Legislature(1997 - 1998)

03/26/1997 01:50 PM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                   SENATE JUDICIARY COMMITTEE                                  
                         March 26, 1997                                        
                           1:50 p.m.                                           
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
 Senator Robin Taylor, Chair                                                   
 Senator Drue Pearce, Vice-chair                                               
 Senator Mike Miller                                                           
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
 Senator Sean Parnell                                                          
 Senator Johnny Ellis                                                          
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
 CONFIRMATION HEARING: ETHEL STATON TO THE COMMISSION ON JUDICIAL              
 CONDUCT                                                                       
                                                                               
 SENATE JOINT RESOLUTION NO. 19                                                
 Relating to naming Anchorage as the location of the 2001 Special              
 Olympics World Winter Games.                                                  
                                                                               
  PASSED SJR 19 OUT OF COMMITTEE                                               
                                                                               
 SENATE BILL NO. 49                                                            
 "An Act repealing certain filing statements and bonds for                     
 enforcement and collection of certain taxes and license fees;                 
 relating to service of process on nonresident taxpayers; and                  
 providing for an effective date."                                             
                                                                               
  PASSED SB 49 OUT OF COMMITTEE                                                
                                                                               
 HOUSE BILL NO. 108                                                            
 "An Act relating to the crime victim compensation program; and                
 providing for an effective date."                                             
                                                                               
  PASSED HB 108 OUT OF COMMITTEE                                               
                                                                               
 SENATE BILL NO. 70                                                            
 "An Act defining the offenses of unlawful discharge of a firearm;             
 and relating to the commission of those offenses by minors."                  
                                                                               
  PASSED CSSB 70(JUD) OUT OF COMMITTEE                                         
                                                                               
 SENATE BILL NO. 63                                                            
 "An Act providing for automatic waiver of juvenile jurisdiction and           
 prosecution of minors as adults for certain violations of laws by             
 minors who use deadly weapons to commit offenses that are crimes              
 against a person, and relating to the sealing of the records of               
 those minors."                                                                
  PASSED SB 63 OUT OF COMMITTEE                                                
                                                                               
 SENATE BILL NO. 112                                                           
 "An Act relating to marriage licenses; and transferring                       
 responsibility for marriage licensing from judicial officers to the           
 state registrar of vital statistics."                                         
                                                                               
  PASSED CSSB 112(JUD) OUT OF COMMITTEE                                        
                                                                               
 SENATE BILL NO. 114                                                           
 "An Act relating to contributions from employee compensation for              
 political purposes; and prohibiting certain kinds of discrimination           
 against employees for political purposes."                                    
                                                                               
  PASSED CSSB 114 OUT OF COMMITTEE                                             
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
                                                                               
 SJR 19 - No previous Senate committee action.                                 
                                                                               
 SB 49 - See Labor and Commerce Committee minutes dated 2/11/97.               
                                                                               
 HB 108 - No previous Senate committee action.                                 
                                                                               
 SB 70 - See Health, Education and Social Services Committee minutes           
 dated 2/21/97.                                                                
                                                                               
 SB 63 - No previous Senate committee action.                                  
                                                                               
 SB 112 - No previous Senate committee action.                                 
                                                                               
 SB 114 - See Senate Judiciary Committee minutes dated 3/19/97.                
                                                                               
  WITNESS REGISTER                                                             
                                                                               
 Ethel Staton                                                                  
 P.O. Box 829                                                                  
 Sitka, AK  99835                                                              
                                                                               
 Jim Balamaci, Executive Director                                              
 Special Olympics                                                              
 21-410 2nd St.                                                                
 Elmendorf AFB                                                                 
 Anchorage, AK  99506                                                          
  POSITION STATEMENT:   Supports SJR 19.                                       
                                                                               
 Mike Tibbles, Legislative Aide                                                
 Alaska State Capitol                                                          
 Juneau, Alaska  99801-1182                                                    
  POSITION STATEMENT:   Testified for Representative Therriault,               
 sponsor of HB 108.                                                            
                                                                               
 Anne D. Carpeneti                                                             
 Assistant Attorney General                                                    
 Department of Law                                                             
 P.O. Box 110300                                                               
 Juneau, AK  99811-0300                                                        
  POSITION STATEMENT:   Supports SB 70 if amended.                             
                                                                               
 Robert Buttcane                                                               
 Division of Family and Youth Services (DFYS)                                  
 Anchorage Intake Unit                                                         
 550 W 8th Ave, Ste 304                                                        
 Anchorage, AK 99501-3553                                                      
  POSITION STATEMENT:   Opposed to SB 63.                                      
                                                                               
