                                                               
of 30 seconds, which he said he finds acceptable.                                                                               
                                                                                                                                
CHAIR RAMRAS said that is not acceptable to him.                                                                                
                                                                                                                                
SENATOR  FRENCH explained  that Section  15 requires  expenditure                                                               
reports  to be  filed within  10  days of  the expenditure  being                                                               
made.   He offered  his understanding that  a related  House bill                                                               
"took a  stricter view of  that."   He explained that  Section 16                                                               
amends the  language of  AS 15.13.111(a)  to require  all persons                                                               
who  are required  to report  to preserve  certain records  for a                                                               
period  of  six  years;  Section  17  removes  language  from  AS                                                               
15.13.135 that  permitted only  individuals, groups,  or nongroup                                                               
entities   to  make   independent  expenditures   [supporting  or                                                               
opposing a candidate] and adds unions and corporations.                                                                         
                                                                                                                                
2:47:53 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS reiterated his concern  about entities that form for                                                               
one purpose and then disband.                                                                                                   
                                                                                                                                
SENATOR  FRENCH offered  his understanding  that  those types  of                                                               
entities would be a group entity  focused on doing a good work in                                                               
the  community without  making  a profit  or  existing past  that                                                               
effort.                                                                                                                         
                                                                                                                                
CHAIR RAMRAS  surmised that  the type  of group  he is  trying to                                                               
preserve and protect is included  in the language that is deleted                                                               
by Section 17.                                                                                                                  
                                                                                                                                
SENATOR  FRENCH  noted  that  the  terms  "group"  and  "nongroup                                                               
entity" are also  being deleted from Section 16, on  page 8, line                                                               
19, because "person" is all-encompassing  now so that everyone is                                                               
treated equally.                                                                                                                
                                                                                                                                
CHAIR RAMRAS expressed concern with  a one-size-fits-all plan and                                                               
what it  might do to  smaller entities  that are not  planning to                                                               
exist beyond  a certain  project, such  as the  aforementioned 17                                                               
contributors to the rally.                                                                                                      
                                                                                                                                
2:49:31 PM                                                                                                                    
                                                                                                                                
SENATOR FRENCH  pointed out  that in this  regard, the  bill does                                                               
not change existing  law; it just includes the new  players - the                                                               
corporations and  unions - into  the same provisions of  law that                                                               
existed before the U.S. Supreme Court decision.                                                                                 
                                                                                                                                
SENATOR  FRENCH  continued  with  the  sectional  analysis.    He                                                               
explained  that Section  [18] addresses  what will  happen if  an                                                               
entity  breaks  the  law,  and  replaces  "candidate,  group,  or                                                               
individual" with "person".  He  noted that campaign misconduct in                                                               
the second  degree is a Class  B misdemeanor.  He  explained that                                                               
Section 19  repeals AS  15.13.140(a), which  is a  provision that                                                               
provided that the  chapter should not be  interpreted to prohibit                                                               
a person from making independent  expenditure in support of or in                                                               
opposition to a  ballot propositional question.   He said Section                                                               
19  removes ambiguity.   Finally,  Senator French  explained that                                                               
Section 20 gives the Act an immediate effective date.                                                                           
                                                                                                                                
2:50:56 PM                                                                                                                    
                                                                                                                                
SENATOR FRENCH,  in response to Representative  Lynn, offered his                                                               
understanding   that  implicit   in  every   bill  passed   is  a                                                               
severability clause.                                                                                                            
                                                                                                                                
2:52:10 PM                                                                                                                    
                                                                                                                                
SCOTT   SMITH,    Legislative   Liaison,    Alaska   Broadcasting                                                               
Association; Co-owner,  KBOK/KRXX Radio, testifying on  behalf of                                                               
ABA and himself,  stated that all broadcasters  fully respect the                                                               
need  for transparency.    He expressed  his  chief concern  that                                                               
under  SB  284,  radio  stations would  become  crippled  in  the                                                               
process of  a long disclosure,  and clients would  decide against                                                               
advertising  via  radio.    He  related  an  instance  when  that                                                               
happened in the past.                                                                                                           
                                                                                                                                
MR. SMITH  said radio  stations tend to  sell commercials  in 30-                                                               
and  60-second units.   He  said he  created a  simulation of  an                                                               
advertisement  using  the  form   of  disclosure  that  would  be                                                               
required under SB 284, and  his professional disc jockey (DJ) was                                                               
able to  read the  disclosure in 13.5  seconds, which  would mean                                                               
nearly 50  percent of  a 30-second  commercial going  toward this                                                               
purpose.    He said  that  is  a  major portion  of  advertisers'                                                               
budgets  going  to disclose  who  they  are, which  could  really                                                               
discourage the smaller group, as  mentioned by Chair Ramras, from                                                               
advertising on air.                                                                                                             
                                                                                                                                
