02/07/2008 09:00 AM Senate STATE AFFAIRS
| Audio | Topic | 
|---|---|
| Start | |
| HB317 | |
| SB223 | |
| SB185 | |
| SB77 | |
| Adjourn | 
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 317 | TELECONFERENCED | |
| += | SB 223 | TELECONFERENCED | |
| *+ | SB 185 | TELECONFERENCED | |
| *+ | SB 77 | TELECONFERENCED | |
| + | TELECONFERENCED | 
                    ALASKA STATE LEGISLATURE                                                                                  
            SENATE STATE AFFAIRS STANDING COMMITTEE                                                                           
                        February 7, 2008                                                                                        
                           9:05 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Lesil McGuire, Chair                                                                                                    
Senator Gary Stevens, Vice Chair                                                                                                
Senator Lyda Green                                                                                                              
Senator Con Bunde                                                                                                               
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Hollis French                                                                                                           
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 317                                                                                                              
"An  Act eliminating  the  limit on  compassionate  gifts that  a                                                               
legislator  or  legislative  employee  may  solicit,  accept,  or                                                               
receive under  the Legislative Ethics  Act; and providing  for an                                                               
effective date."                                                                                                                
     MOVED HB 317 OUT OF COMMITTEE                                                                                              
                                                                                                                                
SENATE BILL NO. 223                                                                                                             
"An Act  providing for  and relating to  the issuance  of general                                                               
obligation  bonds  for  the  purpose  of paying  the  cost  of  a                                                               
scientific  crime  detection  laboratory; and  providing  for  an                                                               
effective date."                                                                                                                
     MOVED SB 223 OUT OF COMMITTEE                                                                                              
                                                                                                                                
SENATE BILL NO. 185                                                                                                             
"An Act relating to sex offenders and child kidnappers."                                                                        
     HEARD AND HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 77                                                                                                              
"An  Act  prohibiting  use  of agency  shop  fees  for  political                                                               
contributions or expenditures."                                                                                                 
     MOVED SB 77 OUT OF COMMITTEE                                                                                               
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 317                                                                                                                  
SHORT TITLE: COMPASSIONATE GIFT EXEMPTION                                                                                       
SPONSOR(S): REPRESENTATIVE(S) COGHILL                                                                                           
                                                                                                                                
01/15/08       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/15/08       (H)       STA, JUD                                                                                               
01/29/08       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
01/29/08       (H)       Moved Out of Committee                                                                                 
01/29/08       (H)       MINUTE(STA)                                                                                            
01/30/08       (H)       STA RPT 4DP                                                                                            
01/30/08       (H)       DP: JOHNSON, COGHILL, DOLL, ROSES                                                                      
01/30/08       (H)       JUD REFERRAL WAIVED                                                                                    
01/31/08       (H)       COSPONSOR(S): ALL MEMBERS UNAN CONSENT                                                                 
01/31/08       (H)       TRANSMITTED TO (S)                                                                                     
01/31/08       (H)       VERSION: HB 317                                                                                        
02/01/08       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/01/08       (S)       STA                                                                                                    
02/01/08       (S)       STA WAIVED PUBLIC HEARING NOTICE, RULE                                                                 
                         23                                                                                                     
02/07/08       (S)       STA AT 9:00 AM BELTZ 211                                                                               
                                                                                                                                
BILL: SB 223                                                                                                                  
SHORT TITLE: G.O. BONDS FOR CRIME LAB                                                                                           
SPONSOR(S): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
01/16/08       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/16/08       (S)       STA, FIN                                                                                               
01/24/08       (S)       STA AT 9:00 AM BELTZ 211                                                                               
01/24/08       (S)       Heard & Held                                                                                           
01/24/08       (S)       MINUTE(STA)                                                                                            
02/07/08       (S)       STA AT 9:00 AM BELTZ 211                                                                               
                                                                                                                                
BILL: SB 185                                                                                                                  
SHORT TITLE: SEX OFFENDER/CHILD KIDNAPPER REGISTRATION                                                                          
SPONSOR(S): SENATOR(S) WIELECHOWSKI                                                                                             
                                                                                                                                
01/16/08       (S)       PREFILE RELEASED 1/4/08                                                                                
01/16/08       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/16/08       (S)       STA, JUD, FIN                                                                                          
02/07/08       (S)       STA AT 9:00 AM BELTZ 211                                                                               
                                                                                                                                
BILL: SB  77                                                                                                                  
SHORT TITLE: USING UNION DUES FOR POLITICAL PURPOSES                                                                            
SPONSOR(S): SENATOR(S) BUNDE                                                                                                    
                                                                                                                                
02/09/07       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/09/07       (S)       STA                                                                                                    
02/12/07       (S)       L&C REFERRAL ADDED AFTER STA                                                                           
02/07/08       (S)       STA AT 9:00 AM BELTZ 211                                                                               
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE JOHN COGHILL                                                                                                     
Alaska State Legislature                                                                                                        
Juneau AK                                                                                                                       
POSITION STATEMENT: Presented HB 317.                                                                                         
                                                                                                                                
