02/08/2007 03:30 PM Senate JUDICIARY
| Audio | Topic | 
|---|---|
| Start | |
| HB69 | |
| SB45 | |
| SB69 | |
| SB64 | |
| Adjourn | 
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 64 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 69 | TELECONFERENCED | |
| += | SB 45 | TELECONFERENCED | |
| += | SB 69 | TELECONFERENCED | |
| += | SB 5 | TELECONFERENCED | |
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                        February 8, 2007                                                                                        
                           3:33 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Hollis French, Chair                                                                                                    
Senator Charlie Huggins, Vice Chair                                                                                             
Senator Bill Wielechowski                                                                                                       
Senator Lesil McGuire                                                                                                           
Senator Gene Therriault                                                                                                         
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CS FOR HOUSE BILL NO. 69(JUD)                                                                                                   
"An Act relating to executive clemency."                                                                                        
     MOVED SCS CSHB 69(JUD) OUT OF COMMITTEE                                                                                    
                                                                                                                                
SENATE BILL NO. 45                                                                                                              
"An Act relating to murder in the first degree."                                                                                
     MOVED CSSB 45(JUD) OUT OF COMMITTEE                                                                                        
                                                                                                                                
SENATE BILL NO. 69                                                                                                              
"An  Act relating  to  the  creation of  a  civil legal  services                                                               
fund."                                                                                                                          
     HEARD AND HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 64                                                                                                              
"An  Act  relating to  the  requirement  for candidates,  groups,                                                               
legislators,  public  officials,  and  other  persons  to  submit                                                               
reports electronically  to the Alaska Public  Offices Commission;                                                               
relating  to disclosures  by legislators,  public members  of the                                                               
Select  Committee on  Legislative Ethics,  legislative directors,                                                               
public  officials,  and  certain  candidates  for  public  office                                                               
concerning  services performed  for  compensation and  concerning                                                               
certain  income, gifts,  and other  financial matters;  requiring                                                               
legislators,   public  members   of  the   Select  Committee   on                                                               
Legislative Ethics, legislative  directors, public officials, and                                                               
municipal  officers to  make certain  financial disclosures  when                                                               
they leave  office; relating to insignificant  ownership interest                                                               
in a  business and to  gifts from  lobbyists for purposes  of the                                                               
Alaska  Executive   Branch  Ethics   Act;  relating   to  certain                                                               
restrictions on employment after leaving state service for                                                                      
purposes of the Alaska Executive Branch Ethics Act; and                                                                         
providing for an effective date."                                                                                               
     HEARD AND HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 5                                                                                                               
"An Act relating to reporting of certain crimes."                                                                               
     SCHEDULED BUT NOT HEARD                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB  69                                                                                                                  
SHORT TITLE: NOTIFY CRIME VICTIM OF EXECUTIVE CLEMENCY                                                                          
SPONSOR(s): REPRESENTATIVE(s) SAMUELS                                                                                           
                                                                                                                                
01/16/07       (H)       PREFILE RELEASED 1/5/07                                                                                
01/16/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/16/07       (H)       JUD                                                                                                    
01/22/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
01/22/07       (H)       Heard & Held                                                                                           
01/22/07       (H)       MINUTE(JUD)                                                                                            
01/24/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
01/24/07       (H)       Moved CSHB  69(JUD) Out of Committee                                                                   
01/24/07       (H)       MINUTE(JUD)                                                                                            
01/25/07       (H)       JUD RPT CS(JUD) 6DP 1NR                                                                                
01/25/07       (H)       DP:    GRUENBERG,    LYNN,    DAHLSTROM,                                                               
                         SAMUELS, HOLMES, RAMRAS                                                                                
01/25/07       (H)       NR: COGHILL                                                                                            
01/30/07       (H)       TRANSMITTED TO (S)                                                                                     
01/30/07       (H)       VERSION: CSHB 69(JUD)                                                                                  
01/31/07       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/31/07       (S)       JUD                                                                                                    
02/05/07       (S)       JUD AT 1:30 PM BELTZ 211                                                                               
02/05/07       (S)       -- Meeting Canceled --                                                                                 
02/08/07       (S)       JUD AT 3:30 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SB  45                                                                                                                  
SHORT TITLE: PEACE OFFICER CONVICTED OF MURDER                                                                                  
SPONSOR(s): SENATOR(s) OLSON                                                                                                    
                                                                                                                                
01/16/07       (S)       PREFILE RELEASED 1/12/07                                                                               
01/16/07       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/16/07       (S)       STA, JUD                                                                                               
01/25/07       (S)       STA AT 9:00 AM BELTZ 211                                                                               
01/25/07       (S)       Heard & Held                                                                                           
01/25/07       (S)       MINUTE(STA)                                                                                            
01/30/07       (S)       STA AT 9:00 AM BELTZ 211                                                                               
01/30/07       (S)       EXEC. BRANCH ETHICS:INTERESTS & ACTIONS                                                                
02/01/07       (S)       STA AT 9:00 AM BELTZ 211                                                                               
02/01/07       (S)       -- Rescheduled from 01/30/07 --                                                                        
02/02/07       (S)       STA RPT CS  4DP 1AM   SAME TITLE                                                                       
02/02/07       (S)       DP: MCGUIRE, STEVENS, GREEN, BUNDE                                                                     
02/02/07       (S)       AM: FRENCH                                                                                             
02/05/07       (S)       JUD AT 1:30 PM BELTZ 211                                                                               
02/05/07       (S)       -- Meeting Canceled --                                                                                 
02/08/07       (S)       JUD AT 3:30 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SB  69                                                                                                                  
SHORT TITLE: CIVIL LEGAL SERVICES FUND                                                                                          
SPONSOR(s): SENATOR(s) MCGUIRE                                                                                                  
                                                                                                                                
01/29/07       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/29/07       (S)       JUD, FIN                                                                                               
02/05/07       (S)       JUD AT 1:30 PM BELTZ 211                                                                               
02/05/07       (S)       -- Meeting Canceled --                                                                                 
02/08/07       (S)       JUD AT 3:30 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SB  64                                                                                                                  
SHORT TITLE: DISCLOSURES & ETHICS                                                                                               
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
01/26/07       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/26/07       (S)       JUD, STA, FIN                                                                                          
02/08/07       (S)       JUD AT 3:30 PM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
Representative Ralph Samuels                                                                                                    
Alaska State Capitol                                                                                                            
Juneau, AK 99801-1182                                                                                                           
POSITION STATEMENT:  Sponsor of HB 69                                                                                         
                                                                                                                                
