01/24/2007 01:30 PM Senate JUDICIARY
| Audio | Topic | 
|---|---|
| Start | |
| SB5 | |
| SB19 | |
| SB20 | |
| Adjourn | 
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 5 | TELECONFERENCED | |
| = | SB 19 | ||
| = | SB 20 | ||
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                        January 24, 2007                                                                                        
                           1:33 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Hollis French, Chair                                                                                                    
Senator Charlie Huggins                                                                                                         
Senator Bill Wielechowski                                                                                                       
Senator Lesil McGuire                                                                                                           
Senator Gene Therriault                                                                                                         
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 5                                                                                                               
"An Act relating to reporting of certain crimes."                                                                               
     HEARD AND HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 19                                                                                                              
"An Act  relating to  a public  officer's taking  official action                                                               
regarding a  matter in which  the public officer has  a financial                                                               
interest;  and  defining  'official   action'  under  the  Alaska                                                               
Executive Branch Ethics Act and related law."                                                                                   
     MOVED CSSB 19(JUD) OUT OF COMMITTEE                                                                                        
                                                                                                                                
SENATE BILL NO. 20                                                                                                              
"An  Act relating  to  disclosure to  the  Alaska Public  Offices                                                               
Commission  of  information  about  certain  income  received  as                                                               
compensation  for   personal  services  by   legislators,  public                                                               
members  of  the  Select Committee  on  Legislative  Ethics,  and                                                               
legislative directors subject to  the Legislative Ethics Act; and                                                               
providing for an effective date."                                                                                               
     MOVED CSSB 20(JUD) OUT OF COMMITTEE                                                                                        
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB  5                                                                                                                   
SHORT TITLE: FAILURE TO REPORT CRIMES                                                                                           
SPONSOR(s): SENATOR(s) MCGUIRE                                                                                                  
                                                                                                                                
01/16/07       (S)       PREFILE RELEASED 1/5/07                                                                                
01/16/07       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/16/07       (S)       JUD, FIN                                                                                               
01/24/07       (S)       JUD AT 1:30 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SB  19                                                                                                                  
SHORT TITLE: EXEC. BRANCH ETHICS:INTERESTS & ACTIONS                                                                            
SPONSOR(s): SENATOR(s) FRENCH, ELTON, MCGUIRE, WIELECHOWSKI,                                                                    
THOMAS, HUGGINS                                                                                                                 
                                                                                                                                
01/16/07       (S)       PREFILE RELEASED 1/5/07                                                                                
01/16/07       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/16/07       (S)       JUD, STA, FIN                                                                                          
01/22/07       (S)       JUD AT 1:30 PM BELTZ 211                                                                               
01/22/07       (S)       Heard & Held                                                                                           
01/22/07       (S)       MINUTE(JUD)                                                                                            
                                                                                                                                
BILL: SB  20                                                                                                                  
SHORT TITLE: LEGISLATIVE DISCLOSURES                                                                                            
SPONSOR(s): SENATOR(s) FRENCH, ELTON, MCGUIRE, WIELECHOWSKI,                                                                    
THOMAS, HUGGINS                                                                                                                 
                                                                                                                                
01/16/07       (S)       PREFILE RELEASED 1/5/07                                                                                
01/16/07       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/16/07       (S)       JUD, STA, FIN                                                                                          
01/22/07       (S)       JUD AT 1:30 PM BELTZ 211                                                                               
01/22/07       (S)       Heard & Held                                                                                           
01/22/07       (S)       MINUTE(JUD)                                                                                            
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
Anne Carpeneti, Assistant Attorney General                                                                                      
Criminal Division                                                                                                               
Department of Law                                                                                                               
PO Box 110300                                                                                                                   
Juneau, AK  99811-0300                                                                                                          
POSITION STATEMENT:  Answered questions regarding SB 5                                                                        
                                                                                                                                
Rick Svobodny, Chief Assistant Attorney General                                                                                 
Criminal Division                                                                                                               
Department of Law                                                                                                               
PO Box 110300                                                                                                                   
Juneau, AK  99811-0300                                                                                                          
POSITION STATEMENT:  Answered questions regarding SB 5                                                                        
                                                                                                                                
Lisa Sommer                                                                                                                     
Violent Crime Victim's Mother                                                                                                   
No address provided                                                                                                             
POSITION STATEMENT:  Supported SB 5                                                                                           
                                                                                                                                
Kathy Hansen                                                                                                                    
Alaska Office of Victims Rights                                                                                                 
           rd                                                                                                                   
1007 West 3 Avenue, Suite 205                                                                                                   
Anchorage, AK 99501                                                                                                             
POSITION STATEMENT:  Supported SB 5                                                                                           
                                                                                                                                
Gerad Godfrey                                                                                                                   
Office of Violent Rights Compensation Board                                                                                     
P.O. Box 111200                                                                                                                 
Juneau, AK 99811                                                                                                                
POSITION STATEMENT:  Supported SB 5                                                                                           
                                                                                                                                
Daniel Wayne                                                                                                                    
Legal and Research Services Division                                                                                            
Legislative Affairs Agency                                                                                                      
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Answered questions regarding SB 20                                                                       
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  HOLLIS   FRENCH  called  the  Senate   Judiciary  Standing                                                             
Committee meeting to order at 1:33:58  PM. Present at the call to                                                             
order  were  Senators  Gene Therriault,  Charlie  Huggins,  Lesil                                                               
McGuire, Bill Wielechowski, and Chair Hollis French.                                                                            
                                                                                                                                
                 SB 5-FAILURE TO REPORT CRIMES                                                                              
                                                                                                                                
1:34:22 PM                                                                                                                    
CHAIR HOLLIS FRENCH announced the consideration of SB 5.                                                                        
                                                                                                                                
SENATOR LESIL McGUIRE, Sponsor of  SB 5, thanked Chair French for                                                               
the  work he  had done  on the  bill, which  included discussions                                                               
with  Kiva's   mother.  Providing  background   information,  she                                                               
explained that  in 1999 former  Senator Drue Pearce  introduced a                                                               
bill  to require  mandatory reporting  of violent  crimes against                                                               
children.  Due  to controversy  at  the  time, reporting  violent                                                               
crimes against adults was not included.                                                                                         
                                                                                                                                
