04/05/2008 09:00 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB268 | |
| HB163 | |
| HB359 | |
| HB305 | |
| HB50 | |
| HB400 | |
| HJR37 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 305 | TELECONFERENCED | |
| + | HB 50 | TELECONFERENCED | |
| + | HB 400 | TELECONFERENCED | |
| + | HJR 37 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | HB 163 | ||
| = | HB 268 | ||
| = | HB 359 | ||
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
April 5, 2008
9:05 a.m.
MEMBERS PRESENT
Senator Hollis French, Chair
Senator Charlie Huggins, Vice Chair
Senator Lesil McGuire
Senator Bill Wielechowski
Senator Gene Therriault
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 268
"An Act relating to damaging a vehicle on public land by
starting a fire or causing an explosion."
MOVED HB 268 OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 163(JUD)
"An Act relating to real property foreclosures, to the sale of
property on execution, and to deeds of trust."
MOVED SCS CSHB 163(JUD) OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 359(FIN)
"An Act relating to the term of probation for persons convicted
of minor consuming or in possession or control of alcohol or
repeat minor consuming or in possession or control of alcohol;
and relating to termination of probation for certain persons
convicted of minor consuming or in possession or control of
alcohol or repeat minor consuming or in possession or control of
alcohol."
MOVED CSHB 359(FIN) OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 305(RLS) am
"An Act relating to campaign fund raising during a regular or
special legislative session; and providing for an effective
date."
HEARD AND HELD
CS FOR HOUSE BILL NO. 50(JUD)
"An Act relating to the Interstate Compact for the Placement of
Children; establishing an interstate commission for the
placement of children; amending Rules 4 and 24(b), Alaska Rules
of Civil Procedure; and providing for an effective date."
MOVED CSHB 50(JUD) OUT OF COMMITTEE
HOUSE BILL NO. 400
"An Act relating to a person who seeks medical assistance for a
person experiencing a drug overdose."
MOVED HB 400 OUT OF COMMITTEE
CS FOR HOUSE JOINT RESOLUTION NO. 37(JUD)
Proposing amendments to the Constitution of the State of Alaska
to correct obsolete references to the office of secretary of
state by substituting references to the office of lieutenant
governor.
MOVED CSHJR 37(JUD) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 268
SHORT TITLE: MOTOR VEHICLE ARSON ON PUBLIC LAND
SPONSOR(s): REPRESENTATIVE(s) STOLTZE
01/04/08 (H) PREFILE RELEASED 1/4/08
01/15/08 (H) READ THE FIRST TIME - REFERRALS
01/15/08 (H) JUD
02/06/08 (H) JUD AT 1:00 PM CAPITOL 120
02/06/08 (H) Moved Out of Committee
02/06/08 (H) MINUTE(JUD)
02/08/08 (H) JUD RPT 1DP 4NR 1AM
02/08/08 (H) DP: RAMRAS
02/08/08 (H) NR: DOOGAN, COGHILL, DAHLSTROM, SAMUELS
02/08/08 (H) AM: HOLMES
02/21/08 (H) TRANSMITTED TO (S)
02/21/08 (H) VERSION: HB 268
02/25/08 (S) READ THE FIRST TIME - REFERRALS
02/25/08 (S) JUD
03/12/08 (S) JUD AT 1:30 PM BELTZ 211
03/12/08 (S) Heard & Held
03/12/08 (S) MINUTE(JUD)
04/05/08 (S) JUD AT 9:00 AM BUTROVICH 205
BILL: HB 163
SHORT TITLE: PROPERTY FORECLOSURES AND EXECUTIONS
SPONSOR(s): REPRESENTATIVE(s) RAMRAS
02/28/07 (H) READ THE FIRST TIME - REFERRALS
02/28/07 (H) L&C, JUD
03/30/07 (H) L&C AT 3:00 PM CAPITOL 17
03/30/07 (H) -- MEETING CANCELED --
04/20/07 (H) L&C AT 3:00 PM CAPITOL 17
04/20/07 (H) Moved CSHB 163(L&C) Out of Committee
04/20/07 (H) MINUTE(L&C)
04/23/07 (H) L&C RPT 1DP 4NR
04/23/07 (H) DP: RAMRAS
04/23/07 (H) NR: BUCH, LEDOUX, NEUMAN, OLSON