MR. SMITH,  in response to  Representative Gatto, said  the speed                                                               
at which he asked  his DJ to read when testing  the timing of the                                                               
disclosure was  "hard speed."   He said  hard speed is  clear and                                                               
audible, but not as fast as  a "lightening read."  In response to                                                               
a follow-up  question, he said  regulations require a DJ  to read                                                               
in a reasonable manner in order to be understood.                                                                               
                                                                                                                                
2:56:12 PM                                                                                                                    
                                                                                                                                
MR.  SMITH, in  response to  Representative K.  Holmes, estimated                                                               
that the  aforementioned test  run could have  been trimmed  to 9                                                               
seconds.   In  response to  Representative  Lynn, he  said it  is                                                               
impossible to guess  how much revenue may be lost  as a result of                                                               
people  not advertising  through  radio because  of the  proposed                                                               
disclosure requirement, but  he said the concern  is great enough                                                               
for him to  have flown to Juneau  to testify.  He  said he thinks                                                               
smaller groups would be more greatly affected.                                                                                  
                                                                                                                                
2:57:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG noted  that there  are 3  provisions in                                                               
the bill that address that question.   First, language on page 6,                                                               
line 29, requires that all  communications be clearly identified.                                                               
Second, language on  page 7, line 28,  requires the communication                                                               
to be easily  discernable.  Finally, language on page  8, line 6,                                                               
requires the audio  communication to be read in a  manner that is                                                               
easily heard.   He  questioned the  use of  the word  "heard" and                                                               
suggested   instead   that   the  bill   sponsor   consider   use                                                               
"understood".                                                                                                                   
                                                                                                                                
REPRESENTATIVE LYNN suggested "easily discernable".                                                                             
                                                                                                                                
REPRESENTATIVE  GRUENBERG concurred.    He explained  that he  is                                                               
hard of hearing and sometimes  hears words without out completely                                                               
understanding them.                                                                                                             
                                                                                                                                
2:59:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTO asked  whether the public cares  about who -                                                               
other  than candidates,  organizations, or  campaigns -  pays for                                                               
advertising.                                                                                                                    
                                                                                                                                
MR. SMITH  said he  has no data  in that regard.   He  noted that                                                               
there  are a  series of  Federal Communications  Commission (FCC)                                                               
regulations that would also apply,  in terms of disclosure; there                                                               
are requirements beyond any surveys that could be done.                                                                         
                                                                                                                                
CHAIR RAMRAS again  relayed that his concern is  whether the bill                                                               
would dampen discourse.                                                                                                         
                                                                                                                                
MR.  SMITH, in  response  to  Chair Ramras,  said  that during  a                                                               
municipal  election   there  are  anywhere  from   5-9  different                                                               
entities  working on  different  issues and  an  equal number  of                                                               
private  groups.   In  a major  statewide  election, he  related,                                                               
there tends  to be more  people involved within  organized groups                                                               
both inside  and outside the state.   He surmised the  reason for                                                               
this  is because  statewide elections  bring  forth more  voters,                                                               
which requires  more outreach to communicate  messages beyond the                                                               
big  cities.    In  response  to  comments  and  a  question,  he                                                               
indicated that  as the  fifth largest city  in the  state, Kodiak                                                               
would have statewide groups involved with its elections.                                                                        
                                                                                                                                
3:05:01 PM                                                                                                                    
                                                                                                                                
CHAIR  RAMRAS asked  how  the requirement  for  three top  people                                                               
would be grouped from various organizations.                                                                                    
                                                                                                                                
MR.  SMITH relayed  that he  had been  asked to  come before  the                                                               
legislature to ask  - should there be a requirement  to name more                                                               
than the top contributor - that  another method for people to see                                                               
that be provided, either through APOC  or by means of a directive                                                               
to go to  another source.  His interpretation, he  added, is that                                                               
the  company  name  would  be   sufficient,  because  that  would                                                               
identify who  the interested party is  and the message.   He said                                                               
it  would be  obvious who  was  behind an  advertisement if,  for                                                               
example, it was an advertisement  to promote drilling for oil and                                                               
BP's name was listed.                                                                                                           
                                                                                                                                
