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.
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