Legislature(2001 - 2002)
03/12/2001 01:34 PM Senate JUD
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* first hearing in first committee of referral
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ALASKA STATE LEGISLATURE
SENATE JUDICIARY COMMITTEE
March 12, 2001
1:34 p.m.
MEMBERS PRESENT
Senator Robin Taylor, Chair
Senator John Cowdery
Senator Gene Therriault
Senator Johnny Ellis
MEMBERS ABSENT
Senator Dave Donley, Vice Chair
COMMITTEE CALENDAR
SENATE BILL NO. 97
"An Act relating to fees for probation and parole."
MOVED SB 97 OUT OF COMMITTEE
SENATE BILL NO. 103
"An Act relating to election campaigns and legislative ethics; and
providing for an effective date."
MOVED CSSB 103 (JUD) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
No previous action.
WITNESS REGISTER
Ms. Loretta Brown
Staff to Senator Jerry Ward
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Introduced SB 97
Mr. Bruce Richards, Special Assistant
Office of the Commissioner
Department of Corrections
4500 Diplomacy Drive, Suite 109
Anchorage, AK 99508-5927
POSITION STATEMENT: Testified on SB 97
Ms. Susie Barnett
Ethics Committee Administrator
Select Committee on Legislative Ethics
PO Box 101468
Anchorage, AK 99510-1468
POSITION STATEMENT: Testified on SB 103
Ms. Brooke Miles, Director
Alaska Public Offices Commission
2221 East Northern Lights, Room 128
Anchorage, Alaska 99508-4149
POSITION STATEMENT: Testified on SB 103
ACTION NARRATIVE
TAPE 01-7, SIDE A
Number 001
CHAIRMAN ROBIN TAYLOR called the Senate Judiciary Committee meeting
to order at 1:34 p.m. Senator Cowdery, Senator Therriault and
Chairman Taylor were present. Senator Ellis arrived at 1:38 p.m.
Chairman Taylor announced the first order of business would be SB
97.
SB 97-PROBATION AND PAROLE FEES
MS. LORETTA BROWN, staff to Senator Jerry Ward, said the fiscal
notes are now available and an amendment is being worked on but it
is not yet ready. The amendment provides a more cost effective way
to convert unpaid fees to civil judgments and take them out of the
court system. This amendment would drop fiscal notes from the
administration and public defender's office. Ms. Brown wanted to
point out that, "DOC does not anticipate revoking probation and
parole solely based on nonpayment of fees." The nonpayment of
parole fees has been linked to other problems with parole, and
would not make more work for the court because parole hearings
would be held for other reasons.
Number 227
SENATOR COWDERY asked how many states have similar legislation.
MS. BROWN responded that other states do have similar legislation
but she did not know how many.
SENATOR COWDERY said the last time the committee discussed SB 97,
he was disappointed that the administration said it could not work
with this type of legislation - instead of trying to find ways to
make it work.
CHAIRMAN TAYLOR pointed out the sponsor statement reports that 48
states collect some type of correctional fee.
MR. BRUCE RICHARDS, Special Assistant in the Department of
Corrections, testifying via teleconference from Anchorage, said his
office did not have a copy of the amendment being discussed.
CHAIRMAN TAYLOR said the amendment had not been drafted yet, but it
would incorporate the department and make it a civil judgment to
remove some of enforcement difficulties. The people in the
probation agency that currently collect restitution would probably
handle the civil judgment.
SENATOR COWDERY moved SB 97 from committee with individual
recommendations.
SENATOR ELLIS objected, and a roll call vote was taken. The motion
carried with Senators Therriault, Cowdery, and Taylor voting "yea,"
and Senator Ellis voting "nay."
The committee took up SB 103.
Number 630
SB 103-ELECTION CAMPAIGNS AND LEGISLATIVE ETHICS
SENATOR COWDERY moved to adopt CSSB 103(JUD), Version 22-LS0148\W,
for discussion purposes. There being no objection, the motion
carried.
MS. SUSIE BARNETT, Select Committee on Legislative Ethics (SCLE),
said SCLE has been following SB 103 through the process. She
stated the changes made in the Senate State Affairs Committee
helped with clarification. She said she did not have a copy of the
new committee substitute (CS) and asked if it applies to campaign
finance.
CHAIRMAN TAYLOR responded it does; the two provisions in the new CS
cover volunteer and legal services that are being utilized in most
campaigns.
Number 789
SENATOR THERRIAULT said he could not find the provision in CSSB
103(JUD) that deals with attorneys volunteering their time. He
noted there was a provision on page 6 that deals with
communications made by a corporation to its stockholders. Senator
Therriault explained that the current statutory language allows
accountants to help fill out campaign reports; under current law
this is not considered to be a contribution. Therefore, SB 103
recognizes that accountants have a high hourly rate and it allows
them to volunteer their time on behalf of a campaign. Similar
language has been requested on behalf of attorneys.