In 2005 Senator McGuire requested  a summary of what other states                                                               
do,  and  she  learned  that   about  10  states  have  mandatory                                                               
reporting requirements for violent  crimes. The descriptions vary                                                               
from state to  state, but they all stem from  heinous crimes that                                                               
caused  community members  to say  that they  wanted citizens  to                                                               
have  the additional  duty to  report when  they witness  violent                                                               
crimes.                                                                                                                         
                                                                                                                                
                                                                                                                                
SB 5 would  amend AS 11.56.765 to include adults  and children in                                                               
every case. It  would be a crime for someone  to witness and fail                                                               
to  report:  1) murder  or  attempted  murder,  2) kidnapping  or                                                               
attempted kidnapping,  3) sexual penetration or  attempted sexual                                                               
penetration:  a) without the  consent  of the  person, b) if  the                                                               
person is  mentally incapable, c) if the  person is incapacitated                                                               
or,  d) if the  person  is unaware  that a  sexual  act is  being                                                               
committed.                                                                                                                      
                                                                                                                                
The  current  language  referencing   age  is  removed,  but  the                                                               
language  about  reporting  in  a  timely  manner  is  unchanged.                                                               
Senator McGuire  explained that  Section 3 of  CSSB 5,  Version M                                                               
would make  it a class C  felony for failure to  report a violent                                                               
crime. [Version  M committee substitute  was distributed  but not                                                               
formally adopted.]                                                                                                              
                                                                                                                                
SENATOR McGUIRE said she and  Chair French discussed an amendment                                                               
to make it  a felony for an unclassified crime  and a misdemeanor                                                               
in  the other  cases. Stating  agreement with  Kiva's mother  she                                                               
said  that failure  to report  heinous  crimes ought  to carry  a                                                               
penalty that  has teeth. It could  be argued that if  it's not an                                                               
unclassified felony,  then the  serious felony  penalty shouldn't                                                               
apply. That discussion can come later, she said.                                                                                
                                                                                                                                
SENATOR McGUIRE mentioned a recent  conversation she had with the                                                               
Department  of Law  regarding a  citizen's obligation.  She noted                                                               
that someone  made the observation  that in 500 years  of English                                                               
law, there has never been  the requirement for citizen bystanders                                                               
to report crimes. The consequence  of that is that citizens don't                                                               
believe it's  their job to  respond. We accept the  privileges of                                                               
being a citizen of the United  States and a citizen of Alaska and                                                               
some obligations  come with  those privileges,  she said.  One of                                                               
those obligations  is to look  around and respond if  you witness                                                               
something as  heinous as  what happened to  Kiva Friedman  and if                                                               
you don't,  that is  an affront to  our community.  Responding to                                                               
others when they are in need is the spirit of this bill.                                                                        
                                                                                                                                
1:40:17 PM                                                                                                                    
SENATOR  GENE  THERRIAULT  recalled  that during  the  debate  on                                                               
Senator  Pearce's  bill there  was  discussion  about a  person's                                                               
right  to  not   self-incriminate.  He  asked  if   she  had  had                                                               
discussions with DOL regarding situations  in which a person is a                                                               
party to  the crime so  his or her  call to authorities  could be                                                               
self-incriminating.                                                                                                             
                                                                                                                                
SENATOR McGUIRE  said the  right to  not self-incriminate  is the                                                               
most  difficult issue,  but DOL  also raised  the question  about                                                               
whether  reporting a  crime opens  an argument  for immunity.  It                                                               
will be complex  and DOL is looking at ways  to improve the bill,                                                               
she said.                                                                                                                       
                                                                                                                                
Other states  have said that there  might be a defense  that says                                                               
that if reporting  would bring immediate physical harm  to you or                                                               
your  family,  then you  don't  have  the obligation  to  report.                                                               
That's  a  good  argument  and  the only  defense  she  would  be                                                               
amenable to, she stated.                                                                                                        
                                                                                                                                
CHAIR  FRENCH noted  that a  couple of  affirmative defenses  can                                                               
already be found in AS 11.56.765.  One defense is that the person                                                               
reasonably  believed  that  reporting   would  risk  exposure  to                                                               
physical  injury. For  instance,  a child  might  not report  one                                                               
parent  committing domestic  violence against  the other  parent.                                                               
Another  affirmative defense  is if  a  person acts  to stop  the                                                               
crime then  there is no duty  to report that he  or she witnessed                                                               
something. SB 5 would not affect those affirmative defenses.                                                                    
                                                                                                                                
SENATOR THERRIAULT asked if either  touches on the issue of self-                                                               
incrimination.                                                                                                                  
                                                                                                                                
CHAIR FRENCH said his view is that  it is a catch 22 that has not                                                               
been resolved.  It's an issue  that would be  good to get  on the                                                               
record because  there are  classic cases,  such as  Kiva's, where                                                               
the law  does apply,  but there  are some  cases where  that tool                                                               
would not be used.                                                                                                              
                                                                                                                                
SENATOR THERRIAULT asked if a person  who is a partner to a crime                                                               
would have immunity if he or she were to report the incident.                                                                   
                                                                                                                                
CHAIR FRENCH  said ultimately  the person  who commits  the crime                                                               
will never be the target of this particular charge.                                                                             
                                                                                                                                
SENATOR THERRIAULT clarified he was talking about an accomplice.                                                                
                                                                                                                                
CHAIR  FRENCH  responded the  same  argument  would apply.  If  a                                                               
murder  is  committed  in  the  course  of  a  bank  robbery,  an                                                               
accomplice would  be charged with  bank robbery, but  not failure                                                               
to report.                                                                                                                      
                                                                                                                                
1:45:29 PM                                                                                                                    
SENATOR WIELECHOWSKI  added that a  piece of legislation  can not                                                               
trump  the constitution.  A  person would  not  lose their  Fifth                                                               
Amendment rights if this bill were to pass.                                                                                     
                                                                                                                                
SENATOR  McGUIRE said  it's  simply a  tool  for prosecutors  and                                                               
sometimes the decision may be against bringing a case.                                                                          
                                                                                                                                
CHAIR FRENCH agreed.                                                                                                            
                                                                                                                                
SENATOR  HUGGINS  expressed  the  concern  that  the  bill  won't                                                               
necessarily make good citizens.                                                                                                 
                                                                                                                                
1:47:21 PM                                                                                                                    
SENATOR  McGUIRE said  it  will send  a message  and  serve as  a                                                               
method  of punishing  those who  choose to  turn a  blind eye  in                                                               
cases that  could save a life.  The crimes that are  included are                                                               
narrow and easy to identify. The  notion is that if someone is in                                                               
a serious physical  situation then a witness  or bystander should                                                               
pick up the phone.                                                                                                              
                                                                                                                                