Lawrence Jones, Executive Director                                                                                              
Alaska Board of Parole                                                                                                          
Department of Corrections                                                                                                       
431 N. Franklin, Suite 400                                                                                                      
Juneau, AK 99801                                                                                                                
POSITION STATEMENT:  Stated support for HB 69                                                                                 
                                                                                                                                
Susan Sullivan, Executive Director                                                                                              
Victims for Justice (VFJ)                                                                                                       
Anchorage, AK                                                                                                                   
POSITION STATEMENT:  Stated support for HB 69                                                                                 
                                                                                                                                
Rick Svobodny, Chief Assistant Attorney General                                                                                 
Criminal Division                                                                                                               
Department of Law                                                                                                               
PO Box 110300                                                                                                                   
Juneau, AK  99811-0300                                                                                                          
POSITION STATEMENT:  Responded to questions regarding HB 69 and                                                               
SB 45                                                                                                                           
                                                                                                                                
Senator Donald Olson                                                                                                            
Alaska State Capitol                                                                                                            
Juneau, AK 99801-1182                                                                                                           
POSITION STATEMENT:  Sponsor of SB 45                                                                                         
                                                                                                                                
Loretta Bullard, President                                                                                                      
Kawerak, Inc.                                                                                                                   
Nome, AK                                                                                                                        
POSITION STATEMENT:  Stated support for SB 45                                                                                 
                                                                                                                                
Andy Harrington, Executive Director                                                                                             
Alaska Legal Services                                                                                                           
1648 Cushman, Suite 300                                                                                                         
Fairbanks, AK                                                                                                                   
POSITION STATEMENT:  Explained the importance of SB 69                                                                        
                                                                                                                                
Doug Wooliver, Administrative Attorney                                                                                          
Alaska Court System                                                                                                             
303 K St.                                                                                                                       
Anchorage, AK  99501-2084                                                                                                       
POSITION STATEMENT:  Answered questions related to SB 69                                                                      
                                                                                                                                
David Jones, Senior Assistant Attorney General                                                                                  
Civil Division                                                                                                                  
Opinions, Appeals, and Ethics                                                                                                   
Department of Law                                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Provided an overview of SB 64                                                                             
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  HOLLIS   FRENCH  called  the  Senate   Judiciary  Standing                                                             
Committee meeting to order at 3:33:45  PM. Present at the call to                                                             
order   were   Senator    McGuire,   Senator   Huggins,   Senator                                                               
Wielechowski,  and  Chair   French.  Senator  Therriault  arrived                                                               
shortly thereafter.                                                                                                             
                                                                                                                                
    CSHB  69(JUD)-NOTIFY CRIME VICTIM OF EXECUTIVE CLEMENCY                                                                 
                                                                                                                                
CHAIR FRENCH announced  the consideration of HB 69.  He asked for                                                               
a motion to adopt the \M committee substitute (CS).                                                                             
                                                                                                                                
SENATOR HUGGINS  made a motion  to adopt Version \M,  labeled 25-                                                               
LS0317\M, as the working document. There was no objection.                                                                      
                                                                                                                                
3:34:49 PM                                                                                                                    
REPRESENTATIVE RALPH SAMUELS, Sponsor of  HB 69, said the bill is                                                               
a choice  between several constitutional issues.  He read Article                                                               
III, Section  21, of the  Alaska State Constitution  which states                                                               
in part:                                                                                                                        
                                                                                                                                
     Subject to  procedure prescribed  by law,  the governor                                                                    
     may  grant pardons,  commutations,  and reprieves,  and                                                                    
     may  suspend  and  remit fines  and  forfeitures.  This                                                                    
     power shall not extend to impeachment.                                                                                     
                                                                                                                                
                                                                                                                                
REPRESENTATIVE  SAMUELS  said the  conflict  is  with Article  I,                                                               
Section 24 of the Alaska State Constitution. It states in part:                                                                 
                                                                                                                                
     Crime  victims,  as  defined by  law,  shall  have  the                                                                    
     following rights as  provided by law: ...  the right to                                                                    
     be heard, upon request,  at sentencing, before or after                                                                    
     conviction  or   juvenile  adjudication,  and   at  any                                                                    
     proceeding where the accused's  release from custody is                                                                    
     considered; ...                                                                                                            
                                                                                                                                
REPRESENTATIVE SAMUELS said HB 69  simply establishes a procedure                                                               
that the  governor must  follow in  cases of  executive clemency.                                                               
This is good public policy, he  said, and the fundamental crux is                                                               
that  the victim  must  be  notified. A  governor  may choose  to                                                               
pardon someone, but  he or she must pass the  "red face test" and                                                               
call the victim. He stated.                                                                                                     
                                                                                                                                
REPRESENTATIVE SAMUELS noted  that the bill has  changed since it                                                               
passed the House.  Originally the victim was notified  as part of                                                               
the application procedure, but that  was changed to accommodate a                                                               
situation  where   the  governor  grants  a   pardon  without  an                                                               
application having been made.                                                                                                   
                                                                                                                                
The  House version  also said  that  a victim  would be  notified                                                               
regardless  of whether  a  request was  made.  That language  was                                                               
cleaned up, he  said. Although the 180 days  might be questioned,                                                               
that is the  time that the Alaska Board of  Parole said it needed                                                               
for  its review  process. He  noted  that the  Department of  Law                                                               
might give its perspective on that point.                                                                                       
                                                                                                                                
3:39:54 PM                                                                                                                    
SENATOR  HUGGINS asked  where victim  notification is  located in                                                               
the bill.                                                                                                                       
                                                                                                                                
REPRESENTATIVE SAMUELS said page 2, line 9 says:                                                                                
                                                                                                                                
     The board shall provide notice of any action taken by                                                                      
      the governor to the Department of Law, the office of                                                                      
     victims' rights, and the victim.                                                                                           
                                                                                                                                
The original  legislation said, "If  requested by  the victim..."                                                               
but a pardon could take place  20 years after a crime and someone                                                               
may not  have asked to  be notified at the  time. The idea  is to                                                               
make a best effort to notify, he said.                                                                                          
                                                                                                                                
3:40:57 PM                                                                                                                    
Senator Therriault arrived.                                                                                                     
                                                                                                                                