04/27/07 (H) JUD AT 1:00 PM CAPITOL 120
04/27/07 (H) Heard & Held
04/27/07 (H) MINUTE(JUD)
04/30/07 (H) CORRECTED L&C RPT CS(L&C) NT 1DP 4NR
04/30/07 (H) DP: RAMRAS
04/30/07 (H) NR: BUCH, NEUMAN, LEDOUX, OLSON
04/30/07 (H) JUD AT 1:00 PM CAPITOL 120
04/30/07 (H) Moved CSHB 163(JUD) Out of Committee
04/30/07 (H) MINUTE(JUD)
05/01/07 (H) JUD RPT CS(JUD) NT 3DP 4NR
05/01/07 (H) DP: GRUENBERG, LYNN, RAMRAS
05/01/07 (H) NR: COGHILL, DAHLSTROM, SAMUELS, HOLMES
05/05/07 (H) TRANSMITTED TO (S)
05/05/07 (H) VERSION: CSHB 163(JUD)
05/07/07 (S) READ THE FIRST TIME - REFERRALS
05/07/07 (S) JUD, FIN
03/05/08 (S) JUD AT 1:30 PM BELTZ 211
03/05/08 (S) Heard & Held
03/05/08 (S) MINUTE(JUD)
03/21/08 (S) JUD AT 1:30 PM BELTZ 211
03/21/08 (S) -- MEETING CANCELED --
03/25/08 (S) JUD AT 1:30 PM FAHRENKAMP 203
03/25/08 (S) Heard & Held
03/25/08 (S) MINUTE(JUD)
04/05/08 (S) JUD AT 9:00 AM BUTROVICH 205
BILL: HB 359
SHORT TITLE: PROBATION AND MINOR CONSUMING
SPONSOR(s): JUDICIARY
02/08/08 (H) READ THE FIRST TIME - REFERRALS
02/08/08 (H) JUD, FIN
02/20/08 (H) JUD AT 1:00 PM CAPITOL 120
02/20/08 (H) Moved CSHB 359(JUD) Out of Committee
02/20/08 (H) MINUTE(JUD)
02/21/08 (H) JUD RPT CS(JUD) NT 2DP 3NR
02/21/08 (H) DP: GRUENBERG, RAMRAS
02/21/08 (H) NR: COGHILL, DAHLSTROM, SAMUELS
03/04/08 (H) FIN AT 1:30 PM HOUSE FINANCE 519
03/04/08 (H) Scheduled But Not Heard
03/05/08 (H) FIN AT 1:30 PM HOUSE FINANCE 519
03/05/08 (H) Heard & Held
03/05/08 (H) MINUTE(FIN)
03/13/08 (H) FIN AT 1:30 PM HOUSE FINANCE 519
03/13/08 (H) Moved CSHB 359(FIN) Out of Committee
03/13/08 (H) MINUTE(FIN)
03/17/08 (H) FIN RPT CS(FIN) NT 6DP 2NR
03/17/08 (H) DP: HAWKER, GARA, CRAWFORD, THOMAS,
MEYER, CHENAULT
03/17/08 (H) NR: KELLY, HARRIS
03/26/08 (H) TRANSMITTED TO (S)
03/26/08 (H) VERSION: CSHB 359(FIN)
03/27/08 (S) READ THE FIRST TIME - REFERRALS
03/27/08 (S) JUD, FIN
04/02/08 (S) JUD AT 1:30 PM BELTZ 211
04/02/08 (S) Bills Previously Heard/Scheduled
04/03/08 (S) JUD AT 8:00 AM BUTROVICH 205
04/03/08 (S) Heard & Held
04/03/08 (S) MINUTE(JUD)
04/05/08 (S) JUD AT 9:00 AM BUTROVICH 205
BILL: HB 305
SHORT TITLE: CAMPAIGN FUND RAISING DURING SESSIONS
SPONSOR(s): REPRESENTATIVE(s) MEYER
01/11/08 (H) PREFILE RELEASED 1/11/08
01/15/08 (H) READ THE FIRST TIME - REFERRALS
01/15/08 (H) STA
01/22/08 (H) STA AT 8:00 AM CAPITOL 106
01/22/08 (H) Moved CSHB 305(STA) Out of Committee
01/22/08 (H) MINUTE(STA)
01/23/08 (H) STA RPT CS(STA) NT 4DP 2NR
01/23/08 (H) DP: JOHNSON, JOHANSEN, ROSES, LYNN
01/23/08 (H) NR: COGHILL, DOLL
02/04/08 (H) RLS AT 4:30 PM CAPITOL 106
02/04/08 (H) Moved CSHB 305(RLS) Out of Committee
02/04/08 (H) MINUTE(RLS)
02/06/08 (H) RLS RPT CS(RLS) NT 5DP 2AM
02/06/08 (H) DP: FAIRCLOUGH, HARRIS, KERTTULA,
SAMUELS, COGHILL
02/06/08 (H) AM: GUTTENBERG, JOHNSON
02/06/08 (H) RETURNED TO RLS COMMITTEE
02/19/08 (H) MOVED TO RETURN TO SECOND TO RESCIND
ACTION
02/19/08 (H) LEDOUX ABSTAIN VOTING FLD Y18 N17 E5
PER UR 34(B)
02/20/08 (H) TRANSMITTED TO (S)
02/20/08 (H) VERSION: CSHB 305(RLS) AM
02/21/08 (S) READ THE FIRST TIME - REFERRALS
02/21/08 (S) STA
02/21/08 (S) JUD REFERRAL ADDED BEFORE STA
04/05/08 (S) JUD AT 9:00 AM BUTROVICH 205
BILL: HB 50
SHORT TITLE: CHILD PLACEMENT COMPACT
SPONSOR(s): REPRESENTATIVE(s) COGHILL, NEUMAN, WILSON
01/16/07 (H) PREFILE RELEASED 1/5/07
01/16/07 (H) READ THE FIRST TIME - REFERRALS
01/16/07 (H) HES, JUD
02/21/08 (H) HES AT 3:30 PM CAPITOL 106
02/21/08 (H) Heard & Held
02/21/08 (H) MINUTE(HES)
02/28/08 (H) HES AT 3:00 PM CAPITOL 106
02/28/08 (H) Moved CSHB 50(HES) Out of Committee
02/28/08 (H) MINUTE(HES)
