Legislature(2003 - 2004)

03/05/2004 08:05 AM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         March 5, 2004                                                                                          
                           8:05 a.m.                                                                                            
                                                                                                                                
TAPE(S) 04-15,16                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Ralph Seekins, Chair                                                                                                    
Senator Scott Ogan, Vice Chair                                                                                                  
Senator Gene Therriault                                                                                                         
Senator Hollis French                                                                                                           
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Johnny Ellis                                                                                                            
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CHANGES TO ALASKA PUBLIC OFFICES COMMISSION (APOC) REGULATIONS                                                                  
                                                                                                                                
SENATE BILL NO. 336                                                                                                             
"An  Act imposing  a correctional  facility surcharge  on persons                                                               
convicted  of a  crime  under  state law,  and  on persons  whose                                                               
probation  is   revoked;  relating  to  fees   and  expenses  for                                                               
interstate transfer of probation or  parole; and providing for an                                                               
effective date."                                                                                                                
     MOVED CSSB 336(JUD) OUT OF COMMITTEE                                                                                       
                                                                                                                                
CS FOR HOUSE BILL NO. 83(JUD)                                                                                                   
"An Act  adopting a  version of  the Revised  Uniform Arbitration                                                               
Act; relating  to the state's  existing Uniform  Arbitration Act;                                                               
amending  Rules 3,  18, 19,  20, and  21, Alaska  Rules of  Civil                                                               
Procedure,  Rule 601,  Alaska Rules  of Evidence,  and Rule  402,                                                               
Alaska  Rules  of  Appellate  Procedure;  and  providing  for  an                                                               
effective date."                                                                                                                
     SCHEDULED BUT NOT HEARD                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 336                                                                                                                  
SHORT TITLE: CORRECTIONS: FEES/SURCHARGE                                                                                        
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
02/16/04       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/16/04       (S)       JUD, FIN                                                                                               
03/05/04       (S)       JUD AT 8:00 AM BUTROVICH 205                                                                           
                                                                                                                                
BILL: HB 83                                                                                                                   
SHORT TITLE: REVISED UNIFORM ARBITRATION ACT                                                                                    
SPONSOR(s): REPRESENTATIVE(s) BERKOWITZ                                                                                         
                                                                                                                                
02/07/03       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/07/03       (H)       JUD                                                                                                    
03/07/03       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/07/03       (H)       -- Meeting Postponed to 03/10/03 --                                                                    
03/10/03       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/10/03       (H)       Heard & Held                                                                                           
03/10/03       (H)       MINUTE(JUD)                                                                                            
03/12/03       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/12/03       (H)       Moved CSHB 83(JUD) Out of Committee                                                                    
03/12/03       (H)       MINUTE(JUD)                                                                                            
03/31/03       (H)       JUD RPT CS(JUD) 4DP 2NR                                                                                
03/31/03       (H)       DP: GARA, ANDERSON, GRUENBERG, MCGUIRE;                                                                
03/31/03       (H)       NR: SAMUELS, COGHILL                                                                                   
04/16/03       (H)       TRANSMITTED TO (S)                                                                                     
04/16/03       (H)       VERSION: CSHB 83(JUD)                                                                                  
04/17/03       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/17/03       (S)       L&C, JUD                                                                                               
05/13/03       (S)       L&C AT 2:00 PM BELTZ 211                                                                               
05/13/03       (S)       Heard & Held                                                                                           
05/13/03       (S)       MINUTE(L&C)                                                                                            
05/15/03       (S)       L&C AT 7:45 AM BUTROVICH 205                                                                           
05/15/03       (S)       Moved Out of Committee                                                                                 
05/15/03       (S)       MINUTE(L&C)                                                                                            
05/16/03       (S)       L&C RPT 3NR                                                                                            
05/16/03       (S)       NR: BUNDE, SEEKINS, STEVENS G                                                                          
03/05/04       (S)       JUD AT 8:00 AM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
Mr. Phillip Eide                                                                                                                
Eide, Miller & Pate P.C.                                                                                                        
425 G Street, Suite 930                                                                                                         
Anchorage, AK 99501                                                                                                             
POSITION STATEMENT:  Expressed frustration with APOC's proposed                                                               
regulations                                                                                                                     
                                                                                                                                
Ms. Pam LaBolle                                                                                                                 
Alaska Chamber of Commerce                                                                                                      
     nd                                                                                                                         
217 2 Street, Suite 201                                                                                                         
Juneau, Alaska 99801                                                                                                            
POSITION STATEMENT:  Expressed frustration with APOC's proposed                                                               
regulations                                                                                                                     
                                                                                                                                
Mr. Larry Wood                                                                                                                  
Alaska Public Offices Commission                                                                                                
240 Main St.#201                                                                                                                
PO Box 110222                                                                                                                   
Juneau, AK 99811                                                                                                                
POSITION STATEMENT:  Discussed APOC's regulatory process                                                                      
                                                                                                                                