CHAIR FRENCH commented  that it's fair to say that  the bill errs                                                               
on the  side of notification  rather than waiting for  someone to                                                               
ask to be notified.                                                                                                             
                                                                                                                                
REPRESENTATIVE SAMUELS agreed.                                                                                                  
                                                                                                                                
3:41:36 PM                                                                                                                    
SENATOR  THERRIAULT  asked if  the  language  about applying  for                                                               
notification had been removed because it was problematic.                                                                       
                                                                                                                                
REPRESENTATIVE  SAMUELS replied  that language  became irrelevant                                                               
because victims will be notified under any circumstances.                                                                       
                                                                                                                                
3:42:20 PM                                                                                                                    
CHAIR FRENCH opened public testimony.                                                                                           
                                                                                                                                
3:42:48 PM                                                                                                                    
LAWRENCE  JONES,  Executive  Director, Alaska  Board  of  Parole,                                                               
Department of  Corrections (DOC), said he  made lengthy testimony                                                               
at the first [House] judiciary  hearing; he was quite comfortable                                                               
with the bill  then and is more so now.  He supports the proposed                                                               
change in  verbiage from "application" to  "consideration" and as                                                               
a  matter of  logistics, 180  days  is quite  adequate. From  the                                                               
Alaska  Board  of Parole  perspective,  the  bill will  be  quite                                                               
workable, he stated.                                                                                                            
                                                                                                                                
SENATOR WIELECHOWSKI asked if there  is a definition for "victim"                                                               
that would be  used and if there would be  a requirement that all                                                               
family members be notified.                                                                                                     
                                                                                                                                
MR.  JONES replied  there is  a statutory  definition for  victim                                                               
that is  relatively broad.  It extends through  to the  family if                                                               
the  victim is  deceased and  to  the parents  in the  case of  a                                                               
minor. Anecdotally the board will  make every effort to determine                                                               
a reasonable cutoff for victim notification, he said.                                                                           
                                                                                                                                
3:46:06 PM                                                                                                                    
SUSAN SULLIVAN,  Executive Director,  Victims for  Justice (VFJ),                                                               
stated strong support  for the bill particularly  with the recent                                                               
changes. She  suggested that on page  2, line 7 it  might be more                                                               
consistent   to  use   the   term   "consideration"  instead   of                                                               
"application".                                                                                                                  
                                                                                                                                
CHAIR FRENCH asked the sponsor to comment.                                                                                      
                                                                                                                                
SENATOR  THERRIAULT said  the change  in terminology  might be  a                                                               
good idea  because under the  existing system the  governor could                                                               
take action without an application having been filed.                                                                           
                                                                                                                                
REPRESENTATIVE  SAMUELS said  he  tends to  agree,  but he  would                                                               
defer to the Department of Law.                                                                                                 
                                                                                                                                
CHAIR FRENCH asked  Mr. Svobodny if, on page 2,  line 7, it would                                                               
be more desirable  to say: "The victim may comment  in writing to                                                               
the board on the consideration for executive clemency."                                                                       
                                                                                                                                
3:49:12 PM                                                                                                                    
RICHARD  SVOBODNY,  Chief  Assistant Attorney  General,  Criminal                                                               
Division, Department of Law (DOL), said  he would agree and it is                                                               
in conformity with the sponsor's intent.                                                                                        
                                                                                                                                
3:49:34 PM                                                                                                                    
SENATOR THERRIAULT  said the  governor has  to provide  notice to                                                               
the parole  board for an  investigation. If an  application isn't                                                               
part of that process then it should be broadened, he stated.                                                                    
                                                                                                                                
CHAIR  FRENCH asked,  for the  sake of  clarity, if  everyone was                                                               
strictly considering the case where  the governor has sua sponte,                                                               
on  his or  her  own, considered  granting  clemency outside  the                                                               
normal application process.                                                                                                     
                                                                                                                                
SENATOR THERRIAULT asked if the  governor would have the power to                                                               
grant clemency without interaction with the board.                                                                              
                                                                                                                                
MR.  SVOBODNY  said  it's  certainly   not  unheard  of  for  the                                                               
executive  to  grant  clemency or  commute  sentences  without  a                                                               
particular application having been made.                                                                                        
                                                                                                                                
REPRESENTATIVE SAMUELS  said Section  1 states that  the governor                                                               
may  not  grant  clemency  without   having  provided  notice  of                                                               
consideration to the board of  parole. Further in the process, he                                                               
said, the board must notify the victim.                                                                                         
                                                                                                                                
CHAIR  FRENCH asked  if it  is fair  to say  that a  governor who                                                               
believes that this is a  restriction on his or her constitutional                                                               
power   to   grant  clemency   would   have   to  challenge   the                                                               
constitutionality of the statute.                                                                                               
                                                                                                                                
REPRESENTATIVE SAMUELS  said HB 69 doesn't  remove the governor's                                                               
right to grant clemency; it simply sets up procedures.                                                                          
                                                                                                                                
3:52:58 PM                                                                                                                    
SENATOR WIELECHOWSKI  said page 1, lines  6, 9 and 15  talk about                                                               
notice  of consideration,  so  it  would seem  that  it would  be                                                               
consistent to change "application"  to "consideration" on page 2,                                                               
line 7. He  is comfortable that the bill is  constitutional for a                                                               
number  of reasons.  The  legislature has  the  authority to  set                                                               
procedures  and also  there is  a  constitutional provision  that                                                               
discusses  victims' rights.  He  asked the  sponsor  to touch  on                                                               
that.                                                                                                                           
                                                                                                                                
REPRESENTATIVE SAMUELS said Article 1,  Section 24 lists a myriad                                                               
of rights  that victims  have including:  right to  be reasonably                                                               
protected from  the accused; the right  to bail; the right  to be                                                               
treated  with  dignity, respect  and  fairness;  the right  to  a                                                               
timely disposition of a case; and  the right of the accused to be                                                               
present  at  a  criminal  or   juvenile  proceeding.  A  governor                                                               
wouldn't be required  to follow the procedure, he  said, but more                                                               
than likely all would choose to do so.                                                                                          
                                                                                                                                
