02/08/2008 01:00 PM House JUDICIARY
| Audio | Topic | 
|---|---|
| Start | |
| HB307 | |
| HB281 | |
| Adjourn | 
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 307 | TELECONFERENCED | |
| += | HB 237 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 281 | TELECONFERENCED | |
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                        February 8, 2008                                                                                        
                           1:03 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Jay Ramras, Chair                                                                                                
Representative Nancy Dahlstrom, Vice Chair                                                                                      
Representative John Coghill                                                                                                     
Representative Bob Lynn (via teleconference)                                                                                    
Representative Ralph Samuels                                                                                                    
Representative Lindsey Holmes                                                                                                   
Representative Mike Doogan                                                                                                      
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Representative Craig Johnson                                                                                                    
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 307                                                                                                              
"An Act relating to penalizing certain misdemeanor domestic                                                                     
violence offenses as felonies."                                                                                                 
                                                                                                                                
     - MOVED HB 307 OUT OF COMMITTEE                                                                                            
                                                                                                                                
HOUSE BILL NO. 281                                                                                                              
"An Act extending the statute of limitations for the filing of                                                                  
complaints with the Alaska Public Offices Commission involving                                                                  
state election campaigns."                                                                                                      
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
HOUSE BILL NO. 237                                                                                                              
"An Act  authorizing the governor  to remove or suspend  a member                                                               
of the  Board of  Regents of  the University  of Alaska  for good                                                               
cause; establishing a procedure for  the removal or suspension of                                                               
a regent; and providing for an effective date."                                                                                 
                                                                                                                                
     - BILL HEARING CANCELED                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 307                                                                                                                  
SHORT TITLE: DOMESTIC VIOLENCE OFFENSES                                                                                         
SPONSOR(S):    REPRESENTATIVE(S)    HOLMES,   GARA,    DAHLSTROM,                                                               
FAIRCLOUGH, JOHNSON, BUCH, HARRIS, DOLL                                                                                         
                                                                                                                                
01/11/08       (H)       PREFILE RELEASED 1/11/08                                                                               
01/15/08       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/15/08       (H)       JUD, FIN                                                                                               
02/08/08       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: HB 281                                                                                                                  
SHORT TITLE: CAMPAIGN FINANCE COMPLAINTS                                                                                        
SPONSOR(S): REPRESENTATIVE(S) LYNN, GATTO                                                                                       
                                                                                                                                
01/04/08       (H)       PREFILE RELEASED 1/4/08                                                                                
01/15/08       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/15/08       (H)       STA, JUD                                                                                               
01/17/08       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
01/17/08       (H)       Heard & Held                                                                                           
01/17/08       (H)       MINUTE(STA)                                                                                            
01/19/08       (H)       STA AT 11:00 AM CAPITOL 106                                                                            
01/19/08       (H)       Moved CSHB 281(STA) Out of Committee                                                                   
01/19/08       (H)       MINUTE(STA)                                                                                            
01/22/08       (H)       STA RPT CS(STA) NT 1DP 3NR 2AM                                                                         
01/22/08       (H)       DP: LYNN                                                                                               
01/22/08       (H)       NR: ROSES, COGHILL, DOLL                                                                               
01/22/08       (H)       AM: JOHNSON, JOHANSEN                                                                                  
01/22/08       (H)       FIN REFERRAL ADDED AFTER JUD                                                                           
01/25/08       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
01/25/08       (H)       -- MEETING CANCELED --                                                                                 
02/01/08       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/01/08       (H)       Heard & Held                                                                                           
02/01/08       (H)       MINUTE(JUD)                                                                                            
02/06/08       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/06/08       (H)       <Bill Hearing Rescheduled to 02/08/08>                                                                 
02/08/08       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE ANNA FAIRCLOUGH                                                                                                  
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Provided comments as a joint prime sponsor                                                               
of HB 307.                                                                                                                      
                                                                                                                                
GERALD LUCKHAUPT, Attorney                                                                                                      
Legislative Legal Counsel                                                                                                       
Legislative Legal and Research Services                                                                                         
Legislative Affairs Agency (LAA)                                                                                                
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  As the drafter, responded to questions                                                                   
during discussion of HB 307.                                                                                                    
                                                                                                                                
PEGGY BROWN, Executive Director                                                                                                 
Alaska Network on Domestic Violence & Sexual Assault (ANDVSA)                                                                   
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of HB 307, but                                                                      
expressed concerns.                                                                                                             
                                                                                                                                
CHRIS ASHENBRENNER, Executive Director                                                                                          
Council on Domestic Violence and Sexual Assault (CDVSA)                                                                         
Department of Public Safety (DPS)                                                                                               
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Indicated support of HB 307.                                                                             
                                                                                                                                
JEFFREY LANDVATTER                                                                                                              
Public Safety Employees Association, Inc. (PSEA);                                                                               
State Trooper                                                                                                                   
A Detachment                                                                                                                    
Division of Alaska State Troopers                                                                                               
Department of Public Safety (DPS)                                                                                               
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Provided comments during discussion of                                                                   
HB 307.                                                                                                                         
                                                                                                                                
MELANIE JAMES, Domestic Violence Sexual Assault (DVSA) Advocate                                                                 
SeaView Community Services ("SeaView")                                                                                          
Seward, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of HB 307.                                                                          
                                                                                                                                
TIM WHEELER                                                                                                                     
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Provided comments during discussion of                                                                   
HB 307.                                                                                                                         
                                                                                                                                
JUDY CORDELL, Executive Director                                                                                                
Abused Women's Aid in Crises (AWAIC)                                                                                            
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of the concept of                                                                   
HB 307, but expressed concerns.                                                                                                 
                                                                                                                                
RICK SVOBODNY, Deputy Attorney General                                                                                          
Central Office                                                                                                                  
Criminal Division                                                                                                               
Department of Law (DOL)                                                                                                         
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Responded to  questions during discussion of                                                             
HB  307, and  indicated support  of the  concept embodied  in the                                                               
bill.                                                                                                                           
                                                                                                                                
BROOKE MILES, Director                                                                                                          
Alaska Public Offices Commission (APOC)                                                                                         
Department of Administration (DOA)                                                                                              
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:     Provided   comments  and   responded  to                                                             
questions during discussion of HB 281.                                                                                          
                                                                                                                                
SHIRLEY R. DEAN, Commissioner                                                                                                   
Alaska Public Offices Commission (APOC)                                                                                         
Department of Administration (DOA)                                                                                              
Douglas, Alaska                                                                                                                 
POSITION  STATEMENT:    Provided comments  during  discussion  of                                                             
HB 281.                                                                                                                         
                                                                                                                                
JANET  DeYOUNG,  Chief  Assistant Attorney  General  -  Statewide                                                               
Section Supervisor                                                                                                              
Labor and State Affairs Section                                                                                                 
Civil Division (Anchorage)                                                                                                      
Department of Law (DOL)                                                                                                         
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Responded to  questions during discussion of                                                             
HB 281.                                                                                                                         
                                                                                                                                
JOYCE ANDERSON, Ethics Committee Administrator                                                                                  
Select Committee on Legislative Ethics                                                                                          
Alaska State Legislature                                                                                                        
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:    Provided comments  during  discussion  of                                                             
HB 281.                                                                                                                         
                                                                                                                                
MIKE SICA, Staff                                                                                                                
to Representative Bob Lynn                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   During discussion of HB  281, provided some                                                             
information on behalf  of Representative Lynn, one  of the bill's                                                               
joint prime sponsors.                                                                                                           
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR JAY  RAMRAS called the  House Judiciary  Standing Committee                                                             
meeting  to  order  at  1:03:37  PM.    Representatives  Coghill,                                                             
Samuels, Holmes,  Doogan, Dahlstrom,  and Ramras were  present at                                                               
the  call to  order.   Representative  Lynn (via  teleconference)                                                               
arrived as the  meeting was in progress.   Representative Johnson                                                               
was also in attendance.                                                                                                         
                                                                                                                                
HB 307 - DOMESTIC VIOLENCE OFFENSES                                                                                           
                                                                                                                                
1:04:07 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced that the  first order of business would be                                                               
HOUSE  BILL  NO. 307,  "An  Act  relating to  penalizing  certain                                                               
misdemeanor domestic violence offenses as felonies."                                                                            
                                                                                                                                