SENATOR   WIELECHOWSKI  referenced   page  2,   subparagraph  (D)                                                               
relating  to the  assault of  a  person. He  questioned how  that                                                               
section might apply to a bystander  witness who does not stop and                                                               
report a drunk driver who has crashed into someone else.                                                                        
                                                                                                                                
SENATOR  McGUIRE  replied  that  isn't   the  target,  but  if  a                                                               
reasonable person sees that a  drunk driver caused serious injury                                                               
to  another person  she would  hope  that person  would call  for                                                               
help.                                                                                                                           
                                                                                                                                
CHAIR FRENCH  added that to  be prosecuted the person  would need                                                               
to know that  there had been a car accident  and that someone had                                                               
sustained   serious    physical   injury.   Depending    on   the                                                               
circumstances  there could  be a  righteous prosecution,  but the                                                               
ultimate  check is  the  discretion of  the  prosecution and  the                                                               
jury.                                                                                                                           
                                                                                                                                
1:50:55 PM                                                                                                                    
SENATOR  THERRIAULT  asked  if the  existing  statutory  language                                                               
regarding reporting  in a "timely  manner" is  a term of  art and                                                               
what  it might  allow. He  asked if  waiting three  or four  days                                                               
before making a report would be timely.                                                                                         
                                                                                                                                
1:52:03 PM                                                                                                                    
SENATOR McGUIRE  said she  didn't see  that mentioned  during the                                                               
debate surrounding Senator Pearce's bill  and she isn't sure that                                                               
phrase was chosen, but waiting three  or four days to report rape                                                               
and sodomy  would certainly not  be timely. The  word "immediate"                                                               
does raise the  question of a person's duty.  Language that would                                                               
improve the bill is welcome, she said.                                                                                          
                                                                                                                                
SENATOR THERRIAULT asked DOL to interpret the phrase.                                                                           
                                                                                                                                
CHAIR  FRENCH asked  Ms. Carpeneti  to interpret  the meaning  of                                                               
"timely manner" in the context of the statute.                                                                                  
                                                                                                                                
1:53:53 PM                                                                                                                    
ANNE CARPENETI,  Assistant District Attorney,  Criminal Division,                                                               
Department of Law,(DOL) said it is  unusual to see those words in                                                               
criminal statute.  She did  not recall whether  or not  they were                                                               
discussed when the  law was originally enacted.  The terms aren't                                                               
as clear  as you would  hope if  you were prosecuting  a criminal                                                               
case, she stated.                                                                                                               
                                                                                                                                
SENATOR THERRIAULT suggested the  committee consider changing the                                                               
terms if they are unclear or poorly defined.                                                                                    
                                                                                                                                
MS.  CARPENETI said  she would  like to  review the  bill history                                                               
because she  would expect  to see  the terms  in a  civil statute                                                               
rather than a criminal statute.                                                                                                 
                                                                                                                                
SENATOR WIELECHOWSKI  asked if  there is  a more  applicable term                                                               
from a criminal perspective.                                                                                                    
                                                                                                                                
MS. CARPENETI said  she would like some time to  review the issue                                                               
before giving a suggestion.                                                                                                     
                                                                                                                                
SENATOR McGUIRE read the following  Senate Judiciary minutes from                                                               
February 24, 1999:                                                                                                              
                                                                                                                                
     Senator  Ellis  asked  how   the  new  requirement  for                                                                    
     "timely" reporting  in the bill would  compare with the                                                                    
     previous requirement  for immediate  reporting. Senator                                                                    
     Donley  observed   that  the  requirement   for  timely                                                                    
     reporting allows  for a more flexible  application. Ms.                                                                    
     Carpeneti agreed.                                                                                                          
                                                                                                                                
SENATOR THERRIAULT suggested that Ms.  Carpeneti find out if that                                                               
terminology has posed any problem.                                                                                              
                                                                                                                                
MS.  CARPENETI responded  the term  "immediate" is  probably even                                                               
more problematic. The idea is for  a person to call the police as                                                               
soon as is safely possible.                                                                                                     
                                                                                                                                
SENATOR McGUIRE said  the idea is to find a  word that reasonably                                                               
falls between "immediate" and so much  later that the call is not                                                               
relevant.                                                                                                                       
                                                                                                                                
MS.  CARPENETI  said  the  terms   "timely  manner"  are  current                                                               
language and to  her knowledge they have not  been interpreted in                                                               
a court case.                                                                                                                   
                                                                                                                                
CHAIR FRENCH added  that ultimately it would be  a prosecutor and                                                               
a jury decision as to what would constitute "timely."                                                                           
                                                                                                                                
MS. CARPENETI mentioned the  constitutional responsibility to not                                                               
make something vague.                                                                                                           
                                                                                                                                
CHAIR FRENCH asked  Mr. Svobodny whether the  current statute has                                                               
been used to prosecute someone  for not reporting a crime against                                                               
a child.                                                                                                                        
                                                                                                                                
1:58:28 PM                                                                                                                    
RICK  SVOBODNY,   Chief  Assistant  Attorney   General,  Criminal                                                               
Division, Department  of Law, advised  that the statue  has never                                                               
been used.                                                                                                                      
                                                                                                                                
CHAIR FRENCH  hypothetically queried  whether charges  would have                                                               
been brought against  the three men in Kiva's case  had this bill                                                               
been in statute.                                                                                                                
                                                                                                                                
MR. SVBODNEY  said he was  not in a  position to answer,  but the                                                               
prosecutor  commented  that  the   three  men  were  cooperative.                                                               
Bringing  charges  under  this statute  could  have  resulted  in                                                               
tactical  problems at  trial  because the  men  may have  claimed                                                               
Fifth Amendment privilege and demanded immunity.                                                                                
                                                                                                                                
MR.  SVBODNEY referenced  the issue  of timeliness  and suggested                                                               
the committee  look at language  under the requirement  to report                                                               
an  auto accident.  It has  language about  reporting immediately                                                               
and in a manner that is safe for the person who is reporting.                                                                   
                                                                                                                                
SENATOR THERRIAULT  noted that states  with similar laws  use the                                                               
terms  "immediately",  "reasonably  practical",  and  "reasonably                                                               
possible".                                                                                                                      
                                                                                                                                
CHAIR FRENCH opened public testimony.                                                                                           
                                                                                                                                