CHAIR RAMRAS  questioned if naming  BP three times  would satisfy                                                               
the requirement to  list the top three contributors.   He offered                                                               
an  example  of a  union  listed,  and  he questioned  how  three                                                               
members of that union would be chosen to list.                                                                                  
                                                                                                                                
MR. SMITH  offered his hope that  merely listing the name  of the                                                               
union  would   be  enough,  because   that  would   disclose  the                                                               
organization involved.  He added  that seeing the names listed of                                                               
three people inside  of that union would not mean  much to him as                                                               
a voter.                                                                                                                        
                                                                                                                                
3:08:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG noted that  up until recently his office                                                               
was tracking  cases in  which Citizens  United was  discussed, to                                                             
gather  any information  that  may help  in  determining how  any                                                               
federal or state court was  interpreting or utilizing opinions in                                                               
that case.   He asked if any related information  has come out in                                                               
the last three weeks.                                                                                                           
                                                                                                                                
3:09:31 PM                                                                                                                    
                                                                                                                                
JOHN PTACIN, Assistant Attorney  General, Labor and State Affairs                                                               
Section,  Civil Division  (Anchorage), Department  of Law  (DOL),                                                               
explained that  there were two  cases in  the last three  weeks -                                                               
one in  the District  Court of  Appeals in  Washington, D.C.   He                                                               
reviewed that  there is a provision  in federal law that  did not                                                               
allow "a  bunch of people  to ... group assemble."   Furthermore,                                                               
the  provision limited  the  amount of  money  that groups  could                                                               
bring  in from  individual contributions.   As  a district  court                                                               
case, he noted, it does not  really impact any of the analysis in                                                               
SB  284.   He related  that there  was another  case that  upheld                                                               
certain limits  on "soft money,"  which is also a  provision that                                                               
is  not addressed  in SB  284.   He noted  that there  is a  case                                                               
coming  to the  U.S. Supreme  Court at  the end  of the  term, in                                                               
which the court will discuss  extending anonymous speech into new                                                               
areas, and  that discussion may  have an impact depending  on how                                                               
far the court goes.                                                                                                             
                                                                                                                                
3:10:40 PM                                                                                                                    
                                                                                                                                
MR. PTACIN, in  response to a follow-up question,  said there was                                                               
a  Washington state  ballot initiative  that was  held about  two                                                               
years ago.   The question  raised was whether the  signatures can                                                               
be  withheld from  public disclosure;  whether a  person signing,                                                               
who could be harassed because  of signing, could petition to keep                                                               
that signature  from public  view.  This  distinction may  or may                                                               
not  expand  the court's  position  on  what  can and  cannot  be                                                               
anonymous action  in political  speech, and  whether that  is, in                                                               
fact, political speech.   He said that is  scheduled for argument                                                               
at  the end  of  the month,  and  he surmised  there  would be  a                                                               
decision by late June.                                                                                                          
                                                                                                                                
3:11:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HERRON questioned whether  there would be some way                                                               
to clarify that the person  advocating and spending money for any                                                               
issue is  for or against  an issue -  a direct statement  made in                                                               
audio advertising.  He clarified  that as a television viewer, he                                                               
is more interested  in being given a clear message  as to whether                                                               
the  person involved  in the  advertisement is  for or  against a                                                               
particular issue.                                                                                                               
                                                                                                                                
3:12:57 PM                                                                                                                    
                                                                                                                                
MR. PTACIN said whether a person  is for or against an issue must                                                               
be implicit in the advertisement.   Adding a secondary disclaimer                                                               
is an issue he said he would like to review further.                                                                            
                                                                                                                                
REPRESENTATIVE HERRON  clarified that he is  only concerned about                                                               
the issue  as it pertains  to audio and visual  advertisement; he                                                               
said he is not concerned about print.                                                                                           
                                                                                                                                
CHAIR  RAMRAS  summarized  that  this issue  seems  to  be  about                                                               
disclosure and discourse - whether  or not seeking to expand upon                                                               
the former will risk dampening  the latter.  He expressed concern                                                               
about ambiguities and how they are handled by APOC.                                                                             
                                                                                                                                
3:16:21 PM                                                                                                                    
                                                                                                                                
MR.  PTACIN noted  that the  case  APOC v.  Stephens taught  that                                                             
ambiguity  cannot  be  held against  somebody  who  violates  the                                                               
statutes  - at  least in  a monetary  sense.   He clarified,  "If                                                               
there's ambiguity  in any of  these statutes,  the enforceability                                                               
of it  is diminished."   With respect to dampening  discourse, he                                                               
said that  is the debate  after Citizens  United.  That  case, he                                                             
said, allowed  a number of  entities that could not  speak before                                                               
do so now.   The question going forward is going  to be whether a                                                               
disclosure or disclaimer law will  overly burden that newly found                                                               
right.                                                                                                                          
                                                                                                                                