Ms. Andrea Jacobsen, Chair                                                                                                      
Alaska Public Offices Commission                                                                                                
240 Main Street #201                                                                                                            
Juneau, AK 99811                                                                                                                
POSITION STATEMENT:  Discussed APOC's regulatory process                                                                      
                                                                                                                                
Ms. Portia Parker                                                                                                               
Deputy Commissioner                                                                                                             
Department of Corrections                                                                                                       
431 N. Franklin, Suite 400                                                                                                      
Juneau, AK 99801                                                                                                                
POSITION STATEMENT:  Presented SB 336 for the Administration                                                                  
                                                                                                                                
Mr. Marc Antrim                                                                                                                 
Commissioner                                                                                                                    
Department of Corrections                                                                                                       
431 N. Franklin, Suite 400                                                                                                      
Juneau, AK 99801                                                                                                                
POSITION STATEMENT:  Answered questions about SB 336                                                                          
                                                                                                                                
Ms. Kathryn Daughhetee                                                                                                          
Administrative Services Division                                                                                                
Department of Law                                                                                                               
PO Box 110300                                                                                                                   
Juneau, AK  99811-0300                                                                                                          
POSITION STATEMENT:  Answered questions about SB 336                                                                          
                                                                                                                                
Ms. Barbara Brink                                                                                                               
Public Defender Agency                                                                                                          
Department of Administration                                                                                                    
       th                                                                                                                       
900 W 5                                                                                                                         
Anchorage, AK 99501-2090                                                                                                        
POSITION STATEMENT:  Expressed concerns about SB 336                                                                          
                                                                                                                                
Ms. Anne Carpeneti                                                                                                              
Assistant Attorney General                                                                                                      
Department of Law                                                                                                               
PO Box 110300                                                                                                                   
Juneau, AK  99811-0300                                                                                                          
POSITION STATEMENT:  Answered questions pertaining to SB 336                                                                  
                                                                                                                                
Ms. Diane Wendtlandt                                                                                                            
Assistant Attorney General                                                                                                      
Department of Law                                                                                                               
      th                                                                                                                        
1031 4 Ave.                                                                                                                     
Anchorage, AK 99501-1994                                                                                                        
POSITION STATEMENT: Answered questions pertaining to SB 336                                                                   
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                              
TAPE 04-15, SIDE A                                                                                                            
                                                                                                                                
CHAIR  RALPH   SEEKINS  called  the  Senate   Judiciary  Standing                                                             
Committee  meeting to  order at  8:05  a.m. Senators  Therriault,                                                               
Ogan and Chair Seekins were present. Senator Ellis was excused.                                                                 
                                                                                                                                
^APOC PROPOSED LOBBYIST REGULATIONS                                                                                         
                                                                                                                                
CHAIR  SEEKINS  informed  members   that  last  year  the  Senate                                                               
Judiciary Committee  debated and passed  a bill that  changed the                                                               
definition of  a lobbyist. The  Alaska Public  Offices Commission                                                               
(APOC)  recently  published  its proposed  regulations  resulting                                                               
from that legislation.  Because a number of  people contacted the                                                               
committee expressing concerns about  the proposed regulations, he                                                               
met with the  APOC commissioners, who are  reviewing the proposed                                                               
regulations  and will  decide whether  to "pull"  the regulations                                                               
later today.  He said committee  members would hear  testimony on                                                               
the matter.                                                                                                                     
                                                                                                                                
SENATOR THERRIAULT  asked that APOC  address the  confusion about                                                               
the statutory references in the proposed regulations.                                                                           
                                                                                                                                
CHAIR SEEKINS asked Mr. Eide to address that concern.                                                                           
                                                                                                                                
MR. PHILLIP EIDE, Eide, Miller &  Pate, noted that he was sitting                                                               
in  for Jack  Miller of  his firm  who wrote  two letters  to the                                                               
committee dated February  25 and March 4.  His  firm believes the                                                               
proposed regulations are flawed in  many respects and that APOC's                                                               
regulatory authority  is inconsistent with the  statute. The most                                                               
significant   concern  is   a  proposed   amendment   to  2   AAC                                                               
50.545(a)(4),  which purports  to define  "professional lobbyist"                                                               
as an  employee with a  primary or substantial  responsibility to                                                               
communicate   directly  with   public   officials  to   influence                                                               
legislators or legislative  action on behalf of  the employer. He                                                               
said the  key problem  is that  the term  "professional lobbyist"                                                               
appears nowhere in the statute.  In addition, the definition does                                                               
not take into account the  specific statutory requirement that in                                                               
order to be regulated as a  lobbyist, a person must work 40 hours                                                               
within  a 30-day  period  in a  calendar year.    He assumes  the                                                               
legislature  included that  condition  to provide  a bright  line                                                               
test.  The  regulation  ignores   that  requirement  and  instead                                                               
provides an  ambiguous definition in  what, his firm  submits, is                                                               
an attempt to end run the statutory provision.                                                                                  
                                                                                                                                
