01/24/2007 01:00 PM House JUDICIARY
| Audio | Topic | 
|---|---|
| Start | |
| Confirmation Hearing(s)|| Select Committee on Legislative Ethics | |
| HB69 | |
| HB76 | |
| HB7 | |
| Adjourn | 
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 69 | TELECONFERENCED | |
| += | HB 76 | TELECONFERENCED | |
| *+ | HB 7 | TELECONFERENCED | |
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                        January 24, 2007                                                                                        
                           1:06 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Jay Ramras, Chair                                                                                                
Representative Nancy Dahlstrom, Vice Chair                                                                                      
Representative John Coghill                                                                                                     
Representative Bob Lynn                                                                                                         
Representative Ralph Samuels                                                                                                    
Representative Max Gruenberg                                                                                                    
Representative Lindsey Holmes                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARING(S)                                                                                                         
                                                                                                                                
Select Committee on Legislative Ethics                                                                                        
                                                                                                                                
     Ann Rabinowitz - Anchorage                                                                                                 
     Gary J. Turner - Soldotna                                                                                                  
     H. Conner Thomas - Nome                                                                                                    
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
HOUSE BILL NO. 69                                                                                                               
"An Act relating to executive clemency."                                                                                        
                                                                                                                                
     - MOVED CSHB 69(JUD) OUT OF COMMITTEE                                                                                      
                                                                                                                                
HOUSE BILL NO. 76                                                                                                               
"An Act relating to the creation of a civil legal services                                                                      
fund."                                                                                                                          
                                                                                                                                
     - MOVED CSHB 76 (JUD) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 7                                                                                                                
"An Act relating to false caller identification."                                                                               
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB  69                                                                                                                  
SHORT TITLE: NOTIFY CRIME VICTIM OF EXECUTIVE CLEMENCY                                                                          
SPONSOR(S): REPRESENTATIVE(S) SAMUELS                                                                                           
                                                                                                                                
01/16/07       (H)       PREFILE RELEASED 1/5/07                                                                                
01/16/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/16/07       (H)       JUD                                                                                                    
01/22/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
01/22/07       (H)       Heard & Held                                                                                           
01/22/07       (H)       MINUTE(JUD)                                                                                            
01/24/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: HB  76                                                                                                                  
SHORT TITLE: CIVIL LEGAL SERVICES FUND                                                                                          
SPONSOR(S): REPRESENTATIVE(S) RAMRAS, LEDOUX                                                                                    
                                                                                                                                
01/16/07       (H)       PREFILE RELEASED 1/5/07                                                                                
01/16/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/16/07       (H)       JUD, FIN                                                                                               
01/22/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
01/22/07       (H)       Heard & Held                                                                                           
01/22/07       (H)       MINUTE(JUD)                                                                                            
01/24/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: HB  7                                                                                                                   
SHORT TITLE: FALSE CALLER IDENTIFICATION                                                                                        
SPONSOR(S): REPRESENTATIVE(S) LYNN, GARDNER                                                                                     
                                                                                                                                
01/16/07       (H)       PREFILE RELEASED 1/5/07                                                                                
01/16/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/16/07       (H)       JUD                                                                                                    
01/22/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
01/22/07       (H)       Scheduled But Not Heard                                                                                
01/24/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
ANN RABINOWITZ, Appointee                                                                                                       
to the Select Committee on Legislative Ethics                                                                                   
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified as appointee to the Select                                                                       
Committee on Legislative Ethics.                                                                                                
                                                                                                                                
GARY J. TURNER, Appointee                                                                                                       
to the Select Committee on Legislative Ethics                                                                                   
Soldotna, Alaska                                                                                                                
POSITION  STATEMENT:    Testified  as  appointee  to  the  Select                                                               
Committee on Legislative Ethics.                                                                                                
                                                                                                                                
RICKY GEASE, Executive Director                                                                                                 
Kenai River Sportfishing Association (KRSA)                                                                                     
Kenai, Alaska                                                                                                                   
POSITION  STATEMENT:   Indicated  support of  the appointment  of                                                               
Gary J. Turner to the Select Committee on Legislative Ethics.                                                                   
                                                                                                                                
H. CONNER THOMAS, Appointee                                                                                                     
to the Select Committee on Legislative Ethics                                                                                   
Nome, Alaska                                                                                                                    
POSITION  STATEMENT:    Testified  as  appointee  to  the  Select                                                               
Committee on Legislative Ethics.                                                                                                
                                                                                                                                
SYDNEY MORGAN, Staff                                                                                                            
to Representative Ralph Samuels                                                                                                 
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:    Reviewed the  changes  incorporated  into                                                               
HB 69,  Version  C,  on behalf  of  the  sponsor,  Representative                                                               
Samuels.                                                                                                                        
                                                                                                                                
EMILY STANCLIFF, Staff                                                                                                          
to Representative Jay Ramras                                                                                                    
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Reviewed  the changes  between Versions  C                                                               
and E of  HB 76 on  behalf Representative  Ramras, of one  of the                                                               
bill's prime sponsors.                                                                                                          
                                                                                                                                
ANDY HARRINGTON, Executive Director                                                                                             
Alaska Legal Services Corporation (ALSC)                                                                                        
(No address provided)                                                                                                           
POSITION  STATEMENT:   During  the  hearing  on HB  76,  answered                                                               
questions.                                                                                                                      
                                                                                                                                