JOHN GLASS, Deputy Commissioner                                                                                                 
Department of Public Safety                                                                                                     
Anchorage, AK                                                                                                                   
POSITION STATEMENT: Answered a question about SB 223.                                                                         
                                                                                                                                
DEVON MITCHELL, Debt Manager                                                                                                    
Department of Revenue (DOR)                                                                                                     
Juneau, AK                                                                                                                      
POSITION STATEMENT: Answered finance questions about SB 223.                                                                  
                                                                                                                                
SENATOR BILL WIELECHOWSKI                                                                                                       
Alaska State Legislature                                                                                                        
Juneau AK                                                                                                                       
POSITION STATEMENT: Presented SB 185.                                                                                         
                                                                                                                                
KATHY MONFREDA, Chief                                                                                                           
Criminal Records and Identification Bureau                                                                                      
Department of Public Safety                                                                                                     
Anchorage AK                                                                                                                    
POSITION STATEMENT: Spoke in support of SB 185.                                                                               
                                                                                                                                
DAVID SCHADE, Director                                                                                                          
Division of Statewide Services                                                                                                  
Department of Public Safety                                                                                                     
Anchorage AK                                                                                                                    
POSITION STATEMENT: Spoke in support of SB 185.                                                                               
                                                                                                                                
RON TIDLER, Sergeant                                                                                                            
Anchorage Police Department                                                                                                     
Anchorage AK                                                                                                                    
POSITION STATEMENT: Spoke in support of SB 185.                                                                               
                                                                                                                                
ANNE CARPENETI, Assistant Attorney General                                                                                      
Criminal Division                                                                                                               
Alaska Department of Law                                                                                                        
POSITION STATEMENT: Answered questions regarding SB 185.                                                                      
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  LESIL MCGUIRE  called the  Senate  State Affairs  Standing                                                             
Committee  meeting  to  order  at  9:05:14  AM.  Senators  Bunde,                                                             
McGuire, Green, and Stevens were present at the call to order.                                                                  
                                                                                                                                
              HB 317-COMPASSIONATE GIFT EXEMPTION                                                                           
                                                                                                                                
CHAIR MCGUIRE announced the consideration of HB 317.                                                                            
                                                                                                                                
REPRESENTATIVE COGHILL said  HB 317 takes the $250  limit off the                                                               
annual giving  for compassionate  reasons. A  House member  has a                                                               
need that spurred this legislation.  A person can't sell a kidney                                                               
but  one can  be donated.  However, there  are associated  costs,                                                               
including airfare  and medical  procedures. This  amendment "came                                                               
on the  floor to actually  conform to the $250  aggregate limit."                                                               
There  are  safeguards, he  explained.  Every  gift needs  to  be                                                               
reported, and  there is still  some oversight by  the legislative                                                               
counsel. Extraordinary  or wrong gifts  will not be  allowed, but                                                               
the bill allows gifts to legislators who have need.                                                                             
                                                                                                                                
9:07:45 AM                                                                                                                    
CHAIR MCGUIRE asked if "compassionate gift" is defined in law.                                                                  
                                                                                                                                
REPRESENTATIVE COGHILL said he wasn't sure.                                                                                     
                                                                                                                                
CHAIR MCGUIRE said  Section 26 of the Ethics Act  allows gifts to                                                               
a  legislator  or legislative  employee  to  aid or  comfort  the                                                               
recipient or a  family member because of  a catastrophe, tragedy,                                                               
or health related emergency. That  should capture it. She assumes                                                               
that the dollar  level was left out of the  bill because the sale                                                               
of organs is not allowed.                                                                                                       
                                                                                                                                
REPRESENTATIVE  COGHILL said  under  any  catastrophe, the  state                                                               
wants to allow  some latitude. The safeguards in  place keep this                                                               
"well within accountability measures."                                                                                          
                                                                                                                                
CHAIR MCGUIRE said  this is a reminder of how  difficult it is to                                                               
find organ and  tissue donors in Alaska. Sadness  and tragedy can                                                               
bring  about awareness.  She has  been told  many stories  in the                                                               
last few weeks of how difficult it is to find a match.                                                                          
                                                                                                                                
REPRESENTATIVE  COGHILL said  he  became an  organ  donor due  to                                                               
Chair McGuire's influence a few years ago.                                                                                      
                                                                                                                                
9:10:45 AM                                                                                                                    
SENATOR  GREEN  moved  HB  317  from  committee  with  individual                                                               
recommendations  and  attached  fiscal note(s).  There  being  no                                                               
objection, the motion carried.                                                                                                  
                                                                                                                                
