Legislature(1999 - 2000)
03/01/2000 01:44 PM Senate JUD
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SENATE JUDICIARY COMMITTEE
March 1, 2000
1:44 p.m.
MEMBERS PRESENT
Senator Robin Taylor, Chairman
Senator Rick Halford, Vice-Chairman
Senator Dave Donley
Senator Johnny Ellis
MEMBERS ABSENT
Senator John Torgerson
COMMITTEE CALENDAR
SENATE BILL NO. 277
"An Act relating to the elimination of the Alaska Administrative
Journal and the establishment of the Alaska Online Public Notice
System; amending public notice publication requirements for
regulations; and providing for an effective date."
-HEARD AND HELD
CS FOR HOUSE BILL NO. 67(JUD) am
"An Act relating to release of certain persons alleged to have
committed certain sexual offenses."
-HEARD AND HELD
PREVIOUS SENATE COMMITTEE ACTION
SB 277 - No previous action.
HB 67 - No previous action.
WITNESS REGISTER
Mr. Michael Morter
Aide to Senator Parnell
State Capitol Building
Juneau, Alaska 99801
POSITION STATEMENT: Introduced SB 277
Mr. John Lindback
Chief of Staff
Office of the Lt. Governor
State Capitol Building
Juneau, Alaska 99801
POSITION STATEMENT: Testified on SB 277
Ms. Janet Seitz
Staff to Representative Rokeberg
State Capitol Building
Juneau, Alaska 99801
POSITION STATEMENT: Introduced HB 67
Ms. Pat Fox
Address not provided
Fairbanks, Alaska
POSITION STATEMENT: Testified on HB 67
ACTION NARRATIVE
TAPE 00-9, SIDE A
Number 001
CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to
order at 1:44 p.m. and brought up SB 277 as the first order of
business.
SB 277-ONLINE SYSTEM REPLACES AK ADMIN JOURNAL
MR. MICHAEL MORTER, aide to Senator Parnell, read the following
statement:
You have before you today SB 277 which is sponsored by the
Senate Finance Committee at the request of the lieutenant
governor's office.
By way of history, the journal was created in statute in 1983
and has served as a compilation of public notices from state
agencies. These notices would include adopted regulations,
agency meetings, competitive solicitations and the like. The
Journal is published weekly by the lieutenant governor's
office at a cost of $90.00 per year and is currently sent to
9 out-of-state subscribers (down from 125 subscribers in
1993).
In June of last year, Governor Knowles initiated
Administrative Order 183 that requires agencies to submit
public notices to a central location on the Internet, the
Online Public Notice System. Rather than searching for public
notices agency by agency, the public now has the ability to go
to a specific site online for this information.
This legislation eliminates the requirement that the
lieutenant governor publish the Alaska Administrative Journal
and replaces it with the requirement that the lieutenant
governor provide oversight of the Alaska Online Public Notice
System.
SENATOR HALFORD asked what is left for a written record.
MR. MORTER responded it is his understanding the information is
archived online and people can download that information from the
Internet.
SENATOR HALFORD asked again if there will not be a written
document.
MR. JOHN LINDBACK, from the Lieutenant Governor's Office, responded
by saying the online journal is a compilation of public notices
that are published in other places--newspapers or broadcast media.
The original notice is retained with the originating agency. The
online journal, like the Alaska Administrative Journal, will be a
duplication of notices published elsewhere.
SENATOR HALFORD commented that other than the Internet there is not
one place a person can get all of the information. You can go to
the originating agency for a hard copy and you can go to the
lieutenant governor's office to create a hard copy.
SENATOR HALFORD asked about notification to the legislative affairs
agency within the old law--the bill says, "to any state employee
designated by the lieutenant governor to receive requests."
MR. LINDBACK responded it is his understanding that HB 37 will not
make any changes in the notification process. Currently,
legislative affairs places the Alaska Administrative Journal online
for the lieutenant governor's office. It has been done this way
for a long time and nothing has been done to change this. There is
no need for legislative affairs to be responsible for this any
longer.
MR. LINDBACK noted that in 1983 the legislature adopted the Alaska
Administrative Journal and because of public demand the Journal was
eventually published online. This resulted in a drop in
subscriptions for the hard copy, but complaints were received
because the online journal was not searchable. This is why the
Online Public Notice System was created--it is just another format
with a search function. Because of the statute, there is both a
published notice and online notice.