1:05:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOLMES, speaking as one  of the bill's joint prime                                                               
sponsors, said that  HB 307 is intended to  address Alaska's high                                                               
rate of domestic  violence (DV), and proposes  something that was                                                               
recommended by the  task force created by  legislation last year.                                                               
Over  6,000 cases  of DV  in Alaska  were reported  in 2005,  and                                                               
Alaska ranks highest in the  nation with regard to female victims                                                               
killed by  male perpetrators  [of DV].   House Bill  307 provides                                                               
that if one  has been convicted twice before for  DV crimes, then                                                               
the third  [or subsequent] conviction  for a DV crime  will bring                                                               
with it a class C felony  penalty.  Referring to the U.S. Supreme                                                               
Court case, Blakely v. Washington,  124 S. Ct. 2531 (U.S., 2004),                                                             
she  mentioned that  the proposed  increased  penalty might  only                                                               
apply in  situations in which  the prior DV offenses  occur after                                                               
the  effective  date  of the  Act.    By  the  time a  person  is                                                               
convicted  of  more  than  two DV  crimes,  he/she  has  probably                                                               
committed many  more such crimes,  and so  a message needs  to be                                                               
sent that this type of behavior is unacceptable.                                                                                
                                                                                                                                
REPRESENTATIVE  DAHLSTROM, speaking  as one  of the  bill's joint                                                               
prime sponsors, remarked  that HB 307 takes a  small step towards                                                               
addressing the problem of DV in Alaska.                                                                                         
                                                                                                                                
1:11:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   ANNA  FAIRCLOUGH,   Alaska  State   Legislature,                                                               
speaking  as one  of the  bill's joint  prime sponsors,  said she                                                               
supports HB  307, and asked  the committee to  do the same.   She                                                               
noted  that  another legislator  has  said,  "What we  allow,  we                                                               
encourage."   Therefore,  she opined,  if people  start to  "dis-                                                               
incentivize" acceptance  of violence  in the home,  then domestic                                                               
violence will start to be reduced.                                                                                              
                                                                                                                                
REPRESENTATIVE SAMUELS pointed out,  though, that the language on                                                               
page  2,  lines  7-8,  says  in  part,  "References  to  previous                                                               
convictions  include   convictions  before,  on,  or   after  the                                                               
effective date of this Act",  and expressed a preference for that                                                               
concept as opposed to requiring  that the prior convictions occur                                                               
after the bill's effective date.                                                                                                
                                                                                                                                
REPRESENTATIVE HOLMES  relayed that that  issue has not  yet been                                                               
clarified.                                                                                                                      
                                                                                                                                
1:15:02 PM                                                                                                                    
                                                                                                                                
GERALD   LUCKHAUPT,   Attorney,    Legislative   Legal   Counsel,                                                               
Legislative  Legal  and  Research Services,  Legislative  Affairs                                                               
Agency (LAA), speaking as the  drafter, in response to a question                                                               
regarding  Section  2  of  HB  307, explained  that  a  third  or                                                               
subsequent DV  crime, even if  that third or subsequent  DV crime                                                               
is  a misdemeanor,  will subject  the  perpetrator to  a class  C                                                               
felony  penalty.   Characterizing  that  third  or subsequent  DV                                                               
crime as  an inchoate crime, he  explained that it will  become a                                                               
class  C  felony crime  once  the  predicate  DV crimes  and  the                                                               
elements of that current DV crime  are proven.  He noted that the                                                               
way he  drafted the language  of Section  2, it specifies  that a                                                               
third or  subsequent DV crime will  both become a class  C felony                                                               
crime and  subject the perpetrator  to a class C  felony penalty.                                                               
In  response to  questions, he  indicated that  existing statutes                                                               
provide for a  similar increase in levels of  crime and penalties                                                               
for  multiple  driving  under  the  influence  (DUI)  crimes  and                                                               
multiple  shoplifting crimes,  and for  an increase  in penalties                                                               
for  certain multiple  felony crimes.    He observed  that it  is                                                               
within the  purview of  the legislature  to determine  what level                                                               
crimes  should be  and to  establish penalties  for crimes  as it                                                               
sees fit.                                                                                                                       
                                                                                                                                
MR. LUCKHAUPT  said that  HB 307  is designed to  look back  at a                                                               
perpetrator's prior DV  crimes, and pointed out  that in Blakely,                                                             
Justice Scalia  specifically stated that the  court's decision in                                                               
Blakely  doesn't  apply to  prior  convictions;  in other  words,                                                             
prior  convictions don't  have  to  be proven  to  a  jury.   Mr.                                                               
Luckhaupt  reiterated that  prior convictions  are already  being                                                               
taken into consideration  for other types of  crimes, adding that                                                               
after Blakely, the state's sentencing  statutes were rewritten to                                                             
specifically say that the fact  of prior convictions doesn't have                                                               
to be  proven to a  jury.  Furthermore, although  the prosecution                                                               
might be required  to prove to a jury that  the prior convictions                                                               
were  really for  violent crimes  occurring  against a  household                                                               
member,  since that  is  what distinguishes  DV  crimes from  all                                                               
other violent  crimes against a person,  the sentences themselves                                                               
for  the prior  convictions might  provide sufficient  indication                                                               
that they were  for DV crimes, thus alleviating the  need to have                                                               
the  jury consider  the  fact  that the  victim  was a  household                                                               
member of the perpetrator.                                                                                                      
                                                                                                                                
MR. LUCKHAUPT  referred to the  memorandum [included  in members'                                                               
packets] he'd written on this  issue, and explained that the U.S.                                                               
Supreme Court considered a similar  federal law providing greater                                                               
punishment for those  committing multiple, aggravated burglaries,                                                               
and  ruled  that  if  the  sentences  themselves  don't  indicate                                                               
whether the prior convictions were for  same type of crime as the                                                               
current crime, then  the fact that they were must  be proven to a                                                               
jury  in  order to  comply  with  Blakely.    The court  in  that                                                             
aforementioned case,  however, acknowledged that  Blakely doesn't                                                             
really favor defendants who don't wish  to have a jury hear about                                                               
prior convictions at  all.  He surmised, therefore,  that even if                                                               
Blakely somehow  applies with regard  to HB  307 and the  fact of                                                             
the prior  convictions must be proven  to a jury, doing  so might                                                               
not be "all that terrible" from a prosecutorial standpoint.                                                                     
                                                                                                                                
1:22:47 PM                                                                                                                    
                                                                                                                                
PEGGY  BROWN,  Executive  Director, Alaska  Network  on  Domestic                                                               
Violence  & Sexual  Assault  (ANDVSA), said  that  the ANDVSA  is                                                               
1,000  percent  in support  of  HB  307, which,  by  specifically                                                               
targeting  repeat  DV  offenders,   would  send  a  message  that                                                               
domestic violence is  a very serious crime and will  no longer be                                                               
tolerated.   However, the  ANDVSA is  concerned that  the current                                                               
system  doesn't have  a  way  to track  how  many  DV crimes  are                                                               
actually charged as such but  then "plead down" to lesser crimes;                                                               
if it is not known how  often such occurs, then simply increasing                                                               
the penalty  to a  felony for  a third  or subsequent  DV offense                                                               
might just be giving DV perpetrators  more to bargain over.  This                                                               
lack of  information means that  even if  HB 307 becomes  law, no                                                               
one will really  know how effective it is or  what impact it has.                                                               
For  example,  even  though Nevada  passed  similar  legislation,                                                               
authorities there have indicated that  they don't really know how                                                               
effective  their   law  is   or  what   impact  it's   having  on                                                               
perpetrators.                                                                                                                   
                                                                                                                                
MS. BROWN relayed that another  of the ANDVSA's concerns pertains                                                               
to  how HB  307 will  affect women,  particularly those  in rural                                                               
Alaska,  who [mistakenly]  get arrested  for  DV under  "Alaska's                                                               
mandatory arrest  law," since they  are unlikely to  contest such                                                               
charges  because  they  feel  they  must  return  home  to  their                                                               
children as soon as possible and  they are not educated about the                                                               
consequences  of allowing  such charges  to go  uncontested.   In                                                               
closing, she relayed  that the ANDVSA is also  concerned with the                                                               
lack of prosecutors in Alaska.                                                                                                  
                                                                                                                                
REPRESENTATIVE  HOLMES relayed  that  Section 1  of  the bill  is                                                               
intended  to address  the ANDVSA's  concern  regarding women  who                                                               
mistakenly get  arrested for DV  under Alaska's  mandatory arrest                                                               
law;  Section 1  [which adds  language to  the uncodified  law of                                                               
Alaska]  states that  before  accepting a  plea,  the judge  must                                                               
determine that  the person being  charged under Section 2  of the                                                               
bill really is the aggressor and not the victim.                                                                                
                                                                                                                                
MS. BROWN  thanked the joint  prime sponsors for  addressing that                                                               
point.                                                                                                                          
                                                                                                                                
REPRESENTATIVE   DAHLSTROM  concurred   that  the   sponsors  are                                                               
attempting to address that issue.                                                                                               
                                                                                                                                