                SB 223-G.O. BONDS FOR CRIME LAB                                                                             
                                                                                                                                
CHAIR  MCGUIRE announced  the consideration  of SB  223, and  she                                                               
said  Senator   Bunde  offered  an  amendment   during  the  last                                                               
discussion mandating the use of general fund dollars.                                                                           
                                                                                                                                
SENATOR BUNDE said  it is not legal to attach  a required deposit                                                               
to issuance of the bonds, so he will not offer the amendment.                                                                   
                                                                                                                                
9:12:25 AM                                                                                                                    
CHAIR MCGUIRE  said she had  considered a similar idea  and asked                                                               
that some  general fund  money come back  into the  discussion in                                                               
the finance  committee. The issue  surrounds timing, and  even if                                                               
the general  obligation bond  passes, there will  be a  period of                                                               
administrative work,  so perhaps  some general fund  dollars will                                                               
help move the project forward.                                                                                                  
                                                                                                                                
JOHN  GLASS, Deputy  Commissioner, Department  of Public  Safety,                                                               
said the $4.8  million allocated in 2006 for the  design and site                                                               
selection will run out by August if more money isn't provided.                                                                  
                                                                                                                                
9:13:38 AM                                                                                                                    
SENATOR GREEN suggested giving the  finance committee the ability                                                               
to rewrite the bill.                                                                                                            
                                                                                                                                
SENATOR BUNDE  asked if the crime  lab will be funded  by 30-year                                                               
tax-exempt bonds with  4 percent interest. It can  be financed by                                                               
putting money in long-term savings  that earn 8 percent. How much                                                               
money would  have to be  put into  long-term savings and  for how                                                               
long so that it would pay for the bonds?                                                                                        
                                                                                                                                
DEVON  MITCHELL, Debt  Manager,  Department of  Revenue, said  it                                                               
depends on  the assumptions about returns.  Generally the state's                                                               
portfolios for long-term horizons,  including the retirement fund                                                               
and  permanent fund,  are expected  to  be about  8 percent.  The                                                               
borrowing  market is  very  favorable. Treasuries  of  20 and  30                                                               
years have  been lower only  once, so  4 percent is  a reasonable                                                               
expectation. He said the state  would have to set aside something                                                               
less  than what  it would  borrow because  of the  expectation of                                                               
higher returns.  The borrowed money  will amortize so  there will                                                               
be  serial maturities  throughout the  20-year life  of the  bond                                                               
issue so  the outstanding  principle will  diminish. "If  you set                                                               
money aside, you  could spin out a portion of  the principle each                                                               
year as well,  and so you might start off  with a requirement for                                                               
$95 million,  and then that  would gradually  go down to  zero at                                                               
the same  time the bond  has matured."  He can put  a spreadsheet                                                               
together, but it is not simple, he said.                                                                                        
                                                                                                                                
9:17:18 AM                                                                                                                    
SENATOR BUNDE  said he might  not need more information,  but the                                                               
state  would have  to  set  aside $95  million  and  it could  be                                                               
reduced over the 20-year period.                                                                                                
                                                                                                                                
MR. MITCHELL  said yes,  or a  lower static  amount could  be set                                                               
aside for the entire time frame, and it can become cost neutral.                                                                
                                                                                                                                
CHAIR MCGUIRE  said voters may  be asking about bonding  when the                                                               
state has a surplus.                                                                                                            
                                                                                                                                
9:18:20 AM                                                                                                                    
SENATOR BUNDE said he will vote  against this bill even though he                                                               
is supportive of a new crime lab.  There is another way to get it                                                               
and that  is with cash.  If bonds are  used it will  cost another                                                               
$10 million in the time value  of money. He has heard from people                                                               
in his  district and not  a single one has  said they want  to go                                                               
into debt when  there is cash on  the table. This is  not the way                                                               
to  get the  crime lab.  Another bill  will be  another year  and                                                               
another $10 million  if the bond doesn't pass. If  SB 223 doesn't                                                               
pass, the  administration might  just pay for  it. He  has little                                                               
confidence that the  legislature will put aside  money in savings                                                               
to achieve  the arbitrage. In  a few years  the state will  be in                                                               
deficit. The  people trying to  balance the budget will  look for                                                               
ways to do that and take the money that was supposedly saved.                                                                   
                                                                                                                                
9:21:01 AM                                                                                                                    
CHAIR MCGUIRE  said she  agrees with much  of what  Senator Bunde                                                               
said,  and  she encourages  the  administration  to consider  the                                                               
general  funds. There  are times  when it  makes sense  to borrow                                                               
money, but one needs to have  the discipline to pay it off. There                                                               
is over $350 million in outstanding  G.O. debt now, and since the                                                               
state has a  surplus, it just shows how human  nature is. We want                                                               
what we want.  She will support the bill because  she believes in                                                               
the crime lab. It is critical for  the state to house the DNA and                                                               
other evidence of  very serious crimes. The current  crime lab is                                                               
a disaster waiting to happen, she opined.                                                                                       
                                                                                                                                