02/29/08 (H) HES RPT CS(HES) 6DP 1NR
02/29/08 (H) DP: CISSNA, FAIRCLOUGH, GARDNER,
SEATON, ROSES, WILSON
02/29/08 (H) NR: KELLER
03/14/08 (H) JUD AT 1:00 PM CAPITOL 120
03/14/08 (H) Moved CSHB 50(JUD) Out of Committee
03/14/08 (H) MINUTE(JUD)
03/17/08 (H) JUD RPT CS(JUD) NT 4DP
03/17/08 (H) DP: GRUENBERG, COGHILL, DAHLSTROM,
RAMRAS
03/17/08 (H) FIN REFERRAL ADDED AFTER JUD
03/27/08 (H) FIN AT 1:30 PM HOUSE FINANCE 519
03/27/08 (H) Moved CSHB 50(JUD) Out of Committee
03/27/08 (H) MINUTE(FIN)
03/28/08 (H) FIN RPT CS(JUD) NT 4DP 3NR
03/28/08 (H) DP: CRAWFORD, GARA, JOULE, THOMAS
03/28/08 (H) NR: HAWKER, KELLY, MEYER
03/31/08 (H) TRANSMITTED TO (S)
03/31/08 (H) VERSION: CSHB 50(JUD)
04/01/08 (S) READ THE FIRST TIME - REFERRALS
04/01/08 (S) JUD, FIN
04/05/08 (S) JUD AT 9:00 AM BUTROVICH 205
BILL: HB 400
SHORT TITLE: MITIGATING FACTOR: CARE FOR DRUG OVERDOSE
SPONSOR(s): REPRESENTATIVE(s) KERTTULA
02/19/08 (H) READ THE FIRST TIME - REFERRALS
02/19/08 (H) JUD, FIN
02/25/08 (H) JUD AT 1:00 PM CAPITOL 120
02/25/08 (H) Heard & Held
02/25/08 (H) MINUTE(JUD)
03/12/08 (H) JUD AT 1:00 PM CAPITOL 120
03/12/08 (H) Moved Out of Committee
03/12/08 (H) MINUTE(JUD)
03/13/08 (H) JUD RPT 2DP 4NR
03/13/08 (H) DP: HOLMES, RAMRAS
03/13/08 (H) NR: GRUENBERG, COGHILL, DAHLSTROM,
SAMUELS
03/26/08 (H) FIN AT 1:30 PM HOUSE FINANCE 519
03/26/08 (H) Scheduled But Not Heard
03/27/08 (H) FIN AT 1:30 PM HOUSE FINANCE 519
03/27/08 (H) Moved Out of Committee
03/27/08 (H) MINUTE(FIN)
03/28/08 (H) FIN RPT 5DP 3NR
03/28/08 (H) DP: GARA, CRAWFORD, JOULE, THOMAS,
MEYER
03/28/08 (H) NR: HAWKER, STOLTZE, KELLY
04/02/08 (H) TRANSMITTED TO (S)
04/02/08 (H) VERSION: HB 400
04/03/08 (S) READ THE FIRST TIME - REFERRALS
04/03/08 (S) JUD, FIN
04/05/08 (S) JUD AT 9:00 AM BUTROVICH 205
BILL: HJR 37
SHORT TITLE: CONST AM: SEC. OF STATE REFERENCES
SPONSOR(s): REPRESENTATIVE(s) GRUENBERG
02/19/08 (H) READ THE FIRST TIME - REFERRALS
02/19/08 (H) STA, JUD
03/13/08 (H) STA AT 8:00 AM CAPITOL 106
03/13/08 (H) Scheduled But Not Heard
03/15/08 (H) STA AT 11:00 AM CAPITOL 106
03/15/08 (H) Moved Out of Committee
03/15/08 (H) MINUTE(STA)
03/17/08 (H) STA RPT 4DP 1NR
03/17/08 (H) DP: JOHNSON, GRUENBERG, DOLL, ROSES
03/17/08 (H) NR: COGHILL
03/17/08 (H) FIN REFERRAL ADDED AFTER JUD
03/19/08 (H) JUD AT 1:00 PM CAPITOL 120
03/19/08 (H) Moved CSHJR 37(JUD) Out of Committee
03/19/08 (H) MINUTE(JUD)
03/20/08 (H) JUD RPT CS(JUD) NT 5DP 1NR
03/20/08 (H) DP: GRUENBERG, COGHILL, DAHLSTROM,
LYNN, RAMRAS
03/20/08 (H) NR: SAMUELS
03/27/08 (H) FIN AT 1:30 PM HOUSE FINANCE 519
03/27/08 (H) Moved CSHJR 37(JUD) Out of Committee
03/27/08 (H) MINUTE(FIN)
03/28/08 (H) FIN RPT CS(JUD) NT 4DP 5NR
03/28/08 (H) DP: CRAWFORD, KELLY, THOMAS, MEYER
03/28/08 (H) NR: HAWKER, GARA, STOLTZE, JOULE,
CHENAULT
03/31/08 (H) TRANSMITTED TO (S)
03/31/08 (H) VERSION: CSHJR 37(JUD)
04/01/08 (S) READ THE FIRST TIME - REFERRALS
04/01/08 (S) JUD, FIN
04/05/08 (S) JUD AT 9:00 AM BUTROVICH 205
WITNESS REGISTER
BEN MULLIGAN, Staff
to Representative Bill Stoltze
Alaska State Capitol
Juneau, AK
POSITION STATEMENT: Introduced HB 268 on behalf of the sponsor.
KELLY RIEDELLO, Assistant State Fire Marshal
Division of Fire and Life Safety
Department of Public Safety
Anchorage, AK
POSITION STATEMENT: Offered to answer questions on HB 268.
JANE PIERSON, Staff
to Representative Jay Ramras
Alaska State Capitol
Juneau, AK
POSITION STATEMENT: Introduced HB 163 on behalf of the sponsor.
EMILY BEATLEY, Staff
to Representative Jay Ramras
Alaska State Capitol
Juneau, AK
POSITION STATEMENT: Introduced HB 359 on behalf of the sponsor.