THERESA OBERMEYER                                                                                                               
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:    Provided  remarks  during  discussion  of                                                               
HB 76.                                                                                                                          
                                                                                                                                
CAREN ROBINSON, Lobbyist                                                                                                        
for Alaska Women's Lobby                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of HB 76.                                                                             
                                                                                                                                
CHRISTINE PATE, Mentoring Attorney                                                                                              
Alaska Network on Domestic Violence & Sexual Assault (ANDVSA)                                                                   
Sitka, Alaska                                                                                                                   
POSITION STATEMENT:  Testified in support of HB 76.                                                                             
                                                                                                                                
DIRK MOFFATT, Staff                                                                                                             
to Representative Bob Lynn                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Presented HB  7 on  behalf of  one of  the                                                               
bill's prime sponsors, Representative Lynn.                                                                                     
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR JAY  RAMRAS called the  House Judiciary  Standing Committee                                                             
meeting to order  at 1:06:43 PM.   Representatives Coghill, Lynn,                                                             
Holmes, Gruenberg, and Ramras were  present at the call to order.                                                               
Representatives Samuels and Dahlstrom  arrived as the meeting was                                                               
in progress.                                                                                                                    
                                                                                                                                
^CONFIRMATION HEARING(S)                                                                                                      
^Select Committee on Legislative Ethics                                                                                       
                                                                                                                                
1:07:51 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS  announced that the  committee would  first consider                                                               
the  appointment of  Ann Rabinowitz  to the  Select Committee  on                                                               
Legislative Ethics.                                                                                                             
                                                                                                                                
1:08:31 PM                                                                                                                    
                                                                                                                                
ANN RABINOWITZ, Appointee to the  Select Committee on Legislative                                                               
Ethics, relayed  that she has  served one three-year term  on the                                                               
Select Committee  on Legislative  Ethics, that  she is  a retired                                                               
teacher, that she was initially  appointed to serve on the Select                                                               
Committee  on Legislative  Ethics by  then-Chief Justice  Bryner;                                                               
that her current  term is just ending; and that  she has recently                                                               
been  reappointed  by  Chief  Justice   Fabe.    In  response  to                                                               
questions,  she said  she has  found her  experience as  a school                                                               
system  employee  to  be  helpful  in  her  work  on  the  Select                                                               
Committee on  Legislative Ethics,  adding that the  community has                                                               
high expectations with regard to  the ethics of school employees.                                                               
In response  to comments and  another question,  she acknowledged                                                               
that the issues of accountability  and full disclosure will be of                                                               
primary interest this session.                                                                                                  
                                                                                                                                
REPRESENTATIVE   GRUENBERG,  noting   that  he's   served  as   a                                                               
legislative member of the Select  Committee on Legislative Ethics                                                               
and that he  is still anticipating receiving  an advisory opinion                                                               
and  thus he  might  have a  conflict of  interest,  asked to  be                                                               
allowed  to  refrain  from participating  in  these  confirmation                                                               
hearings and from  voting on whether to forward the  names of the                                                               
appointees  on  to  the  full  legislature  for  confirmation  or                                                               
rejection.                                                                                                                      
                                                                                                                                
CHAIR  RAMRAS objected  [thus requiring  Representative Gruenberg                                                               
to participate and vote].                                                                                                       
                                                                                                                                
REPRESENTATIVE GRUENBERG remarked, then,  that he has served with                                                               
Ms. Rabinowitz on the Select  Committee on Legislative Ethics and                                                               
believes her to be highly qualified for the job.                                                                                
                                                                                                                                
REPRESENTATIVE  HOLMES noted  that she,  too, has  served on  the                                                               
Select  Committee  on  Legislative Ethics  with  Ms.  Rabinowitz,                                                               
appreciates  Ms. Rabinowitz's  willingness  to continue  serving,                                                               
and recommends  forwarding Ms. Rabinowitz's  name on to  the full                                                               
legislature.                                                                                                                    
                                                                                                                                
CHAIR  RAMRAS  characterized  Ms. Rabinowitz  as  an  articulate,                                                               
thoughtful person.                                                                                                              
                                                                                                                                
MS. RABINOWITZ said  it has been an honor to  serve on the Select                                                               
Committee on  Legislative Ethics  and she  is looking  forward to                                                               
the upcoming session.                                                                                                           
                                                                                                                                
REPRESENTATIVE GRUENBERG made a  motion to advance from committee                                                               
the  nomination of  Ann  Rabinowitz as  appointee  to the  Select                                                               
Committee on Legislative  Ethics.  There being  no objection, the                                                               
confirmation  was  advanced  from the  House  Judiciary  Standing                                                               
Committee.                                                                                                                      
                                                                                                                                
1:20:02 PM                                                                                                                    
                                                                                                                                
CHAIR  RAMRAS announced  that the  committee would  next consider                                                               
the  appointment of  Gary J.  Turner to  the Select  Committee on                                                               
Legislative Ethics.                                                                                                             
                                                                                                                                