2:01:56 PM                                                                                                                    
LISA  SOMMER,  victim's  mother,   told  the  committee  she  was                                                               
representing  her  daughter,  Kiva  Friedman,  who  was  brutally                                                               
murdered on  April 26,  2003 by Jerry  McClain. She  related that                                                               
three other people, all of whom  knew Kiva, could have helped her                                                               
or  could  have  reported  the   crime,  but  they  did  nothing.                                                               
According to Alaska law they did  not commit a crime, but this is                                                               
wrong, she  asserted. When a  person has knowledge that  a felony                                                               
is being committed he or she  should be obliged to report it. She                                                               
emphasized that that should be in the bill somehow.                                                                             
                                                                                                                                
MR.  SOMMER read  page 2  of the  Victim's Impact  Statement that                                                               
told about her daughter's decision  to move to Alaska. Her career                                                               
was  moving forward,  she bought  her first  house, she  made new                                                               
friends, and  her artistic endeavors were  expanding. Tragically,                                                               
her daughter's life  was cut short by  a man who had  none of her                                                               
qualities.                                                                                                                      
                                                                                                                                
MS.  SOMMER said  Jerry McClain  murdered her  daughter directly,                                                               
but the three men who arrived  at the crime scene and did nothing                                                               
murdered  her indirectly.  She emphasized  that  someone who  has                                                               
knowledge of a  felony having to do with torture,  abuse, rape or                                                               
assault should  have the duty  to report.  The fact that  the men                                                               
had no such responsibility is criminal  in its own right and that                                                               
should be changed.  Jerry McClain's brother, Jesse,  knew Kiva so                                                               
this was  more than a  Good Samaritan civic duty  violation; this                                                               
was more like the federal  misprision of a felony type violation,                                                               
she  said. She  urged  the committee  to pass  the  bill to  help                                                               
protect women  and children in  particular and to  consider using                                                               
the words  "knowledge of  a felony"  and "deliberate  omission to                                                               
report."  The fact  that the  victim is  known is  important, she                                                               
said.                                                                                                                           
                                                                                                                                
In conclusion she  read her poem, Mother's Pledge. A  copy may be                                                               
found in the bill file.                                                                                                         
                                                                                                                                
CHAIR FRENCH thanked Ms. Sommer for her testimony.                                                                              
                                                                                                                                
2:15:04 PM                                                                                                                    
KATHY HANSEN, Staff Attorney and  Interim Director, Alaska Office                                                               
of  Victims' Rights,  reported that  she worked  with Ms.  Sommer                                                               
during the  criminal prosecution of Jerry  McClain. She explained                                                               
that the bill the Alaska Legislature  passed in 1999 arose from a                                                               
Nevada murder  case where a  friend of the  perpetrator witnessed                                                               
the  crime and  did nothing  to report.  Kiva Friedman's  case is                                                               
similar and  there is some  probability she would still  be alive                                                               
had  any   of  the  witnesses   called  the  police,   she  said.                                                               
Furthermore, her  death might not  have occurred if this  law had                                                               
passed in 1999.                                                                                                                 
                                                                                                                                
MS.  HANSEN said  it's important  that laws  reflect a  society's                                                               
morals and there  is no question that what the  bystanders did in                                                               
Kiva's case  was morally wrong.  SB 5 would serve  an educational                                                               
function  that  could  prevent  further  deaths  and  help  solve                                                               
crimes.                                                                                                                         
                                                                                                                                
Passing  SB 5  would provide  an effective  tool for  prosecutors                                                               
even if  it's used  infrequently. It  would give  prosecutors the                                                               
discretion to  prosecute offenders like Jerry  McClain's friends;                                                               
it would provide a fallback  for prosecutors when the evidence is                                                               
insufficient  to  prosecute; and  it  would  help prosecutors  in                                                               
general  because  witnesses would  know  that  coming forward  is                                                               
required.                                                                                                                       
                                                                                                                                
MS. HANSEN said  United States vs. Weekly gives  insight into the                                                               
Fifth Amendment problems. The court  held that if the person lies                                                               
when  giving  information,  then  there  is  no  Fifth  Amendment                                                               
protection  and  any  information  that is  given  would  not  be                                                               
protected as privileged. She emphasized  that it must to be clear                                                               
that a defendant  does not have an obligation to  report if doing                                                               
so  would violate  the privilege  against self-incrimination.  If                                                               
that  exception  is  included  then  there  would  be  no  forced                                                               
immunity.                                                                                                                       
                                                                                                                                
Referencing the  obligation to  report a  car accident,  she said                                                               
that if  the purpose  of the  law is to  educate the  public then                                                               
attaching a misdemeanor or small fine to not reporting is okay.                                                                 
                                                                                                                                
MS.  HANSEN suggested  establishing an  exception if  the witness                                                               
reasonably believes  the crime  has already  been reported  or if                                                               
they are  unable to report  due to a duty  to another, such  as a                                                               
small child.                                                                                                                    
                                                                                                                                
With regard to timeliness she  suggested the language include, "a                                                               
timely manner  concerning the circumstances of  the crime." Also,                                                               
she suggested including  a definition for objectivity  to make it                                                               
clear that what  the prosecutor is proving and what  the court or                                                               
jury is looking  at is that the person knew  or should have known                                                               
about the timely  manner for reporting. Finally,  there should be                                                               
an  objective standard  that the  defendant knew  or should  have                                                               
known that  a violent crime was  occurring and that it  should be                                                               
reported.  That  would  eliminate  the question  about  what  the                                                               
person subjectively believed.                                                                                                   
                                                                                                                                
2:23:04 PM                                                                                                                    
SENATOR  WIELECHOWSKI asked  if she  had recommended  a provision                                                               
about excluding self incrimination.                                                                                             
                                                                                                                                
MS. HANSEN said  yes, but Patricia Young's  1/17/07 legal opinion                                                               
came  out subsequent  to the  pre-filed bill.  She suggested  the                                                               
committee allow the Department of  Law time to review the opinion                                                               
and consider whether or not a better model might apply.                                                                         
                                                                                                                                
SENATOR WIELECHOWSKI  asked if she  had an opinion  about whether                                                               
prosecutions would  be more difficult  if the duty to  assist was                                                               
in statute.                                                                                                                     
                                                                                                                                
MS.  HANSEN replied  she  believes  the model  in  the packet  is                                                               
appropriate and she is convinced it's  not unusual to have a duty                                                               
to assist in appropriate situations. She read from the model:                                                                   
                                                                                                                                