MR. EIDE  said another section  of the proposed  regulations that                                                               
the  firm sees  as defective,  flawed, and  in violation  of free                                                               
speech  is 2  AAC 50.545(c),  which considers  time spent  before                                                               
legislative  committees   to  be  communicating   directly  [with                                                               
legislators].  Eide,  Miller  and Pate  submits  that  testifying                                                               
before  a committee  was  not intended  to be  a  form of  direct                                                               
communication,  as   defined  by  the  statute.   It  violates  a                                                               
citizen's   right  to   appear  and   testify  publicly.   2  AAC                                                               
50.545(e)(2)-(7) lists the items regulated  as a cost of lobbying                                                               
activities.   Regulated  lobbying   activity  must   be  activity                                                               
intended to  influence legislative  or administrative  action and                                                               
constitute  payments  for assistance  to  a  lobbyist. Items  (2)                                                               
through (7) do not make clear  that the expenses must be intended                                                               
to influence legislative or administrative  action and several of                                                               
the regulations  refer to the  expenses incurred by  the employer                                                               
without referencing the  fact that the expenses  have anything to                                                               
do with a  lobbyist or an attempt to  influence legislation. That                                                               
section  is  unclear  as  to  what types  of  social  events  are                                                               
involved, i.e.,  whether a legislator  would have to  be present.                                                               
It  is overly  broad  and would  have a  chilling  effect on  the                                                               
exercise of First Amendment rights.                                                                                             
                                                                                                                                
MR. EIDE  then addressed 2  AAC 50.545(e)(3), regarding  the cost                                                               
of media to communicate the  employer's position on issues, which                                                               
he believes  is flawed for reasons  previously mentioned. Nothing                                                               
in  the  statutes or  Constitution  allows  APOC to  regulate  an                                                               
employer's  right to  inform the  public on  any issues  that the                                                               
employer sees  fit. In addition, "media  communications" does not                                                               
fall within  the statutory  definition. Media  communications are                                                               
intended  to inform  and influence  the public  directly.   2 AAC                                                               
50.545(e)(4)   references  employers'   lobbying  activities   so                                                               
employers, unless they fit the  definition of a lobbyist, are not                                                               
subject  to regulation.  Any attempt  to  regulate an  employer's                                                               
activities in  terms of polling  would violate the intent  of the                                                               
statute.  He  said  unless  it's  a  poll  that  is  specifically                                                               
intended  to influence  legislative or  administrative action  in                                                               
support of lobbying activities, it  does not appear to be covered                                                               
by  the statute.  2 AAC  50.545(e)(5) deals  with the  employer's                                                               
cost  to communicate  with  the lobbyist  to  discuss issues  and                                                               
strategies and is overly broad.  An employer can communicate with                                                               
a lobbyist  for any number  of reasons  that are far  broader and                                                               
that are  not a specific  attempt to influence  administrative or                                                               
legislative action.                                                                                                             
                                                                                                                                
MR. EIDE told members that  2 AAC 50.545(e)(6) pertains to travel                                                               
costs. His firm submits that unless  the employer is defined as a                                                               
lobbyist, the cost of travel is  not subject to regulation. 2 AAC                                                               
50.545(e)(7)  addresses the  costs incurred  by an  employer when                                                               
providing  a  trip for  a  public  official  for the  purpose  of                                                               
obtaining  information. It  is  inconsistent  with the  statutory                                                               
scheme related to regulating lobbying activities.                                                                               
                                                                                                                                
CHAIR SEEKINS asked  Mr. Eide if one of his  concerns is that the                                                               
proposed regulations severely infringe  upon free speech and that                                                               
a person should  be able to conduct a media  campaign on an issue                                                               
to  inform the  public without  that being  considered as  direct                                                               
communication with a legislator.                                                                                                
                                                                                                                                
MR. EIDE said that is correct.                                                                                                  
                                                                                                                                
CHAIR  SEEKINS noted  the press  is able  to do  that on  a daily                                                               
basis without any regulation.                                                                                                   
                                                                                                                                
MR.  EIDE said  unless  an  employer meets  the  definition of  a                                                               
lobbyist,  an employer  is not  subject to  being regulated  as a                                                               
lobbyist.                                                                                                                       
                                                                                                                                
CHAIR SEEKINS said concerns have  been expressed in the past that                                                               
someone who  employs a  lobbyist and spends  a certain  amount of                                                               
time  talking to  that  lobbyist  should have  to  register as  a                                                               
lobbyist as well. He asked Mr. Eide to comment.                                                                                 
                                                                                                                                