1:31:34 PM                                                                                                                    
                                                                                                                                
CHRIS  ASHENBRENNER,  Executive  Director,  Council  on  Domestic                                                               
Violence and Sexual Assault (CDVSA),  Department of Public Safety                                                               
(DPS), relayed that  the CDVSA has submitted a  letter of support                                                               
for HB 307.   Domestic violence is an  extremely serious problem,                                                               
and the goal  is to reduce it  and eliminate it.   House Bill 307                                                               
will  help send  the message  that DV  will not  be tolerated  in                                                               
Alaska, and  society's response to  DV is the key  to eliminating                                                               
it.   Repeat DV  offenders just  seem to  keep getting  away with                                                               
their  DV  crimes, and  don't  seem  to  care about  the  current                                                               
penalties.  Serving three days, ten  days, or thirty days in jail                                                               
is not much of a deterrent  for repeat DV offenders, she relayed,                                                               
adding  that  it's  quite  telling  when  a  victim  of  domestic                                                               
violence says, "I  don't want him to go to  jail because he'll be                                                               
out in  a few  days and  then he'll really  be pissed  off"; that                                                               
victim's safety was  compromised by the justice  system's lack of                                                               
[adequate]  response.   She relayed  that  as of  2005, 26  other                                                               
states  have  some sort  of  enhanced  penalties for  [repeat  DV                                                               
offenders], and said  that she and the CDVSA  believe that Alaska                                                               
should  join those  states.   Ms. Ashenbrenner  said she  concurs                                                               
with Ms.  Brown's comments and  concerns, and mentioned  that the                                                               
aforementioned task force brought  forth a lot of recommendations                                                               
to improve  the justice  system with  regard to  holding domestic                                                               
violence offenders accountable.                                                                                                 
                                                                                                                                
1:35:40 PM                                                                                                                    
                                                                                                                                
JEFFREY  LANDVATTER, Public  Safety  Employees Association,  Inc.                                                               
(PSEA);  State Trooper,  A Detachment,  Division of  Alaska State                                                               
Troopers, Department  of Public Safety (DPS),  said that domestic                                                               
violence  is   one  of  the   most  dangerous  crimes   that  law                                                               
enforcement  officers respond  to; officers  are in  a very  high                                                               
state  of alert  when  responding to  such  calls, and,  whenever                                                               
possible, at least two officers  respond in order gain control of                                                               
these very volatile  situations.  The state takes  DV crimes very                                                               
seriously, but  a repeat  offense in even  the most  dangerous DV                                                               
situations  is still  just a  misdemeanor.   House  Bill 307,  he                                                               
opined, will  send a clear message  to DV offenders that  if they                                                               
continue to commit  DV crimes, they are going to  be charged with                                                               
a felony,  adding his belief that  the proposed law will  help to                                                               
keep the  most violent offenders  off the street,  thereby making                                                               
Alaska communities safer.                                                                                                       
                                                                                                                                
1:37:09 PM                                                                                                                    
                                                                                                                                
MELANIE JAMES, Domestic Violence  Sexual Assault (DVSA) Advocate,                                                               
SeaView  Community Services  ("SeaView"), relayed  that both  she                                                               
and  SeaView support  HB  307.   A report  from  the Centers  for                                                               
Disease Control  and Prevention (CDC)  indicates that  25 percent                                                               
of women and  11 percent of men are victims  of "intimate partner                                                               
violence," and  according to her  experience as a  DVSA advocate,                                                               
she relayed, many  women are victimized by men  who have battered                                                               
all the women  they've been in relationships with.   For example,                                                               
SeaView tracked one  batterer who'd been arrested  for assault in                                                               
the  fourth degree  for  beating four  of the  women  he'd had  a                                                               
relationship with, and found he'd  been in relationships with and                                                               
beaten five other women who  never pressed charges.  Because this                                                               
man only  used his fists  when beating up his  domestic partners,                                                               
he  was never  charged with  anything other  than assault  in the                                                               
fourth degree.   House Bill 307 would give prosecutors  a tool to                                                               
remove such DV  offenders from the community for  a longer period                                                               
of time.   In conclusion,  she asked that  HB 307 be  passed from                                                               
committee.                                                                                                                      
                                                                                                                                
1:38:46 PM                                                                                                                    
                                                                                                                                
TIM WHEELER  relayed that his  22-year-old daughter  has recently                                                               
been charged  with her  second DV  crime because  the man  she is                                                               
living with assaults  her and, then, when she  struggles with him                                                               
to protect  herself, he calls  the police and reports  that she's                                                               
assaulting him, and she is the  one who ends up getting thrown in                                                               
jail.   Mr. Wheeler said he  supports HB 307, but  cautioned that                                                               
more  efforts  towards  educating  people about  the  problem  of                                                               
domestic violence  must also be  made, since his daughter  is the                                                               
third woman her current boyfriend has done this with.                                                                           
                                                                                                                                
CHAIR  RAMRAS acknowledged  that laws  sometimes have  unintended                                                               
consequences.                                                                                                                   
                                                                                                                                
1:45:59 PM                                                                                                                    
                                                                                                                                
JUDY CORDELL,  Executive Director,  Abused Women's Aid  in Crises                                                               
(AWAIC), said that  the AWAIC supports the intent of  HB 307, but                                                               
has   concerns  regarding   the  bill's   [potential]  unintended                                                               
consequences.    One  concern  pertains   to  the  lack  of  data                                                               
regarding conviction  rates; such data would  answer the question                                                               
of   whether  even   the  current   laws   are  being   enforced,                                                               
particularly   given  that   the  system   currently  allows   DV                                                               
perpetrators  to plead  down their  crimes to  disorderly conduct                                                               
and thereby  avoid any sentencing  enhancement for  subsequent DV                                                               
offenses.    Another  concern  -  as  highlighted  by  the  prior                                                               
testifier -  pertains to law  enforcement's ability  to determine                                                               
who  the "primary  aggressor" really  is in  DV situations.   Yet                                                               
another concern pertains  to HB 307's use of  the term, "domestic                                                               
violence"; specifically,  the AWAIC  would prefer that  that term                                                               
be replaced with the term, "interpersonal violence".                                                                            
                                                                                                                                
REPRESENTATIVE HOLMES concurred that  the lack of conviction data                                                               
regarding   DV  crimes   is  troubling,   and   noted  that   the                                                               
aforementioned task force has discussed that issue.                                                                             
                                                                                                                                
CHAIR  RAMRAS, after  ascertaining  that no  one  else wished  to                                                               
testify, closed public testimony on HB 307.                                                                                     
                                                                                                                                
REPRESENTATIVE  COGHILL asked  whether the  joint prime  sponsors                                                               
had  considered changing  the term,  "domestic  violence" to  the                                                               
term, "interpersonal violence".                                                                                                 
                                                                                                                                
REPRESENTATIVE HOLMES said  she had not, but  offered to research                                                               
that issue further.                                                                                                             
                                                                                                                                
REPRESENTATIVE COGHILL, noting that  such a language change might                                                               
have  an impact  on  prosecutions, asked  whether  it would  also                                                               
address  the  concern  pertaining to  [law  enforcement  officers                                                               
incorrectly charging the wrong person with a DV crime].                                                                         
                                                                                                                                
REPRESENTATIVE   HOLMES  posited   that   in   addition  to   the                                                               
requirement  outlined  in  Section  1,  prosecutorial  discretion                                                               
should also  help ensure that  the bill  won't be applied  to the                                                               
victims of DV.   She remarked, though, that she  would be willing                                                               
to  consider  possible   changes  to  HB  307   that  would  more                                                               
effectively address that issue.                                                                                                 
                                                                                                                                
1:51:51 PM                                                                                                                    
                                                                                                                                
RICK SVOBODNY, Deputy Attorney  General, Central Office, Criminal                                                               
Division, Department  of Law  (DOL), in  response to  a question,                                                               
said  that   currently  Alaska  law  doesn't   define  the  term,                                                               
"interpersonal violence".                                                                                                       
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH  concurred, but  offered that  the CDC,                                                               
at   the  federal   level,  is   considering   using  the   term,                                                               
"interpersonal  violence"   as  a  way  of   actually  preventing                                                               
interpersonal  violence.     Alaska's  law  in   that  regard  is                                                               
antiquated,  she remarked,  and  until that  term  is defined  in                                                               
Alaska  law, use  of  it  could create  problems  with regard  to                                                               
judicial interpretation.  In response  to a question, she offered                                                               
to provide the  committee with the CDC's definition  of the term,                                                               
"interpersonal violence", and indicated  a preference for keeping                                                               
the term "domestic  violence" in the bill since that  is the term                                                               
currently used in Alaska law.                                                                                                   
                                                                                                                                
MR. SVOBODNY mentioned that the  bill would apply to all offenses                                                               
under AS  11.41 -  crimes against  a person  - including  but not                                                               
limited  to offenses  such as  stalking, custodial  interference,                                                               
and reckless endangerment.                                                                                                      
                                                                                                                                
REPRESENTATIVE  SAMUELS  asked  whether   the  DOL  supports  the                                                               
language of HB 307 and the way it is structured.                                                                                
                                                                                                                                