 Doug Wooliver                                                                 
 Administrative Attorney                                                       
 Alaska Court System                                                           
 303 K Street                                                                  
 Anchorage, AK  99501-2084                                                     
  POSITION STATEMENT:   Supports SB 112.                                       
                                                                               
 John Cyr, President                                                           
 National Education Association - Alaska                                       
 114 Second Street                                                             
 Juneau, Alaska  99801                                                         
  POSITION STATEMENT:  Commented on SB 114.                                    
                                                                               
 Kathryn Thomas, Chair                                                         
 Alaska State Chamber of Commerce                                              
                                                                               
  POSITION STATEMENT:   Commented on SB 114.                                   
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
 TAPE 97-24, SIDE A                                                            
 Number 00                                                                     
                                                                               
  CHAIRMAN ROBIN TAYLOR  called the Judiciary Committee meeting to             
 order at 1:50 p.m.  Present were Senators Pearce, Miller and                  
 Taylor.  The first order of business was the confirmation of Ethel            
 Staton to the Commission on Judicial Conduct.                                 
                                                                               
  ETHEL STATON  testified via teleconference and provided the                  
 following statement about her background.  She is an Alaska Native,           
 was born and raised in Ketchikan, and moved to Sitka with her                 
 family in 1955 where she owns the Log Cache Gifts and Jewelry                 
 store.  She is the director of Shee Atika, Inc. and has been                  
 working for Native people since 1970.  She serves on the Sitka                
 Advisory Board for Holland America, is serving her second term as             
 trustee of Sheldon Jackson College, and just completed a six-year             
 term on the Board of Governors of the Alaska Bar Association.                 
                                                                               
 There being no questions for Ms. Staton, Chair Taylor thanked her             
 for her testimony and prior service to the State.                             
          SJR 19 SPECIAL OLYMPICS WORLD WINTER GAMES                          
                                                                              
  JOE AMBROSE , legislative assistant to Senator Taylor, prime sponsor         
 of SJR 19, read the following sponsor statement.                              
                                                                               
 SJR 19 offers the support of the Alaska State Legislature to the              
 efforts of the Special Olympics World Winter Games Committee to               
 secure Anchorage as the site of the 2001 World Winter Games.                  
                                                                               
 Chaired by Patti McGuire of Anchorage, and honorary chairman                  
 Senator Ted Stevens, the committee is preparing for a site                    
 inspection in April and formal presentation of its bid in May.                
 Mrs. McGuire has stated that the support of the Legislature is                
 crucial to the success of this effort.                                        
                                                                               
 The Special Olympics World Winter Games play a vital part in the              
 mission of Special Olympics International, founded by Mrs. Eunice             
 Kennedy Shriver.  Special Olympics seeks to provide year-round                
 sports training and athletic competition for children eight years             
 old and older and for adults with mental retardation.                         
                                                                               
 Holding the 2001 Winter Games in Anchorage will put the Alaska                
 Special Olympics program in the spotlight.  The games will leave a            
 legacy that will allow Special Olympics in Alaska to expand and               
 include more of the indigenous people of our State.                           
                                                                               
 The Game will also spotlight Anchorage and all of Alaska,                     
 attracting as many as 6,000 athletes, coaches, family members and             
 volunteers.  Holding the games in Anchorage will leave the                    
 community with permanent improvements to existing winter sport                
 facilities and highlight Alaska for ten days during the winter                
 months.                                                                       
                                                                               
 Throughout the quest to locate the games in Anchorage, the Special            
 Olympics World Winter Games Committee will continue to emphasize              
 the real importance of this event.  That is the opportunity it will           
 give to Special Olympians from around the world to experience the             
 joy of competition, demonstrate courage and share in the gifts,               
 skills and friendships that personify Special Olympics                        
 International.                                                                
                                                                               
  JIM BALAMACI , Executive Director of Special Olympics Alaska,                
 testified via teleconference and stated holding the Special                   
 Olympics Games in Anchorage in 2001 would be one of the greatest              
 gifts that could be given to Alaska and to the world concerning               
 special olympics.                                                             
                                                                               
  SENATOR PEARCE  disclosed that she serves on the Board of Governors          
 for Alaska's Special Olympics.  She thanked Senator Taylor for                
 sponsoring SJR 19 and moved SJR 19 out of committee with individual           
 recommendations.  There being no objection, the motion carried.               
         SB  49 SERVICE OF PROCESS ON NONRES TAXPAYERS                        
                                                                              