MIKE POWLOWSKI, Staff
to Representative Kevin Meyer
Alaska State Capitol
Juneau, AK
POSITION STATEMENT: Introduced HB 305 on behalf of the sponsor.
RYNNIEVA MOSS, Staff
to Representative John Coghill
Alaska State Capitol
Juneau, AK
POSITION STATEMENT: Introduced HB 50 on behalf of the sponsor.
MARSHA PICKERING, Social Services Program Coordinator
Office of Children's Services
Department of Health and Social Services (DHSS)
Juneau, AK
POSITION STATEMENT: Answered questions related to HB 50.
JAN RUTHERDALE, Assistant Attorney General
Civil Division
Child Protective Section
Department of Law
Juneau, AK
POSITION STATEMENT: Responded to a question related to HB 50.
AURORA HAUKE, Staff
to Representative Beth Kerttula
Alaska State Capitol
Juneau, AK
POSITION STATEMENT: Introduced HB 400 on behalf of the sponsor.
DENEEN TUCK, Staff
to Representative Max Gruenberg
Alaska State Capitol
Juneau, AK
POSITION STATEMENT: Introduced HJR 37 on behalf of the sponsor.
REPRESENTATIVE MAX GRUENBERG
Alaska State Capitol
Juneau, AK
POSITION STATEMENT: Sponsor of HJR 37.
ACTION NARRATIVE
CHAIR HOLLIS FRENCH called the Senate Judiciary Standing
Committee meeting to order at 9:05:10 AM. Present at the call to
order were Senators French, Therriault, Huggins, and
Wielechowski.
HB 268-MOTOR VEHICLE ARSON ON PUBLIC LAND
CHAIR FRENCH announced the consideration of HB 268. He asked the
sponsor's representative if he had additional information on the
bill that the committee might need.
9:05:47 AM
BEN MULLIGAN, Staff to Representative Bill Stoltze, sponsor of
HB 268, mentioned a letter that was sent to the sponsor related
to the permitting system and relayed that a representative from
the office of the State Fire Marshal was available to answer
questions on that or other points.
9:07:00 AM
KELLY RIEDELLO, Assistant State Fire Marshal, relayed that the
state fire marshal previously testified in support of the bill
and he is here today to answer questions.
CHAIR FRENCH noted that public testimony was closed after the
last hearing, and finding no committee discussion, he asked for
a motion.
SENATOR WIELECHOWSKI motioned to report HB 268 and attached zero
fiscal note(s) from committee with individual recommendations.
CHAIR FRENCH announced that without objection, HB 268 is moved
from the Senate Judiciary Committee.
CSHB 163(JUD)-PROPERTY FORECLOSURES AND EXECUTIONS
9:08:28 AM
CHAIR FRENCH announced the consideration of CSHB 163(JUD) and
asked for a motion to adopt Version \T, Senate committee
substitute (CS). [The committee discussed, but did not adopt,
Version 25-LS0630\N during the meeting on 3/25/08.]
SENATOR HUGGINS moved to adopt Senate CS for CSHB 163, 25-
LS0630\T, Bannister, as the working document.
CHAIR FRENCH explained that the CS essentially makes two changes
to the bill that passed from the House. First, it drops Section
2, which was the provision that mandated Internet advertizing of
foreclosure sales. It's a good idea, but it was unclear whether
that would continue if the law mandated it happen somewhere
else. The Alaska Journal of Commerce website seems to be working
and the mandate might or might not jeopardize that. Noting that
the sponsor acquiesced to his view, he asked Ms. Pierson if she
had anything to add on that point.
9:10:09 AM
JANE PIERSON, Staff to Representative Jay Ramras, sponsor of HB
163, responded that the sponsor accepts the change.
CHAIR FRENCH explained that the second change is in Section 4.
The phrase "up to two days" was deleted so that a default can be
cured at any time before the sale rather than up to two days
before the sale because that phrase may upset thousands of
current deeds of trust that allow cure up until the moment of
sale. With the growing foreclosure crisis homeowners should be
given every opportunity to keep their homes from being sold to
satisfy a debt.
MS. PIERSON told Chair French she had nothing to add on that
point.
CHAIR FRENCH observed that this is one of those bills where both
sides can come together and create good new provisions for a
dynamic are in the law. Finding no discussion, he asked for a
motion.
9:11:16 AM
SENATOR THERRIAULT motioned to report SCS CSHB 163(JUD), 25-
LS0630\T, and attached fiscal note(s) from committee with
individual recommendations.
CHAIR FRENCH announced that without objection the bill is moved
from the Senate Judiciary Committee.
CSHB 359(FIN)-PROBATION AND MINOR CONSUMING
CHAIR FRENCH announced the consideration of HB 359. [Before the
committee was CSHB 359(FIN).] He recapped that the bill was
heard two days ago and held over to consider the changes that
had been made.
9:11:55 AM
EMILY BEATLEY, Staff to Representative Jay Ramras, sponsor of HB
359, thanked the committee for considering the bill.
CHAIR FRENCH observed that the bill is a good idea that's a long
time in coming. Young people who drink alcohol when they're
underage should be punished, but they should be able to cure
themselves of that mistake without too many ramifications. He's
heard about the negative affect on military recruitment, getting
into college and other steps that young people might want to
take. Some are too harsh.
9:12:46 AM
SENATOR McGUIRE joined the hearing.
SENATOR WIELECHOWSKI motioned to report HB 359 and attached
fiscal note(s) from committee with individual recommendations.
CHAIR FRENCH announced that without objection, CSHB 359(FIN) is
moved from the Senate Judiciary Committee.