MR.  EIDE said  his concern  is  that 2  AAC 50.545(a)(4),  which                                                               
attempts to  define a lobbyist, takes  a step back from  what the                                                               
legislature  accomplished by  defining a  lobbyist using  the 40-                                                               
hour rule. He  said the current statutory  definition of lobbyist                                                               
allows  one to  determine a  lobbyist with  some precision.   The                                                               
proposed regulation circumvents that effort and is too vague.                                                                   
                                                                                                                                
CHAIR SEEKINS commented:                                                                                                        
                                                                                                                                
     ...if I  look at that  statement the way it  reads now,                                                                    
     the   new  definition   of  professional   lobbyist  as                                                                    
     proposed in this regulation, under  the rules of strict                                                                    
     construction,  professional lobbyist  means a  lobbyist                                                                    
     under this  statute, which is  an expired statute  - it                                                                    
     says  and  includes  an employee  who  has  primary  or                                                                    
     substantial  responsibility   to  communicate  directly                                                                    
     with  public  officials  to  influence  legislative  or                                                                    
     administrative action on  behalf of employees. Couldn't                                                                    
     that  mean  every small  businessman  or  woman in  the                                                                    
     entire  state  of Alaska  would  be  required to  be  a                                                                    
     registered  lobbyist under  the  rules of  construction                                                                    
     there  even though  they  may never,  if  they had  the                                                                    
     primary  responsibility  that  it   could  be  read  to                                                                    
     include that  they now  would need  to be  a registered                                                                    
     lobbyist?                                                                                                                  
                                                                                                                                
MR.  EIDE  said   that  is  a  possibility   and  broadening  the                                                               
definition leads  to that  ambiguity, which  he does  not believe                                                               
was the legislature's intent.                                                                                                   
                                                                                                                                
CHAIR SEEKINS  pointed out that  may not have been  the intention                                                               
of the  drafters either.  With no  further questions,  he thanked                                                               
Mr. Eide.                                                                                                                       
                                                                                                                                
MS.  PAMELA LABOLLE,  President of  the Alaska  State Chamber  of                                                               
Commerce,   reminded  members   that   the   State  Chamber   was                                                               
instrumental in getting the bill passed  last year so it has been                                                               
paying close  attention to the proposed  regulations. The Chamber                                                               
finds  it very  distressing that  every word  that went  into the                                                               
bill  last year  was debated  right down  to the  final hours  of                                                               
passage yet  the proposed regulations  have changed  the verbiage                                                               
and set aside the intent  that the Chamber and legislature worked                                                               
so hard  to define. She questioned  how many times the  intent of                                                               
laws is significantly changed during  the regulatory process. She                                                               
noted these  proposed regulations cite non-existent  statutes and                                                               
misname  statutes  and questioned  whether  anyone  with a  legal                                                               
background reviews the regulations  before they are published for                                                               
public comment.  She echoed Mr.  Eide's concerns,  especially the                                                               
fact that  the Chamber worked  to remove the  words "substantial"                                                               
and "regular," but those words  have been replaced with the words                                                               
"primary" or "substantial." She  maintained the replacement words                                                               
set aside so much of the work the Chamber did last year.                                                                        
                                                                                                                                
MS. LABOLLE said the proposed  APOC regulations have created such                                                               
uproar because  they reflect how  the regulators,  throughout the                                                               
regulatory arena,  take on authority beyond  what the legislature                                                               
intended.  She  is glad  that  APOC  plans  to put  the  proposed                                                               
regulations aside  and go back to  the drawing board, but  she is                                                               
concerned that the  public has to be much more  attentive to what                                                               
is happening in the regulatory world.                                                                                           
                                                                                                                                
SENATOR  OGAN pointed  out that  a  constitutional amendment  has                                                               
been  before  the  voters  three   times  that  would  allow  the                                                               
legislature to overturn regulations. He  maintained that a lot of                                                               
criticism and cynicism has been  aimed at the legislature, but it                                                               
operates  in  a  very  open process.  Its  deliberations  are  on                                                               
television and  the Internet. Regulatory agencies  do not operate                                                               
with  that scrutiny.  Most working  people  do not  have time  to                                                               
attend meetings  so they expect  legislators to keep  their "hand                                                               
on the wheel  and watch what goes on." However,  he does not have                                                               
time to monitor all regulations either.                                                                                         
                                                                                                                                
MS. LABOLLE said  one thing she has observed during  her 30 years                                                               
of lobbying  is that too often,  in its effort to  pass laws, the                                                               
legislature  will write  laws with  a  broad intent  and let  the                                                               
agencies deal with the details.  However, that approach sometimes                                                               
leads to results like the APOC  regulations. In the APOC law, the                                                               
legislature  dealt  with the  details  because  the previous  law                                                               
contained ambiguities that were  the impetus for new legislation.                                                               
She hopes  the legislature  would take more  time to  ensure that                                                               
its intent is clearly expressed  in other arenas and written into                                                               
law. She also  hopes the process changes so that  the public gets                                                               
a  better product  for comment  so that  the end  result is  more                                                               
realistic.                                                                                                                      
                                                                                                                                