1:20:30 PM                                                                                                                    
                                                                                                                                
GARY J. TURNER, Appointee to  the Select Committee on Legislative                                                               
Ethics, in  addition to  outlining some  of his  other employment                                                               
history,  relayed that  he is  a retired  U.S. Air  Force officer                                                               
whose  career   primarily  spanned  public  affairs   and  public                                                               
relations, that he taught at  the United States Air Force Academy                                                               
(USAFA)  for two  years,  and  that he  is  currently serving  as                                                               
college director at the Kenai  Peninsula College and oversees the                                                               
"mining  of petroleum"  training  service.   In  response to  the                                                               
question of  why he would like  to serve on the  Select Committee                                                               
on  Legislative Ethics,  he said  that he  was raised  to believe                                                               
that ethics are  at the core of one's being,  and this belief was                                                               
further enhanced by  his career in the Air Force,  wherein one is                                                               
expected  to maintain  a high  standard  of ethics  and a  strong                                                               
moral code; therefore,  he would like to serve the  state in this                                                               
manner, particularly  given the  challenges currently  facing the                                                               
legislature.                                                                                                                    
                                                                                                                                
MR. TURNER, in  response to a question, spoke briefly  of the Air                                                               
Force code  of conduct by  which all academy cadets  are required                                                               
to abide.                                                                                                                       
                                                                                                                                
1:24:32 PM                                                                                                                    
                                                                                                                                
RICKY  GEASE,   Executive  Director,  Kenai   River  Sportfishing                                                               
Association (KRSA),  after relaying  that he  was also  the prior                                                               
executive director of the Kenai  Convention & Visitors Bureau and                                                               
an adjunct  professor at  Kenai Peninsula  College, said  that in                                                               
all  of his  positions he's  had the  opportunity to  witness Mr.                                                               
Turner  interact   in  a   professional  manner   with  students,                                                               
teachers, professors, and the public  on a wide range of matters.                                                               
Mr. Gease concluded  by opining that Mr. Turner would  be a great                                                               
addition to the Select Committee on Legislative Ethics.                                                                         
                                                                                                                                
REPRESENTATIVE GRUENBERG noted that  he'd served briefly with Mr.                                                               
Turner  on  the  Select  Committee  on  Legislative  Ethics,  and                                                               
characterized Mr. Turner's appointment as an excellent choice.                                                                  
                                                                                                                                
MR. TURNER, in  response to comments, suggested  that with regard                                                               
to legislative ethics, legislators must  have the courage to take                                                               
a stand  and assess  and evaluate  themselves thoroughly  so that                                                               
the  body  as a  whole  can  say what  must  be  done.   He  said                                                               
currently  the  public  is   questioning  how  rampant  unethical                                                               
behavior  is in  the  legislature, and  so  whether the  solution                                                               
takes the form of several bills or  one omnibus bill is up to the                                                               
legislature to decide; regardless, something  must be done and it                                                               
must be  done expeditiously so  that the legislature can  move on                                                               
to the other important issues facing the state.                                                                                 
                                                                                                                                
REPRESENTATIVE  COGHILL said  he  is looking  forward to  working                                                               
with Mr.  Turner, and to  seeing the suggestions that  the Select                                                               
Committee on Legislative Ethics brings forth.                                                                                   
                                                                                                                                
MR.  TURNER,  in response  to  a  question, indicated  that  he'd                                                               
submitted  a letter  to  Chief  Justice Fabe  asking  that he  be                                                               
considered   for  appointment   to   the   Select  Committee   on                                                               
Legislative Ethics because  the issue of ethics is  near and dear                                                               
to  his  heart  and he  wanted  to  be  able  to perhaps  make  a                                                               
difference.                                                                                                                     
                                                                                                                                
CHAIR  RAMRAS  asked Mr.  Turner  whether  he believes  that  the                                                               
subject  of an  indictment ought  to be  serving in  a leadership                                                               
position in the legislature.                                                                                                    
                                                                                                                                
MR. TURNER  pointed out  that under  the current  justice system,                                                               
one   is  innocent   until  proven   guilty,   and  offered   his                                                               
understanding  that an  indictment is  merely an  indication that                                                               
there  may  be enough  evidence  to  take  before a  grand  jury.                                                               
However, if  someone holding a  leadership position is  under the                                                               
cloud of  an indictment, he/she  may lose the respect  of his/her                                                               
fellow  legislators  and  of  the public,  and  this  raises  the                                                               
question of how  effective that person can be  in that leadership                                                               
role.  If it  were he, he remarked, he might  be inclined to pass                                                               
the leadership  role on to someone  else until the matter  of the                                                               
indictment is cleared up.                                                                                                       
                                                                                                                                
1:34:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DAHLSTROM made a  motion to advance from committee                                                               
the  nomination of  Gary J.  Turner  as appointee  to the  Select                                                               
Committee on Legislative  Ethics.  There being  no objection, the                                                               
confirmation  was  advanced  from the  House  Judiciary  Standing                                                               
Committee.                                                                                                                      
                                                                                                                                
MS.  RABINOWITZ,   in  response   to  a  question,   expressed  a                                                               
preference  for having  suggestions for  specific changes  to the                                                               
current  legislative   ethics  statutes  come  from   the  Select                                                               
Committee on Legislative Ethics as a whole.                                                                                     
                                                                                                                                
MR. TURNER,  also in  response, opined that  with the  steps that                                                               
have  been taken  thus far  by various  parties on  the issue  of                                                               
legislative ethics,  the Select  Committee on  Legislative Ethics                                                               
already has  a lot to  consider and so  it would be  premature to                                                               
add to that at this time.                                                                                                       
                                                                                                                                
CHAIR  RAMRAS announced  that the  committee would  next consider                                                               
the appointment  of H. Conner  Thomas to the Select  Committee on                                                               
Legislative Ethics.                                                                                                             
                                                                                                                                