At ease from 9:13:07 AM to 9:14:40 AM.
CSHB 305(RLS) am -CAMPAIGN FUND RAISING DURING SESSIONS
CHAIR FRENCH announced the consideration of HB 305 dealing with
campaign finance. [Before the committee was CSHB 305(RLS) am.]
9:14:57 AM
MIKE POWLOWSKI, Staff to Representative Kevin Meyer, sponsor of
HB 305, described Section 3 as the meat of the bill. It extends
to other races the prohibition against a legislator raising
money for a statewide office during a legislative session. The
current version provides a blanket prohibition against raising
money: for another candidate for municipal, state, or federal
office; to influence a ballot proposition or question; or for a
political party. When the legislature is not in session the
legislator regains the right to solicit for those activities.
9:17:16 AM
MR. POWLOWSKI said that subparagraph (A) in Section 3 is a
little different in that a legislator can solicit funds for his
or her own campaign for office as long as it is within 90 days
of that election and not in the location where the session is
being held or in the capital city.
Section 1 repeals and reenacts AS 15.13.072(d) to provide
continuity between the APOC laws and ethics laws. Subsection (d)
originally applied the prohibition to both legislators and
candidates, but the court determined that it was
unconstitutional to apply the prohibition to candidates who were
not sitting legislators, so the section was never enforced. In
working through the process they decided to repeal and reenact
the statute, meet the court order and apply the prohibition only
to legislators. The APOC laws are amended to clarify that this
applies to not only a legislative race, but also a municipal,
state, or federal races.
9:19:06 AM
CHAIR FRENCH added that Title 15 is the APOC statutes so to
contravene the statute is an APOC violation. He asked what the
penalty is for that and Mr. Powlowski said he would provide that
information later.
MR. POWLOWSKI explained that Section 2 relates to the ethics law
and applies only to legislative employees. It does not apply to
legislators. The reasoning is that Section 3 places broad
prohibitions on legislators and that section wouldn't apply in
its entirety to legislative employees since they aren't decision
makers.
MR. POWLOWSKI said he hopes there is some conversation about the
issue of federal preemption as it relates to the bill. The
sponsor recognizes that federal law preempts this bill as it
applies to federal office, but he believes that the state has a
compelling interest in governing the conduct of its legislators,
so a challenge is warranted.
9:21:11 AM
SENATOR THERRIAULT asked if the issue is that it's questionable
that this state law can preempt him from raising money for his
or someone else's federal campaign.
MR. POWLOWSKI replied he understands that it would be for a
candidate's own campaign for federal office. Candidates for
federal office fall under the federal election code, which
applies only to a candidacy. "We do believe that the bill's
prohibitions on your solicitation of funds in favor of someone
for federal office would not fall under the federal election
code."
CHAIR FRENCH asked if the federal preemption pertains in Section
3 because the bill states that "on any day when either house of
the legislature is in regular or special session, a legislator
may not solicit or accept a contribution or a promise or pledge
to make a contribution for the legislator's own campaign for
public office." The sponsor interprets "public office" to mean
local, state, or federal.
MR. POWLOWSKI said that's correct.
9:22:45 AM
CHAIR FRENCH referred to the legal opinion dated 1/25/08 on the
issue of federal preemption that cites a case from Georgia,
Tepper v. Miller. In that case the U.S. Court of Appeals
affirmed an injunction against enforcement of a Georgia law
prohibiting Georgia General Assembly members from accepting
contributions for federal election campaigns while the assembly
was in session. The court of appeals held that the statute was
preempted by the Federal Election Campaign Act of 1971.
CHAIR FRENCH said that in bald terms "preemption" means that
you're pushed out of the way. In this country U.S. federal law
is supreme and in this issue it sits on top of anything this
state might do, particularly with respect to federal election
laws. Basically, the state is powerless to tell the federal
government how to run federal elections. The last paragraph of
that opinion says: "The express language of the federal election
laws preemption provision, the provision's legislative history,
and the FEC's interpretation make plain that a state law
operating to regulate the period in which a category of citizens
can accept contributions for a campaign for federal office is
preempted."
CHAIR FRENCH observed that the foregoing doesn't leave much
wiggle room and it makes him nervous to set up a statute that
invites a challenge and legal proceedings that would require the
state to defend the law. Ultimately he said he feels that the
district attorney who tries to defend this law will lose.
9:25:32 AM
MR. POWLOWSKI responded that the sponsor appreciates the issue
and did take pause when he received the opinion from legislative
legal. The packets also contain a research report pointing to
three other states that have a similar provision that either
have not been struck down or have not been challenged. When the
sponsor saw that, he decided to go forward with that provision.
SENATOR THERRIAULT asked if the similar provision in other
states hadn't been struck down or hadn't been challenged.
MR. POWLOWSKI said the Tepper v. Miller challenge in Georgia was
overturned and in another state the attorney general decided
that the provision would not be enforced. "It's the same way the
state currently operates under the way the existing APOC law
applies to candidates." The law says one thing and the state
court says it won't be enforced. The other three states have
similar provisions in law, but a challenge has never been
brought so they remain in effect.
CHAIR FRENCH said it's an interesting intersection of what's
right, what's legal, and what you can get away with. "It may be
that we can't stop sitting legislators from raising money for
federal office while the legislature is in session. It may be
that those individuals would think twice about the propriety of
doing so since we're all banned from raising money for our own
campaigns while we're here doing the state's business. It may be
that…the whole welter of laws is beside the point. It may be
that total and complete disclosure is really the way to go," he
said.