  CHAIRMAN TAYLOR  noted no one was present to testify for SB 49               
 therefore he summarized Commissioner Condon's letter to the                   
 committee as follows.  SB 49 is a housekeeping measure that                   
 discontinues the requirement for non-resident taxpayers to post a             
 tax bond as this requirement is no longer necessary.  Corporations            
 tend to maintain permanent offices in Alaska and honor their tax              
 liabilities due to SEC regulations, licensing requirements and                
 audit procedures.  The Department of Labor has its own bonding                
 requirements, and fish processors, the most volatile taxpayers, are           
 required to provide a specific surety bond under AS 44.25.040.  In            
 addition to repealing the statute, six pages of regulations would             
 be rescinded, which Chair Taylor thought was a meritorious reason             
 to take up the legislation.                                                   
                                                                               
  SENATOR PEARCE  asked if SB 49 has any further committee referrals.          
  CHAIRMAN TAYLOR  said the bill was already heard by the Senate Labor         
 and Commerce Committee, and has no further referrals.                         
                                                                               
  SENATOR MILLER    moved SB 49 from committee with individual                 
 recommendations.  There being no objection, the motion carried.               
           HB 108 CRIME VICTIM COMPENSATION PROGRAM                           
                                                                              
  MIKE TIBBLES , legislative aide to Representative Therriault,                
 sponsor of HB 108, gave the following summary of the legislation.             
 Last year, Representative Martin, as Chairman of the Legislative              
 Budget and Audit Committee, identified a large number of zero                 
 balance funds.  He requested Co-chair Therriault to consider                  
 deleting those funds via a House Finance Committee bill.  Co-chair            
 Therriault and Representative Martin worked with the agencies                 
 responsible for the funds to determine which inactive funds would             
 be least problematic to eliminate.  The crime victim compensation             
 fund is one.  Although this fund is tied to an active program, the            
 program will remain intact, but the appropriations will continue to           
 be made through the operating budget.                                         
                                                                               
  CHAIRMAN TAYLOR  stated he checked into any impact that HB 108 might         
 have with House members who were involved in the creation of this             
 fund.  It appears this fund has been inactive and has served no               
 useful function since 1983.                                                   
                                                                               
  SENATOR MILLER  moved HB 108 out of committee with individual                
 recommendations.  There being no objection, the motion carried.               
            SB  70 UNLAWFUL DISCHARGE OF A FIREARM                            
                                                                              
  SENATOR DAVE DONLEY , sponsor of the measure, explained that                 
 currently in Alaska it is not a felony to shoot at a building or              
 dwelling unless one knows it is occupied.  SB 70 makes it a felony            
 offense to fire a gun into a building and is the result of                    
 frustration expressed by police officers when attempting to                   
 prosecute for drive-by shootings.  Under current law, unless proof            
 is available that the person shooting the firearm knew the house              
 was occupied at the time of the shooting, the offender can only be            
 charged with a misdemeanor, unless property damage was more than              
 $500, in which case the charge would be a class C felony.                     
                                                                               
  CHAIRMAN TAYLOR  asked Senator Donley how the proposed committee             
 substitute varies from the original bill.                                     
                                                                               
  SENATOR DONLEY  said in the original bill he tried to address every          
 possible area of criminal law that might be impacted by such a                
 change.  SB 70 restructured misconduct involving weapons                      
 provisions, added shooting at a building to the list of crimes                
 requiring automatic waiver to adult court, added provisions for               
 possible impacts on the concealed weapons permit section, and                 
 included this crime under the definition of most serious types of             
 crimes which is a trigger for the "three strikes" provision.  That            
 comprehensive approach made the bill very complicated and was an              
 attempt to cover all possible scenarios.  The proposed committee              
 substitute is very simple, and only deals with what it takes to               
 make it a felony to discharge a firearm in the direction of a                 
 building.                                                                     
                                                                               
  SENATOR MILLER  moved to adopt CSSB 70(JUD) (version O-LSO272\T) in          
 lieu of the original bill.  There being no objection, CSSB 70(JUD)            
 was adopted.                                                                  
                                                                               
 Number 249                                                                    
                                                                               
  SENATOR DONLEY  explained CSSB 70(JUD) contains an intent section to         
 clarify that discharge of a firearm at a building is a felony                 
 whether the offender knew the building was occupied or not. Section           
 2 is the core of the bill and establishes that a person commits a             
 felony if he/she discharges a firearm in the direction of: an                 
 occupied building; an unoccupied building with reckless disregard             
 for the risk of physical injury or damage; or a dwelling.  The                
 intent of this section is to omit a scenario in which someone                 
 shoots at an abandoned cabin in the woods, and was sure no one was            
 in the building.  Section 3 clarifies that the circumstances in               
 Section 2 should be considered differently from circumstances under           
 an existing law that makes it a misdemeanor to recklessly disregard           
 risk of property damage or physical injury but does not involve               
 buildings.                                                                    
                                                                               