REPRESENTATIVE LYNN relayed that he supports the bill.                                                                          
                                                                                                                                
MR. SVOBODNY  said that  he supports the  concept embodied  in HB
307,  and thinks  that those  who  repeatedly commit  misdemeanor                                                               
assault offenses  should, at  some point,  be treated  as felons.                                                               
He pointed  out, however,  that although  Section 1  requires the                                                               
court to determine whether an  offender who is pleading guilty or                                                               
no contest  to a DV crime  actually committed that crime,  such a                                                               
requirement is already  included in the Alaska Rules  of Court in                                                               
that a  court must make  a determination that there  was probable                                                               
cause that  a crime was  committed; therefore, from  a structural                                                               
standpoint,  Section 1  is not  necessary.   He also  opined that                                                               
there is a big problem  with regard to retroactivity, adding that                                                               
although he doesn't disagree with  Mr. Luckhaupt that technically                                                               
the current  language of the  bill doesn't raise a  Blakely issue                                                             
merely  because it  considers prior  offenses, it  has the  exact                                                               
same problems that Blakely had.                                                                                               
                                                                                                                                
MR. SVOBODNY  observed that currently  there is no  assault crime                                                               
that  has as  an  element of  it that  [the  perpetrator and  the                                                               
victim]  were   in  a  domestic   relationship  that   meets  the                                                               
[statutory] definition of such, and  so the court would be unable                                                               
to look  back and  find those crimes  without simply  guessing or                                                               
relying on  the opinion  of the  current prosecuting  attorney or                                                               
the  opinion of  the  judges who  sentenced  the perpetrator  for                                                               
those prior crimes, and thus  surviving a challenge on that issue                                                               
could be problematic because  the aforementioned element wouldn't                                                               
have been  proven to a  jury.  So although  one way to  deal with                                                               
such a situation would be to  simply have a new trial and present                                                               
evidence that  the prior  convictions were  for DV  crimes, there                                                               
are  both  legal  and  practical  problems with  doing  so.    He                                                               
indicated  that the  lack  of the  aforementioned  element in  DV                                                               
cases raises  "a very  interesting ex  post facto  argument," and                                                               
opined that  the bill is proposing  a major change.   He surmised                                                               
that that is why the drafter  chose to create a whole new chapter                                                               
in statute  - AS 11.21.   In conclusion, he said  he doesn't like                                                               
the structure of HB 307, but thinks the concept of it is great.                                                                 
                                                                                                                                
REPRESENTATIVE DAHLSTROM offered her belief  that not too many of                                                               
those  committing DV  crimes are  thinking  about the  timeframes                                                               
during which  they commit those  crimes - rather,  such offenders                                                               
aren't thinking to begin with.   She said she doesn't want to let                                                               
such  offenders  off  the  hook,  and  asked  that  any  proposed                                                               
amendment include a  "look back" period in Section 3  - perhaps a                                                               
period not less than nor greater than 10 years.                                                                                 
                                                                                                                                
2:01:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  COGHILL  relayed  that   he'd  been  thinking  of                                                               
offering  an amendment  that  would result  in  only those  prior                                                               
convictions occurring on or after  the effective date of the bill                                                               
being considered, and indicated that  such a change would address                                                               
some of the concerns raised.                                                                                                    
                                                                                                                                
REPRESENTATIVE COGHILL  made a  motion to  adopt Amendment  1, to                                                               
delete  from page  2,  lines 7-8,  the  language, "References  to                                                               
previous  convictions include  convictions before,  on, or  after                                                               
the effective date of this Act."                                                                                                
                                                                                                                                
REPRESENTATIVE DAHLSTROM objected for the purpose of discussion.                                                                
                                                                                                                                
REPRESENTATIVE DOOGAN  questioned whether the difficulty  is that                                                               
there wouldn't be factual proof  that a prior conviction included                                                               
the element of domestic violence.                                                                                               
                                                                                                                                
MR. SVOBODNY  concurred, adding, "We  know that it is  a domestic                                                               
violence  case because  we  ...  do keep  track  and  it makes  a                                                               
difference as  to what the  sentencing may be in  that particular                                                               
case, but we didn't prove it  to a jury," and that's what results                                                               
in a Blakely issue.                                                                                                           
                                                                                                                                
REPRESENTATIVE  DOOGAN  asked whether  there  might  be cases  in                                                               
which the element of DV has been  proven to a jury at least twice                                                               
before the effective date of the bill.                                                                                          
                                                                                                                                
MR. SVOBODNY  said not in Alaska;  "We do not have  offenses that                                                               
require proof  to a jury  that ...  this was a  domestic violence                                                               
assault or a domestic violence offense."                                                                                        
                                                                                                                                
REPRESENTATIVE  DOOGAN clarified  that  his  question is  whether                                                               
there might  be cases  in which  it had been  proven that  it was                                                               
domestic  violence,   regardless  of   whether  such   proof  was                                                               
required.                                                                                                                       
                                                                                                                                
MR.  SVOBODNY  indicated that  there  have  been cases  in  which                                                               
factually the issue of [DV] did come  up.  For example, in a case                                                               
in which a  husband hits his wife, the state  must prove that the                                                               
husband  knowingly caused  physically injury  to another  person,                                                               
and in the course of the trial,  it will come out that the person                                                               
causing  the injury  is the  victim's husband;  so factually  the                                                               
evidence  of that  would be  there, but  there is  no requirement                                                               
that the domestic relationship itself be proven to a jury.                                                                      
                                                                                                                                
2:06:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SAMUELS asked  whether, if  Amendment 1  were not                                                               
adopted, the DOL  would be able to proceed with  prosecution.  He                                                               
expressed a  preference for leaving  the language of the  bill as                                                               
is, but  not if  it would  result in  further litigation  for the                                                               
state.                                                                                                                          
                                                                                                                                
MR.  SVOBODNY said  that  if  the legislature  says  the bill  is                                                               
retroactive,  then that's  how [the  DOL] will  view it,  and the                                                               
State  will  simply   have  to  try  to  prove   that  the  prior                                                               
convictions were  for DV  offenses.   He noted  that most  of the                                                               
time,  when  a  new  law  is enacted,  the  State  pays  for  any                                                               
subsequent appeals.                                                                                                             
                                                                                                                                
REPRESENTATIVE  DAHLSTROM opined  that  Alaska should  be on  the                                                               
cutting edge in saying that  [domestic violence] is unacceptable.                                                               
By deleting  the words pertaining  to previous  convictions, then                                                               
in a  situation like the one  described by Mr. Wheeler,  the true                                                               
perpetrator of  DV won't be  held accountable for any  of his/her                                                               
previous DV  crimes.   She opined that  the legislature  ought to                                                               
ere on  the side of the  victim, and suggested that  they instead                                                               
consider another amendment  to page 2, lines 7-8,  such that only                                                               
those prior  convictions occurring  within the  last 10  years be                                                               
considered.                                                                                                                     
                                                                                                                                
2:09:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE COGHILL said that  the concept of retroactivity is                                                               
always troublesome  for him.   Saying he agrees with  the concept                                                               
of making  a third or subsequent  DV offense a felony,  he opined                                                               
that it is proper for the  legislature to make such a policy call                                                               
with regard to crimes occurring  [on or after] the effective date                                                               
of the bill.  He then  referred to the comments regarding how the                                                               
bill,  in its  existing form,  might affect  those, [particularly                                                               
in] rural areas, who've inaccurately  plead [guilty to DV crimes]                                                               
in the past.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HOLMES  asked  whether the  existing  aggravating                                                               
factor for DV assaults [AS  12.55.155(c)(18)] has to be proven to                                                               
a jury.                                                                                                                         
                                                                                                                                
MR. SVOBODNY  said that that  aggravating factor does need  to be                                                               
proven  to the  jury, but  that would  be in  a present  case and                                                               
wouldn't  address prior  convictions.   Furthermore,  aggravating                                                               
factors  apply to  felony cases.   He  suggested that  perhaps an                                                               
easy way  to address this  issue would  be to have  the predicate                                                               
crimes be any  kind of assault -  not just DV assaults.   In this                                                               
way, the  DOL would not  be faced  with having to  change history                                                               
after the fact by specifying  that the prior convictions were for                                                               
DV offenses.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SAMUELS  asked whether  the  DOL  would have  the                                                               
discretion  to  not apply  the  proposed  enhanced penalty  in  a                                                               
current DV case.                                                                                                                
                                                                                                                                
MR. SVOBODNY  said the DOL  does have that discretion,  but noted                                                               
that in  instances of  a third DUI  offense and  its accompanying                                                               
enhanced penalties,  although the  DOL doesn't  have to,  it does                                                               
try to prove the prior DUI convictions.                                                                                         
                                                                                                                                