SENATOR OGAN pointed out that a  check and balance exists in that                                                               
the   Administrative   Regulation    Review   Committee   reviews                                                               
regulations and  the legislature can  hold hearings and  change a                                                               
statute to clarify its intent.                                                                                                  
                                                                                                                                
MS.  LABOLLE  thanked  committee   members  for  taking  up  this                                                               
discussion.  She  felt  the  committee's  review  brings  to  the                                                               
public's attention the  fact that changes need to be  made to the                                                               
entire process.                                                                                                                 
                                                                                                                                
CHAIR  SEEKINS said  one  reason  for the  hearing  is a  renewed                                                               
interest  on  the part  of  the  legislature  in  how it  can  be                                                               
involved  in the  final regulation  that  will apply  the law  it                                                               
wrote. He  noted it is  easy to take  excerpts of the  record and                                                               
piece them together  to prove almost any  intent. The legislature                                                               
needs to  be able to trust  that the administration has  the same                                                               
intent the legislature did when  the bill passed. That concern is                                                               
greater  when the  legislature is  at odds  with the  agency that                                                               
will  be affected  by  a statute.  Sometimes  subtle and  not-so-                                                               
subtle changes in the regulations are  made that do not carry out                                                               
the  legislature's intent.  He said  the legislature  has renewed                                                               
interest in whether  it should "run the flag up  the flagpole" to                                                               
point out  to the general  public that  there is a  tension here,                                                               
and that the regulations, although  available for public comment,                                                               
do not get anywhere near the  light of day that the legislature's                                                               
activities do.  Regulations are numerous  and complex;  the media                                                               
does not hover  over every proposed regulation to  see whether it                                                               
carries out the intent of the law.                                                                                              
                                                                                                                                
CHAIR  SEEKINS  said  the   legislature  defined  a  professional                                                               
lobbyist  last year  as a  person  who engages  in the  business,                                                               
occupation,   or  profession   of   influencing  legislative   or                                                               
administrative action.                                                                                                          
                                                                                                                                
MS. LABOLLE said that defines her profession.                                                                                   
                                                                                                                                
CHAIR  SEEKINS  continued that  the  law  says  or a  person  who                                                               
receives   wages  or   other  economic   consideration  including                                                               
reimbursement  of  travel  and  living  expenses  to  communicate                                                               
directly  with any  public official  for the  express purpose  of                                                               
influencing  legislative  or  administrative action  during  more                                                               
than 40 hours in  any 30 day period in any  one calendar year. He                                                               
recalled the  legislature intended that  to apply to  an employee                                                               
of a  company who  was communicating  directly with  a legislator                                                               
for  the purpose  of  influencing  legislation or  administrative                                                               
action. He  asked if that  person could hypothetically  be called                                                               
an employee lobbyist.                                                                                                           
                                                                                                                                
MS. LABOLLE  said yes and that  some employees might be  called a                                                               
government relations  person among other titles.  She pointed out                                                               
that a  person involved in  government regulations might  have to                                                               
watch and track  the issues and bills before  the legislature yet                                                               
have no issues of concern that come up in an entire year.                                                                       
                                                                                                                                
CHAIR SEEKINS said that "influence" is a key word.                                                                              
                                                                                                                                
MS.  LABOLLE replied,  "Influence  and  direct communication  are                                                               
very key words."                                                                                                                
                                                                                                                                
CHAIR  SEEKINS  asked  if  a   VP  of  government  relations  who                                                               
monitored  legislation   and  kept   a  good   relationship  with                                                               
legislators in case something did  come up would be considered to                                                               
be a lobbyist.                                                                                                                  
                                                                                                                                
MS. LABOLLE  said if  he had not  directly communicated  with the                                                               
legislature to influence, he would not be.                                                                                      
                                                                                                                                
CHAIR  SEEKINS  asked  how  that  would  apply  to  a  government                                                               
employee.  He said  the governor  regularly proposes  legislation                                                               
and   members  of   the  state   departments  try   to  influence                                                               
legislators on the outcome of that legislation.                                                                                 
                                                                                                                                
MS. LABOLLE said they are exempt and she does not know why.                                                                     
                                                                                                                                
CHAIR  SEEKINS  commented that  as  a  legislator, he  can  lobby                                                               
another senator about a pet bill  yet he is not regulated, nor is                                                               
the  media,  which publishes  stories  to  inform the  public  or                                                               
influence action.                                                                                                               
                                                                                                                                
MS. LABOLLE  said in her opinion,  the media is lobbying  when it                                                               
only reports one side of an issue.                                                                                              
                                                                                                                                