SENATOR HALFORD commented the lieutenant governor's office is doing
what the bill authorizes now, the only effect of this bill is to
drop the printed version.
MR. LINDBACK agreed.
SENATOR HALFORD noted the bill should have a negative fiscal note
instead of a zero fiscal note.
MR. LINDBACK said the fiscal note will stay the same because one
responsibility has been replaced with another.
SENATOR HALFORD asked what the printed service is worth.
MR. LINDBACK answered it costs $90.00 a year and there are nine
subscriptions.
SENATOR HALFORD responded he meant what it is worth in actual state
expenditures.
MR. LINDBACK answered it is not a question of expenditures but of
time, and the amount of time is decreasing as the number of
subscriptions decrease.
SENATOR HALFORD asked if it costs the state $5,000, $3,000,
$10,000--what does it cost?
MR. LINDBACK said he does not know the actual cost, he will furnish
the committee with these figures at a later time.
SENATOR TAYLOR asked if there will be a diminishment of the number
of public notices put in the press.
MR. LINDBACK responded no.
CHAIRMAN TAYLOR asked if the nine people still subscribing do not
have computers.
MR. LINDBACK said Allstate and the University of Iowa are two of
the subscribers and it is clear they have computers. At this time,
it is a statutory requirement that the journal be sent to them.
SENATOR HALFORD asked where in the bill is the requirement to
publish in the newspaper.
CHAIRMAN TAYLOR pointed out that section 4 lists the requirement,
"published in the newspaper of general circulation or trade or
industry publication that the state agency prescribes."
MR. LINDBACK said the requirements are sprinkled throughout the
statute.
SENATOR HALFORD asked for the definition of a "newspaper of general
circulation."
MR. LINDBACK said because this bill does not address this, he
cannot answer the question.
SENATOR ELLIS moved SB 277 out of committee with individual
recommendations.
SENATOR HALFORD objected because he would like to know the
interplay between publishing notices in a newspaper and notices
online.
SENATOR ELLIS withdrew his motion so the answer to Senator
Halford's questions can be addressed.
Number 919
HB 67-BAIL HEARING FOR SEX OFFENDERS
MS. JANET SEITZ, staff of Representative Rokeberg, explained that
HB 67 adds conditions regarding the release of perpetrators of
sexual abuse and sexual assault cases. HB 67 is similar to current
law regarding stalking and domestic violence. This legislation
requires a judge to consider the safety of an alleged victim and
the public. It also requires that if the accused is on prescribed
medication they must take that medication. HB 67 also keeps the
perpetrator from residing in a place where he will be in contact
with the alleged victim. And finally, the bill requires a judge to
check with the victim or victim's representative to see if they
want to testify or make any comments during the hearing.
MS. SEITZ said HB 67 results from a case where the daughter of a
constituent was victimized by a neighbor. At the arraignment the
alleged perpetrator changed his plea to no contest and the bail
hearing was held within 24 hours. Because of this, the victim's
mother was not notified and therefore could not testify, resulting
in the judge allowing bail on a very loose condition. The attorney
general asked for 24 hour supervision of the perpetrator and was
denied. The alleged perpetrator's apartment was in the same
complex as the mother and child--he was staying with a friend but
his possessions were in the apartment. The mother has asked
Representative Rokeberg to do something to protect victim's rights.
CHAIRMAN TAYLOR asked if Representative Rokeberg and his staff
worked with the Department of Law (DOL) on this bill.
MS. SITES responded they worked with Anne Carpeneti, DOL, and Doug
Wooliver of the Alaska Court System on the language.
SENATOR ELLIS commented that on page 2 line 2, the language reads:
"that the person reside in a place where the person is not likely
to come into contact with the alleged victim of the offense." He
asked if this means a different community or a different apartment
complex.
MS. SITES answered that in the case she sited, the judge set a
three mile limit on the perpetrator--so he would not be in the same
apartment complex. This was a stipulation for this individual
case.
SENATOR ELLIS asked if this is a usual order for this type of case.
MS. SITES responded she did not know.
SENATOR ELLIS noted that line 4 on page 2 says, "if the person is
on medication that the person take the medication as prescribed."
He asked if this is medication prescribed by the doctor and ordered
by the judge.
MS. SITES responded this language is in other laws being used now.