REPRESENTATIVE  SAMUELS said  he  doesn't  consider the  language                                                               
that  Amendment 1  is proposing  to  delete to  be a  retroactive                                                               
provision  because the  bill  is addressing  a  current third  or                                                               
subsequent DV crime.                                                                                                            
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH  surmised that adoption of  Amendment 1                                                               
would  provide  for  an  opportunity  to  train  law  enforcement                                                               
officers regarding the new law  and the importance of documenting                                                               
DV crimes  correctly, and  could perhaps  minimize appeals.   She                                                               
too opined that  Alaska should be on the cutting  edge of holding                                                               
perpetrators of domestic violence accountable.                                                                                  
                                                                                                                                
REPRESENTATIVE DOOGAN  referred to Amendment 1,  and asked what's                                                               
the worst that could happen.                                                                                                    
                                                                                                                                
MR. SVOBODNY said  that the DOL could go through  with a criminal                                                               
prosecution and  obtain a  conviction and  a sentence  that might                                                               
then be overturned by the Alaska Court of Appeals.                                                                              
                                                                                                                                
2:17:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE COGHILL  withdrew Amendment 1.   He said, however,                                                               
that he doesn't  want to institute a limitation on  the look back                                                               
period as suggested by Representative Dahlstrom.                                                                                
                                                                                                                                
REPRESENTATIVE DAHLSTROM, in response  to a question, expressed a                                                               
preference for keeping the HB 307 as it's currently written.                                                                    
                                                                                                                                
REPRESENTATIVE HOLMES  referred to  Section 1, and  asked whether                                                               
it could  be improved so as  to further ensure that  the proposed                                                               
enhanced penalty isn't applied to victims of DV.                                                                                
                                                                                                                                
MR.  SVOBODNY  indicated  that   he  doesn't  have  any  specific                                                               
language  to  suggest, and  reiterated  that  before accepting  a                                                               
plea, the  courts already  have to find  probable cause  that the                                                               
crime was committed  and that it was committed by  the person who                                                               
has  been accused  of committing  it.   He acknowledged,  though,                                                               
that there  will be those  who, for  any number of  reasons, will                                                               
inaccurately plead  guilty to a  DV crime; this does  happen, but                                                               
not  with  much regularity.    Furthermore,  it is  the  district                                                               
attorney's  duty   to  correct  instances  of   incorrect  guilty                                                               
findings.                                                                                                                       
                                                                                                                                
2:21:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DAHLSTROM moved to report  HB 307 out of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.                                                                                                                          
                                                                                                                                
REPRESENTATIVE  SAMUELS  commented  that   as  HB  307  continues                                                               
through the process,  as long as the concepts of  the bill remain                                                               
intact - providing an enhanced  penalty for a third or subsequent                                                               
DV  offense and  allowing the  courts to  look back  at prior  DV                                                               
offenses -  he would be  amenable to language that  would improve                                                               
the bill.                                                                                                                       
                                                                                                                                
CHAIR  RAMRAS,  noting  that  there were  no  objections  to  the                                                               
motion,  announced  that  HB  307 was  reported  from  the  House                                                               
Judiciary Standing Committee.                                                                                                   
                                                                                                                                
HB 281 - CAMPAIGN FINANCE COMPLAINTS                                                                                          
                                                                                                                                
2:22:29 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced that the  final order of business would be                                                               
HOUSE BILL NO. 281, "An  Act extending the statute of limitations                                                               
for  the filing  of  complaints with  the  Alaska Public  Offices                                                               
Commission  involving state  election  campaigns."   [Before  the                                                               
committee was CSHB 281(STA).]                                                                                                   
                                                                                                                                
REPRESENTATIVE LYNN,  speaking as one  of the bill's  joint prime                                                               
sponsors, said that  HB 281 adds another brick  to the foundation                                                               
of [public]  trust, and  that he  would like  to see  it reported                                                               
from committee.   He mentioned  that he  does have a  conflict of                                                               
interest in  that as a legislator  he could at some  point end up                                                               
violating the bill's  provisions, but he is willing  to take that                                                               
chance  because he  feels  building up  the  foundation of  trust                                                               
between the  people of Alaska  and the state's  elected officials                                                               
is more  important than any  individual legislator.   He remarked                                                               
that recent  history clearly indicates  the need for  an increase                                                               
in the  period of time  [during which  a complaint may  be filed]                                                               
from one  [and two years] to  five years, and for  requiring that                                                               
certain  records  be  kept  for  six  years.    He  acknowledged,                                                               
however, that the  bill shouldn't cast too large  a net regarding                                                               
who  must retain  records, and  so he  would be  willing to  have                                                               
Section 1  deleted via an  amendment.   He relayed that  he would                                                               
also be amenable  to an amendment that would change  who may file                                                               
a  complaint, from  a  "registered  voter", to  a  "person".   He                                                               
concluded by  saying that HB  281 is  a proactive bill  that will                                                               
give the  Alaska Public Offices  Commission (APOC)  the essential                                                               
tools needed to protect the public trust.                                                                                       
                                                                                                                                
CHAIR  RAMRAS  noted that  members'  packets  contain a  proposed                                                               
amendment  [labeled 25-LS1115\K.3,  Finley/Bullard, 2/8/08]  that                                                               
would change "registered voter" to "person".                                                                                    
                                                                                                                                
CHAIR RAMRAS,  in response to  a question, explained that  he was                                                               
considering  offering a  conceptual amendment  that would  delete                                                               
Section  1 of  the  bill  so that  businesses  wouldn't have  the                                                               
burden  of  retaining  records  for  political  candidates.    He                                                               
mentioned that he is also  interested in deleting the language on                                                               
page 2, lines 12-13, because he  feels that when he has completed                                                               
his public  service as an elected  official, he does not  want to                                                               
find himself  in violation  of the law  simply because  he didn't                                                               
keep certain records for six years [after his last election].                                                                   
                                                                                                                                
2:29:41 PM                                                                                                                    
                                                                                                                                
BROOKE MILES, Director, Alaska  Public Offices Commission (APOC),                                                               
Department of Administration (DOA),  offered that HB 281 provides                                                               
the APOC  some important tools.   At the  top of the  APOC's wish                                                               
list regarding legislation, she relayed,  was to have the statute                                                               
of  limitations pertaining  to  campaign disclosure  [complaints]                                                               
expanded from one year.  She  also indicated that the three other                                                               
provisions of law that fall under  the purview of the APOC either                                                               
have  no  specific  statute of  limitations  or  differing  ones.                                                               
Although the  APOC had originally  requested an expansion  of the                                                               
statute of limitations to four years,  it is amenable to the five                                                               
years  proposed  by the  bill,  since  some terms  for  statewide                                                               
office  are  four years  and  there  is an  18-month  campaigning                                                               
period.  She  offered her understanding that  lobbyists, who also                                                               
fall under  the purview of  the APOC, currently have  a four-year                                                               
statute  of limitations.    The bill  also  includes a  provision                                                               
regarding the  retention of records,  because it is  difficult to                                                               
conduct an  investigation without access  to those records.   She                                                               
explained that  the APOC is in  favor of having Section  1 of the                                                               
bill  removed, thereby  allowing the  existing AS  1513.040(f) to                                                               
remain as is because it has proven to be a useful tool.                                                                         
                                                                                                                                
MS. MILES  relayed that  the APOC is  concerned about  the bill's                                                               
current  proposal to  change who  can  file a  complaint, from  a                                                               
"person", to  a "registered voter".   Alaska's  existing lobbying                                                               
laws limit who  may file a complaint to a  "qualified voter", but                                                               
the  other   laws  regarding   filing  complaints   specify  that                                                               
complaints must  be filed  by "a  person", thus  allowing anyone,                                                               
including groups  or parties, to  file a complaint.   If "person"                                                               
is  changed  to  "registered  voter" as  the  bill  is  currently                                                               
proposing,  it  would  preclude  political  parties  and  certain                                                               
groups   that  consider   themselves   watchdogs  over   Alaska's                                                               
political  process from  filing  complaints.   And although  some                                                               
legislators have  expressed fear that someone  can currently file                                                               
a  complaint while  hiding  his/her identity  behind  a group  or                                                               
party, the APOC has never had  a "secret" or "sneaky" person file                                                               
a  complaint   because  complaints  are  required   to  be  sworn                                                               
statements  and thus  anonymous complaints  aren't allowed.   The                                                               
APOC,  therefore, requests  that the  statutes regarding  who may                                                               
file a  complaint be allowed to  remain as is, using  the broader                                                               
term  "person"  as  opposed  to  the  proposed  term  "registered                                                               
voter".                                                                                                                         
                                                                                                                                
REPRESENTATIVE  SAMUELS   opined  that  a  party   or  "so-called                                                               
watchdog group" shouldn't be allowed  to file a complaint because                                                               
that enables  an individual  to hide behind  the party  or group;                                                               
only individuals should be allowed to file complaints.                                                                          
                                                                                                                                