1:38:16 PM                                                                                                                    
                                                                                                                                
H.  CONNER   THOMAS,  Appointee   to  the  Select   Committee  on                                                               
Legislative  Ethics, in  response  to questions,  said his  first                                                               
term of  service on  the Select  Committee on  Legislative Ethics                                                               
went  well,  adding that  he  feels  [he  is performing]  a  very                                                               
worthwhile  public   service  and   that  the  workload   is  not                                                               
burdensome.   The  service the  Select  Committee on  Legislative                                                               
Ethics provides  to the state is  a necessary one, and  the issue                                                               
of ethics is important to him, he remarked.                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG  noted that he'd served  with Mr. Thomas                                                               
on the  Select Committee  on Legislative  Ethics and  thought Mr.                                                               
Thomas  had done  an excellent  job  and recommends  him for  the                                                               
position.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  COGHILL asked  Mr. Thomas  whether he  viewed his                                                               
[past]  service on  the board  of directors  of the  Alaska Civil                                                               
Liberties Union (AkCLU) as playing a political activist role.                                                                   
                                                                                                                                
MR. THOMAS said he had not viewed  it as such when he'd served on                                                               
that board; rather, he'd merely  felt strongly about the issue of                                                               
civil liberties.   In response to a question,  he assured members                                                               
that he has no plans to pursue a political activist role.                                                                       
                                                                                                                                
[Chair Ramras turned the gavel over to Vice Chair Dahlstrom.]                                                                   
                                                                                                                                
REPRESENTATIVE  LYNN  asked  Mr. Thomas  whether  he  anticipates                                                               
having a conflict of interest with regard to AkCLU matters.                                                                     
                                                                                                                                
MR. THOMAS said no.                                                                                                             
                                                                                                                                
1:44:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE COGHILL  made a motion  to advance  from committee                                                               
the nomination  of H.  Conner Thomas as  appointee to  the Select                                                               
Committee on Legislative  Ethics.  There being  no objection, the                                                               
confirmation  was  advanced  from the  House  Judiciary  Standing                                                               
Committee.                                                                                                                      
                                                                                                                                
VICE CHAIR DAHLSTROM  observed that the nominations  of the three                                                               
appointees  would  be  forwarded  to  the  full  legislature  for                                                               
confirmation or rejection.                                                                                                      
                                                                                                                                
VICE CHAIR DAHLSTROM returned the gavel to Chair Ramras.                                                                        
                                                                                                                                
The committee took an at-ease from 1:45 p.m. to 1:46 p.m.                                                                       
                                                                                                                                
HB 69 - NOTIFY CRIME VICTIM OF EXECUTIVE CLEMENCY                                                                             
                                                                                                                                
1:46:34 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced  that the next order of  business would be                                                               
HOUSE BILL NO. 69, "An Act relating to executive clemency."                                                                     
                                                                                                                                
1:47:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DAHLSTROM  moved to  adopt the  proposed committee                                                               
substitute  (CS)  for  HB  69,  Version  25-LS0317\C,  Luckhaupt,                                                               
1/24/06, as the work draft.   There being no objection, Version C                                                               
was before the committee.                                                                                                       
                                                                                                                                
REPRESENTATIVE SAMUELS,  sponsor of HB  69, relayed that  most of                                                               
the  amendments distributed  at the  last hearing  on HB  69 were                                                               
incorporated into Version C.                                                                                                    
                                                                                                                                
1:48:16 PM                                                                                                                    
                                                                                                                                
SYDNEY  MORGAN, Staff  to  Representative  Ralph Samuels,  Alaska                                                               
State  Legislature,   reviewed  the  changes   incorporated  into                                                               
Version  C.   On page  1, line  5, the  new language,  "except to                                                               
deny" allows  the Office of the  Governor and the State  Board of                                                               
Parole to  move forward with a  denial without delay; on  page 1,                                                               
line 6, the  timeframe has been increased from "60  days" to "180                                                               
days" in order  to allow the State Board of  Parole adequate time                                                               
to conduct an investigation; and on  page 1, line 8, language was                                                               
added establishing  a timeframe of  180 days for the  State Board                                                               
of Parole  to submit its  investigative results to  the governor.                                                               
The  State  Board  of  Parole,  she noted,  is  amenable  to  the                                                               
aforementioned change.  Furthermore, changes  to Section 2 of the                                                               
bill  propose to  delete  the language,  "If  requested by"  from                                                               
existing  AS  33.20.080(b) and  add  the  language, "within  five                                                           
business days  after receipt of  the application";  these changes                                                           
to  Section 2  will require  the State  Board of  Parole to  make                                                               
every  reasonable  effort  to  notify   the  victim  within  five                                                               
business days after receipt of the application.                                                                                 
                                                                                                                                
CHAIR RAMRAS, upon  determining that there was no  one who wished                                                               
to testify, closed public testimony on HB 69.                                                                                   
                                                                                                                                
1:51:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DAHLSTROM moved  to  report the  proposed CS  for                                                               
HB 69, Version 25-LS0317\C, Luckhaupt,  1/24/06, out of committee                                                               
with individual recommendations and  the accompanying zero fiscal                                                               
note.                                                                                                                           
                                                                                                                                
REPRESENTATIVE LYNN  objected for the purpose  of discussion, and                                                               
explained that  he wanted to  offer an amendment;  the amendment,                                                               
which was labeled 25-LS0317\A.1, Luckhaupt, 1/22/07, read:                                                                      
                                                                                                                                