3:56:35 PM                                                                                                                    
SENATOR McGUIRE  said the argument  is practical  and compelling,                                                               
but  the phrase  "may  not grant"  on  page 1,  line  4 raises  a                                                               
separation  of  powers issue.  That  changes  the generous  grant                                                               
authority and  requires a  governor to  take another  step before                                                               
executing that  power. With that  in mind, she  suggested placing                                                               
the burden  on the board and  saying, "The board of  parole shall                                                               
send a  notice to the victim  irrespective of whether or  not the                                                               
application has been  forwarded to the board." It's  okay for the                                                               
legislature to  make a  direct requirement  on the  parole board,                                                               
but  requiring the  governor  to  make the  extra  step is  shaky                                                               
constitutional ground, she stated.                                                                                              
                                                                                                                                
3:59:01 PM                                                                                                                    
REPRESENTATIVE  SAMUELS said  if  the  parameters and  procedures                                                               
aren't established,  then midnight  pardons won't stop.  He noted                                                               
that the  number of  days is  a concern to  some, but  the parole                                                               
board said  six months is  a good  timeframe to review  the case,                                                               
process  the  application,  and   contact  the  victim.  If  that                                                               
presents a  constitutional problem then  it can be  revisited, he                                                               
stated.                                                                                                                         
                                                                                                                                
SENATOR McGUIRE  said the goal  is to  keep the law  from getting                                                               
thrown out  so she prefers  to take the most  conservative route.                                                               
She suggested  that keeping the  discretionary word "may"  in the                                                               
bill instead of  " shall". "You still put the  political heat on,                                                               
you still wage the public  relations campaign, and you still have                                                               
the requirements on  the book and you don't get  it thrown out by                                                               
a  court." The  legislature simply  doesn't have  the ability  to                                                               
strap the governor's hands, she said.                                                                                           
                                                                                                                                
SENATOR   WIELECHOWSKI    asked   the   DOL   opinion    on   the                                                               
constitutionality of the bill.                                                                                                  
                                                                                                                                
MR. SVOBODNY  responded, there is  an issue  of how much  time it                                                               
takes. 180 days represents the first  half year in office and the                                                               
last half year  in office so that cuts the  governor's ability to                                                               
grant pardons by  25 percent. "I don't think  that's correct," he                                                               
said. Nothing says an application  made during the last two weeks                                                               
of  one  governor's  term  would  not  carry  over  to  the  next                                                               
governor.                                                                                                                       
                                                                                                                                
The  legislature has  the authority  to establish  procedures for                                                               
granting pardons  and that takes  time. However, it is  better to                                                               
pick a number  that everyone is used  to so that it  is viewed as                                                               
procedural rather than cutting into  the governor's authority. "I                                                               
don't know where that  line is - whether it's at  120 days or 60.                                                               
I certainly  feel more  comfortable in  saying it's  a procedural                                                               
issue if it's 30 days, 45 days, 60 days.                                                                                        
                                                                                                                                
CHAIR FRENCH  said his view  is that this  is a way  to harmonize                                                               
the  victims'  right  amendment and  governor's  power  to  grant                                                               
clemency.                                                                                                                       
                                                                                                                                
SENATOR WIELECHOWSKI asked  if the power to pardon  runs with the                                                               
governor as a  person or with the governor's office.  There is an                                                               
argument that it runs with the  office and if it does, this isn't                                                               
an infringement at all, he said. "A governor in their last two                                                                  
weeks could offer  up this pardon and then ...  that person is no                                                               
longer in  office, but you  still have  a governor who  still has                                                               
that ability to pardon."                                                                                                        
                                                                                                                                
MR. SVOBODNY opined that the authority is while in office.                                                                      
                                                                                                                                
4:05:44 PM                                                                                                                    
CHAIR FRENCH closed  public testimony and asked  if the committee                                                               
had discussion or amendments to offer.                                                                                          
                                                                                                                                
4:05:56 PM                                                                                                                    
SENATOR WIELECHOWSKI  made a motion  to delete  "application" and                                                               
insert "consideration" on page 2, line 7.                                                                                       
                                                                                                                                
CHAIR FRENCH  found no objection  and announced that  Amendment 1                                                               
carries.                                                                                                                        
                                                                                                                                
SENATOR McGUIRE asked the sponsor  to restate how he decided upon                                                               
180 days.                                                                                                                       
                                                                                                                                
REPRESENTATIVE SAMUELS replied  that Mr. Jones from  the board of                                                               
parole said it would take about  that much time to go through the                                                               
normal application process and contact the victim.                                                                              
                                                                                                                                
SENATOR McGUIRE asked Mr. Jones if 120 days would be unfeasible.                                                                
                                                                                                                                
MR. JONES  said he had  reconsidered his original answer  and was                                                               
ready to go on record stating that 120 days would be adequate.                                                                  
                                                                                                                                
4:07:47 PM                                                                                                                    
SENATOR McGUIRE  made a motion  to delete "180" and  insert "120"                                                               
from page  1, lines 7  and 8  and any conforming  amendments. She                                                               
explained the reason  is to reflect customary  deadlines that are                                                               
recognized in the law.                                                                                                          
                                                                                                                                
CHAIR FRENCH  said his  review of the  bill indicates  that "180"                                                               
appears just twice - on line 7 and line 8 of page 1.                                                                            
                                                                                                                                
CHAIR FRENCH  found no objection  and announced that  Amendment 2                                                               
carries.                                                                                                                        
                                                                                                                                
4:09:01 PM                                                                                                                    
SENATOR McGUIRE made a motion to  report SCS CSHB 69, as amended,                                                               
from  committee  with  individual  recommendations  and  attached                                                               
fiscal note(s).                                                                                                                 
                                                                                                                                
CHAIR FRENCH  announced that without  objection SCS  CSHB 69(JUD)                                                               
moved from committee.                                                                                                           
                                                                                                                                
            SB  45-PEACE OFFICER CONVICTED OF MURDER                                                                        
                                                                                                                              
4:10:44 PM                                                                                                                    
CHAIR FRENCH announced the consideration  of SB 45. [CSSB 45(STA)                                                               
was before the committee.]                                                                                                      
                                                                                                                                
SENATOR  DONALD   OLSON,  sponsor  of  SB   45,  paraphrased  the                                                               
following sponsor statement:                                                                                                    
                                                                                                                                
     SB 45  mandates the  maximum sentence  for first-degree                                                                    
     murder when committed by an on-duty peace officer.                                                                         
                                                                                                                                
     This legislation derives from  the Nome murder of Sonya                                                                    
     Ivanoff, a well-known and well-liked  young girl in the                                                                    
     Bering   Straits   region.    The   investigation   and                                                                    
     subsequent   conviction    of   the    police   officer                                                                    
     responsible  for the  murder  caused  much anguish  and                                                                    
     consternation  for  both  the Ivanoff  family  and  the                                                                    
     region's population in general.                                                                                            
                                                                                                                                