MS. MILES pointed out that although  under current law a group or                                                               
party  may file  a complaint,  it is  still an  individual within                                                               
that organization who signs the sworn statement.                                                                                
                                                                                                                                
REPRESENTATIVE SAMUELS remarked that if  that's the case, then he                                                               
doesn't see the  advantage of allowing groups or  parties to file                                                               
a complaint.   Furthermore,  he opined, if  a person  thinks that                                                               
wrongdoing  has occurred,  he/she  should be  willing  to file  a                                                               
complaint as an individual.                                                                                                     
                                                                                                                                
2:39:43 PM                                                                                                                    
                                                                                                                                
MS.  MILES said  that from  the  APOC's point  of view,  allowing                                                               
groups or parties to file  complaints depoliticizes the complaint                                                               
process.  She then relayed that  the APOC is also concerned about                                                               
the proposed  new language  to AS 15.13.380(b)  on page  2, lines                                                               
24-26  - "The  time limitations  of  this subsection  do not  bar                                                           
proceedings   against  a   person   who  intentionally   prevents                                                           
discovery of  a violation  of this  chapter."; although  the APOC                                                           
knows that  this language  is meant  to say  that the  statute of                                                               
limitations  doesn't   apply  to   those  who   knowingly  impede                                                               
discovery,  the  inclusion of  this  language  could raise  legal                                                               
issues.   Another of the  APOC's concerns pertains to  Section 6,                                                               
which  proposes a  new subsection  to  AS 24.45.131  and says  in                                                               
part,  "(d) If  a member  of the  commission or  a member  of its                                                               
staff files a complaint, that  member of the commission or member                                                               
of  its  staff may  not  participate  in  any proceeding  of  the                                                               
commission  relating to  the complaint."   She  offered that  the                                                               
APOC has found this provision to  be unworkable.  First of all, a                                                               
commission  member would  never file  a complaint,  though he/she                                                               
may ask staff  to review facts to determine  whether staff should                                                               
initiate a complaint.   The language in Section  6 would preclude                                                               
staff from filing complaints.                                                                                                   
                                                                                                                                
MS. MILES,  in response to  a question, indicated  that different                                                               
commission  members  have in  the  past  recused themselves  from                                                               
participating in  a particular complaint  [because of  a conflict                                                               
of interest].                                                                                                                   
                                                                                                                                
REPRESENTATIVE  COGHILL noted  that  Section  9 contains  similar                                                               
language,  and  asked  whether  it  would  be  better  to  remove                                                               
Sections 6 and 9 and thereby stay with the existing procedure.                                                                  
                                                                                                                                
MS. MILES clarified  that the APOC would prefer  that Sections 6,                                                               
9, and 10 be deleted [because of that language].                                                                                
                                                                                                                                
REPRESENTATIVE COGHILL, noting  that commission members currently                                                               
have authority  to levy  fines, said  he doesn't  want commission                                                               
members to be  the drivers of the complaints,  the discoverers of                                                               
all  pertinent information,  and the  leviers of  the fines.   He                                                               
therefore  expressed favor  with  the concept  of deleting  those                                                               
sections.  He surmised that  the aforementioned language wound up                                                               
being added simply  because it exists in  the statutes pertaining                                                               
to the  Select Committee on  Legislative Ethics.  He  expressed a                                                               
preference for having a committee  substitute (CS) brought before                                                               
the committee that would address  the concerns regarding Sections                                                               
6, 9, and 10.                                                                                                                   
                                                                                                                                
CHAIR RAMRAS  indicated that he  doesn't want to make  changes to                                                               
statute just  for appearances sake,  and that he would  prefer to                                                               
have  a CS  that only  addresses specific  problems with  current                                                               
statute.                                                                                                                        
                                                                                                                                
2:47:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN pointed  out the intent of HB 281  is to give                                                               
the  APOC and  the  Select Committee  on  Legislative Ethics  the                                                               
tools they need to do the job they've been created to do.                                                                       
                                                                                                                                
MS. MILES  posited that  the language on  page 2,  lines [21-23],                                                               
[which   is  part   of  existing   AS  15.13.380(b),]   addresses                                                               
[Representative Coghill's] concern  regarding commission members'                                                               
activities  during the  complaint process,  and relayed  that the                                                               
APOC  is  comfortable with  that  language,  which reads,  "If  a                                                               
member of  the commission  has filed  the complaint,  that member                                                               
may not  participate as a  commissioner in any proceeding  of the                                                               
commission  with respect  to  the complaint".    She indicated  a                                                               
preference for  not having a  similar restriction placed  on APOC                                                               
staff.                                                                                                                          
                                                                                                                                
2:49:28 PM                                                                                                                    
                                                                                                                                
SHIRLEY R.  DEAN, Commissioner, Alaska Public  Offices Commission                                                               
(APOC),  Department  of   Administration  (DOA),  concurred,  and                                                               
relayed that as far as she  is aware, no commissioner of the APOC                                                               
has  ever filed  a  complaint.   She  characterized the  proposed                                                               
expansions of the period of time  during which a complaint may be                                                               
filed  and the  period  of  time that  records  must  be kept  as                                                               
benefiting the people of Alaska and [APOC commissioners].                                                                       
                                                                                                                                
REPRESENTATIVE DOOGAN asked whether APOC  staff, if made aware of                                                               
a  possible  violation,  can  both  file  a  complaint  and  then                                                               
investigate it.                                                                                                                 
                                                                                                                                
MS. MILES said that under current law  staff can do so as long as                                                               
the [complaint] is filed within one year.                                                                                       
                                                                                                                                
MS. DEAN  added that if  a possible violation doesn't  fall under                                                               
the  purview of  the APOC,  the  APOC would  refer it  on to  the                                                               
appropriate entity.                                                                                                             
                                                                                                                                
REPRESENTATIVE DOOGAN  surmised that  at issue  is the  length of                                                               
the  statute  of limitations  regarding  when  complaints can  be                                                               
filed.                                                                                                                          
                                                                                                                                
MS. MILES concurred.                                                                                                            
                                                                                                                                
2:52:51 PM                                                                                                                    
                                                                                                                                
JANET  DeYOUNG,  Chief  Assistant Attorney  General  -  Statewide                                                               
Section  Supervisor,  Labor  and  State  Affairs  Section,  Civil                                                               
Division (Anchorage), Department  of Law (DOL), in  response to a                                                               
question, said that the current  penalties for a violation of the                                                               
programs administered by  the APOC range from $10 per  day to $50                                                               
per day  depending on  the specific program.   Although  the APOC                                                               
has  discretion  to  take  various   factors  into  account  when                                                               
assessing a  penalty, the  penalty structure  is pretty  much the                                                               
same for each program regardless of the violation.                                                                              
                                                                                                                                
REPRESENTATIVE COGHILL asked what would  be a reason for filing a                                                               
civil action under [the laws being addressed by the bill].                                                                      
                                                                                                                                
MS.  DeYOUNG,  to  illustrate  an  example,  relayed  that  she'd                                                               
participated in  an action  that was brought  by a  citizen under                                                               
the  legislative financial  disclosure law,  and that  particular                                                               
case  was a  challenge  to  an election  on  the  basis that  the                                                               
conflict of interest statement was inaccurate.                                                                                  
                                                                                                                                
REPRESENTATIVE  COGHILL  surmised,  then,   that  there  are  two                                                               
courses of action available:  one  pertains to the ability of the                                                               
APOC to levy a penalty, and  the other pertains to the ability of                                                               
a person to  bring a civil suit.  Extending  the time period that                                                               
records should be kept speaks to both types of action.                                                                          
                                                                                                                                
REPRESENTATIVE SAMUELS asked  how soon the APOC must  act after a                                                               
complaint is filed.                                                                                                             
                                                                                                                                
MS.  DeYOUNG said  that  under  current law  -  a combination  of                                                               
regulation and statute  - there is a specific  time period during                                                               
which the  matter must come  before the  APOC.  Also,  either the                                                               
complaint  filer   or  the   respondent  can   request  expedited                                                               
attention, which  [if granted] requires that  action occur within                                                               
60 days.                                                                                                                        
                                                                                                                                
REPRESENTATIVE SAMUELS  surmised, then, that if  the APOC doesn't                                                               
act on a complaint within 60  days, it can't then go forward with                                                               
the complaint.                                                                                                                  
                                                                                                                                
MS. DeYOUNG clarified  that the 60-day deadline  only pertains to                                                               
the expedited  process.  Furthermore,  extensions can  be granted                                                               
for  those complaints  that are  not going  through an  expedited                                                               
process.   She  offered as  example situations  involving special                                                               
sessions and legislative immunity  from compulsory process.  That                                                               
legislative  immunity  always  goes  into  effect  any  time  the                                                               
legislature  is  in session,  and,  to  some extent,  limits  the                                                               
APOC's ability to  conduct investigations and hold  hearings.  In                                                               
response to  a question,  she concurred  that in  such instances,                                                               
once the special session is over,  the APOC can continue with the                                                               
complaint process.                                                                                                              
                                                                                                                                