 Number 385                                                                    
  ANNE CARPENETI , Assistant Attorney General, testified that the              
 Department of Law supports CSSB 70(JUD) with one exception. At                
 present, discharging a firearm with reckless disregard for a risk             
 of damage to property or a risk of physical injury to a person is             
 a class A misdemeanor under the misconduct involving weapons                  
 provision.  The Department of Law believes that activity should               
 remain a misdemeanor because the new language on page 2, lines 13-            
 14 would make the act of shooting at an abandoned shack in the                
 woods a felony by specifying property damage in the bill.  Under              
 current law, that activity is a property offense and is a                     
 misdemeanor unless the damage caused is in excess of $500, in which           
 case the offense is a class B felony.  Without that element                   
 included in the bill, the bill's intent, to make it a felony to               
 shoot at buildings whether occupied or not, is addressed because a            
 culpable mental state does not have to be proved.                             
                                                                               
  SENATOR PEARCE  noted in her district a veterinary clinic and NAPA           
 store have been shot at several times during drive-by shootings.              
 Those buildings are adjacent to a home, and a childcare facility.             
 No one has been injured during those shootings, but people are in             
 the vet clinic at odd hours to care for the animals.  She does not            
 believe the people involved in the drive-by shootings consider                
 whether the buildings are occupied.  Senator Pearce felt it is                
 dangerous to shoot at a person, animal or tire, and that those                
 types of offenses ought to be felonies.  She suggested describing,            
 by definition, the abandoned cabin scenario previously discussed.             
                                                                               
 Number 346                                                                    
                                                                               
  SENATOR DONLEY  suggested removing the words "damage to property or          
 a risk of" on page 2, lines 13-14.  He believed that would remove             
 the department's concern regarding property.                                  
                                                                               
  MS. CARPENETI  said that would go a long way to address the                  
 Department of Law's concerns regarding offenses strictly involving            
 property and in those cases, criminal law is focussed on the amount           
 of damage caused.                                                             
                                                                               
  SENATOR PEARCE  said in Anchorage these situations are occuring at           
 5:00 p.m., not in the middle of the night, and the offenders are              
 not concerned about whether they are only harming property.  She              
 stated she did not want to wait for a person to have to shoot                 
 another person before the offense becomes a felony.                           
                                                                               
  MS. CARPENETI  replied Senator Donley's suggested language would go          
 a long way to address the Department of Law's concerns.                       
                                                                               
  CHAIRMAN TAYLOR  did not think property damage was the focus of CSSB
 70(JUD) and moved to amend page 2, line 13, by deleting the words             
 "damage to property or a risk of."                                            
                                                                               
  SENATOR PEARCE  asked if the police would have to prove there might          
 have been a person in the building at the time of the shooting                
 before they could charge the offender with a felony.                          
                                                                               
 Number 373                                                                    
                                                                               
  CHAIRMAN TAYLOR  thought they would have to show a likelihood that           
 people could have been in the building.  He explained that any                
 bullet shot at a building is going to cause physical damage, but              
 property damage statutes address that offense.  If the concern in             
 this bill is about physical injury to a person in the building, one           
 would have to prove that the offense was committed with reckless              
 disregard, and the intent section in CSSB 70(JUD) changes the                 
 requirement of proving that the offender knew someone was in the              
 building, to proving the act was so reckless they disregarded the             
 possibility.                                                                  
                                                                               
  SENATOR DONLEY  thought the committee substitute will give                   
 prosecutors some discretion regarding when they bring cases, and              
 judges the discretion to decide whether a particular level of                 
 disregard was shown.  The proposed amendment would also allow for             
 some discretion because if one shoots into a commercial building in           
 an urban area, it is very possible people are working in those                
 buildings at night.                                                           
                                                                               
  MS. CARPENETI  noted other statutes address similar instances, for           
 example, if a person is put in fear, the offender would be charged            
 with assault.                                                                 
                                                                               
  SENATOR DONLEY  remarked the difference is that a victim must exist.         
 CSSB 70(JUD) does not require that a real person be present during            
 the shooting.                                                                 
                                                                               
 Number 419                                                                    
                                                                               
  SENATOR PEARCE  commented any weekend employee at the vet clinic             
 will constantly wonder if another drive-by shooting will occur, so            
 whether another incidence occurs or not, the fear factor has                  
 already been created.                                                         
                                                                               