     My interest in testifying  is to protect crime victims,                                                                    
     but as a citizen I  think there are situations where it                                                                    
     may not be clear that there  is a crime but it would be                                                                    
     clear that someone is in need of help.                                                                                     
                                                                                                                                
MS. HANSEN  asked the committee  to consider changing  the statue                                                               
to reflect  the model language  to apply to  emergency situations                                                               
where an  objective and reasonable  person would consider  that a                                                               
victim is in need of  assistance to prevent imminent or perceived                                                               
imminent danger of physical harm.                                                                                               
                                                                                                                                
SENATOR WIELECHOWSKI  commented he  could envision  situations in                                                               
remote  locations  in  particular,  where calling  might  not  be                                                               
feasible but assisting would be possible.                                                                                       
                                                                                                                                
MS. HANSEN mentioned the example of  a disabled car in below zero                                                               
temperatures  where  no   one  will  stop  to   offer  help.  She                                                               
emphasized that if you see someone  in that kind of situation and                                                               
you don't have a  cell phone to call for help,  then you ought to                                                               
pull  over.  Furthermore,  there  should be  a  penalty  for  not                                                               
stopping  because the  consequence of  not doing  so can  be very                                                               
serious.                                                                                                                        
                                                                                                                                
2:26:56 PM                                                                                                                    
SENATOR HUGGINS mentioned  an abusive video clip  that was posted                                                               
on MySpace  and commented  that we have  a youthful  culture that                                                               
views that  sort of activity  as recreational. He  questioned the                                                               
affect this law would have in that kind of situation.                                                                           
                                                                                                                                
CHAIR FRENCH said when a  scuffle or shoving incident segues into                                                               
something  more serious,  it's  appropriate to  place  a duty  to                                                               
report on bystanders.                                                                                                           
                                                                                                                                
SENATOR  HUGGINS  mentioned  the confrontation  at  an  Anchorage                                                               
football field where there was  shooting. He didn't know how many                                                               
witnesses there were or how many people called the police.                                                                      
                                                                                                                                
CHAIR FRENCH said he supports an  exception to the duty to report                                                               
if you reasonably believe the crime has already been reported.                                                                  
                                                                                                                                
2:30:00 PM                                                                                                                    
GERAD  GODFREY,  Chairman,  Alaska  Violent  Crimes  Compensation                                                               
Board,  read a  response letter  to the  editor he  wrote several                                                               
years  ago  about  the  duty   to  report  a  violent  crime  and                                                               
specifically  the  Kiva  Friedman  murder.  He  highlighted  that                                                               
although the  crime itself  was despicable,  the fact  that three                                                               
other men  were aware of  the crime and  did nothing to  help the                                                               
suffering woman  was comparably  depraved. Technically  the three                                                               
men weren't accomplices, but it's  deplorable when citizens could                                                               
act  and they  choose not  to. When  one enjoys  the benefits  of                                                               
living in  a civilized society there  is a civic duty  to comport                                                               
with a minimum standard of  decency. Furthermore, this civic duty                                                               
ought to be largely non-negotiable.  In a free society obligatory                                                               
legislation offers a  fine line to tread, but for  the welfare of                                                               
society it warrants treading, he said.                                                                                          
                                                                                                                                
MR.  GODFREY related  his extensive  experience  with victims  of                                                               
violent crime. More often that  you'd expect someone was privy to                                                               
the violence  that was perpetrated  yet elected not  to intervene                                                               
by simply notifying the police.  He expressed the opinion that in                                                               
civilized society there  is no excuse for that.  He applauded Ms.                                                               
Sommer for  sharing her  story and  perusing this  legislation so                                                               
there won't be other cases such as Kiva's.                                                                                      
                                                                                                                                
2:33:08 PM                                                                                                                    
MR.  GODFREY   referenced  the  movie  "Schindler's   List"  that                                                               
chronicles Oscar  Schindler's efforts to save  about 1,200 Jewish                                                               
people  from  concentration  camps  and  said  what  he  did  was                                                               
exceptional.  This   legislation  doesn't  ask  citizens   to  do                                                               
anything  exceptional at  all. It  would simply  require what  is                                                               
akin to common civic decency.                                                                                                   
                                                                                                                                
MR. GODFREY  said the bill  treads a fine constitutional  line in                                                               
that it  would impart  a duty  to act when  there is  no previous                                                               
duty.  Comparing  failure to  report  a  violent crime  with  the                                                               
criminal act of failing to file  an income tax form, he said it's                                                               
easier  to  call the  authorities  than  to  file a  tax  return.                                                               
However,  the  morality  of  the  two  issues  is  chasms  apart.                                                               
Omission  to act  with  regard  to filing  a  tax return  doesn't                                                               
result in suffering  and death, but omission to  act in instances                                                               
like Kiva Friedman's makes a difference  in whether or not a life                                                               
is saved.                                                                                                                       
                                                                                                                                
Kiva died of injuries that could  have been treated had the three                                                               
men  called for  assistance when  they became  privy to  what was                                                               
happening.  However, it's  not just  Kiva's survival  to consider                                                               
it's also  the reverberating  impact to  the secondary  victims -                                                               
husbands, wives,  and children  - whose  lives are  destroyed. He                                                               
encouraged  the  committee and  the  Legislature  as a  whole  to                                                               
maintain focus on those victims as well.                                                                                        
                                                                                                                                
2:37:09 PM                                                                                                                    
CHAIR FRENCH found  no questions or further  testimony and closed                                                               
public  testimony on  SB  5  He recapped  three  areas that  need                                                               
further attention:  the timeliness  issue, the exception  for the                                                               
reasonable belief that  the crime has already  been reported, and                                                               
severity - unclassified versus other felony level crimes.                                                                       
                                                                                                                                
CHAIR FRENCH held SB 5 in committee.                                                                                            
                                                                                                                                
At ease from 2:38:03 PM to 2:45:11 PM                                                                                       
                                                                                                                                
         SB  19-EXEC. BRANCH ETHICS:INTERESTS & ACTIONS                                                                     
                                                                                                                              
CHAIR  HOLLIS FRENCH  announced the  consideration of  SB 19  and                                                               
reminded  members  that  CSSB  19,  Version  M,  was  before  the                                                               
committee. He numbered the proposed amendments 1-6.                                                                             
                                                                                                                                
2:45:19 PM                                                                                                                    
SENATOR CHARLIE  HUGGINS motioned  to adopt Amendment  1, labeled                                                               
25-LS0160\M.1, as follows:                                                                                                      
                                                                                                                                