2:59:12 PM                                                                                                                    
                                                                                                                                
JOYCE ANDERSON, Ethics  Committee Administrator, Select Committee                                                               
on  Legislative Ethics,  Alaska State  Legislature, offered  that                                                               
the  complaint process  of the  Select  Committee on  Legislative                                                               
Ethics is  a little  bit different  than that of  the APOC.   She                                                               
noted  that  HB  281  is  proposing  to  change  the  statute  of                                                               
limitations  regarding when  a complaint  may be  filed with  the                                                               
Select  Committee  on Legislative  Ethics  to  five years.    Ms.                                                               
Anderson said she  would echo Ms. Miles's  comments regarding any                                                               
"person"  filing a  complaint versus  only a  "registered voter".                                                               
Furthermore,  although  the  Legislative Ethics  Act  has  always                                                               
stipulated that any "person" can  file a complaint, with the term                                                               
"person"  including individuals  and organizations,  Ms. Anderson                                                               
said  that she  isn't aware  of  any complaint  ever having  been                                                               
filed with  the Select Committee  on Legislative Ethics  that was                                                               
filed by anyone other than an individual person.                                                                                
                                                                                                                                
CHAIR  RAMRAS, after  ascertaining  that no  one  else wished  to                                                               
testify, closed public testimony on HB 281.                                                                                     
                                                                                                                                
3:02:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HOLMES  made  a  motion  to  adopt  Amendment  1,                                                               
labeled 25-LS1115\K.3, Finley/Bullard, 2/8/08, which read:                                                                      
                                                                                                                                
     Page 2, line 18:                                                                                                           
          Delete "registered voter [PERSON]"                                                                                
          Insert "person"                                                                                                       
                                                                                                                                
     Page 3, lines 14 - 15:                                                                                                     
          Delete "registered [QUALIFIED] voter"                                                                             
          Insert "person [QUALIFIED VOTER]"                                                                                 
                                                                                                                                
     Page 3, line 24:                                                                                                           
          Delete "registered voter"                                                                                             
          Insert "person"                                                                                                       
                                                                                                                                
     Page 4, line 17:                                                                                                           
          Delete "registered voter"                                                                                             
          Insert "person"                                                                                                       
                                                                                                                                
     Page 4, line 27:                                                                                                           
          Delete "registered voter"                                                                                             
          Insert "person"                                                                                                       
                                                                                                                                
     Page 5, lines 6 - 7:                                                                                                       
          Delete "registered [QUALIFIED] Alaska voter"                                                                      
     Insert "person [QUALIFIED ALASKA VOTER]"                                                                               
                                                                                                                                
REPRESENTATIVE  SAMUELS objected,  and  said he  agrees with  the                                                               
goal of depoliticizing the complaint  process, but disagrees that                                                               
[allowing  organizations and  parties  to  file complaints]  will                                                               
accomplish that goal.                                                                                                           
                                                                                                                                
MS. MILES  said that the  APOC feels that  allowing organizations                                                               
and  political   parties  to  file  complaints   would  make  the                                                               
complaint process  less "Jane  versus Joe."   She  suggested that                                                               
perhaps  using the  term  "individual"  would alleviate  members'                                                               
concerns  with the  terms "person"  and  "registered voter",  but                                                               
mentioned  that  she's not  yet  had  a  chance to  discuss  this                                                               
suggestion with APOC commissioners.                                                                                             
                                                                                                                                
REPRESENTATIVE  SAMUELS  said  he  doesn't have  a  problem  with                                                               
allowing  someone  who  is  not  a registered  voter  to  file  a                                                               
complaint.    However,  he  remarked,  it  seems  that  replacing                                                               
"person"  with  "individual"  would   have  the  same  effect  as                                                               
replacing  "person" with  "registered voter"  with regard  to the                                                               
APOC's  view  that  using the  term  "person"  depoliticizes  the                                                               
complaint process.                                                                                                              
                                                                                                                                
MS. MILES,  on the  issue of  who has  filed complaints  with the                                                               
APOC, offered her understanding  that Representative Lynn's staff                                                               
has prepared  some statistics  which might  prove helpful  to the                                                               
committee.                                                                                                                      
                                                                                                                                
3:05:44 PM                                                                                                                    
                                                                                                                                
MIKE  SICA,  Staff  to  Representative  Bob  Lynn,  Alaska  State                                                               
Legislature, on behalf  of Representative Lynn, one  of the joint                                                               
prime sponsors  of HB  281, relayed that  research of  the APOC's                                                               
files  indicates   that  complaints   have  been  filed   by  the                                                               
Democratic Party,  the Republican Party, the  Republican Moderate                                                               
Party,   the  Alaska   Independent   Party,  various   districts'                                                               
political  organizations,  the  Alaska Public  Interest  Research                                                               
Group (AkPIRG),  the Anchorage  Education Association,  the "Cook                                                               
Inlet   Driftnet  Association,"   the  Alaska   Support  Industry                                                               
Alliance,  and the  "Denali  Citizens Against  Taxes."   He  also                                                               
noted that  in researching other  states' statutes  regarding who                                                               
can file  a similar  complaint, he couldn't  find even  one state                                                               
that restricted  filing to a  "registered voter" or  a "qualified                                                               
voter".                                                                                                                         
                                                                                                                                
REPRESENTATIVE  SAMUELS questioned  whether  other states  define                                                               
"person" to include a corporate entity.                                                                                         
                                                                                                                                
MR. SICA indicated that he'd not researched that point.                                                                         
                                                                                                                                
REPRESENTATIVE  HOLMES offered  her understanding  that in  legal                                                               
usage,   the  word   "person"  generally   includes  groups   and                                                               
corporations.                                                                                                                   
                                                                                                                                
CHAIR  RAMRAS,  in  response  to a  comment,  surmised  that  the                                                               
question  seems  to  be  whether using  "person"  in  Alaska  law                                                               
provides  an  individual  trying   to  manipulate  the  complaint                                                               
process too much anonymity.                                                                                                     
                                                                                                                                
REPRESENTATIVE LYNN  pointed out that  even in instances  where a                                                               
complaint is filed by an  organization, it is still an individual                                                               
that  signs the  complaint.   He said  he assumes  that before  a                                                               
group  files a  complaint,  it has  met and  agreed  to file  the                                                               
complaint.                                                                                                                      
                                                                                                                                
CHAIR RAMRAS  argued that that  might not  be true in  all cases,                                                               
particularly given the structure of some groups.                                                                                
                                                                                                                                
REPRESENTATIVE DOOGAN said  he finds it difficult  to conceive of                                                               
a situation  in which  an accusation  against someone  engaged in                                                               
political activity  can be depoliticized.   He opined, therefore,                                                               
that the  legislature shouldn't  be doing  anything to  limit the                                                               
class  of people  who can  file a  complaint, particularly  since                                                               
there has not been any compelling reason offered for doing so.                                                                  
                                                                                                                                
3:09:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOLMES said  that given that even if  it's a group                                                               
that's filing  a complaint,  it's an individual  who has  to sign                                                               
the complaint form, and so the  respondent would have the name of                                                               
that  person.   She surmised  that it  would be  helpful for  the                                                               
respondent to  know that a  complaint is  coming from a  group as                                                               
opposed to just a single person.                                                                                                
                                                                                                                                
REPRESENTATIVE  SAMUELS  expressed  concern  that  an  individual                                                               
wanting to file  a complaint could simply  create an organization                                                               
and  then  use  the  name  of  that  organization  to  label  the                                                               
respondent  of the  complaint and  make him/her  look bad  in the                                                               
media.                                                                                                                          
                                                                                                                                
REPRESENTATIVE DOOGAN said  that one reason a  group might decide                                                               
to file  a complaint is so  that the cost of  proceeding with the                                                               
compliant  will  be  borne  by  the group  rather  than  just  an                                                               
individual.                                                                                                                     
                                                                                                                                
CHAIR  RAMRAS asked  how much  time  and expense  is involved  in                                                               
filing a compliant.                                                                                                             
                                                                                                                                
MS. MILES  said it  depends on the  complexity of  the complaint.                                                               
For example,  some complainants have come  forth with significant                                                               
documentation, which  takes time and  money to compile,  and some                                                               
complainants  come  forth  after obtaining  legal  advice,  which                                                               
usually comes at some cost.                                                                                                     
                                                                                                                                