     At the  police officer's  sentencing, the  judge agreed                                                                    
     with  the state  prosecutor's  recommendation that  the                                                                    
     maximum penalty  should be  imposed. His  rationale was                                                                    
     that while state law mandates  the maximum penalty when                                                                    
     a peace  officer is murdered  while acting in  the line                                                                    
     of duty [AS 12.55.125(a)(1)],  first-degree murder by a                                                                    
     peace officer acting in a  position of trust and public                                                                    
     protection was equally egregious.                                                                                          
                                                                                                                                
     SB 45 provides sentencing  parity for the protection of                                                                    
     our  guardians  of civil  law  and  order and  for  the                                                                    
     public trust in their activities and responsibilities.                                                                     
                                                                                                                                
4:12:28 PM                                                                                                                    
CHAIR FRENCH said  he understands that the  concerns that several                                                               
law  enforcement  agencies  expressed during  the  state  affairs                                                               
hearing   were  addressed   through  amendments   made  in   that                                                               
committee.                                                                                                                      
                                                                                                                                
SENATOR  OLSON said  that is  correct. The  state affairs  CS has                                                               
support  from the  Department of  Law, the  Alaska Federation  of                                                               
Natives,   Kawerak,  Inc.,   and   the   Bering  Straits   Native                                                               
Corporation.  Also,  the  Department  of  Public  Safety  has  no                                                               
objection to the amended version.                                                                                               
                                                                                                                                
SENATOR  THERRIAULT  asked  if  police  officers  who  use  their                                                               
position  of  authority to  commit  other  crimes face  increased                                                               
penalties for those crimes as well.                                                                                             
                                                                                                                                
SENATOR OLSON said he did not know.                                                                                             
                                                                                                                                
4:13:47 PM                                                                                                                    
LORETTA BULLARD, President, Kawerak,  Inc., said she assumes that                                                               
CSSB 45(STA) seeks  to ensure that on-duty peace  officers do not                                                               
have to  second-guess using deadly  force when it's  necessary to                                                               
protect the  public or  themselves. She  testified in  support of                                                               
the  concept encompassed  in the  bill, but  she questioned  what                                                               
constitutes clear  and convincing  evidence that a  peace officer                                                               
used his  or her  authority to facilitate  a murder.  Perhaps Mr.                                                               
Svobodny could provide information on that, she said.                                                                           
                                                                                                                                
MS. BULLARD recommended that any  police officer who is convicted                                                               
of premeditated  first-degree murder  should receive  a mandatory                                                               
99-year  sentence   without  possibility  for  parole   or  early                                                               
release. By  virtue of their  position in society and  the public                                                               
trust, police  officers should  be held  to the  highest possible                                                               
standard. If the public trust and  the oath to protect the public                                                               
is  violated,  the  sentence  ought to  be  commensurate  to  the                                                               
violation.                                                                                                                      
                                                                                                                                
4:16:23 PM                                                                                                                    
CHAIR  FRENCH closed  public testimony  and opened  the bill  for                                                               
discussion and amendment from the committee members.                                                                            
                                                                                                                                
SENATOR THERRIAULT  asked if the bill  differentiates between on-                                                               
duty and off-duty.                                                                                                              
                                                                                                                                
CHAIR  FRENCH noted  that there  was  good testimony  on that  in                                                               
state  affairs.  He   asked  Mr.  Svobodny  to   give  that  same                                                               
information.                                                                                                                    
                                                                                                                                
4:17:12 PM                                                                                                                    
RICHARD  SVOBODNY,  Chief  Assistant Attorney  General,  Criminal                                                               
Division,  Department of  Law (DOL),  said in  the Sonya  Ivanoff                                                               
case the conduct was both  on-duty and off-duty. The new language                                                               
includes both  as long as the  peace officer is using  his or her                                                               
authority.                                                                                                                      
                                                                                                                                
CHAIR  FRENCH recapped  a distinction  Mr.  Svobodny drew  before                                                               
about a hypothetical  instance where a police  officer was having                                                               
a  domestic dispute  with his  wife. The  wife took  the couple's                                                               
child  to  the police  station  to  do  a custody  transfer  and,                                                               
totally outside  his role  as a police  officer, he  murdered his                                                               
wife. Although  that would  be a horrible  crime and  the officer                                                               
would be punished, SB 45 does  not address that sort of instance.                                                               
The intent is to get at  the officer who uses the official badge,                                                               
car, or uniform  to facilitate the commission of  murder. That is                                                               
what brings the 99-year sentence to bear, he stated.                                                                            
                                                                                                                                
MR. SVOBODNY responded to an  earlier question and said Mr. Owens                                                               
was  also  charged  with  official  misconduct,  which  is  an  A                                                               
misdemeanor offense. The  court severed that charge  and found no                                                               
need to go  forward with that prosecution after  he was sentenced                                                               
for the murder.                                                                                                                 
                                                                                                                                
SENATOR THERRIAULT asked what would  happen if the police officer                                                               
used his  authority to  gain information  about someone,  but did                                                               
not use  the information until  he was  off duty. "Would  that be                                                               
swept in under this?" he asked.                                                                                                 
                                                                                                                                
MR. SVOBODNY said  a judge would need to be  convinced with clear                                                               
and convincing  evidence that  the officer  used his  position of                                                               
authority to gain  that information. Given that  example it could                                                               
go either way, he said.                                                                                                         
                                                                                                                                
CHAIR FRENCH  asked Mr. Svobodny  to remind the committee  of the                                                               
various standards of proof.                                                                                                     
                                                                                                                                
MR.  SVOBODNY  relayed that  in  criminal  cases there  are  four                                                               
standards of  proof. 1) Probable  cause is  the standard  that is                                                               
something less  than 50 percent  and is  used to obtain  a search                                                               
warrant.  2) Preponderance of  the  evidence means  more than  50                                                               
percent  and  is   the  standard  that  would  be   used  for  an                                                               
evidentiary   call.   3) Clear   and   convincing   evidence   is                                                               
substantially  greater than  preponderance  and is  more than  50                                                               
percent.   It  firmly   establishes  a   position.  4) Beyond   a                                                               
reasonable doubt  is the standard  that would cause  a reasonable                                                               
person to hesitate in the important affairs of life.                                                                            
                                                                                                                                