9:22:28 AM                                                                                                                    
SENATOR  STEVENS  moved SB  223  from  committee with  individual                                                               
recommendations and attached fiscal note(s).                                                                                    
                                                                                                                                
SENATOR BUNDE objected.                                                                                                         
                                                                                                                                
A  roll  call  vote  was called.  Senators  McGuire,  Green,  and                                                               
Stevens voted yes, and Senator  Bunde voted no. Therefore, SB 223                                                               
passed out of committee.                                                                                                        
                                                                                                                                
        SB 185-SEX OFFENDER/CHILD KIDNAPPER REGISTRATION                                                                    
                                                                                                                                
CHAIR MCGUIRE announced the consideration of SB 185.                                                                            
                                                                                                                                
9:23:11 AM                                                                                                                    
SENATOR BILL WIELECHOWSKI, Alaska  State Legislature, said SB 185                                                               
requires  sex offenders  to register  their  email addresses  and                                                               
other internet identifiers. It will  keep Alaska at the forefront                                                               
of  the  battle against  sexual  predators  by updating  the  sex                                                               
offender registry list.  Alaska has one of the  highest usages of                                                               
the internet  in the country,  but it is  a way for  predators to                                                               
enter our  homes in search of  children who may think  nothing of                                                               
spending hours chatting  with strangers. A child  may be chatting                                                               
with a  sexual predator, and there  is currently no way  to know.                                                               
This  would give  law enforcement  a tool  to keep  track of  the                                                               
activities  of  convicted  sexual  predators, and  to  catch  and                                                               
punish them when they break the  law. This will put Alaska at the                                                               
forefront of  the battle against  sexual predators.  Three states                                                               
are  already doing  it, and  17  states are  considering it.  The                                                               
Surviving Parents Coalition, Alaska  Department of Public Safety,                                                               
Anchorage  Police  Department,  Alaska  Internet  Crimes  against                                                               
Children  Taskforce, and  Alaska Peace  Officers Association  all                                                               
support SB 185.                                                                                                                 
                                                                                                                                
SENATOR WIELECHOWSKI said he intended  to make the email register                                                               
public, and now he has  concerns. The Department of Public Safety                                                               
has requested it not be public.                                                                                                 
                                                                                                                                
9:26:15 AM                                                                                                                    
CHAIR MCGUIRE  said she appreciates the  bill and she has  a bill                                                               
that  might merge  with SB  185. It  is a  great idea.  She asked                                                               
about the problem of people owning multiple email addresses.                                                                    
                                                                                                                                
SENATOR  WIELECHOWSKI  said  there   have  been  questions  about                                                               
combating this  when someone can  have 15 email addresses.  But a                                                               
person will have to register  all addresses. It is difficult, but                                                               
there are  some complex investigatory  tactics to  catch internet                                                               
predators. This will assist in catching them.                                                                                   
                                                                                                                                
SENATOR BUNDE  said this is  a goal of  any parent, but  he asked                                                               
how it will work.                                                                                                               
                                                                                                                                
9:28:25 AM                                                                                                                    
SENATOR WIELECHOWSKI said  there different ways to do  it. If the                                                               
information is made  public, any parent can do a  search if he or                                                               
she has  suspicion. If it is  not made public, a  parent can call                                                               
and  ask if  a  particular email  address is  owned  by a  sexual                                                               
predator. Currently a person can  see where every sexual predator                                                               
lives in the  state. The way the bill is  written, the name would                                                               
not now pop up; a person would have to call the DPS and ask.                                                                    
                                                                                                                                
9:29:51 AM                                                                                                                    
SENATOR BUNDE said  it will still be public because  a person can                                                               
call and ask about a specific email.                                                                                            
                                                                                                                                
SENATOR WIELECHOWSKI said yes.                                                                                                  
                                                                                                                                
CHAIR MCGUIRE said  an amendment will be  offered that represents                                                               
"that tension  between wanting parents  to have  that information                                                               
to  know -  to be  able  to call  --  but having  it public,  the                                                               
concern  is that  other sex  predators will  then have  access to                                                               
other  sex  predators'  email  addresses.  And  there's  a  whole                                                               
subcultural thing about that."                                                                                                  
                                                                                                                                
SENATOR BUNDE said, "We don't need internet bathhouses."                                                                        
                                                                                                                                
CHAIR MCGUIRE said, "Exactly." The  middle ground may be that the                                                               
list is confidential, but a parent can call and find out.                                                                       
                                                                                                                                
9:31:02 AM                                                                                                                    
SENATOR STEVENS  asked if the sponsor  is saying this could  be a                                                               
tool  for internet  providers and  internet  security firms  that                                                               
could block such emails from children.                                                                                          
                                                                                                                                
SENATOR WIELECHOWSKI  said groups  like Facebook and  MySpace are                                                               
now  setting parameters,  and the  goal  is that  those types  of                                                               
sites can coordinate with DPS.                                                                                                  
                                                                                                                                