SENATOR ELLIS asked if this is medication to reduce a persons sex
drive.
MS. SITES responded if that is the type of drug prescribed at the
time.
SENATOR ELLIS asked what is the interest of this legislation with
someone taking their heart medication, is the bill talking about
the type of medication that effects a persons behavior.
MS. SITES answered it could be a range of medications. This
legislation is concerned with someone taking prescribed
antidepressants or other types of medication that will help them
control their behavior.
Number 1255
SENATOR HALFORD said he is concerned for people who come from
villages and may have a three mile limitation put on them--not
allowing them to go back to their community where they have
support.
MS. SITES responded it is not the sponsor's intention to keep
people from their support base, but the victim needs protection.
If the judge decides on a two or three block limit that may be
acceptable. The language of the bill says "may" impose--the three
mile limit was case specific.
SENATOR HALFORD wants the record to reflect that if a perpetrator
is from a small community, that setting a three mile limit should
only be for the most egregious case of significant danger to the
victim. A person should not be restricted from going back to their
support system.
MS. SITES stated this is the intent of Representative Rokeberg,
this bill is to make the court consider this.
SENATOR HALFORD stated he does not have a problem with the court
considering this. The priority is for protection of the victim,
but he is concerned for someone who has not been convicted and
cannot go back to their home town.
Number 1376
CHAIRMAN TAYLOR commented that HB 37 may be telling people it will
do more than what it actually does. A prosecuting attorney only
has to try calling the victim to notify them of new status, they do
not actually have to reach the victim to satisfy the requirement of
this bill.
MS. SITES responded that Representative Rokeberg is very concerned
that the victims be notified. This bill puts the prosecutor on
record, that yes he did try to reach the victim. The judge will
also ask the people in the courtroom if the victim or victim's
representative want to make a comment regarding the bail hearing.
CHAIRMAN TAYLOR and SENATOR HALFORD commented that a senate bill on
victims rights has been sitting in the House Finance Committee
since last year.
Number 1628
MS. PAT FOX, from Fairbanks, stated she had been raped seven years
ago. It happened in a village where there was no law enforcement
whatsoever. She had to move into town to get away from the
situation. There were witnesses that testified at the bail hearing
and were going to testify at the court hearing.
The perpetrator was released on $300.00 bail and went back to the
village and harassed the witnesses--there was no protection for
them. He came into town a lot, which was against his bail
condition of release, and it was not good enough for her to report
seeing him, someone else had to report seeing him. He was
eventually convicted and has just now been taken into custody.
This was a first degree rape, he was allowed out on bail during the
appeal, and harassed her for seven years. She was told that while
he was out on bail, his bail conditions would not be enforced
unless someone, other than herself, reported he had broken the law.
MS. FOX stated the system is bad the way it is set up, and she is
worried that this bill is too vague--it does not provide anything
substantial. Right now, the only protection a rape victim has is
to hide in a shelter--she could not afford to hide for seven years.
MS. FOX thinks the State of Alaska does not take sexual assault
seriously. If a perpetrator is allowed out on bail while he is
appealing or pending a trail, releasing him to a place where there
is no protection for the victim or witness should not be allowed.
MS. FOX stated she was almost relieved when she heard about this
bill but "there is nothing really solid about it."
Number 1800
SENATOR HALFORD commented that there should be a prohibition on
release after conviction pending appeal for a certain class of
crime. The title of this bill reads, "An Act relating to release
of certain persons alleged to have committed certain sexual
offenses," this deals with the entire process--"if the bill stood
under the title it would have some teeth."
CHAIRMAN TAYLOR commented that in England and Australia people do
not get out on appeal after a conviction. A person serves time
during the appeal process and if they win they are then released--
they get no credit for time served. There is never a specious
appeal except from lifers.
SENATOR HALFORD stated the language,"before ordering release before
or after trial, or pending appeal, of a person charged with or
convicted of a crime," is different from the language in the title.
The title is more restrictive than the language in the bill.
CHAIRMAN TAYLOR noted that the bill will be held in committee for
further research and more analysis.
SENATOR HALFORD stated that when dealing with a violent act against
a person, and there is a potential danger to that person, release
of a perpetrator should be restricted after the conviction.
With no further business to come before the committee, CHAIRMAN
TAYLOR adjourned the meeting at 2:20 p.m.
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