4:21:34 PM                                                                                                                    
SENATOR HUGGINS stated  for the record that he is  an advocate of                                                               
the death  sentence. From  his perspective  the bill  falls short                                                               
because "singling  out different agencies  of people is a  road I                                                               
would prefer we don't go down too often."                                                                                       
                                                                                                                                
CHAIR  FRENCH  asked  if the  committee  members  had  questions,                                                               
comments or amendments to offer.                                                                                                
                                                                                                                                
SENATOR  THERRIAULT made  a  motion to  delete  Section 1,  which                                                               
names a section in statute.                                                                                                     
                                                                                                                                
SENATOR McGUIRE objected.                                                                                                       
                                                                                                                                
A roll call was  taken on the motion to delete  Section 1 from SB
45. Senators Therriault, Huggins and  Chair French voted in favor                                                               
and Senators  Wielechowski and  McGuire voted  against. Therefore                                                               
Amendment 1 carried.                                                                                                            
                                                                                                                                
CHAIR FRENCH  found no further  amendments and asked the  will of                                                               
the committee.                                                                                                                  
                                                                                                                                
SENATOR  THERRIAULT made  a motion  to report  CSSB 45(JUD)  from                                                               
committee  with individual  recommendations  and attached  fiscal                                                               
note(s). There being no objection, it was so ordered.                                                                           
                                                                                                                                
                SB  69-CIVIL LEGAL SERVICES FUND                                                                            
                                                                                                                              
4:25:18 PM                                                                                                                      
                                                                                                                                
CHAIR FRENCH announced the consideration of SB 69.                                                                              
                                                                                                                                
SENATOR  McGUIRE, sponsor  of SB  69, stated  that the  same bill                                                               
passed the  House unanimously twice  and Senator  Wielechowski is                                                               
the only committee member who has not heard it before.                                                                          
                                                                                                                                
SB 69  would create  a civil  legal services  fund that  would be                                                               
funded  by  provisions  required   under  AS  09.17.020(j).  This                                                               
section requires  that 50 percent  of all punitive  damage awards                                                               
are  turned over  to the  state  and deposited  into the  general                                                               
fund. 6                                                                                                                         
                                                                                                                                
SENATOR  McGuire  said  the  Alaska  Legal  Services  Corporation                                                               
(ALSC)  has helped  low-income Alaskans  with  civil legal  needs                                                               
since the mid 60s. In prior  years the legislature provided up to                                                               
$1.2 million in funding, but  during the Murkowski administration                                                               
the funding disappeared altogether. That  is a travesty for those                                                               
who believe that  access to the civil legal  system is important,                                                               
she stated.                                                                                                                     
                                                                                                                                
SENATOR McGUIRE relayed that ALSC  has provided civil legal funds                                                               
for citizens who  don't have the income to  fight landlord tenant                                                               
cases,  Social   Security  cases,  Medicaid  cases   and  others.                                                               
Currently ALSC  receives some municipal  and federal  grants, but                                                               
overall it has been very difficult to operate from year-to-year.                                                                
                                                                                                                                
4:28:55 PM                                                                                                                    
ANDY  HARRINGTON,  Executive   Director,  Alaska  Legal  Services                                                               
(ALS),  Fairbanks,  described  how additional  money  would  help                                                               
4,800 individuals  or 1,500 families.  Most of the  cases involve                                                               
custody  or  divorce  litigation  and  about  two-thirds  of  the                                                               
domestic relations cases are  violence related. When representing                                                               
victims  of domestic  violence, the  highest priority  is getting                                                               
the victims  civil protection  to help  break the  violence cycle                                                               
and  minimize any  exposure  or role  modeling  to children.  The                                                               
second  highest are  landlord tenant  cases  where families  have                                                               
lost shelter.  Disability cases, usually involving  problems with                                                               
the  Social   Security  Administration,  are  the   next  highest                                                               
followed by collection cases.                                                                                                   
                                                                                                                                
MR. HARRINGTON  said ALS  does not  represent people  in criminal                                                               
proceedings because  those cases carry  a right for  an appointed                                                               
attorney.  Part  of the  ALS  mission  is  to help  people  solve                                                               
problems   through  civil   proceedings   thereby  reducing   the                                                               
likelihood   that  the   issue  will   evolve  into   a  criminal                                                               
proceeding. This is a sort of preventative medicine, he said.                                                                   
                                                                                                                                
MR. HARRINGTON explained  that most of the case work  is in state                                                               
court  rather than  federal court,  but  most of  the funding  is                                                               
federal. ALS also provides a service  to the court system when it                                                               
represents  low   income  people   because  a  litigant   who  is                                                               
representing  him/herself invariably  slows the  system for  that                                                               
and subsequent cases.                                                                                                           
                                                                                                                                
MR. HARRINGTON said that for a number  of reasons SB 69 is a very                                                               
good bill and ALS strongly supports its passage.                                                                                
                                                                                                                                
4:33:38 PM                                                                                                                    
CHAIR FRENCH  noted that  the committee  had a  supporting letter                                                               
from  the American  Association  of Retired  Persons (AARP)  that                                                               
Marie Darlin signed.                                                                                                            
                                                                                                                                
CHAIR FRENCH asked  Senator McGuire if SB 69 is  exactly the same                                                               
bill that passed the Senate last year.                                                                                          
                                                                                                                                
SENATOR McGUIRE said yes.                                                                                                       
                                                                                                                                
CHAIR FRENCH  closed public  testimony and  asked for  comment or                                                               
discussion among the committee members.                                                                                         
                                                                                                                                
SENATOR THERRIAULT asked  about a House floor  amendment that was                                                               
offered that  day. It adds  an additional money source  from Rule                                                               
9(b)(1) of the Alaska Rules of Administration.                                                                                  
                                                                                                                                
4:35:12 PM                                                                                                                    
SENATOR  McGUIRE said  the  motivation to  get  more revenue  put                                                               
aside  into  the  fund  is  well  placed,  but  she  opposes  the                                                               
amendment. It calls for $75 of  each 9(b)(1) filing fee to be set                                                               
aside for  the fund. That would  place a financial burden  on the                                                               
court system and she prefers the more conservative approach.                                                                    
                                                                                                                                