REPRESENTATIVE COGHILL, referring to  Amendment 1, noted that the                                                               
change proposed  to page 5,  lines 6-7,  of the bill  pertains to                                                               
proposed AS 39.50.100 - Enforcement  by private citizens - and to                                                               
bringing  a civil  action.   He indicated  that he  would prefer,                                                               
therefore, that that  provision remain as is in the  bill and not                                                               
be expanded to include groups or parties.                                                                                       
                                                                                                                                
3:15:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  COGHILL made  a motion  to amend  Amendment 1  to                                                               
remove the change proposed to page 5, lines 6-7, of the bill.                                                                   
                                                                                                                                
REPRESENTATIVE HOLMES objected.                                                                                                 
                                                                                                                                
MS.  MILES  explained  that  the   civil  actions  referenced  in                                                               
proposed AS 39.50.100  would be addressed by the  courts, not the                                                               
APOC.                                                                                                                           
                                                                                                                                
MS. DeYOUNG  added that typically  the Alaska Court  System (ACS)                                                               
does not  restrict plaintiffs in  a civil action, and  that there                                                               
might be  constitutional issues  raised by  providing limitations                                                               
on access to the courts.                                                                                                        
                                                                                                                                
REPRESENTATIVE COGHILL asked whether  the existing language of AS                                                               
39.50.100 has been problematic.                                                                                                 
                                                                                                                                
MS. DeYOUNG  said that the one  civil action she is  aware of was                                                               
brought  by two  individuals and  presumably they  were qualified                                                               
Alaska  voters, and  so she  has not  seen the  existing language                                                               
challenged.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  DOOGAN  asked  whether,  if he  were  to  file  a                                                               
complaint and  the APOC  chose not  to act on  it, he  could then                                                               
bring a civil action in order to force the APOC to act.                                                                         
                                                                                                                                
MS.  DeYOUNG said  the action  referenced  in AS  39.50.100 is  a                                                               
direct  action  brought by  a  citizen,  and  would result  in  a                                                               
proceeding in superior  court.  However, if a  complaint is filed                                                               
with  the APOC  but the  complainant  is not  satisfied with  the                                                               
APOC's action, there is an  appeal process available - that would                                                               
be an appeal into court.                                                                                                        
                                                                                                                                
REPRESENTATIVE HOLMES  noted that  lawsuits are often  brought by                                                               
companies  and groups,  and thus  she would  prefer to  leave the                                                               
language of Amendment 1 as is.                                                                                                  
                                                                                                                                
3:19:11 PM                                                                                                                    
                                                                                                                                
A roll call vote was  taken.  Representatives Samuels, Dahlstrom,                                                               
Coghill,  and  Ramras   voted  in  favor  of   the  amendment  to                                                               
Amendment 1.   Representatives  Lynn,  Holmes,  and Doogan  voted                                                               
against it.  Therefore, the  amendment to Amendment 1 was adopted                                                               
by a vote of 4-3.                                                                                                               
                                                                                                                                
REPRESENTATIVE SAMUELS  maintained his objection to  Amendment 1,                                                               
as amended.                                                                                                                     
                                                                                                                                
3:20:06 PM                                                                                                                    
                                                                                                                                
A  roll  call vote  was  taken.   Representatives  Lynn,  Holmes,                                                               
Doogan, Coghill,  and Ramras  voted in favor  of Amendment  1, as                                                               
amended.   Representatives  Dahlstrom and  Samuels voted  against                                                               
it.   Therefore, Amendment 1, as  amended, was adopted by  a vote                                                               
of 5-2.                                                                                                                         
                                                                                                                                
CHAIR  RAMRAS asked  the committee  to next  consider the  APOC's                                                               
recommendation regarding the deletion of [certain sections].                                                                    
                                                                                                                                
REPRESENTATIVE  COGHILL  surmised that  the  issue  is whether  a                                                               
staff  member  could  file  a  complaint  and  then  continue  to                                                               
participate in that complaint process,  whereas if a commissioner                                                               
files a  complaint, he/she must then  recuse himself/herself from                                                               
the proceeding.                                                                                                                 
                                                                                                                                
MS.  MILES  concurred.    She   indicated  that  the  problematic                                                               
language  is, "or  a member  of its  staff" in  Section 6  of the                                                               
bill.                                                                                                                           
                                                                                                                                
REPRESENTATIVE  COGHILL  surmised  that  a  conceptual  amendment                                                               
could  address  that point,  noting  that  some of  the  sections                                                               
containing that  problematic language  also contain  the proposed                                                               
increase to the period of time in which complaints may be filed.                                                                
                                                                                                                                
REPRESENTATIVE  COGHILL   made  a  motion  to   adopt  Conceptual                                                               
Amendment 2, to  remove from Sections 6, 7, 9,  and 10 references                                                               
to the APOC's staff members.                                                                                                    
                                                                                                                                
REPRESENTATIVE DOOGAN objected.   He said he is  not certain that                                                               
Conceptual Amendment 2 would alleviate the APOC's concerns.                                                                     
                                                                                                                                
MS.  MILES,   in  response  to   comments,  clarified   that  the                                                               
commissioners  act as  adjudicators and  therefore should  not be                                                               
filing a  complaint and then  continuing to be involved  with the                                                               
proceeding pertaining to that complaint.                                                                                        
                                                                                                                                
3:24:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   DOOGAN  offered   his  belief   that  Conceptual                                                               
Amendment 2  as previously  stated wouldn't  allow for  that, and                                                               
suggested a revision.                                                                                                           
                                                                                                                                
REPRESENTATIVE  COGHILL  offered  his  understanding  that  staff                                                               
members should be  able to file a complaint  and then participate                                                               
in any forthcoming proceeding.                                                                                                  
                                                                                                                                
REPRESENTATIVE COGHILL then withdrew Conceptual Amendment 2.                                                                    
                                                                                                                                
MS.  MILES  said that  the  APOC  is  amenable to  restricting  a                                                               
commissioner from  filing a complaint  and then  participating in                                                               
the complaint process, but doesn't  wish to similarly limit staff                                                               
members, because there have been  times, during the normal course                                                               
of  business,  when staff  have  been  responsible for  filing  a                                                               
complaint if  no other person  has done  so, and staff  should be                                                               
allowed to then participate in the complaint process.                                                                           
                                                                                                                                
CHAIR  RAMRAS  said  he  is  not sure  he  supports  the  changes                                                               
proposed to HB  281, and cautioned against being  too reactive to                                                               
current events.                                                                                                                 
                                                                                                                                
3:29:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   LYNN  opined   that  it   bodes  well   for  the                                                               
legislature to be reactive to recent circumstances.                                                                             
                                                                                                                                
REPRESENTATIVE COGHILL  expressed favor  with expanding  the time                                                               
period during  which complaints  may be filed.   He  also relayed                                                               
that it  was a staff member  that discovered his violation  of [a                                                               
filing deadline].                                                                                                               
                                                                                                                                
REPRESENTATIVE SAMUELS  observed that he should  have objected to                                                               
the withdrawal of Conceptual Amendment  2, because it appeared to                                                               
address the  APOC's point  that staff  should be  able to  file a                                                               
complaint  [and participate  in  the  complaint process]  because                                                               
that's their  job.  He said  he is thinking that  the elimination                                                               
of Sections 6, 9, and 10 would make the bill better.                                                                            
                                                                                                                                
REPRESENTATIVE COGHILL pointed out,  though, that simply deleting                                                               
the  aforementioned sections  would  also effect  changes to  the                                                               
proposed longer time period for filing a complaint.                                                                             
                                                                                                                                
REPRESENTATIVE  DOOGAN  said  he  supports  extending  that  time                                                               
period.  In response to a comment,  he said he would like to have                                                               
more time to consider the bill.                                                                                                 
                                                                                                                                
REPRESENTATIVE  COGHILL indicated  that  he would  be willing  to                                                               
work with the sponsor to address the APOC's concerns.                                                                           
                                                                                                                                
3:34:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN  made a motion to  adopt Conceptual Amendment                                                               
3, to  delete Section 1  from HB  281 and renumber  the remaining                                                               
sections  accordingly.    There being  no  objection,  Conceptual                                                               
Amendment 3 was adopted.                                                                                                        
                                                                                                                                
CHAIR  RAMRAS mentioned  that he  still has  a concern  regarding                                                               
Section 2 - the section addressing the preservation of records.                                                                 
                                                                                                                                
MS.  MILES  said  that  the APOC  supports  the  preservation  of                                                               
records for a  period of six years under  the campaign disclosure                                                               
statute   because  it   will  assist   the  APOC   in  conducting                                                               
investigations;  six  years  will cover  the  proposed  five-year                                                               
period during which a complaint may be filed plus one year.                                                                     
                                                                                                                                
[CSHB 281(STA), as amended, was held over.]                                                                                     
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Judiciary Standing Committee meeting was adjourned at 3:37 p.m.                                                                 
| Document Name | Date/Time | Subjects | 
|---|