SENATOR STEVENS  said it  sounds like  a person  will be  able to                                                               
actually block information coming into a home computer.                                                                         
                                                                                                                                
9:32:28 AM                                                                                                                    
SENATOR BUNDE noted that hard  drives keep information so that if                                                               
a  predator was  investigated  and erased  information, he  would                                                               
still have addresses in his computer.                                                                                           
                                                                                                                                
SENATOR  WIELECHOWSKI  said  the information  found  on  people's                                                               
computers is pretty amazing. That technology is available.                                                                      
                                                                                                                                
KATHY  MONFREDA,  Chief,   Criminal  Records  and  Identification                                                               
Bureau, Department of  Public Safety (DPS), said  she manages the                                                               
sex  offender  registry. DPS  is  supportive,  but the  issue  of                                                               
making the  list public is  not crystal  clear - "that's  our one                                                               
concern." The electronic addresses should  not be public but they                                                               
should be  available to law  enforcement. The federal  Adam Walsh                                                               
Act [2006]  and the "Sex Offender  Registration Notification Act"                                                               
addresses a lot  of these issues. The federal  government has set                                                               
up the  "SMART Office", which stands  for Sentencing, Monitoring,                                                               
Apprehending, Registering  and Tracking  sex offenders.  The Adam                                                               
Walsh  Act requires  the state  to collect  electronic addresses.                                                               
The proposed  guidelines will be  finalized soon,  and electronic                                                               
addresses  will not  be on  a public  website. Software  is being                                                               
developed for the  states so that the public can  enter any email                                                               
address and  it will query  the database for the  entire country.                                                               
There  is  no  guarantee  that  a  particular  address  isn't  an                                                               
offender just because it isn't on the list.                                                                                     
                                                                                                                                
9:35:53 AM                                                                                                                    
SENATOR STEVENS asked why it should not be made public.                                                                         
                                                                                                                                
MS. MONFREDA said she has two  concerns. A public list will allow                                                               
predators to  communicate with each  other, and it  could promote                                                               
vigilantism. If  the predators  communicate, they  could transmit                                                               
illegal  information  back and  forth.  The  government would  be                                                               
giving a means to these offenders to communicate.                                                                               
                                                                                                                                
SENATOR  GREEN asked,  "Haven't  we already  passed  that by  the                                                               
release of  information that's  available about  their residence,                                                               
their description, their vehicle?"                                                                                              
                                                                                                                                
MS.  MONFREDA  said  current  law  covers  addresses,  not  email                                                               
addresses. She wants that clarified.                                                                                            
                                                                                                                                
SENATOR GREEN asked if it is already public.                                                                                    
                                                                                                                                
MS. MONFREDA repeated her answer.                                                                                               
                                                                                                                                
SENATOR GREEN said she doesn't  "see the difference in an address                                                               
and the  other things available."  She has never looked  into it,                                                               
but  people have  told her  that a  sex offender  lives down  the                                                               
street, "and I recognize the  picture. To me we've already opened                                                               
that door and  gone in. I don't know how  we turned back, because                                                               
there's  certainly  ample opportunity  for  contact  to be  made,                                                               
currently,  if   we're  furnishing  an  address.   Is  there  not                                                               
currently a picture?"                                                                                                           
                                                                                                                                
MS. MONFREDA said, "Yes, of course."                                                                                            
                                                                                                                                
9:38:50 AM                                                                                                                    
CHAIR MCGUIRE said  the identity of the sex  offenders is already                                                               
made known  through the registry, so  it is not a  matter of that                                                               
being made  public "and  how they might  feel." But  by providing                                                               
their  email  addresses,  "are  we  actually  assisting  them  in                                                               
reaching out  to other offenders?" She  questioned the likelihood                                                               
of  an  offender getting  the  physical  address of  another  and                                                               
visiting each other to share  child pornography. It is far easier                                                               
to get  on the internet  to invite a person  into a chat  room to                                                               
share that information.                                                                                                         
                                                                                                                                
SENATOR  GREEN  asked,  "That's  a   bad  thing?"  She  said  she                                                               
shouldn't  have said  that, but  there is  ample opportunity  for                                                               
people "who are so inclined" to  be in touch with each other. She                                                               
is not  sold on this.  "I was shocked  when we first  allowed all                                                               
the information  to go out and  be public." She was  surprised at                                                               
how much was available. "That's  another penalty onto, perhaps, a                                                               
served penalty."  Regardless of how  distasteful it is,  "I don't                                                               
see why we would suddenly restrict the information."                                                                            
                                                                                                                                
MS. MONFREDA  said the concern  is the convenience of  being able                                                               
to communicate instantly electronically.                                                                                        
                                                                                                                                
DAVID  SCHADE, Director,  Division  of  Statewide Services,  DPS,                                                               
said Ms. Monfreda has communicated everything.                                                                                  
                                                                                                                                