  SENATOR DONLEY  thought that was true, but would not meet the                
 current definition in the assault statute because there must be an            
 immediate fear of injury.                                                     
                                                                               
  CHAIRMAN TAYLOR  stated the bill is stronger without the amendment           
 because the only standard that would need to be shown is that                 
 someone fired with reckless disregard of property damage.                     
                                                                               
 Number 435                                                                    
                                                                               
  SENATOR DONLEY  said the definition of "recklessly" requires that            
 the risk must be of such a nature and degree that disregard of it             
 would constitute a gross deviation from the standard of conduct               
 that a reasonable person would observe in the situation.  He                  
 believed shooting into a building where people might be working               
 during the night would fit that definition.                                   
                                                                               
  CHAIRMAN TAYLOR  withdrew his amendment.   SENATOR PEARCE  moved CSSB
 70(JUD) from committee with individual recommendations and the                
 appropriate fiscal notes.  There being no objection, the motion               
 carried.                                                                      
          SB  63 DEADLY WEAPON OFFENSES BY JUVENILES                          
                                                                              
  SENATOR DONLEY , sponsor of the measure, stated legislation similar          
 to SB 63 passed the Senate during the last legislative session but            
 died in the House Finance Committee in the last days of the                   
 session.   If SB 63 passes,  a person between the ages of 16 and 18           
 would automatically go to adult court for a second offense                    
 involving assault with a deadly weapon.  Senator Donley estimated             
 five or six juveniles would fall in this category per year.                   
                                                                               
 Number 469                                                                    
                                                                               
  ROBERT BUTTCANE , a juvenile probation officer supervisor based in           
 Anchorage, testified DHSS is opposed to SB 63 as drafted because it           
 lowers the automatic waiver to include class B and C felony                   
 offenses.  DHSS does not believe SB 63 creates an appropriate                 
 response for these types of crimes.  It is likely that a person who           
 commits this type of an offense for a second time would be                    
 institutionalized in a youth corrections facility and in that                 
 environment would undergo a variety of treatment programs to                  
 address and correct those behaviors.  DHSS believes the dual                  
 sentencing approach, established in HB 97, is a better response to            
 young repeat offenders as opposed to a waiver into the adult                  
 system.                                                                       
                                                                               
  SENATOR MILLER  said Mr. Buttcane is admitting the current system            
 does not work if a youth offender is out committing offenses for a            
 second time.                                                                  
                                                                               
  SENATOR PEARCE  asked Mr. Buttcane if he knew whether anyone has             
 been charged in the drive-by shooting incident at the McLaughlin              
 Youth facility.   MR. BUTTCANE  said an investigation is underway,            
 but did not know whether any formal charges have been filed.                  
                                                                               
  CHAIRMAN TAYLOR  noted SB 63 has been narrowly crafted to only               
 impact a juvenile who was previously adjudicated for a similar                
 offense.  He asked what percentage of youth offenders who violate             
 this law actually have their cases go through adjudication.   MR.             
 BUTTCANE  did not have those statistics available, but estimated              
 offenses against persons that are petitioned before the court total           
 69 percent; the other 31 percent might include cases where a 13               
 year old became involved in a domestic violence dispute with an               
 alcoholic mother, and used a metal pipe or other instrument that is           
 classified as a dangerous weapon.                                             
                                                                               
  CHAIRMAN TAYLOR  asked, of the 69 percent that result in a petition          
 being filed, what portion end up with a formal adjudication.   MR.            
 BUTTCANE  guessed approximately 90 percent, but some of those cases           
 end in probation.                                                             
                                                                               
  CHAIRMAN TAYLOR  commented he served as standing master for six              
 years and only remembers a handful of formal adjudications.                   
 Frequently the probation officer would work with the family and               
 offender and the outcome would be a dismissal based on corrective             
 activities taking place, similar to an SIS on the criminal side.              
 He said any of those offenders that received such treatment would             
 not fall within SB 63 because it requires the offender to have                
 already been adjudicated once.   MR. BUTTCANE  replied the response           
 Senator Taylor described is fairly common for property offenses,              
 but is not as common for cases involving physical injury.                     
                                                                               
 Number 565                                                                    
                                                                               
  SENATOR PEARCE  asked what charges were filed against the six                
 juveniles referred to in Senator Donley's sponsor statement.                  
  SENATOR   DONLEY  replied he reviewed a record of assaults with deadl        
 weapons that showed the number of repeat offenders and the crimes             
 that were repeated that involved deadly weapons but the individual            
 case studies were not available.   MR. BUTTCANE  said he would                
 identify those cases to determine the original offenses and provide           
 that information to the committee at a later date.                            
                                                                               