                      A M E N D M E N T 1                                                                                   
                                                                                                                                
     Page 1, line 1, following "regarding":                                                                                   
          Insert ", or influencing,"                                                                                          
                                                                                                                                
     Page 1, line 6, following "officer's":                                                                                     
          Insert "action or influence with respect to the                                                                       
     officer's"                                                                                                                 
                                                                                                                                
CHAIR FRENCH explained  that the amendment makes  two changes the                                                               
first of which is  a slight change to the title.  The second is a                                                               
grammatical  clarification indicating  that  it's  the action  or                                                               
influence that is the violation.                                                                                                
                                                                                                                                
Amendment 1 was adopted without objection.                                                                                      
                                                                                                                                
SENATOR HUGGINS motioned to adopt Amendment 2, labeled 25-                                                                      
LS0160\M.2, as follows:                                                                                                         
                                                                                                                                
                      A M E N D M E N T 2                                                                                   
                                                                                                                                
     Page 1, line 7:                                                                                                            
          Delete "the outcome of"                                                                                               
                                                                                                                                
     Page 1, line 10:                                                                                                           
     Delete "matter's outcome"                                                                                                  
     Insert "matter"                                                                                                            
                                                                                                                                
CHAIR FRENCH restated the changes and noted that Senator                                                                        
Therriault looked quizzical.                                                                                                    
                                                                                                                                
SENATOR GENE THERRIAULT questioned removing the word "outcome."                                                                 
                                                                                                                                
CHAIR FRENCH responded it didn't strike him as a substantive                                                                    
change.                                                                                                                         
                                                                                                                                
Amendment 2 was adopted without objection                                                                                       
                                                                                                                                
2:49:25 PM                                                                                                                    
SENATOR HUGGINS motioned to adopt Amendment 3, labeled 25-                                                                      
LS0160\M.3, as follows:                                                                                                         
                                                                                                                                
                      A M E N D M E N T 3                                                                                   
                                                                                                                                
     Page 2, line 1:                                                                                                            
          Delete "and"                                                                                                          
          Insert "or"                                                                                                           
                                                                                                                                
CHAIR FRENCH explained that the drafters opined that the word                                                                   
"and" is confusing in this context.                                                                                             
                                                                                                                                
SENATOR THERRIAULT asked if subparagraph (C) didn't sweep in                                                                    
subparagraph (B) and make it unnecessary.                                                                                       
                                                                                                                                
CHAIR FRENCH advised that (B) relates to a personal interest and                                                                
(C) relates to a financial interest.                                                                                            
                                                                                                                                
SENATOR THERRIAULT asked about a separate definition for                                                                        
"personal interest."                                                                                                            
                                                                                                                                
CHAIR FRENCH said the definition  was read into the record during                                                               
the last hearing.                                                                                                               
                                                                                                                                
SENATOR THERRIAULT agreed.                                                                                                      
                                                                                                                                
Amendment 3 was adopted without objection.                                                                                      
                                                                                                                                
SENATOR  HUGGINS  motioned  to  adopt Amendment  4,  labeled  25-                                                               
LS0160\M.7, as follows:                                                                                                         
                                                                                                                                
                      A M E N D M E N T 4                                                                                   
                                                                                                                                
                                                                                                                                
     Page 2, line 5, following "business":                                                                                      
          Insert "and the controlling interest has a fair                                                                       
     market value of $5,000 or more"                                                                                            
                                                                                                                                
CHAIR  FRENCH explained  that  this addresses  the  issue of  the                                                               
worth  of  a  business  that  someone  has  an  interest  in.  He                                                               
mentioned the lemonade  stand example and said  it doesn't matter                                                               
if someone  has a controlling interest  in the business if  it is                                                               
of  relatively little  value. The  $5,000  standard was  selected                                                               
because it is used elsewhere in the bill.                                                                                       
                                                                                                                                
CHAIR  FRENCH   restated  (C)(i)   and  questioned   whether  the                                                               
amendment shouldn't read  "$5,000 or less" instead  of "$5,000 or                                                               
more." Several  committee members voiced agreement  and the Chair                                                               
proposed to  change "or more" to  "or less" on line  2. There was                                                               
no objection.                                                                                                                   
                                                                                                                                
Amendment 4, as amended, was adopted without objection.                                                                         
                                                                                                                                
2:54:01 PM                                                                                                                    
SENATOR  HUGGINS  motioned  to  adopt Amendment  5,  labeled  25-                                                               
LS0160\M.5, as follows:                                                                                                         
                                                                                                                                
                      A M E N D M E N T 5                                                                                   
                                                                                                                                
     Page 2, line 8, following "total":                                                                                         
          Insert "fair market"                                                                                                  
                                                                                                                                
      Page 2, line 10, following the second occurrence of                                                                       
     "the":                                                                                                                     
          Insert "fair market"                                                                                                  
                                                                                                                                
     Page 2, line 11, following "total":                                                                                        
          Insert "fair market"                                                                                                  
                                                                                                                                
CHAIR  FRENCH explained  that this  captures the  concern Senator                                                               
Therriault expressed  at the  previous hearing  regarding valuing                                                               
business interests.                                                                                                             
                                                                                                                                
Amendment 5 was adopted without objection.                                                                                      
                                                                                                                                
SENATOR  HUGGINS  motioned  to  adopt Amendment  6,  labeled  25-                                                               
LS0160\M.6, as follows:                                                                                                         
                                                                                                                                
                      A M E N D M E N T 6                                                                                   
                                                                                                                                
     Page 2, line 14:                                                                                                           
     Delete "elected"                                                                                                           
                                                                                                                                
CHAIR  FRENCH  explained  that  an   officer  in  a  business  is                                                               
precluded from taking official action  on behalf of that business                                                               
while he or  she is employed as an executive  branch employee. It                                                               
doesn't matter whether the officer is elected or not.                                                                           
                                                                                                                                
Amendment 6 was adopted without objection                                                                                       
                                                                                                                                
SENATOR  WIELECHOWSKI  asked  the  committee  to  reconsider  the                                                               
amendment  to  Amendment 4  because  the  term really  should  be                                                               
"more."                                                                                                                         
                                                                                                                                
CHAIR FRENCH  called a brief  at-ease and reconvened  the meeting                                                               
at 2:57:04 PM.                                                                                                                
                                                                                                                                
CHAIR FRENCH  brought Amendment 4  back before the  committee and                                                               
restated the original version as follows:                                                                                       
                                                                                                                                