CHAIR SEEKINS  asked if  the state can  only regulate  people who                                                               
are in business.                                                                                                                
                                                                                                                                
MS. LABOLLE said that is essentially correct.                                                                                   
                                                                                                                                
CHAIR SEEKINS asked  Ms. LaBolle how many  businesses the Chamber                                                               
represents.                                                                                                                     
                                                                                                                                
MS.  LABOLLE  replied  approximately 700  businesses  with  about                                                               
70,000 employees.                                                                                                               
                                                                                                                                
CHAIR SEEKINS  asked Ms.  LaBolle if she  could suggest  a better                                                               
way to get public input into the regulation making process.                                                                     
                                                                                                                                
MS.  LABOLLE  said  in  the Chamber's  opinion,  the  process  is                                                               
broken. Three pieces  of legislation have been  introduced to fix                                                               
the regulatory process, which the  Chamber supports. In addition,                                                               
the Chamber  has always supported  a constitutional  amendment to                                                               
allow  the legislature  to remove  a regulation  that contradicts                                                               
the legislative intent. She repeated  that when misinformation is                                                               
put forth  to the  public, the public  comments are  invalid, and                                                               
questioned  why  a legal  review  of  those regulations  was  not                                                               
undertaken to  ensure the intent  was met and that  the citations                                                               
were correct. She  noted she spent a considerable  amount of time                                                               
reviewing the  regulations and hired  an attorney to  help, which                                                               
cost the  Chamber, and those efforts  were a waste of  time.  She                                                               
repeated that  she believes the entire  regulatory review process                                                               
needs to be tuned up.                                                                                                           
                                                                                                                                
CHAIR SEEKINS pointed out that  last year, during the hearings on                                                               
the  lobbying bill,  several people  expressed concern  that once                                                               
they   registered   as   lobbyists,    they   gave   up   certain                                                               
constitutional rights,  such as the ability  to fully participate                                                               
in the  political process as  any other person.  Lobbyists cannot                                                               
serve  on  a state  board  or  commission,  serve as  a  campaign                                                               
director or treasurer,  host a fundraising event, or  engage in a                                                               
legislative campaign, etcetera.                                                                                                 
                                                                                                                                
MS. LABOLLE said  the sad part about that is  those very citizens                                                               
are the types  who show interest in legislative  activity but, by                                                               
so  doing, they  must become  lobbyists and  are then  prohibited                                                               
from participating in the campaign cycle.                                                                                       
                                                                                                                                
SENATOR  OGAN felt  the committee  was  discussing several  First                                                               
Amendment issues. He  said he does not want to  live in a society                                                               
without a  free press,  but the press  does attempt  to influence                                                               
legislation and  the outcome  of elections. He  does not  want to                                                               
inhibit the press's  ability to do that. He then  said there is a                                                               
perception that lobbyists are involved  in all kinds of back room                                                               
deals,  where  everyone  smokes Cuban  cigars,  but  in  reality,                                                               
legislators are accessible  to constituents when at  home so more                                                               
politics happen in grocery stores.                                                                                              
                                                                                                                                
MS.  LABOLLE told  members  that she  also  lobbied in  Arizona's                                                               
capital, Phoenix. She found that  the Capitol in Phoenix got less                                                               
attention from  the public  than the  Capitol in  Juneau, despite                                                               
the  larger population.  She does  not think  it matters  where a                                                               
capital is located.  The people who care and take  an interest in                                                               
what  is  happening  in  their  government  will  make  it  their                                                               
business to  participate. Unfortunately,  the majority  of people                                                               
don't care.  She said she is  proud to be a  lobbyist because she                                                               
believes lobbyists  provide information and explain  the pros and                                                               
cons of an issue  to very busy people. She does  not know how the                                                               
legislature  would   find  that   kind  of   information  without                                                               
lobbyists.  Lobbyists  must  be accurate  and  honest,  otherwise                                                               
their careers  are over. She  repeated that it is  important that                                                               
lobbyists be  identified and that  business people who  only want                                                               
to participate  in the process  have that ability  without losing                                                               
certain constitutional rights.                                                                                                  
                                                                                                                                
CHAIR  SEEKINS said  that  was the  legislature's  intent and  is                                                               
reasonable.  He   noted  that  he  depends   on  lobbyists  quite                                                               
frequently to  get information that  he would not  otherwise have                                                               
available.  If  he were  to  find  that a  lobbyist  deliberately                                                               
deceived him, that lobbyist would not be welcome in his office.                                                                 
                                                                                                                                
TAPE 04-15, SIDE B                                                                                                            
                                                                                                                                
CHAIR  SEEKINS said  he  often  has to  rely  on the  information                                                               
provided to  him by a lobbyist,  as he doesn't want  to be called                                                               
on the carpet  later on. He then asked Mr.  Wood and Ms. Jacobsen                                                               
to testify.                                                                                                                     
                                                                                                                                