  SENATOR PEARCE  commented she asked because she has compassion for           
 a young person, or anyone, in an abusive situation, and is aware              
 crimes are committed in those situations that society sometimes               
 views differently.  She said the fact that only 6 people would have           
 fallen under this category in 1995, despite a 200 percent increase            
 in juvenile crime between 1990 and 1994, tells us this bill would             
 not apply to a large pool of people.  She suggested investigating             
 the six cases to determine whether those juveniles are from abusive           
 situations however she cautioned we have to remember that people              
 are often charged for a lesser offense than the offense committed.            
                                                                               
 Number 584                                                                    
                                                                               
  SENATOR MILLER  stated if the second offense is not dealt with               
 adequately, the third offense might result in a death.   MR.                  
 BUTTCANE  replied he appreciated Senator Miller's comment, and                
 agreed that in some cases it does not matter what treatment is                
 provided, some minors simply grow old but do not grow up.  He                 
 noted, however, in the vast majority of youth cases, those kids get           
 their lives together and need to be given an opportunity to change            
 and grow.  He repeated DHSS believes an automatic waiver into adult           
 court for these cases is not the preferred option.                            
 TAPE 97-24, SIDE B                                                            
                                                                               
  MARGOT KNUTH , Assistant Attorney General, representing the                  
 Governor's Cabinet on Youth and Justice, clarified the                        
 Administration's position on SB 63.  The repeat offenders that SB
 63 focusses on do not need to be coddled.  The first thing                    
 identified by the Conference on Youth and Justice is that a small             
 group of youth offenders are at risk of becoming serious, chronic             
 offenders, and the state needs to be in their faces every step of             
 the way.  The offenders being discussed comprise that group which             
 consists of repeat class B or C felony offenders.  Given that                 
 traditional methods of dealing with these offenders have not proven           
 effective, 40 states, as well as Alaska, have looked to automatic             
 waiver as the solution.  The Conference on Youth and Justice spent            
 nine months examining that approach and takes issue with it.                  
 Instead of automatic waivers for these juveniles, the Conference is           
 proposing a dual sentencing scheme in which the offender receives             
 both a juvenile sentence and an adult sentence as if automatic                
 waiver occurred.  This approach creates more interaction between              
 the state and the offender and allows for closer surveillance of              
 the offender.  Dual sentences also place the responsibility on the            
 offender to comply with the juvenile sentence in order to stay out            
 of an adult institution.  It is an escape valve for the offender              
 who can and/or wants to be rehabilitated.  If those offenders do              
 not comply with court orders for treatment, commit another offense,           
 do not pay restitution, or whatever, the adult sentence is imposed.           
                                                                               
  MS. KNUTH  commented the Coalition for Juvenile Justice recently             
 published an annual report that examined the transformations                  
 occurring in the juvenile system, and discusses the popularity of             
 the automatic waiver approach.  She read the following excerpt from           
 that report:                                                                  
 "The consequences of this trend toward greater adult handling of              
 juvenile offenders have been varied.  There is generally a greater            
 need for court and prosecutorial resources because of higher                  
 demands, especially since the more punitive results may result in             
 fewer guilty pleas and more demands for jury trials.  Juveniles               
 transferred to, and tried in adult court, usually serve a                     
 significantly longer period of time in pretrial detention awaiting            
 a trial date and with more educational and other resource demands             
 on the facility.  Although the results of studies are mixed,                  
 juveniles tried in adult court may receive more probation and                 
 shorter sentences than in juvenile court, especially for offenses             
 other than homicide, rape, and robbery.  Juveniles tried as adults            
 also frequently have higher recidivism rates, offend earlier after            
 release, and commit more serious offenses."                                   
                                                                               
 Ms. Knuth noted the three measures of the effectiveness of any                
 criminal justice system are: the recidivism rate, how soon                    
 reoffenses occur; and whether more serious offenses are committed.            
 She stated the automatic waiver approach is showing some flaws.               
 Consequently, some experts are now recommending dual sentences                
 because they are more tailored, keep the offender invested in their           
 own conduct, provide an escape valve for those who are salvageable,           
 and eliminate the need to repeat proceedings for those who do not             
 comply.                                                                       
                                                                               
  SENATOR MILLER  moved SB 63 from committee with individual                   
 recommendations.  There being no objection, the motion carried.               
                                                                               