CHAIRMAN TAYLOR said volunteer time for attorneys probably belongs
in the provision on page 5, line 23, that says: (i) services
provided without compensation by individuals volunteering a portion
or all of their time on behalf of a political party....
SENATOR THERRIAULT said it looks like language had been deleted
from this provision and that it actually proposes the deletion of
services provided by an accountant or other persons. This language
is currently in statute so an accountant can help prepare an APOC
report and not be capped-out at a dollar amount. He said it looks
like the language was being removed from existing statutes and
there was no language that puts it into another section.
SENATOR THERRIAULT asked about the provision on page 6 that reads:
(ii) communications with a value of $500 or less on any
subject made by a corporation to its stockholders and
employees and their families or by a nonprofit
corporation, labor organization, or unincorporated
business or trade association to its employees and
members and their families;
SENATOR THERRIAULT read from a "Solidarity Update" newsletter,
which contains a suggested list of candidates for its membership to
endorse. He said the newsletter did not come out and say, "Please
vote for Eric Croft" but it did say:
But since the next legislature will choose to fund (or
not fund) the contract we are preparing to negotiate, and
given the current legislative majority's prior attempts
to cut our pay, reduce our benefits, and privatize our
jobs, it might be prudent to consider the fact that these
candidates have shown a willingness to support public
employees.
SENATOR THERRIAULT said the newsletter says because of this the
members should vote for the long list of people shown in the
newsletter. He asked if this would be counted as a contribution
with regard to the amount that could be spent on an individual's
campaign.
MS. BROOKE MILES, Director, Alaska Public Offices Commission
(APOC), said APOC has a regulation addressing this issue. The
existing regulation is somewhat different from Senator Donley's
proposed amendment in that it says the communication is not a
contribution when entities communicate with their members,
stockholders and members of their family or their employees if it
is done in a way in which they always communicate, such as a
newsletter or e-mail.
MS. MILES said she was somewhat confused about whether or not the
purpose of Senator Donley's amendment is to limit existing
communications to $500.
Number 1215
SENATOR THERRIAULT clarified that current regulations allow labor
organizations, in the normal course of their monthly newsletters,
to advocate for individuals. He asked if the same is true for
corporations.
MS. MILES said yes. She said corporations sometimes communicate
with employees or shareholders through weekly newsletters or e-
mails and they do so without regulations and limits.
SENATOR THERRIAULT asked if the new language of "communications
with a value of $500 or less," would force APOC into a position of
estimating the value of communications, whereas otherwise, APOC
would not have to estimate the value for a normal mode of
communication.
MS. MILES agreed that would happen and said if this language
becomes law, there would be no practical way to track it. The
language does not say that when a communication worth $500 or less
is made, that a report needs to be submitted. There would be no
information available to the public. Someone would just find out
about it, report to APOC, and a complaint would be filed.
SENATOR THERRIAULT said the Senate State Affairs Committee members
discussed this with Senator Donley, who believes that communication
association is a first amendment right and that it is appropriate
for unions to do this. Senator Therriault said he was trying to
make sure that corporations and other groups had the same rights to
communicate with their employees but under current regulation this
is already allowed. The suggested language in the new CS does not
try to limit that right, but it is not clear how APOC would
evaluate the value of a publication if there were a complaint.
CHAIRMAN TAYLOR said the $500 or less contribution impinges upon
everyone's first amendment rights. He said it is a policy call
whenever a person's right to free speech is restricted.
CHAIRMAN TAYLOR said it appears that deleting the language on page
5 accomplished the purpose that was intended.
Number 1490
SENATOR ELLIS said he would like to wait for Senator Donley's
explanation of the amendment before passing CSSB 103(JUD) out of
committee.
CHAIRMAN TAYLOR said he also was frustrated that Senator Donley
could not be there, but he understands the two amendments the
judiciary committee made to SB 103.
SENATOR THERRIAULT said that if Senator Ellis had questions on the
specific language or other portions of the bill, staff was there to
answer questions.
SENATOR ELLIS said he understood the bill.
SENATOR COWDERY moved CSSB 103(JUD) out of committee with
individual recommendation.
SENATOR ELLIS objected and a roll call vote was taken. Senators
Cowdery, Therriault and Chairman Taylor voted "yea." Senator Ellis
voted "nay," and so CSSB 103(JUD) moved from committee.
There being no further business to come before the committee,
CHAIRMAN TAYLOR adjourned the meeting at 2:03 p.m.
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