MR.  LARRY  WOOD,  one of  five  APOC  commissioners,  introduced                                                               
Andrea  Jacobsen,  the  Chair  and  public  member  of  APOC.  He                                                               
informed  members  that  today  is Ms.  Jacobsen's  last  day  of                                                               
service after five  years. He told members that  one would expect                                                               
the APOC  to be  more partisan in  nature but it  is not.  He has                                                               
been  pleased  to  serve  with  people  of  great  integrity  and                                                               
honesty.                                                                                                                        
                                                                                                                                
MR. WOOD  said, regarding the  APOC regulations,  the regulations                                                               
are in  the drafting  process and in  the public  comment period.                                                               
However, because of  the comments APOC has received,  it plans to                                                               
take those regulations off of the  table and rework them. He made                                                               
two points. With  regard to the [citation]  problems, the revisor                                                               
of  statutes came  back with  new numbers  after the  regulations                                                               
were codified  so staff was  already aware  of the fact  that the                                                               
numbers needed  to be changed. The  second point is in  regard to                                                               
the  definition  of "employee  lobbyist."  Ms.  LaBolle said  she                                                               
falls in the A category.                                                                                                        
                                                                                                                                
CHAIR SEEKINS said he would place her in the B category.                                                                        
                                                                                                                                
MR. WOOD said he walked away  last year thinking that people like                                                               
Ms. LaBolle's  primary responsibility, even  though she is  not a                                                               
contract  lobbyist, would  fall under  A, the  profession or  the                                                               
occupation  for the  business.  However,  the uncertainty  arises                                                               
because  B  says "or  wages."  Therefore,  some people  like  Ms.                                                               
LaBolle believe  they fall  under the B  category so  the 40-hour                                                               
rule applies and  they do not need to register  until they begin.                                                               
After reflecting  on that problem and  reviewing public comments,                                                               
his  personal  view  is  that employee  lobbyists  should  be  in                                                               
category B and keep an eye on  the 40 hours. And, within the next                                                               
year,  APOC would  let lobbyists  know how  things look  and what                                                               
differences  it sees  with registering  employee lobbyists  under                                                               
the  old and  new laws.  He assured  members that,  while he  has                                                               
heard  terms like  "end run"  used, the  APOC was  attempting, in                                                               
good faith,  to try  to put  its arms  around something  that was                                                               
perhaps better  left alone. His personal  view is to go  with the                                                               
40-hour approach and  report how that is going in  the future. He                                                               
then  noted  he enjoys  the  democratic  process  - the  flow  of                                                               
information.  APOC was  in the  midst of  that process  when this                                                               
problem  came up.  APOC has  also promulgated  a number  of other                                                               
regulations  that are  working. He  said it  is difficult  to sit                                                               
quietly and listen  while a position is being  presented that one                                                               
disagrees with.  If all of  the information could be  put forward                                                               
simultaneously,  he  believes the  opposing  party  would take  a                                                               
different view. He  asserted the APOC had no bad  motives and was                                                               
not attempting an end run.                                                                                                      
                                                                                                                                
MS. ANDREA  JACOBSEN, Chair  of APOC,  told members  she believes                                                               
she represents the public because  she is not affiliated with any                                                               
business,  political  party  or  lobbyist. In  her  opinion,  the                                                               
reason that lobbyists should be  regulated is that the public has                                                               
the right to  know who is influencing  government [officials] and                                                               
to what extent so that the  public can determine who they want to                                                               
vote  for. She  pointed  out  that when  APOC  was designing  the                                                               
proposed  regulations,   it  did  so  at   public  meetings  with                                                               
published agendas.  APOC did not  have the best turnout  in terms                                                               
of public  participation. However,  public comment  periods allow                                                               
members  of  the  public  who  could  not  attend  a  meeting  an                                                               
opportunity  for input.  When asked  for advice,  APOC staff  has                                                               
struggled with  the statutory definition  of lobbyist  because it                                                               
is difficult  to determine who  falls under the 40-hour  rule and                                                               
who does  not. During APOC's  attempt to construct  a definition,                                                               
it was trying to find verbiage that would be clear to everyone.                                                                 
                                                                                                                                
MS. JACOBSEN said  APOC takes the public comments  it receives to                                                               
heart. She  believes the process  does work. APOC's  intent, when                                                               
it  received  the  letters  of  concern,  was  to  discuss  those                                                               
regulations at  its scheduled meeting  today with input  from the                                                               
public.  She  repeated the process works very  well because these                                                               
regulations were  not a "done  deal." APOC was going  through one                                                               
of the  many steps in  the process. She indicated,  regarding the                                                               
citation   errors,  that   the   publisher  had   re-alphabetized                                                               
something  and  did  not  notify  APOC, so  the  problem  is  not                                                               
associated with  the legal  review. She  told members  given that                                                               
all proposed  regulations were put  out for public  comment, APOC                                                               
would like to  bifurcate those that are not "broken"  and move on                                                               
so that it can better address the needs of its agency.                                                                          
                                                                                                                                