  SENATOR DONLEY  commented the fact that adult sentencing criteria            
 will be used for some repeat offenders will deter juveniles from              
 reoffending.                                                                  
             SB 112 MARRIAGE LICENSING FUNCTIONS                             
                                                                               
  DOUG WOOLIVER , Alaska Court System, explained SB 112 transfers the          
 marriage license record function from the Court System to the                 
 Bureau of Vital Statistics.  SB 112 is supported by both the Court            
 System and Bureau, who jointly wrote the bill and believe it would            
 be more efficient for the Bureau to manage marriage licenses.                 
 Under SB 112, in those locations where a Bureau of Vital Statistics           
 office exists (Fairbanks, Anchorage, and Juneau), the issuance of             
 marriage licenses will be performed by employees of the Bureau.               
 In the other locations, court employees will continue to act as               
 local registrars for the Bureau and issue marriage licenses, as               
 they have always done.                                                        
                                                                               
  CHAIRMAN TAYLOR  asked for an explanation of the proposed amendment.         
                                                                               
 MR. WOOLIVER  replied Section 4 was unintentionally added and would           
 be deleted by the proposed amendment.  He added SB 112 is part of             
 the Court System's plan to divest itself of the non-judicial                  
 functions that can be better performed by other agencies, for                 
 example, the coroner's office was moved to DHSS last year.                    
 Additionally, the Bureau of Vital Statistics moved some other                 
 recording functions to their Anchorage, Juneau, and Fairbanks                 
 offices, but that change did not require legislation.  SB 112 will            
 complete one aspect of the vital records shift.                               
                                                                               
  CHAIRMAN TAYLOR  offered amendment #1 which reads as follows:                
                                                                               
  Page 3, lines 1-11:                                                          
   Delete all material.                                                        
                                                                               
  Renumber the following bill sections accordingly.                            
                                                                               
 He explained the amendment would still require District Court                 
 judges and magistrates to record birth, death, and marriage                   
 certificates.  There was no objection to amendment #1, therefore it           
 was adopted.                                                                  
                                                                               
  SENATOR MILLER  noted he was not aware that marriage commissioners           
 had the power to issue marriage licenses.   MR. WOOLIVER  stated only         
 the Court can issue the license.   SENATOR MILLER  asked why Section          
 5 deletes the language "issue marriage licenses and."   MR. WOOLIVER          
 explained that language is being deleted because marriage                     
 commissioners have not issued marriage licenses for years.                    
                                                                               
  SENATOR MILLER  moved SB 112 out of committee with individual                
 recommendations.  There being no objection, the motion carried.               
       SB 114 EMPLOYEES: POLITICAL CONTRIB & ACTIVITIES                       
                                                                              
  SENATOR PEARCE  moved to adopt CSSB 114(JUD) (3/24, version E)               
 in lieu of the original bill.                                                 
                                                                               
 SENATOR MILLER  explained the committee substitute contains two               
 amendments: the 12 month requirement was changed to one calendar              
 year; and the recordkeeping requirement was changed from three                
 years to four years.  Both changes were requested by APOC.                    
                                                                               
  CHAIRMAN TAYLOR  announced there were no objections to the adoption          
 of CSSB 114(JUD), therefore the motion carried.                               
                                                                               
  JOHN CYR ,   President of NEA-Alaska, described how NEA's political          
 action committee (PAC) functions.  When new employees begin work in           
 a school district, they are asked whether they want to join NEA.              
 If they elect to join, they fill out a form that lists the dues               
 amount and contains a section for a $15 annual PAC contribution.              
 The first time payroll contributions are withheld, NEA sends the              
 employees a form asking whether they want their PAC contribution              
 refunded or diverted to another area.  NEA uses that format for a             
 specific reason.  There are 53 or 54 school districts.                        
 Standardizing the dues amount is beneficial to school districts               
 because it minimizes accounting procedures.  Of the 10,000 school             
 district employees, about 1,000 request the $15 PAC deduction be              
 reimbursed.  NEA reimburses as soon as it has confirmation that               
 those people are employees or members.  This system removes any               
 liability from the school districts and allows employees to decide            
 whether to contribute to NEA's PAC in the privacy of their own                
 homes so the school districts do not know who contributes.  NEA               
 does not do any political campaining to raise money in schools; the           
 process is done uniformly.  NEA maintains the files and believes              
 this system is cleanest.                                                      
                                                                               
  SENATOR PEARCE  referred to page 2, lines 7-14, subsection (b), and          
 asked whether NEA members have to notify NEA every year whether or            
 not they want a reimbursement.   MR. CYR  replied NEA sends a form to         
 every member, every fall, asking whether they want a reimbursement.           
  SENATOR PEARCE  asked if those members are also given the                    
 opportunity to terminate their memberships.   MR. CYR  answered yes.          
                                                                               