4:35:53 PM                                                                                                                    
DOUG  WOOLIVER,  Administrative  Attorney, Alaska  Court  System,                                                               
stated  that  the Court  doesn't  generally  take a  position  in                                                               
support or  opposition of a  bill. He allowed that  the amendment                                                               
was somewhat  confusing and  he believes  it was  misdrafted. The                                                               
second  section refers  to a  court rule  change and  a statutory                                                               
reference neither of which are in the bill.                                                                                     
                                                                                                                                
SENATOR McGUIRE  said the amendment  may apply to a  concept that                                                               
was discussed last  year. She asked Mr. Wooliver  to explain what                                                               
the $75  amount would represent  in terms  of filing fees  to the                                                               
Alaska Court System.                                                                                                            
                                                                                                                                
MR.  WOOLIVER  said  the  amendment might  refer  to  an  earlier                                                               
version, which  would have  increased the  court filing  fees for                                                               
certain cases  and those fees  would have funded the  civil legal                                                               
services   account.  The   Court  typically   does  not   support                                                               
surcharges on filing fees or  increases on filing fees to support                                                               
programs  that are  not related  to  the cost  of bringing  cases                                                               
court. It believes  that many of the programs  are worthwhile and                                                               
it agrees with  Mr. HARRINGTON's comments about  the burdens that                                                               
Pro Se litigants  place on the court.  Nonetheless those programs                                                               
are  more appropriately  funded through  the general  fund rather                                                               
than through a tax on court system users, he stated.                                                                            
                                                                                                                                
SENATOR THERRIAULT  asked for clarification  that 9(b)(1)  is the                                                               
regular civil litigation filing fee.                                                                                            
                                                                                                                                
MR. WOOLIVER said it is.                                                                                                        
                                                                                                                                
CHAIR FRENCH announced that he would hold SB 69 in committee.                                                                   
                                                                                                                                
                  SB  64- DISCLOSURES & ETHICS                                                                              
                                                                                                                                
CHAIR FRENCH announced the consideration of SB 64.                                                                              
                                                                                                                                
4:39:20 PM                                                                                                                    
DAVID   JONES,  Assistant   Attorney  General,   Civil  Division,                                                               
Opinions, Appeals and  Ethics, Department of Law,  stated that SB
64 proposes  improvements to Alaska's disclosure  laws and ethics                                                               
laws. Disclosure  improvements would apply to  the three branches                                                               
of government,  to candidates and  political groups, and  to some                                                               
municipal  officers. Improvements  to  the  "Ethics Act"  [Alaska                                                               
Executive  Branch  Ethics  Act]  would apply  only  to  executive                                                               
branch members.                                                                                                                 
                                                                                                                                
Disclosure  improvements  include  requirements  for:  electronic                                                               
filing  with  APOC  (Alaska   Public  Offices  Commission);  more                                                               
detailed  legislative  financial  disclosures;  disclosures  from                                                               
former  legislators and  certain  others. Sections  1,  4, and  7                                                               
require electronic filing;  Sections 2 and 6  require more detail                                                               
in  the  financial disclosures  that  are  filed with  APOC;  and                                                               
Sections  3  and  5  require certain  former  officials  to  file                                                               
financial disclosures within 90 days of leaving office.                                                                         
                                                                                                                                
The four improvements to the  Ethics Act appear in Sections 8-11.                                                               
Section 8  defines an insignificant business  interest; Section 9                                                               
bans most gifts from lobbyists;  Section 10 tightens the existing                                                               
restrictions  on  types  of work  that  former  executive  branch                                                               
members may  perform within two  years of leaving  state service;                                                               
and Section 11 extends the reach  of the existing ban on lobbying                                                               
to   apply  to   deputy   commissioners  and   others  who   held                                                               
policymaking  positions  in  the  governor's  office.  "That  ban                                                               
applies under existing law for one year," he said.                                                                              
                                                                                                                                
4:42:05 PM                                                                                                                    
MR. JONES explained the bill sections as follows:                                                                               
                                                                                                                                
Section  1  on page  2  requires  electronic filing  of  campaign                                                               
disclosure reports  that candidates, groups and  others file with                                                               
APOC.  In   extraordinary  circumstances  APOC  could   grant  an                                                               
exception in extraordinary circumstances.                                                                                       
                                                                                                                                
Section 2,  3, and 4  on pages 2 and  3 apply to  the legislative                                                               
branch.  Section   2  requires  more  detail   in  the  financial                                                               
disclosures  that  legislators,  public  members  of  the  Select                                                               
Committee on  Legislative Ethics, and legislative  directors file                                                               
with APOC. For all income  exceeding $1,000, the disclosures must                                                               
describe the amount  received, the number of hours  spent to earn                                                               
the  income,  and  details  regarding   the  services  that  were                                                               
provided.  He noted  that  Section  3 of  SB  20 approaches  that                                                               
subject somewhat differently.                                                                                                   
                                                                                                                                
Section  3 requires  former legislators,  public  members of  the                                                               
Select Committee  on Legislative  Ethics, and  former legislative                                                               
directors to file financial disclosures  with APOC within 90 days                                                               
of leaving  service. He noted that  Section 2 of SB  20 addresses                                                               
that subject somewhat differently.                                                                                              
                                                                                                                                
Section  4 requires  legislators,  public members  of the  Select                                                               
Committee  on Legislative  Ethics, and  legislative directors  to                                                               
electronically   file  financial   disclosures  with   APOC.  The                                                               
commission    could    grant    exceptions    in    extraordinary                                                               
circumstances.                                                                                                                  
                                                                                                                                
4:44:17 PM                                                                                                                    
SENATOR THERRIAULT  asked if a  FAX is regarded as  an electronic                                                               
submittal.                                                                                                                      
                                                                                                                                
MR.  JONES  replied  the  intent  is  for  Internet  submissions.                                                               
Currently  APOC  currently  enters  the data  before  it  can  be                                                               
incorporated onto the APOC website.                                                                                             
                                                                                                                                
CHAIR   FRENCH   asked   how  many   candidates   do   not   file                                                               
electronically, how  long it takes  APOC to enter that  data, and                                                               
how long it takes before the data is available online.                                                                          
                                                                                                                                
4:45:31 PM                                                                                                                    
TAMMY  KEMPTON,   Project  Coordinator,  Alaska   Public  Offices                                                               
Commission  (APOC),  said  about  half  of  the  candidates  file                                                               
electronically.   [Ms.  Kempton   subsequently   sent  a   letter                                                               
correcting  her statement.  About  15 percent  of the  candidates                                                               
file electronically.]  She did not  know how many hours  it takes                                                               
to enter  the information  into the database,  but this  year for                                                               
the first  time all  the seven-day reports  were online  prior to                                                               
the election.                                                                                                                   
                                                                                                                                