     Page 1, lines 4 - 10:                                                                                                      
          Delete "(a) The governor shall [MAY] refer                                                                        
     applications  for executive  clemency to  the board  of                                                                    
     parole  and may  not act  on an  application unless  60                                                                
     days have  elapsed since the notice  required under (b)                                                                
     of  this section  has been  provided.  The board  shall                                                                
     investigate  each case  and submit  to  the governor  a                                                                    
     report of  the investigation,  together with  all other                                                                    
     information  the  board  has regarding  the  applicant.                                                                    
     When  the report  or  investigation  is submitted,  the                                                                    
     board shall also transmit to  the governor the comments                                                                    
     it has received under (b) of this section."                                                                                
          Insert "(a) The governor shall [MAY] refer                                                                        
     applications  for executive  clemency to  the board  of                                                                    
     parole  and may  not act  on an  application unless  60                                                                
     days have  elapsed since the notice  required under (b)                                                                
     of  this section  has been  provided.  The board  shall                                                                
     investigate  each case  and submit  to  the governor  a                                                                    
     report of  the investigation,  together with  all other                                                                    
     information the  board has regarding the  applicant. As                                                                
     part of  its investigation,  the board  shall determine                                                                
     if granting  the application  would benefit  a personal                                                                
     or financial  interest of the governor,  an employee of                                                                
     the governor's  office, a  commissioner, or  an elected                                                                
     public  officer  of  the  state.  When  the  report  or                                                                
     investigation  is  submitted,   the  board  shall  also                                                                    
     transmit to  the governor the comments  it has received                                                                    
     under  (b)   of  this  section.  In   this  subsection,                                                                
     "personal interest"  and "financial interest"  have the                                                                
     meanings given in AS 39.52.960."                                                                                       
                                                                                                                                
REPRESENTATIVE DAHLSTROM withdrew her  motion to report Version C                                                               
from committee.                                                                                                                 
                                                                                                                                
REPRESENTATIVE LYNN  explained that the  aforementioned amendment                                                               
would allow the State Board  of Parole to determine whether there                                                               
is any connection between the  governor and the individual up for                                                               
the  pardon with  regard to  personal or  financial interests  as                                                               
defined under AS 39.52.960.                                                                                                     
                                                                                                                                
REPRESENTATIVE  SAMUELS  expressed  concern  with  the  amendment                                                               
because the  State Board of the  Parole would have to  perform an                                                               
investigation of  the governor,  the lieutenant governor,  and 60                                                               
legislators  in   order  to  make   such  a   determination,  and                                                               
highlighted  that  during the  interim  it  can be  difficult  to                                                               
locate legislators.   The amendment seems to place  a huge burden                                                               
on the State  Board of Parole, he opined, and  suggested that the                                                               
language pertaining  to a determination of  personal or financial                                                               
interest  would be  more appropriate  in ethics  legislation; for                                                               
example, perhaps including language  specifying that the governor                                                               
may  not have  a [personal  or] financial  interest or  requiring                                                               
him/her to  sign an affidavit  to that  effect could be  added to                                                               
ethics legislation.                                                                                                             
                                                                                                                                
REPRESENTATIVE LYNN suggested instead  that perhaps the amendment                                                               
could  be amended  to specify  that  the governor  shall sign  an                                                               
affidavit  stating  that  he/she  has no  personal  or  financial                                                               
interest as defined under AS 39.52.960.                                                                                         
                                                                                                                                
CHAIR RAMRAS expressed concern with the amendment.                                                                              
                                                                                                                                
REPRESENTATIVE  GRUENBERG  offered  to help  Representative  Lynn                                                               
draft alternative language.                                                                                                     
                                                                                                                                
REPRESENTATIVE SAMUELS,  in response to comments  and a question,                                                               
maintained  his   opinion  that  the  amendment   would  be  more                                                               
appropriate in legislation addressing executive branch ethics.                                                                  
                                                                                                                                
CHAIR RAMRAS agreed.                                                                                                            
                                                                                                                                
REPRESENTATIVE COGHILL opined that  the language of the amendment                                                               
ought  to   be  located  elsewhere   other  than  in   the  bill.                                                               
Therefore,  he  announced,  he   probably  wouldn't  support  the                                                               
amendment.                                                                                                                      
                                                                                                                                
1:57:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN,  relaying that he would  pursue the [concept                                                               
of the amendment] in another committee, withdrew the amendment.                                                                 
                                                                                                                                
REPRESENTATIVE DAHLSTROM  again moved  to report the  proposed CS                                                               
for  HB  69,  Version  25-LS0317\C, Luckhaupt,  1/24/06,  out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
zero fiscal  note.   There being no  objection, CSHB  69(JUD) was                                                               
reported from the House Judiciary Standing Committee.                                                                           
                                                                                                                                
The committee took an at-ease from 1:59 p.m. to 2:01 p.m.                                                                       
                                                                                                                                
HB 76 - CIVIL LEGAL SERVICES FUND                                                                                             
                                                                                                                                
2:01:50 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced  that the next order of  business would be                                                               
HOUSE BILL  NO. 76, "An Act  relating to the creation  of a civil                                                               
legal services  fund."   [Before the  committee was  the proposed                                                               
committee  substitute  (CS)  for   HB  76,  Version  25-LS0349\C,                                                               
Bailey,  1/17/07, which  had been  adopted as  the work  draft on                                                               
1/22/07.]                                                                                                                       
                                                                                                                                
2:04:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DAHLSTROM  moved to  adopt the  proposed committee                                                               
substitute (CS) for HB 76, Version 25-LS0349\E, Bailey, 1/23/07.                                                                
                                                                                                                                