9:28:40 AM
CHAIR FRENCH asked if subparagraph (B) in Section 3 prohibits a
legislator from making a contribution for another candidate
MR. POWLOWSKI replied their understanding of (A), (B), (C), and
(D) is that they fall under paragraph (1). That says legislators
may not "on a day when either house of the legislature is in
regular or special session, solicit or accept a contribution or
a promise or pledge to make a contribution" so the prohibition
applies to solicitation or acceptance of funds and not the
ability to make a contribution.
CHAIR FRENCH said he couldn't, for example, raise money for an
assembly candidate in Anchorage.
MR. POWLOWSKI agreed and said the fundraising events that take
place during the campaign season provide an easy example.
Oftentimes you'll see members hosting events to solicit funds
for a candidate. That would be prohibited during a legislative
session, but a legislator would continue to have the right to
appear and endorse the candidate as long as it isn't linked to
the solicitation of funds.
CHAIR FRENCH asked about the circumstance of his going to a
fundraiser and standing up and asking folks to get their
checkbooks out because this guy is worth electing.
MR. POWLOWSKI replied that would be over the line. In governing
conduct for this section, the point is to not attend the
fundraiser in favor of that candidate. When it applies to
candidates it's a little different than ballot measures but the
principle is similar. Legislators could appear in commercials
supporting the policy of an initiative, but they could not
appear in a commercial asking to raise money for the initiative
because that is a solicitation for funds. It's separating the
act of soliciting money versus the act of supporting the policy.
9:31:34 AM
SENATOR McGUIRE expressed the view that this is an important
policy when you think about the principle behind why legislators
can't raise money while in Juneau. At heart it's so there isn't
an appearance that legislators are being influenced in their
deliberations. It could be carried a step further with poor
motive. "I think putting it into law is a great approach," she
said.
MR. POWLOWSKI added that legislators used to be prohibited from
raising money for legislative, municipal and statewide office
and HB 305 initially tried to take the law back to what it was
before. The problem was extending that prohibition to federal
law.
9:33:52 AM
SENATOR WIELECHOWSKI said he doesn't disagree with the
philosophy, but he questions whether it's any better to get a
$1,000 check the day before the session versus getting it the
day the session starts.
MR. POWLOWSKI replied we felt that when members put on hold
their role as a citizen to take up the people's business is the
defining line for saying that this is a time not to be
soliciting funds.
SENATOR WIELECHOWSKI asked if this would also apply to governor
candidates, lieutenant governor candidates and perhaps municipal
candidates.
MR. POWLOWSKI said the provision is in the Legislative Ethics
Act and it applies only to the conduct of legislators. That was
the sponsor's focus.
SENATOR WIELECHOWSKI asked if he would object to amending the
bill to include the Executive Branch Ethics Act.
MR. POWLOWSKI replied he doesn't know the sponsor's position,
but when that was discussed in previous committees his position
was that the executive branch should deal with that.
9:36:53 AM
SENATOR THERRIAULT said Mr. Pawlowski made the point that
legislators shift roles from being a citizen to being a
legislator when the session starts, and if you wanted to go
beyond that you'd have to make the prohibition year around and
that would be a complete loss of a constitutional right. As
currently drafted, the line is very bright and distinct, he
stated.
CHAIR FRENCH observed that the further you get from the core
activity you're trying to prevent, the more you'll get into
legal trouble. He can't see any court upholding a ban on the
ability to raise money for good causes during a legislative
session, even if you have a bad motive for doing so.
9:39:08 AM
SENATOR McGUIRE said she believes the distinction is that you're
in a political context asking for money as opposed to speaking
on behalf of a good cause.
CHAIR FRENCH said that's the exact tension because there is
nothing more protected than political speech. It's at the heart
of the First Amendment. The First Amendment isn't about asking
for money for the Red Cross or an advertisement for selling
soap; it's about a person's right to stand up and state their
political principles with as much vigor and enthusiasm as they
like.
MR. POWLOWSKI relayed that the next subsection, AS 24.60.030(e),
speaks to that very conduct. It talks about a legislator not
trading his or her vote and it speaks to donating or not
donating to a cause favored by the legislator. Extending it to
cover things like the Red Cross was discussed but those
individuals are not policy makers; that is a legislator role. As
long as you limit it to things that are political in nature,
you're within reasonable bounds, he said. We haven't heard
significant constitutional questions on the issue of free
speech. The legal memorandums say that the constitutional
questions are related to the federal election issues rather than
free speech.
SENATOR McGUIRE added that the courts have said that reasonable
restrictions are allowed because it's the compelling state
interest.
9:42:21 AM
CHAIR FRENCH agreed, and then set HB 305 aside for further
consideration.
CSHB 50(JUD) -CHILD PLACEMENT COMPACT
CHAIR FRENCH announced the consideration of HB 50. [Before the
committee was CSHB 50(JUD).]
9:42:56 AM
RYNNIEVA MOSS, Staff to Representative John Coghill, sponsor of
HB 50, explained that the sponsor became interested in the issue
of interstate child placement after he learned about the delays
in placing children with relatives living outside the state. The
delays result in children being placed in foster homes for up to
a year. The existing interstate compact for the placement
children (ICPC) was created in 1959, and Alaska adopted it in
1976. This 40-year-old statute doesn't reflect modern
technology, doesn't have accountability, and doesn't work.
9:44:35 AM
MS. MOSS relayed that when the sponsor read: "The compact and
its rules shall supersede state law, rules or regulations to the
extent of any conflict therewith" he decided to carry the bill
through to ensure that changes are made to sustain state
sovereignty. As currently written the bill eliminates that
language. It has provisions to place a child with relatives
after a basic assessment with a full home study to follow
thereafter.