     Page 2, line 5, following "business":                                                                                      
          Insert "and the controlling interest has a fair                                                                       
     market value of $5,000 or more"                                                                                            
                                                                                                                                
Amendment 4 was adopted without objection                                                                                       
                                                                                                                                
Finding  no further  questions or  amendments Chair  French asked                                                               
for the will of the committee.                                                                                                  
                                                                                                                                
SENATOR LESIL  McGUIRE motioned  to report  CSSB 19,  as amended,                                                               
from committee with individual  recommendations and attached zero                                                               
fiscal  note(s). There  being no  objection,  CSSB 19(JUD)  moved                                                               
from the Senate Judiciary Committee.                                                                                            
                                                                                                                                
CHAIR FRENCH called a brief recess.                                                                                             
                                                                                                                                
                 SB  20-LEGISLATIVE DISCLOSURES                                                                             
                                                                                                                              
3:00:41 PM                                                                                                                    
CHAIR HOLLIS FRENCH announced the consideration of SB 20.                                                                       
                                                                                                                                
SENATOR CHARLIE  HUGGINS motioned  to adopt Amendment  1, labeled                                                               
25-LS0161\E.1, as follows:                                                                                                      
                                                                                                                                
                          Amendment 1                                                                                       
                                                                                                                              
     Page 2, line 3:                                                                                                            
          Delete "a dividend"                                                                                               
          Insert "dividend income in excess of $1,000"                                                                      
                                                                                                                                
CHAIR  FRENCH  said the  amendment  clarifies  that the  dividend                                                               
received also  has to be in  excess of $1,000 in  order for there                                                               
to be a  reporting requirement. "If you get a  $50 dividend, $500                                                               
dividend, you  don't have  to report it,  just like  your income.                                                               
But if the dividend is over  $1,000, then, just like your income,                                                               
you have  to report  the name  and address of  the source  of the                                                               
income."                                                                                                                        
                                                                                                                                
Amendment 1 was adopted without objection.                                                                                      
                                                                                                                                
3:01:46 PM                                                                                                                    
CHAIR FRENCH questioned  the reporting requirements in  SB 20. He                                                               
asked  if lines  2-5 would  require  a doctor  to report  patient                                                               
names.                                                                                                                          
                                                                                                                                
DANIEL  WAYNE,  Counsel,  Legislative  Legal,  said  there  is  a                                                               
superseding law  to protect patient  confidentiality. He  said he                                                               
thinks that it is called  HIPAA [Health Insurance Portability and                                                               
Accountability Act of 1996].                                                                                                    
                                                                                                                                
CHAIR  FRENCH surmised  that a  doctor  will not  be required  to                                                               
report patient names.                                                                                                           
                                                                                                                                
MR.  WAYNE said  he doesn't  think  it is  necessary to  describe                                                               
every  exception like  that one.  Under HIPAA,  a federal  law, a                                                               
doctor  is prohibited  from disclosing  patient  names. "I  think                                                               
that courts  interpret laws in  a way that's reasonable  to avoid                                                               
those kinds of ridiculous outcomes."                                                                                            
                                                                                                                                
3:04:02 PM                                                                                                                    
SENATOR LESIL  McGUIRE said there  are some  ridiculous outcomes,                                                               
but  there is  a tremendous  amount of  misunderstanding in  this                                                               
area  of  the  law.  The  law will  also  apply  to  spouses  and                                                               
children, she  noted. She said  she would like to  see guidelines                                                               
making the  provision very  clear. Not  everyone will  know about                                                               
the  exceptions that  supersede the  law. Certain  attorneys have                                                               
talked about  the reporting provision hindering  their ability to                                                               
practice  law,  and she  gave  examples  of divorce  and  custody                                                               
cases. Perhaps the drafter could  provide an addendum listing the                                                               
exclusions, she said.                                                                                                           
                                                                                                                                
MR.  WAYNE suggested  including: "except  as prohibited  by other                                                               
laws." It would  be difficult to find all  exceptions. The Select                                                               
Committee  on  Legislative Ethics  has  dealt  with some  of  the                                                               
exceptions, including coming out  with the opinion that attorneys                                                               
must reveal the names of their  clients. He said he could provide                                                               
a partial list.                                                                                                                 
                                                                                                                                
CHAIR FRENCH suggested  that Senator McGuire may  be dealing with                                                               
the wording in her committee.                                                                                                   
                                                                                                                                
3:06:54 PM                                                                                                                    
SENATOR GENE  THERRIAULT said the  duty is  to make a  good faith                                                               
effort to get  the information from spouses, "but  if they refuse                                                               
to  give  it to  you,  you've  done what  you  can."  He said  he                                                               
controls his own  actions and not the actions of  his wife or the                                                               
partners in her law firm.                                                                                                       
                                                                                                                                
CHAIR FRENCH said "amen."                                                                                                       
                                                                                                                                
SENATOR THERRIAULT  said sometimes he  has been able to  get that                                                               
information and sometimes not. "I have  a duty, though, to make a                                                               
good faith effort to get it."                                                                                                   
                                                                                                                                
SENATOR  BILL  WIELECHOWSKI  asked  for  an  elaboration  on  the                                                               
opinion  regarding  attorney  reporting requirements.  There  has                                                               
been a requirement, but the bill  expands it to include hours and                                                               
income received,  and whether there is  attorney/client privilege                                                               
involved.                                                                                                                       
                                                                                                                                
MR. WAYNE  said he didn't have  the details but he  could provide                                                               
them.  He recalled  that lawyers  working as  legislators had  to                                                               
disclose  their  client  list.   He  noted  that  one  legislator                                                               
disclosed a  lot of clients and  a brief description of  the type                                                               
of work involved.                                                                                                               
                                                                                                                                
3:09:42 PM                                                                                                                    
CHAIR  FRENCH said  his  understanding  is that  SB  20 does  not                                                               
require a lengthy  description of the work an  attorney is doing,                                                               
because it is under a professional license.                                                                                     
                                                                                                                                
MR.  WAYNE read:  "a sufficient  description to  make clear  to a                                                               
person of ordinary understanding."                                                                                              
                                                                                                                                
CHAIR FRENCH said that is followed by an "unless" clause.                                                                       
                                                                                                                                
MR. WAYNE said  yes. It is followed with:  "unless those services                                                               
require  the   issuance  of  a  state   or  federal  professional                                                               
license." He added that an attorney  could argue he or she didn't                                                               
need to give a description because a state license is required.                                                                 
                                                                                                                                