 Number 382                                                                    
  SENATOR PEARCE  commented one member she knows of objects to the             
 fact that every year she has to request the $15 reimbursement and             
 would prefer that NEA automatically refund the money unless she               
 notifies it of a change.   MR. CYR  said NEA would be willing to use          
 a form that provides for an automatic refund unless it is notified            
 otherwise.                                                                    
                                                                               
  CHAIRMAN TAYLOR  noted because the membership is continuing, one             
 avoids the obligation by requesting from one's union that he/she be           
 reimbursed for money already withheld.                                        
                                                                               
  MR. CYR  said the money is reimbursed before it is withheld.  He             
 explained NEA deducts dues and the PAC contribution monthly and               
 might deduct $30 for dues and $1.50 for the PAC.  With the first              
 monthly deduction, the member receives a card asking if he/she                
 wants the $15.00 reimbursement and if so, the money is reimbursed.            
 That bookkeeping system is used because it is easier for both NEA             
 and the school districts.                                                     
                                                                               
 Number 343                                                                    
                                                                               
  SENATOR MILLER  stated the members could be automatically reimbursed         
 unless they notify NEA to continue the deduction.  He did not have            
 a preference for methods but he felt continuing the reimbursement,            
 once the member has requested it and until the member requests                
 otherwise, should be reviewed further.                                        
                                                                               
  MR. CYR  explained NEA sends the reimbursement forms to every member         
 each year and would continue to do so even if it changed it's                 
 approach, so that members could easily notify NEA of any changes              
 they desired.                                                                 
                                                                               
  SENATOR PEARCE  thought the amended language on page 2, lines 13-14,         
 that states the written notification is valid for only one calendar           
 year, works against an automatic reimbursement or contribution                
 until notified differently.   CHAIRMAN TAYLOR  clarified the member           
 will have to authorize the deduction before any money is taken from           
 the check.  If the member does not file the next year, no money can           
 be deducted.  If a member wanted to make an ongoing ten-year                  
 contribution to the NEA PAC, he/she would have to fill out ten                
 authorization forms.                                                          
                                                                               
 Number 304                                                                    
                                                                               
  SENATOR PEARCE  said the school district will have an increased              
 administrative cost if it can no longer withhold a standard                   
 deduction from everyone's check and has to send out forms to each             
 member.  She thought there may be a less burdensome way to achieve            
 the goal of ensuring members' money is not automatically deducted             
 for PACs.                                                                     
                                                                               
  CHAIRMAN TAYLOR  emphasized the school district will only deduct             
 money for the PAC if the member notifies the school district to do            
 so.  The person who does not choose to participate does not have to           
 file anything.                                                                
                                                                               
  MR. CYR  noted the liability question needs to be addressed.  At             
 this point, NEA is totally liable.  NEA has an arbitration hearing            
 every year.  All records are kept by NEA and are open to any                  
 member.  If the school districts handle the paperwork, the                    
 liability will be placed on them.  Not only will the school                   
 districts have the expense of processing the paperwork, they may              
 have legal expenses.                                                          
                                                                               
 Number 244                                                                    
                                                                               
  KATHRYN THOMAS , Chair of the Alaska State Chamber of Commerce,              
 testified in support of CSSB 114(JUD) because it fairly provides              
 for the individual rights of employees.  The State Chamber does not           
 believe the bookkeeping requirements are burdensome on the                    
 employer, however it does believe the activity of dues collection             
 and payment is most appropriately handled directly between unions             
 and its members.                                                              
                                                                               
  CHAIRMAN TAYLOR  asked if Ms. Thomas was suggesting the legislation          
 should be expanded to require union members who want to send checks           
 to the union do so independently.   MS. THOMAS  thought a lot of              
 employers would support that.                                                 
                                                                               
  CHAIRMAN TAYLOR  stated committee staff is reviewing the liability           
 issue as well as whether APOC or the Department of Labor is the               
 appropriate agency to be involved.  He said his concern is that an            
 agency have proper oversight so that the union member has someone             
 to appeal to.  He noted those issues can be discussed as the bill             
 gets closer to the floor.                                                     
                                                                               
  SENATOR MILLER  moved CSSB 114(JUD) out of committee with individual         
 recommendations.  There being no objection, the motion carried.               
 The meeting was adjourned at 3:20 p.m.                                        
                                                                               

Document Name Date/Time Subjects