REPRESENTATIVE GRUENBERG  objected for  the purpose  of receiving                                                               
an explanation of the changes made in Version E.                                                                                
                                                                                                                                
2:05:15 PM                                                                                                                    
                                                                                                                                
EMILY  STANCLIFF,  Staff  to Representative  Jay  Ramras,  Alaska                                                               
State Legislature,  relayed on  behalf of  Representative Ramras,                                                               
one the prime  sponsors of HB 76, that language  on page 1, lines                                                               
8-9, of Version E now says  in part, "may appropriate to the fund                                                               
from the amount.  This change  - the addition of the word, "from"                                                               
-  is  intended  to   address  Representative  Coghill's  concern                                                               
regarding  allowing the  legislature to  determine what  [amount]                                                               
would be appropriated.                                                                                                          
                                                                                                                                
REPRESENTATIVE  GRUENBERG  said  that  he  won't  object  to  the                                                               
adoption  of  Version E,  although  grammatically  the intent  is                                                               
still  not clear.    He suggested  that  perhaps better  language                                                               
could be drafted.  [This  was treated as Representative Gruenberg                                                               
withdrawing his objection to the adoption  of Version E as a work                                                               
draft.]                                                                                                                         
                                                                                                                                
CHAIR RAMRAS announced that Version E was before the committee.                                                                 
                                                                                                                                
REPRESENTATIVE  GRUENBERG opined  that if  the goal  of inserting                                                               
the word "from"  is to allow appropriation of some,  but not all,                                                               
of  the amount  deposited into  the  general fund  (GF) under  AS                                                               
09.17.020(j), the new language doesn't exactly say that.                                                                        
                                                                                                                                
REPRESENTATIVE COGHILL concurred  that he wanted to  be sure that                                                               
the language  doesn't mandate appropriation of  the entire amount                                                               
deposited under AS 09.17.020(j).                                                                                                
                                                                                                                                
REPRESENTATIVE  GRUENBERG suggested  that  that  point should  be                                                               
clarified as the legislation moves through the process.                                                                         
                                                                                                                                
2:08:57 PM                                                                                                                    
                                                                                                                                
ANDY  HARRINGTON,  Executive   Director,  Alaska  Legal  Services                                                               
Corporation  (ALSC), in  response to  a question,  explained that                                                               
there are  other agencies  that provide  civil legal  services to                                                               
domestic  violence victims,  immigrants,  and other  populations,                                                               
though those agencies don't  have income qualification guidelines                                                               
like the ALSC and the Alaska Pro Bono Program, Inc (APBP).                                                                      
                                                                                                                                
REPRESENTATIVE  COGHILL surmised,  then, that  the ALSC  would be                                                               
the  primary  recipient  of  the   funds  provided  for  in  this                                                               
legislation unless an  organization very similar to  the ALSC was                                                               
established.                                                                                                                    
                                                                                                                                
MR. HARRINGTON  replied yes.   In response to  further questions,                                                               
he assured the  committee that the legislature  will maintain its                                                               
authority to  appropriate funds from year-to-year,  and explained                                                               
that  formerly   the  ALSC   received  appropriations   from  the                                                               
legislature but when times were tight,  it became all too easy to                                                               
reduce  the ALSC's  appropriation.   This  legislation would  tie                                                               
ALSC  funding  from  the  state  directly  to  a  revenue  stream                                                               
produced by the civil court  system.  Mr. Harrington acknowledged                                                               
that  one   legislature  can't  bind  future   legislatures,  but                                                               
expressed  hope that  future  legislatures  will view  [continued                                                               
funding] as making  sense and so maintain  a [funding] commitment                                                               
to the ALSC.                                                                                                                    
                                                                                                                                
2:13:14 PM                                                                                                                    
                                                                                                                                
THERESA OBERMEYER relayed  that she has interfaced  with the ALSC                                                               
over many years.   She said that the manner in  which the ALSC is                                                               
organized  in  Alaska  has  motivated  her  greatly  because  the                                                               
mission of  the ALSC  is to  serve the  indigent.   Ms. Obermeyer                                                               
mentioned that she  sent the House and  Senate Judiciary Standing                                                               
Committees  for review  a one-page  document and  two attachments                                                               
regarding reciprocity.   On the issue  of HB 76, she  offered her                                                               
understanding that  although this legislation won't  mandate that                                                               
funding be provided to the ALSC,  it does [establish] a fund that                                                               
can be used  to provide such funding.  Ms.  Obermeyer offered her                                                               
belief that  at least half  of the  attorneys at the  ALSC didn't                                                               
have  to take  a written  bar exam  in Alaska  because they  were                                                               
granted permission  to practice law  under Rule 43 of  the Alaska                                                               
Bar Rules,  characterized that as  favoritism on the part  of the                                                               
[Alaska Bar  Association], and spoke a  bit more on the  issue of                                                               
reciprocity.   In  conclusion  she emphasized  the  need to  help                                                               
serve the poor and care about Alaskans across the board.                                                                        
                                                                                                                                