CHAIR FRENCH said he didn't think  there was any intent to lessen                                                               
reporting  requirements.  "The  idea  is to  heighten  them  with                                                               
respect to folks  that don't have those licenses."  He added that                                                               
the   "unless"  clause   only   pertains   to  "with   sufficient                                                               
description   to   make   clear   to   a   person   of   ordinary                                                               
understanding." It  does not  modify the  nature of  the services                                                               
performed.                                                                                                                      
                                                                                                                                
MR.  WAYNE said  that  for  a lawyer  disclosing  the  name of  a                                                               
client, a person of ordinary  understanding could probably deduce                                                               
that  legal  services  are being  provided.  Another  person  who                                                               
provides a service  that doesn't require the issuance  of a state                                                               
or  federal professional  license will  need more  description of                                                               
what services are being performed.                                                                                              
                                                                                                                                
3:12:08 PM                                                                                                                    
SENATOR  McGUIRE  said she  will  offer  an amendment  to  strike                                                               
"unless  those  services  require  the issuance  of  a  state  or                                                               
federal license"  for the reason that  the law ought to  apply to                                                               
all. "I don't  think that we can  make the kind of  leaps that we                                                               
used to  that if you are  a lawyer, by definition,  you are doing                                                               
legal  services,  or   if  you  are  a  real   estate  agent,  by                                                               
definition, you  are doing that."  The license doesn't  mean that                                                               
that is  the service being supplied.  "Go ahead and take  on that                                                               
obligation--we all will--to describe what it is you're doing."                                                                  
                                                                                                                                
MR. WAYNE  said he  wasn't arguing  one way  or another,  but was                                                               
relaying the rationale for the language in the bill.                                                                            
                                                                                                                                
3:13:10 PM                                                                                                                    
SENATOR  THERRIAULT said  he  was  stuck on  the  same thing  and                                                               
agreed with  Senator McGuire that it  may be a loophole.  He said                                                               
the language could be construed  as getting out of the disclosure                                                               
requirement for anyone with a license.                                                                                          
                                                                                                                                
SENATOR HUGGINS questioned  why there should be  an exception for                                                               
a concert  promoter. He  asked if  a legislator  who is  a family                                                               
practice lawyer  who goes  before state agencies  is on  a higher                                                               
playing field.                                                                                                                  
                                                                                                                                
CHAIR FRENCH said it is a thorny issue.                                                                                         
                                                                                                                                
SENATOR WIELECHOWSKI  said his concern,  as an attorney,  is that                                                               
sometimes  people  don't  want   the  nature  of  their  business                                                               
disclosed, putting  the lawyer in  a "very  precarious position."                                                               
He  expressed  concern   regarding  striking  the  aforementioned                                                               
language.                                                                                                                       
                                                                                                                                
SENATOR HUGGINS said an attorney  might need a disclaimer telling                                                               
clients that a legislator needs to make the disclosure.                                                                         
                                                                                                                                
CHAIR  FRENCH  said  it  may   restrict  the  practices  of  some                                                               
legislators.                                                                                                                    
                                                                                                                                
SENATOR McGUIRE offered Amendment 2 as follows:                                                                                 
                                                                                                                                
        Page 2, line 8-9, delete "unless those services                                                                       
      require the issuance of a state or federal business                                                                     
     license".                                                                                                                
     Page 2, lines 24-25, delete.                                                                                               
                                                                                                                                
SENATOR THERRIAULT  offered a friendly  amendment to  Amendment 2                                                               
to also delete line 23 on page 2.                                                                                               
                                                                                                                                
3:17:47 PM                                                                                                                    
SENATOR WIELECHOWSKI objected.  He said that he  didn't think the                                                               
type  of law  he  practices will  be impacted  by  the bill,  but                                                               
private attorneys,  accountants, and physicians could  make their                                                               
clients unhappy.                                                                                                                
                                                                                                                                
SENATOR  McGUIRE  said  she  doesn't  disagree,  but  the  ethics                                                               
opinion will already  require that. The amendment  is intended to                                                               
keep from  muddying the water.  "As Senator French said,  he only                                                               
wants it  to apply to  the description of services  performed, so                                                               
it's  not  really  a  wholesale exception  anyway,  but  I  think                                                               
there's  confusion about  whether  it  is or  isn't.  We know  it                                                               
isn't. The  law is  already just  what you said,  and I  think it                                                               
does require  some discussion  at some point  about what  kind of                                                               
privileges  we'll allow.  But this  Amendment  simply requires  a                                                               
description the  way you do.  And that  way it's clear.  That way                                                               
nobody  has to  wonder,  'am I  licensed or  not?'"  She said  it                                                               
applies to everybody equally.                                                                                                   
                                                                                                                                
A  roll call  vote was  taken on  Amendment 2.  Senators McGuire,                                                               
French, Therriault, and  Huggins voted in favor  of the amendment                                                               
and Senator  Wielechowski voted against it.  Therefore, Amendment                                                               
2, as amended, was adopted.                                                                                                     
                                                                                                                                
3:20:09 PM                                                                                                                    
CHAIR FRENCH noted the  amount of income on line 12  of SB 20. He                                                               
said this is a new requirement. He  said he is a landlord with 24                                                               
tenants, and he has had to supply  a list of those names, but now                                                               
he will  have to disclose the  amount of money as  well. It could                                                               
become onerous, he  said, and asked if  it is meant to  be a "to-                                                               
the-penny calculation," or only within $100.                                                                                    
                                                                                                                                
MR. WAYNE said  it would be interpreted through a  filter of what                                                               
is reasonable. If a landlord knew  the exact amount, it should be                                                               
reported. If  it involves numerous adjustments,  calculations and                                                               
judgment, then it would need to be reasonable.                                                                                  
                                                                                                                                
SENATOR McGUIRE said she agreed,  but there is room for mischief.                                                               
She gave a  hypothetical situation of a legislator  giving a deep                                                               
discount to renters in his or her district.                                                                                     
                                                                                                                                
SENATOR McGUIRE  moved SB  20, as  amended, with  attached fiscal                                                               
notes  from  committee  with  individual  recommendations.  There                                                               
being no objection, CSSB 20(JUD)  moved from the Senate Judiciary                                                               
Committee.                                                                                                                      
There being  no further  business to  come before  the committee,                                                               
Chair French adjourned the meeting at 3:23:45 PM.                                                                             
                                                                                                                                
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