9:41:36 AM                                                                                                                    
RON  TIDLER,  Sergeant,  Anchorage Police  Department,  said  the                                                               
Alaska  ICAC  [Internet  Crimes   Against  Children]  Task  Force                                                               
supports SB 185 with the same concerns as Ms. Monfreda.                                                                         
                                                                                                                                
CHAIR MCGUIRE  asked him to  address Senator Green's  question of                                                               
why  excluding  sex  offender email  addresses  is  important  to                                                               
public safety.                                                                                                                  
                                                                                                                                
MR.  TIDLER  said,  as  stated  before,  the  ability  for  these                                                               
offenders to  get together in their  own private chat rooms  is a                                                               
concern. There  is also the  concern of the public  having access                                                               
to this  list of  sex offenders  and sending  anonymous harassing                                                               
emails.  For  law  enforcement,  having the  list  of  the  email                                                               
addresses of sex offenders will assist in investigations.                                                                       
                                                                                                                                
SENATOR GREEN asked the success  rate of registration, and if the                                                               
information  is kept  up  to  date. Under  current  law, are  the                                                               
offender  registrations 100  percent  effective or  what? Do  you                                                               
always find people who have not registered?                                                                                     
                                                                                                                                
9:44:27 AM                                                                                                                    
MS. MONFREDA  said about 90  percent of offenders  are considered                                                               
compliant.  Noncompliant   offender  lists   are  given   to  law                                                               
enforcement to try to track them down.                                                                                          
                                                                                                                                
SENATOR GREEN asked if any sex offender must register.                                                                          
                                                                                                                                
MS. MONFREDA said the law requiring registration is specific.                                                                   
                                                                                                                                
SENATOR  GREEN  asked how  the  state  follows  up on  those  not                                                               
registered.                                                                                                                     
                                                                                                                                
MS. MONFREDA said a website  posts the compliant and noncompliant                                                               
offenders.  Law  enforcement  seeks  out  noncompliant  offenders                                                               
using their last known address.                                                                                                 
                                                                                                                                
SENATOR GREEN  asked, "Regardless  of whether they  have actually                                                               
filled out the paperwork and  registered, you place their name on                                                               
the offender list?"                                                                                                             
                                                                                                                                
9:46:16 AM                                                                                                                    
MS. MONFREDA  said noncompliant convicted  sex offenders  will be                                                               
shown on the website as such.                                                                                                   
                                                                                                                                
SENATOR STEVENS  noted the two  reasons for not making  the email                                                               
address list public:  it will give predators a chat  room, and it                                                               
may encourage vigilantism. One officer  said these people may get                                                               
harassing emails. He said he gets  a lot of harassing emails of a                                                               
political  nature.  "So  what?  So  what  if  a  parent  sends  a                                                               
harassing email to a known predator?"                                                                                           
                                                                                                                                
9:47:24 AM                                                                                                                    
MS. MONFREDA  said it will  impact law enforcement  agencies when                                                               
sex offenders file complaints for harassment.                                                                                   
                                                                                                                                
SENATOR  STEVENS said  he is  not sure  that harassing  emails is                                                               
that bad.                                                                                                                       
                                                                                                                                
MS. MONFREDA said it is illegal.                                                                                                
                                                                                                                                
9:48:08 AM                                                                                                                    
CHAIR MCGUIRE said  there are two amendments, and  Amendment 1 is                                                               
the matter  of the list being  public or not. The  DPS feels that                                                               
publishing the list would assist sexual predators in networking.                                                                
                                                                                                                                
The committee took an at-ease from 9:49:16 AM until 9:49:58 AM.                                                             
                                                                                                                                
CHAIR MCGUIRE said  the bill, if amended, will  still require the                                                               
DPS to  collect email  addresses, but  they will  be confidential                                                               
and not on a  website. Parents can call and find  out if an email                                                               
is on the list, but it won't be open to other sex offenders.                                                                    
                                                                                                                                
SENATOR BUNDE  said he is  inclined to support the  amendment. If                                                               
the state provides an opportunity  for illegal harassment, "I can                                                               
see clever attorneys suing the state on behalf of these people."                                                                
                                                                                                                                
SENATOR GREEN asked if such lawsuits would be against the state.                                                                
                                                                                                                                
SENATOR BUNDE said yes -- if the state provided the lists.                                                                      
                                                                                                                                
SENATOR  GREEN  said  she  questions that.  "I  don't  think  the                                                               
state's the party to this." The harasser would be sued.                                                                         
                                                                                                                                
9:52:06 AM                                                                                                                    
CHAIR  MCGUIRE  said she  dealt  with  a  case  of a  polar  bear                                                               
mauling, and just because it was on state land...                                                                               
                                                                                                                                