CHAIR RAMRAS  again questioned whether  the regulation  of rights                                                               
that  have been  restored  to persons  will  result in  impairing                                                               
disclosure for smaller groups.                                                                                                  
                                                                                                                                
MR.  PTACIN  said  the  real  question is  whether  there  is  an                                                               
election pending  with a bond  initiative, ballot  initiative, or                                                               
candidate   election   looming,    because   "that's   when   the                                                               
jurisdiction comes to fore."                                                                                                    
                                                                                                                                
CHAIR RAMRAS  asked, "If  BP runs  an ad,  who are  their largest                                                               
contributors?"                                                                                                                  
                                                                                                                                
MR.  PTACIN  said  BP  Alaska   would  be  permitted  to  run  an                                                               
advertisement with domestic  profits.  The money  would come from                                                               
its own corporate treasury; there  would not be any contributors.                                                               
In response  to a follow-up question,  he said whether or  not BP                                                               
would have to  follow the "top three contributors"  rule under SB
284 would  depend on  whether there are  other entities  that are                                                               
contributing to BP  in order to fund that messaging.   He offered                                                               
his understanding that the top  contributors would not have to be                                                               
listed if they did not exist.                                                                                                   
                                                                                                                                
CHAIR RAMRAS said  as a lay person  that is not how  he reads the                                                               
requirement; however, he acknowledged that  he sees others in the                                                               
room  nodding.    He  then  asked who  would  be  the  top  three                                                               
contributors to a union with 10,000 members.                                                                                    
                                                                                                                                
MR. PATACIN  reiterated his understanding  that if the  entity is                                                               
using general treasury  funds to advertise, then  there would not                                                               
be any  contributors to  that political  messaging.   However, if                                                               
the union  pooled money from  some other entity, then  that would                                                               
be another matter.                                                                                                              
                                                                                                                                
CHAIR  RAMRAS   again  expressed   concern  over   ambiguity  and                                                               
expressed a wish to discuss the issue further.                                                                                  
                                                                                                                                
[CSSB 284(FIN) was held over.]                                                                                                  
                                                                                                                                
3:21:38 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Judiciary Standing Committee meeting was adjourned at 3:21 p.m.                                                                 

Document Name Date/Time Subjects
01 SB110 Sponsor Statement.pdf HJUD 4/7/2010 1:00:00 PM
SB 110
02 SB110 Sectional Analysis.pdf HJUD 4/7/2010 1:00:00 PM
SB 110
03 CSSB 110(FIN) Version C.pdf HJUD 4/7/2010 1:00:00 PM
SB 110
04 SB0110-4-1-031510-FIN-N.pdf HJUD 4/7/2010 1:00:00 PM
SB 110
05 SB0110-5-1-031510-DPS-N.pdf HJUD 4/7/2010 1:00:00 PM
SB 110
06 SB0110-6-2-031510-LAW-Y.pdf HJUD 4/7/2010 1:00:00 PM
SB 110
07 SB110 Bill v. A.pdf HJUD 4/7/2010 1:00:00 PM
SB 110
08 SB110 Articles.pdf HJUD 4/7/2010 1:00:00 PM
SB 110
01 SB284 Sponsor Statement.pdf HJUD 4/7/2010 1:00:00 PM
SB 284
02 SB284 Sectional 4.2.10.pdf HJUD 4/7/2010 1:00:00 PM
SB 284
03 SB 284 Bill version P.pdf HJUD 4/7/2010 1:00:00 PM
SB 284
04 SB284 DOA Fiscal Note.pdf HJUD 4/7/2010 1:00:00 PM
SB 284
05 SB284 OOG Fiscal Note.pdf HJUD 4/7/2010 1:00:00 PM
SB 284
06 SB284 AG analysis 2.19.10.pdf HJUD 4/7/2010 1:00:00 PM
SB 284
07 SB284 Bullard memo 3.17.10.pdf HJUD 4/7/2010 1:00:00 PM
SB 284
08 SB284 Relevant Statutes.pdf HJUD 4/7/2010 1:00:00 PM
SB 284
09 SB284 Support.pdf HJUD 4/7/2010 1:00:00 PM
SB 284
10 SB284 Articles.pdf HJUD 4/7/2010 1:00:00 PM
SB 284
Proposed HJUD CS version M.pdf HJUD 4/7/2010 1:00:00 PM