2:23:37 PM                                                                                                                    
                                                                                                                                
CAREN  ROBINSON, Lobbyist  for Alaska  Women's Lobby,  noted that                                                               
the  committee should  have received  a  written position  paper.                                                               
Ms.  Robinson,  noting  that she  is  speaking  from  experience,                                                               
emphasized the  importance of  the services  provided by  ALSC to                                                               
victims [of  domestic violence]  and other  people of  the state.                                                               
She recalled when  she was director of the Aiding  Women in Abuse                                                               
and Rape  Emergencies (AWARE  Inc.) shelter  in Juneau,  and said                                                               
that not a day went by  in which there wasn't an interaction with                                                               
the ALSC,  adding that those interactions  were important whether                                                               
they  pertained to  housing needs,  potential separation  from an                                                               
abusive  spouse,  child custody,  or  divorce  and child  support                                                               
issues.                                                                                                                         
                                                                                                                                
MS. ROBINSON then  reminded the committee of the  great work done                                                               
by  Sarah Felix,  who helped  pen many  of the  laws on  domestic                                                               
violence in  Alaska.   In particular,  Ms. Robinson  relayed, Ms.                                                               
Felix worked  on legislation pertaining to  domestic violence and                                                               
protective orders.   Ms. Robinson mentioned  the Robert Hickerson                                                               
Partners in  Justice Campaign, which  collects money to  help the                                                               
less  fortunate in  Alaska obtain  the legal  services that  they                                                               
need.  She  emphasized the difficulty experienced  when one needs                                                               
legal assistance but cannot [afford] it.                                                                                        
                                                                                                                                
MS. ROBINSON recounted her personal  experience in which she left                                                               
a seriously  abusive situation and  filed for her own  divorce in                                                               
Texas where there  was no service for her to  receive legal help.                                                               
Due  to that  lack  of  help, she  inadvertently  failed to  file                                                               
paperwork regarding  child support and  so wasn't able  to obtain                                                               
that  financial  assistance.    The  ALSC  can  ensure  that  all                                                               
necessary paperwork is  filed in a timely fashion  so that others                                                               
don't find  themselves in a  similar situation.  In  closing, Ms.                                                               
Robinson stated  that the Alaska Women's  Lobby strongly supports                                                               
HB 76 and wants  to ensure that the ALSC will  be funded both now                                                               
and in the future.                                                                                                              
                                                                                                                                
2:30:02 PM                                                                                                                    
                                                                                                                                
CHRISTINE PATE,  Mentoring Attorney,  Alaska Network  on Domestic                                                               
Violence & Sexual Assault (ANDVSA),  explained that the ANDVSA is                                                               
a statewide coalition of 19  domestic violence and sexual assault                                                               
programs across  Alaska.  She  further explained that one  of her                                                               
primary  functions  is running  a  direct,  civil legal  services                                                               
program whereby  victims of domestic violence  and sexual assault                                                               
can  obtained pro  bono  attorneys  for civil  cases.   Ms.  Pate                                                               
indicated her support  for HB 76 and echoed comments  made by Ms.                                                               
Robinson.  She then thanked  the Alaska State Legislature for the                                                               
past wisdom  it has shown  in making  laws to benefit  victims of                                                               
domestic violence and sexual assault.                                                                                           
                                                                                                                                
MS. PATE  opined that HB  76 is  a critical piece  of legislation                                                               
that will  help end  domestic violence in  Alaska, noting  that a                                                               
few years ago two economists  performed a study which showed that                                                               
legal services  are the most  effective means of  ending violence                                                               
in victims'  lives.  When  a victim  makes the decision  to leave                                                               
the batterer, it's  just the beginning of the  journey for safety                                                               
for that individual  and that individual's children;  in order to                                                               
remain  safe,   the  individual  will  need   several  resources,                                                               
including economic  support for the family,  protection orders to                                                               
maintain physical safety, custody  orders granting custody of the                                                               
children, and permanent housing, and  only an attorney can assist                                                               
in acquiring the aforementioned services.                                                                                       
                                                                                                                                
MS.  PATE  informed the  committee  that  every year,  the  legal                                                               
advocacy project  at ANDVSA surveys  its member programs  and the                                                               
legal  advocates who  work with  the victims.   Every  year, that                                                               
group  reports that  the most  critical need  is for  civil legal                                                               
services  for victims  of domestic  violence and  sexual assault.                                                               
Although the  ANDVSA helps with  the aforementioned  by providing                                                               
pro bono attorneys,  only a limited number of  attorneys can take                                                               
on  such work  and the  Alaska Bar  Association (ABA)  is already                                                               
doing  its fair  share.    The ALSC  is  the  only other  program                                                               
besides  the  ANDVSA  [helping]   domestic  violence  and  sexual                                                               
assault victims.   Since the creation  of the ANDVSA in  1999, it                                                               
has received close to 1,500  requests for assistance but has only                                                               
been able to serve approximately 40  percent of those cases.  For                                                               
those victims  who don't receive  help, the individual  goes into                                                               
court alone,  may lose custody  of the children,  doesn't receive                                                               
the  necessary  financial help,  and  may  be  placed in  a  more                                                               
physically unsafe situation.                                                                                                    
                                                                                                                                
MS.  PATE said  that ultimately,  because of  the aforementioned,                                                               
the victim may  decide that the safest and best  course of action                                                               
is to return to the abuser  in order to receive financial support                                                               
and  at least  monitor interactions  between the  abuser and  the                                                               
children.   More  devastating,  she opined,  is  that people  are                                                               
losing faith  when they don't  have attorneys.  Victims  are told                                                               
that if they  leave their abuser, they will  receive help through                                                               
support services.  However, the  critical piece of legal services                                                               
isn't  [always]  available to  help  victims  and their  families                                                               
remain safe.                                                                                                                    
                                                                                                                                