MS. MOSS said the sponsor feels that the bill places
accountability appropriately and, contrary to the fiscal note,
believes that it will save money. It takes the state out of the
act of supervising placement where is shouldn't. "This language
has been worked on for several years, Representative Coghill has
been supervising his part for a year, and we feel the way the
language is now, it's a good bill and it's going to mean that
children are being placed with relatives and friends versus the
homes of strangers," she said.
9:47:06 AM
MARSHA PICKERING, Social Services Program Director, Office of
Children's Services, Department of Health and Social Services
(DHSS), said she is the deputy compact administrator. She
explained that the new compact will provide uniformity and
accountability to the processes. The old ICPC does not have any
accountability or enforcement of reciprocity to ensure that each
state is not charged for the services provided by another state.
Most importantly, the new compact will ensure safe and timely
placements so that home studies can be done within 60 days
instead of up to a year. She highlighted that the new ICPC has
been endorsed by the executive committees of the National
Council of State Human Services, the National Association of
Public Child Welfare Administrators, the National Association of
Administrators of ICPC, and the American Academy of Adoption
Attorneys.
MS. PICKERING continued to explain that the executive committee
of the administrators of the ICPC negotiated with the American
Academy of Adoption Attorneys to revise the flawed first draft
of the new compact. As currently written the new ICPC provides
for administrative rulemaking and accountability, supervision
services and accountability as well as the opportunity to
purchase home studies from private agencies in the event that a
state is slow in providing the service. It also provides two
types of placement evaluations, one is the home study and the
second is an assessment. The latter is an abbreviated version so
the child gets to grandma's house in less time. An advisory
committee made up of the executive branch, judiciary branch, and
the legislative branch will provide oversight and advice to her
office and its equivalent in other states.
9:52:24 AM
SENATOR THERRIAULT noted that the fiscal note says that even if
this is placed in statute it won't become effective until 34
other states also adopt the compact.
MS. PICKERING said that's correct. She expects it will take
about two years to get 35 states signed on and another year for
the new ICPC to develop rules and regulations for doing
business.
CHAIR FRENCH observed that you have to have a critical mass of
participants in order to have a true interstate compact.
SENATOR WIELECHOWSKI asked how many children this will impact in
the average year.
MS. PICKERING replied that on any given day she has about 380
open home study or placement requests, but she doesn't have data
on the number of children her office affects during the year.
CHAIR FRENCH asked if one central group is behind this idea.
MS. PICKERING said the American Public Human Services
Association took the lead and put together a drafting and
development team comprised of several stakeholders, attorneys,
judges, and state child-welfare directors. Several different
work-groups provided recommendations.
CHAIR FRENCH asked if this has been circulated within the Alaska
legal community, specifically the family law section of the bar
association.
MS. PICKERING said she isn't sure.
MS. MOSS said she, too, isn't sure, but family law and adoption
lawyers have been involved in amending the original bill.
9:55:28 AM
CHAIR FRENCH asked how much variance each state has when
enacting the compact.
MS. PICKERING replied the state can add statutes to enforce the
way it does business, but each state has to enact the body of
the compact verbatim, otherwise it isn't a compact.
MS. MOSS added that some sections of the bill dealing with court
rules to implement the other provisions are amendable.
SENATOR HUGGINS asked the cost of a home study versus a home
assessment and the value of one compared to the other.
MS. PICKERING estimated that referring a home study request to a
contractor costs between $800 and $1,200. Those take from 4-6
months because the criminal background fingerprint checks take a
long time. Under the new compact, the child can be placed while
awaiting the results of the criminal fingerprint check, if good
state background checks are available.
SENATOR HUGGINS commented that his life experience says that 90
percent on time is better than 100 percent late, and this
appeals to that sentiment and it works. "You have my support,"
he said.
9:57:52 AM
SENATOR McGUIRE asked if this draft was circulated to the court
appointed special advocates for abused children and the family
law bar.
MS. PICKERING explained that the Alaska OCS workgroup had
representatives from the American Academy of Adoption Attorneys
and several other areas at the table. Each member of the
workgroup was urged bring recommendations and concerns from the
group they represented. "So we can hope that it made the rounds,
but I'm not exactly sure," she said.
SENATOR McGUIRE asked if there is a record of the
recommendations and concerns and were they incorporated or not.
MS. MOSS replied she doesn't know how many responded to the
inquiries that OCS made, but she knows that legislative offices
were contacted and that's how she came to attend the meetings.
"I think there was plenty of public notice for participation,
but Marsha would probably have any documents that involve public
comment," she added.
SENATOR McGUIRE asked if the compact makes specific and
substantive changes to Alaska law. For example, some states,
like Alaska, have chosen to have open adoptions and some have
chosen to have closed adoptions. In the past she's looked at a
hybrid because a lot of kids aren't placed because of that
policy.
MS. MOSS deferred to Ms. Rutherdale.
JAN RUTHERDALE, Assistant Attorney General, Civil Division,
Child Protective Section, Department of Law, said the compact
makes no substantive changes to Alaska law.
10:02:11 AM
CHAIR FRENCH pointed out that the bill next has to pass the
finance committee hurtle. He added that he takes some solace in
the fact that the compact has to be authorized by 35 states
before becoming law. Finding no one who wanted to testify on
behalf of HB 50, he closed public testimony.
SENATOR McGUIRE motioned to report CSHB 50 and attached fiscal
note(s) from committee with individual recommendations.