SENATOR  WIELECHOWSKI said  his initial  intent was  to make  the                                                               
list public,  and he never thought  about it being a  way for sex                                                               
offenders to  share child pornography.  People in DPS  and across                                                               
the nation recommend  against a public list. He said  he is open.                                                               
Line 8  refers to a residence  address, and that is  requested by                                                               
the  department so  that work  email  addresses aren't  included.                                                               
That is probably good -- so people don't harass employers.                                                                      
                                                                                                                                
SENATOR  WIELECHOWSKI  said  people  have work  emails,  and  "my                                                               
understanding  is  that that  change  …  will  limit it  to  just                                                               
people's residence addresses."                                                                                                  
                                                                                                                                
SENATOR GREEN  asked if it  refers to  their email access  at the                                                               
place of work.                                                                                                                  
                                                                                                                                
SENATOR   WIELECHOWSKI  said   right   now   the  bill   requires                                                               
registering  an address,  "so  just to  clear  up any  confusion,                                                               
because fast  food restaurants  -- things like  that --  they may                                                               
employee sex  offenders. And I don't  think when you go  on a sex                                                               
offender  list  anyone  wants  their   small  business  or  large                                                               
business showing up  on the sex offender list."  He doesn't think                                                               
people want work emails to show up, and that is appropriate.                                                                    
                                                                                                                                
9:54:43 AM                                                                                                                    
SENATOR GREEN  asked, "Isn't  the activity  we're trying  to stop                                                               
already illegal?"                                                                                                               
                                                                                                                                
SENATOR WIELECHOWSKI said it is not.                                                                                            
                                                                                                                                
SENATOR GREEN asked about pornographic material.                                                                                
                                                                                                                                
SENATOR  WIELECHOWSKI said  child  pornography  is illegal.  This                                                               
bill  will  require  sexual predators  to  register  their  email                                                               
addresses. An  offender could  be having a  chat with  a 14-year-                                                               
old, posing as  a 14-year-old himself, and that is  legal as long                                                               
as there is no enticement.                                                                                                      
                                                                                                                                
CHAIR MCGUIRE  said it  is just  one other  layer. There  will be                                                               
offenders using  an email address without  registering. There are                                                               
people  registering to  addresses that  aren't theirs.  There are                                                               
all kinds of  things that can happen, but the  bill addresses one                                                               
more layer to get information about an individual.                                                                              
                                                                                                                                
SENATOR BUNDE  said to  remember that  enticement of  children is                                                               
not a one-time  incident. There is a long  courting process. When                                                               
someone is emailing with a child,  he may not be explicit at that                                                               
point, but it could be a process.                                                                                               
                                                                                                                                
9:56:43 AM                                                                                                                    
SENATOR GREEN asked  if this makes it illegal for  a sex offender                                                               
to communicate with an unknown person.                                                                                          
                                                                                                                                
SENATOR WIELECHOWSKI said  it does not, it only  requires them to                                                               
register their email address.                                                                                                   
                                                                                                                                
SENATOR  GREEN noted  that it  would take  an intervener,  like a                                                               
parent, to call the troopers.                                                                                                   
                                                                                                                                
SENATOR WIELECHOWSKI said yes.                                                                                                  
                                                                                                                                
SENATOR GREEN asked how often will that really happen.                                                                          
                                                                                                                                
SENATOR  WIELECHOWSKI said  many parents  take active  rolls, and                                                               
should, in their children's email communications.                                                                               
                                                                                                                                
9:57:36 AM                                                                                                                    
CHAIR MCGUIRE said it will play  out the way it does now. Mothers                                                               
will notice  sex offenders and  share the information  with other                                                               
mothers, and they  will ask who their child is  talking to. It is                                                               
no different  than being  cleared to  play with  someone. Calling                                                               
DPS will be another tool for a parent, she explained.                                                                           
                                                                                                                                
SENATOR  STEVENS  said  he  likes the  second  paragraph  of  the                                                               
sponsor  statement. "I  think what  [that paragraph]  says is  if                                                               
this becomes a  tool, there will be internet  security firms that                                                               
can  either block  children  from getting  these  messages or  it                                                               
could warn parents that their  children are getting messages from                                                               
someone they  shouldn't be  getting it from."  By taking  out the                                                               
public aspect, will that advantage be voided?                                                                                   
                                                                                                                                
9:59:03 AM                                                                                                                    
SENATOR  WIELECHOWSKI said  that is  a good  question. This  is a                                                               
first step. But the information won't  be private; it is just not                                                               
on an open website. The DPS  could still have an arrangement with                                                               
MySpace or Facebook to provide such information.                                                                                
                                                                                                                                
SENATOR  STEVENS  sees a  disadvantage  in  not making  the  list                                                               
public.                                                                                                                         
                                                                                                                                
SENATOR  BUNDE noted  that  if this  amendment  passes, a  parent                                                               
could contact the DPS about an email address.                                                                                   
                                                                                                                                