MS. PATE characterized  this situation as a  crisis because needy                                                               
Alaskans  aren't receiving  the help  necessary to  protect their                                                               
basic needs and  rights.  Moreover, if the abuser  is involved in                                                               
a criminal case,  the abuser is entitled  to legal representation                                                               
while the  victim in  a civil  case is not.   Ms.  Pate mentioned                                                               
that at one  time she was an  attorney for the ALSC  and thus has                                                               
an enormous  amount of respect  for the ALSC  and its work.   Ms.                                                               
Pate concluded by noting her support of HB 76.                                                                                  
                                                                                                                                
CHAIR  RAMRAS,  upon  determining  that no  one  else  wished  to                                                               
testify, closed public testimony on HB 76.                                                                                      
                                                                                                                                
2:36:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG made  a motion to adopt  Amendment 1, to                                                               
delete from page 1, line 8,  the word, "from" and replace it with                                                               
the  words,  "all  or  part  of".    There  being  no  objection,                                                               
Amendment 1 was adopted.                                                                                                        
                                                                                                                                
2:37:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN  moved  to  report  the  proposed  committee                                                               
substitute (CS) for HB 76,  Version 25-LS0349\E, Bailey, 1/23/07,                                                               
as amended, out of committee  with individual recommendations and                                                               
the accompanying zero fiscal note.                                                                                              
                                                                                                                                
REPRESENTATIVE  COGHILL  objected   and  expressed  concern  with                                                               
regard to the  creation of the civil legal  services fund because                                                               
although [technically] it isn't  a dedicated fund, the discussion                                                               
has indicated that [many will view  it as such].  He then removed                                                               
his objection.                                                                                                                  
                                                                                                                                
CHAIR  RAMRAS announced,  then,  that CSHB  76(JUD) was  reported                                                               
from the House Judiciary Standing Committee.                                                                                    
                                                                                                                                
HB 7 - FALSE CALLER IDENTIFICATION                                                                                            
                                                                                                                                
2:39:23 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced that the  final order of business would be                                                               
HOUSE   BILL  NO.   7,   "An  Act   relating   to  false   caller                                                               
identification."                                                                                                                
                                                                                                                                
2:40:04 PM                                                                                                                    
                                                                                                                                
DIRK  MOFFATT, Staff  to Representative  Bob  Lynn, Alaska  State                                                               
Legislature,  presented HB  7 on  behalf of  Representative Lynn,                                                               
one of  the bill's  prime sponsors.   He  began by  relaying that                                                               
although the technology to fool caller  ID isn't new, there is an                                                               
entire industry that  deals in caller ID spoofing.   He explained                                                               
that for the price  of a $10 calling card, one  can call a number                                                               
and dial in the false  information that the individual desires to                                                               
be  displayed.   The aforementioned  could lead  to some  serious                                                               
mischief, he  opined, and informed  the committee that  last year                                                               
U.S.  Congressman Tim  Murphy of  Pennsylvania testified  on this                                                               
issue  as a  victim of  caller ID  spoofing.   He noted  that the                                                               
committee  packet  should include  other  examples  of caller  ID                                                               
spoofing.   House  Bill 7,  he offered,  will make  it a  class B                                                               
misdemeanor for  anyone -  with the  exception of  legitimate law                                                               
enforcement,  intelligence, and  security agencies  - to  falsify                                                               
caller  ID information.   In  conclusion, Mr.  Moffatt asked  for                                                               
members' support of HB 7.                                                                                                       
                                                                                                                                
REPRESENTATIVE  GRUENBERG opined  that the  language of  HB 7  is                                                               
unclear  regarding  whether  each  call  would  be  considered  a                                                               
separate offense  or whether  it must be  a continuous  course of                                                               
conduct that  would constitute  one offense.   He  suggested that                                                               
making each  call a separate  offense would put "some  real teeth                                                               
into this."                                                                                                                     
                                                                                                                                
REPRESENTATIVE LYNN  indicated that  he would discuss  the matter                                                               
further with Representative Gruenberg.                                                                                          
                                                                                                                                
REPRESENTATIVE  COGHILL expressed  an interest  in learning  what                                                               
resources would be needed to  implement this legislation and take                                                               
a class B misdemeanor through  court to its final conclusion, and                                                               
asked which  agency would  primarily handle the  cases.   He also                                                               
asked  about  the  practical  workings  of  the  cases,  such  as                                                               
possible problems with technology and obtaining proof.                                                                          
                                                                                                                                
MR.  MOFFATT pointed  out that  currently the  legislation has  a                                                               
zero fiscal note because the  agencies contacted don't see caller                                                               
ID spoofing  as a  large problem  yet.   He acknowledged  that it                                                               
could be difficult to catch someone spoofing caller ID.                                                                         
                                                                                                                                
REPRESENTATIVE COGHILL expressed an  interest in hearing from the                                                               
Department  of Public  Safety  (DPS) and  the  Department of  Law                                                               
(DOL)  because  he  has  seen  that  there  are  difficulties  in                                                               
applying misdemeanor laws in Alaska.                                                                                            
                                                                                                                                
REPRESENTATIVE  LYNN concluded  by  highlighting the  need to  be                                                               
proactive on this issue as HB 7 attempts to do.                                                                                 
                                                                                                                                
[HB 7 was held over.]                                                                                                           
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Judiciary Standing Committee meeting was adjourned at 2:49 p.m.                                                                 
| Document Name | Date/Time | Subjects | 
|---|