10:03:20 AM
CHAIR FRENCH announced that without objection, CSHB 50(JUD) is
moved from the Senate Judiciary Committee.
HB 400-MITIGATING FACTOR: CARE FOR DRUG OVERDOSE
CHAIR FRENCH announced the consideration of HB 400.
10:04:36 AM
AURORA HAUKE, Staff to Representative Beth Kerttula, sponsor of
HB 400, reported that each year about 85 Alaskans die from drug
overdoses, which is well above the national average. A recent
interview of drug users in New York indicated that over half had
witnessed a drug overdose, and that more than 30 percent of the
witnessed overdoses went without a call for help. The most
commonly cited reason for non-reporting was fear of police
response. HB 400 encourages people to call 911 by creating a
mitigating factor for drug charges when a person is a witness
and is seeking medical assistance for another person who is
experiencing a drug overdose.
MS. HAUKE noted the written testimony from Angela Hall who lost
her daughter to a drug overdose. The adults who participated in
the illegal drug use and witnessed the overdose didn't call 911.
It was only when her children came home that a call for help was
made. It was too late for her, but it's not too late for others,
she said.
10:05:43 AM
CHAIR FRENCH directed attention to page 3, line 19, and said he
assumes that AS 11.71 refers only to drug offenses so the
mitigating factor would only relate to the drug charge. If
someone makes a call for help about a drug overdose that occurs
during or as a result of an assault, murder, rape, or robbery
there would be no mitigation in sentencing on those other
charges.
MS. HAUKE said that's correct.
CHAIR FRENCH asked her to describe how a mitigater works.
MS. HAUKE relayed that AS 12.55.155(a) sets out how a mitigating
factor works and the court determines whether there is a
mitigating factor on two levels. If the low-end of the
presumptive range is 0-4 years, the judge can reduce the
sentence to zero, and if the low-end of the presumptive range is
over 4 years, the judge may decide to reduce the sentence by
half.
CHAIR FRENCH summarized that this bill grants the judge the
opportunity to reduce a sentence to one half the presumptive
sentence.
MS. HAUKE said that's correct, and the judge may decide there's
a mitigating factor and decide not to reduce the sentence as
well.
CHAIR FRENCH added that the judge may decide that the defendant
doesn't get the effect of the mitigater because of other bad
behavior that occurred during the course of the incident.
10:08:16 AM
SENATOR THERRIAULT asked if the mitigater would apply to just
the person who possesses the drug or to the drug pusher as well.
CHAIR FRENCH said his understanding is it would apply to any
drug offense.
MS. HAUKE agreed; the statute governing misconduct involving a
controlled substance makes it difficult to separate possession
and distribution as the severity of the drug increases.
SENATOR McGUIRE added that the severity of the drug is higher so
the sentence that would be mitigated would be higher. She agreed
that the judge has the discretion to look at the totality of the
circumstances and decide not to consider the mitigater. But the
stronger message is that you want people to take the step to
help save a person's life, she said.
CHAIR FRENCH said you can imagine an array of circumstances
where everyone would think that someone did the right thing and
deserves a break. There are also a lot of circumstances where
you'd say tough luck. The authority is appropriately turned over
to the judge to make the decision because he or she has all the
facts and testimony right there. "And we hope we're putting good
judges on the bench and that they all come to good decisions,"
he said.
CHAIR FRENCH found no further testimony and asked for a motion.
10:10:44 AM
SENATOR McGUIRE motioned to report HB 400 and attached fiscal
note(s) from committee with individual recommendations.
CHAIR FRENCH announced that without objection, HB 400 is moved
from the Senate Judiciary Committee.
CSHJR 37(JUD)-CONST AM: SEC. OF STATE REFERENCES
CHAIR FRENCH announced the consideration of CSHJR 37(JUD).
10:11:34 AM
DENEEN TUCK, Staff to Representative Max Gruenberg, sponsor of
HJR 37, explained that in 1970, the voters of Alaska approved
amendments to the state constitution to change the name of
"secretary of state" to "lieutenant governor". At that time, the
drafting attorneys caught all but two of the references to
secretary of state, and HJR 37 corrects those omissions. The
attached $1,500 fiscal note is to cover the first-time
publication of the corrected references.
10:12:36 AM
CHAIR FRENCH recapped that Sections 1 and 2 each replace one
reference to "secretary of state" with "lieutenant governor,"
and Section 3 says the constitutional amendments will be placed
before the voters of the state because the legislature can't
change the constitution without voter approval.
MS. TUCK agreed.
CHAIR FRENCH asked how the word "secretary of state" got into
the state constitution in the first place.
REPRESENTATIVE MAX GRUENBERG, sponsor of HJR 37, explained that
in the past all states used the term "secretary of state" to
identify the second highest office in the state. In the last 30-
40 years all but two states changed the second highest office to
"lieutenant governor." Now some states have a secretary of
state, but that person isn't the second in line after the
governor.
CHAIR FRENCH noted the bill history provided in the packet.
REPRESENTATIVE GRUENBERG credited former Representative Anderson
th
with introducing the legislation in the 24 legislature.
10:15:15 AM
CHAIR FRENCH found no one who wished to testify on behalf of HJR
37, and closed public testimony. Finding no further discussion,
he asked the will of the committee.
SENATOR McGUIRE motioned to report CSHJR 37 and attached fiscal
note(s) from committee with individual recommendations.
CHAIR FRENCH announced that without objection CSHJR 39(JUD) is
moved from the Senate Judiciary Committee.
There being no further business to come before the committee,
Chair French adjourned the meeting at 10:15:50 AM.
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