CHAIR  FRENCH asked  if APOC  hires temporary  staff at  election                                                               
time to do data entry.                                                                                                          
                                                                                                                                
MS.  KEMPTON said  yes  when  funds are  available  and APOC  did                                                               
receive extra money this last election cycle.                                                                                   
                                                                                                                                
CHAIR FRENCH said  he would like to get information  on the level                                                               
of  burden on  the commission  including  the hours  it takes  to                                                               
enter the data and the time  span between the filing deadline and                                                               
when the information is available online.                                                                                       
                                                                                                                                
MS. KEMPTON agreed to provide the information.                                                                                  
                                                                                                                                
SENATOR HUGGINS  asked if the  rationale is the workload  or that                                                               
candidates are exploiting the system.                                                                                           
                                                                                                                                
MR. JONES  said part of  the rationale is to  avoid gamesmanship,                                                               
but largely the idea is to  make the information available to the                                                               
public as  quickly as possible.  The information is  important in                                                               
helping the public make informed decisions when voting.                                                                         
                                                                                                                                
SENATOR HUGGINS expressed  the view that most  people don't check                                                               
that  information  very closely,  but  activists  might. He  then                                                               
asked what would constitute an extraordinary circumstance.                                                                      
                                                                                                                                
MR. JONES  said that is  intentionally vague because there  are a                                                               
spectrum of  circumstances that might  justify exceptions  to the                                                               
electronic filing requirement. Thus  it seems appropriate to give                                                               
APOC the  discretion to  decide when  extraordinary circumstances                                                               
exist. He clarified  that the intention is that  reasons such as,                                                               
"I don't  feel like it."  or "I prefer to  do it by  hand." would                                                               
not be acceptable.                                                                                                              
                                                                                                                                
SENATOR HUGGINS disclosed that he's  proud that his wife does his                                                               
filing and  he might be in  trouble if she weren't  available. "I                                                               
don't know whether that would be extraordinary or not," he said.                                                                
                                                                                                                                
CHAIR FRENCH asked  if it's correct that  handwritten reports are                                                               
available  at the  commission  office the  day  after the  filing                                                               
deadline so a person could  request that the information be faxed                                                               
or copied.                                                                                                                      
                                                                                                                                
MS. KEMPTON said  that is the current system.  When talking about                                                               
the public seeing these reports,  she said it's important to note                                                               
that  only  campaign  reports  are  currently  available  online.                                                               
Legislative   financial  disclosure   reports,  public   official                                                               
disclosure  reports, and  the lobbyist  and employer  of lobbyist                                                               
disclosure reports are not available online, she stated.                                                                        
                                                                                                                                
CHAIR FRENCH asked  if this bill changes  the distinction between                                                               
candidate reports and the other disclosures.                                                                                    
                                                                                                                                
MS.  KEMPTON said  SB 64  would  make electronic  filing for  all                                                               
those  reports  mandatory.  Currently  APOC has  the  ability  to                                                               
require  electronic  filing  from   lobbyists  and  employers  of                                                               
lobbyists. APOC is working on implementing that, she said.                                                                      
                                                                                                                                
CHAIR FRENCH  asked if  electronic filing  would be  required for                                                               
all the legislative disclosures that APOC receives.                                                                             
                                                                                                                                
MS. KEMPTON said yes.                                                                                                           
                                                                                                                                
4:54:01 PM                                                                                                                    
SENATOR  WIELECHOWSKI asked  if the  current requirement  is that                                                               
campaign  disclosure   information  must   be  received   on  the                                                               
specified day or postmarked on the specified day.                                                                               
                                                                                                                                
MS. KEMPTON said  when filing by mail the  current requirement is                                                               
that it is postmarked on the specified day.                                                                                     
                                                                                                                                
SENATOR  THERRIAULT noted  that some  reports come  in days  or a                                                               
week later if the mail system is used.                                                                                          
                                                                                                                                
MS. KEMPTON agreed.                                                                                                             
                                                                                                                                
SENATOR  THERRIAULT  disclosed  that   he  is  treasurer  of  his                                                               
campaigns and he does the reports by hand.                                                                                      
                                                                                                                                
CHAIR FRENCH disclosed  that he pays someone to  file his reports                                                               
and that person files electronically.                                                                                           
                                                                                                                                
SENATOR THERRIAULT asked about the sophistication of the system.                                                                
                                                                                                                                
MS. KEMPTON explained  that the system will  have drop-down menus                                                               
to select the desired report.  Currently candidates have two ways                                                               
of filing electronically. One is  ELFS (Electronic Filing System)                                                               
and the other is by means  of a spreadsheet. APOC supplies a list                                                               
of  field  names  to  set   up  the  spreadsheet  such  that  the                                                               
information can  be imported into  the APOC database. SB  64 will                                                               
provide a  third way,  which "hopefully will  be the  best ever,"                                                               
she said.                                                                                                                       
                                                                                                                                
SENATOR THERRIAULT asked  if he could start a report,  save it to                                                               
a different location, and then  return to complete the data entry                                                               
before submitting the report                                                                                                    
                                                                                                                                
MS. KEMPTON said absolutely.                                                                                                    
                                                                                                                                
SENATOR THERRIAULT asked if each candidate has a PIN number.                                                                    
                                                                                                                                
MS. KEMPTON said that is her understanding.                                                                                     
                                                                                                                                
SENATOR HUGGINS  commented that  this is a  worthy goal,  but the                                                               
terms are onerous  considering that 50 percent of  the people are                                                               
currently out of compliance with concept. [The committee                                                                        
subsequently   learned    that   85    percent   do    not   file                                                               
electronically.]                                                                                                                
                                                                                                                                
SENATOR WIELECHOWSKI commented that a significant upgrade is                                                                    
needed in the ELFS program. "The software is not intuitive, it                                                                  
is really inadequate," he said.                                                                                                 
                                                                                                                                
MS. KEMPTON said the new system is nothing like ELFS.                                                                           
                                                                                                                                
4:59:19 PM                                                                                                                    
CHAIR FRENCH announced he would hold SB 64 in committee.                                                                        
                                                                                                                                
There being no further business to come before the committee,                                                                   
Chair French adjourned the meeting at 4:59:29 PM.                                                                             
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