SENATOR WIELECHOWSKI  said it is  not his amendment.  His concern                                                               
is the  language that  says the  information is  confidential and                                                               
not  subject  to public  disclosure.  He  has  some of  the  same                                                               
questions. Maybe an attorney can  clarify it. He asked if parents                                                               
can  still  get  that  information and  share  it  with  internet                                                               
providers and security firms.                                                                                                   
                                                                                                                                
SENATOR  BUNDE  said a  responsible  company  should be  able  to                                                               
prevent those registered emails from its service.                                                                               
                                                                                                                                
10:01:58 AM                                                                                                                   
ANNE  CARPENETI, Assistant  Attorney General,  Criminal Division,                                                               
Alaska Department  of Law, said  the bill requires  sex offenders                                                               
to  register  email  addresses   and  other  internet  identifier                                                               
information, and  it makes  it illegal to  fail to  register. Law                                                               
enforcement  doesn't want  to create  an internet  chat room  for                                                               
exchanging child pornography, because  the information is so easy                                                               
to get. The intent  of the amendment is to not  do that, but keep                                                               
it available to  law enforcement. So "confidential"  might not be                                                               
the right  word, because the  information should be  available to                                                               
parents.  A  sex offender  residential  address  list benefits  a                                                               
neighborhood, but the internet is nationwide.                                                                                   
                                                                                                                                
10:04:24 AM                                                                                                                   
SENATOR GREEN  asked if  there is somewhere  else in  the statute                                                               
that provides for  the descriptions or the  qualifications of the                                                               
person who's  requesting the information.  It doesn't  say parent                                                               
or law abiding citizens. "This too could be the other predator."                                                                
                                                                                                                                
MS. CARPENETI said  she thinks there are regulations  in terms of                                                               
people asking for information.                                                                                                  
                                                                                                                                
CHAIR MCGUIRE said she  will set aside SB 185 to  make sure it is                                                               
crafted as well as it could be.                                                                                                 
                                                                                                                                
MS. MONFREDA  said she  agrees that  the word  "confidential" may                                                               
create  a problem,  but  the  SMART office  intends  to create  a                                                               
national address database for parents and internet companies.                                                                   
                                                                                                                                
CHAIR MCGUIRE asked her to look  at Amendment 1 before Tuesday to                                                               
make sure the bill accomplishes its goal.                                                                                       
                                                                                                                                
CHAIR MCGUIRE withdrew Amendment 1 and set SB 185 aside.                                                                        
                                                                                                                                
         SB  77-USING UNION DUES FOR POLITICAL PURPOSES                                                                       
                                                                                                                              
10:06:48 AM                                                                                                                   
CHAIR MCGUIRE announced the consideration of SB 77.                                                                             
                                                                                                                                
SENATOR BUNDE said  SB 77 is a simple bill  that provides freedom                                                               
and opportunity. It  forbids the unauthorized use  of agency fees                                                               
for  political  purposes. It  is  not  a  small  issue; it  is  a                                                               
freedom-of-choice issue. In the last  ten years, unions in Alaska                                                               
have contributed  over $4 million  to political  campaigns, which                                                               
they have  the right to do.  He described what an  agency fee is:                                                               
When he worked at the university,  there was a union that charged                                                               
an agency fee of $400 or $500 per  year, and if he wanted to be a                                                               
member of  the union,  the dues  were an  additional $10,  so the                                                               
vast bulk of money was the  agency fee. Currently, if a member of                                                               
a union is  unhappy with the political activities  of that union,                                                               
there is  a laborious process to  get back the agency  portion of                                                               
their fee. This bill allows a union member to opt in or opt out.                                                                
                                                                                                                                
10:09:42 AM                                                                                                                   
SENATOR BUNDE  said such things  slip by in people's  busy lives,                                                               
so it would  be fairer to give people a  more conscious choice by                                                               
requiring them to  opt in, rather than having them  opt out after                                                               
the  fact. We  should not  attempt to  limit political  speech of                                                               
unions,  but the  bill provides  more  choice for  those who  pay                                                               
agency fees to be part of a political activity.                                                                                 
                                                                                                                                
10:10:55 AM                                                                                                                   
SENATOR STEVENS  said he agrees  with Senator Bunde. He  has seen                                                               
his agency  fees used in  opposition to  him. The unions  tend to                                                               
support leftwing  candidates, so  a conservative  person probably                                                               
doesn't  think  it is  right  to  use  money for  a  left-leaning                                                               
candidate. It makes sense for people to opt in or out.                                                                          
                                                                                                                                
SENATOR  BUNDE  moved  SB  77   from  committee  with  individual                                                               
recommendations  and  attached  fiscal note(s).  There  being  no                                                               
objection, the motion carried.                                                                                                  
                                                                                                                                
There being  no further  business to  come before  the committee,                                                               
Chair McGuire adjourned the meeting at 10:12:33 AM.                                                                           
                                                                                                                                
| Document Name | Date/Time | Subjects | 
|---|