SENATOR OGAN jested that one  of the unintended consequences that                                                               
may  be a  positive of  last year's  legislation is  that he  has                                                               
talked to  lobbyists who could  be exempt but choose  to register                                                               
so that  they do not  have to  contribute to candidates  in their                                                               
districts.                                                                                                                      
                                                                                                                                
CHAIR SEEKINS stated, for the record,  that he has known Mr. Wood                                                               
for a very long time. He opined:                                                                                                
                                                                                                                                
     The  business community  is  not  worried. They're  not                                                                    
     trying to hide in the  dark. They would have no problem                                                                    
     registering  as  someone  who is  trying  to  influence                                                                    
     legislation  or administrative  action  if they  didn't                                                                    
     lose  their  right  to  participate  in  the  political                                                                    
     process equal  to the same  government employee  who is                                                                    
     lobbying us  on behalf  of keeping his  job. I  mean if                                                                    
     we're looking  for full disclosure  as to  who's trying                                                                    
     to  influence  legislators  that's one  thing.  No  one                                                                    
     would object  to that. If  it is the public's  right to                                                                    
     know,  no one  objects  to knowing  who  is talking  to                                                                    
     legislators  about  legislative  issues. It's  that  if                                                                    
     they hit  a certain  mark, they  lose their  ability to                                                                    
     participate in the political  process equal to everyone                                                                    
     else out there.                                                                                                            
                                                                                                                                
     There's the whole threat and  the whole reason that the                                                                    
     business community  is concerned  because they  look at                                                                    
     this  as  a  possible  threat by  people  who  want  to                                                                    
     eliminate them from the  political process, not because                                                                    
     of  the public's  right to  know.  And I  don't know  a                                                                    
     businessperson  in  the  state  that  would  object  to                                                                    
     putting their  name on  a list  - I'm  going to  try to                                                                    
     influence the  legislature on a  bill - if  they didn't                                                                    
     have the  threat of  losing that  constitutional right.                                                                    
     That's why they're looking at  you through a microscope                                                                    
     because they're not  sure if that's your  intent or not                                                                    
     because they don't know you....                                                                                            
                                                                                                                                
CHAIR SEEKINS  suggested that  this discussion  might go  away if                                                               
the  legislature  eliminated  some  of  the  lobbyists'  loss  of                                                               
constitutional rights.                                                                                                          
                                                                                                                                
9:10 a.m.                                                                                                                       
                                                                                                                                
SENATOR OGAN  mentioned that  he has  been through  five election                                                               
cycles  and has  always  had positive  dealings  with APOC,  even                                                               
though he is not an immaculate  record keeper. He said APOC staff                                                               
has been easy to work with  and has given clear direction anytime                                                               
problems arose, and that he  believes all contributions should be                                                               
transparent.                                                                                                                    
                                                                                                                                
MR. WOOD thanked Senator Ogan for the feedback.                                                                                 
                                                                                                                                
CHAIR SEEKINS agreed that legislators  should report every dollar                                                               
that  is donated  to their  campaigns and  noted the  legislature                                                               
passed legislation to that effect  last year. He then thanked Mr.                                                               
Wood and Ms. Jacobsen.                                                                                                          
                                                                                                                                
There being no one else  wishing to testify, he told participants                                                               
the committee  held this hearing  for several reasons.  The first                                                               
was  to  let   the  people,  who  have   perceived  the  proposed                                                               
regulations as  a thinly  veiled attempt  to further  infringe on                                                               
their constitutional  rights, have an open  discussion with those                                                               
promulgating the  regulations and  the legislators  who initiated                                                               
the  bill last  year  to clear  up  the intent.  He  said if  any                                                               
regulatory  agency  ever  has  a question  about  the  intent  of                                                               
legislation he  sponsored, he would  want the agency to  call him                                                               
for  his opinion.  He  noted the  legislature  is concerned  that                                                               
regulations  can   change  the  intent  of   legislation  without                                                               
intending to do so. He then announced a 5 minutes recess.                                                                       
                                                                                                                                
               SB 336-CORRECTIONS: FEES/SURCHARGE                                                                           
                                                                                                                                
CHAIR SEEKINS announced that SB 336 was before the committee.                                                                   
                                                                                                                                
SENATOR  OGAN  questioned  why  the   charge  is  only  $100  for                                                               
violating probation. He felt that  amount will not provide enough                                                               
incentive.                                                                                                                      
                                                                                                                                
MS.  PORTIA  PARKER, Deputy  Commissioner  of  the Department  of                                                               
Corrections  (DOC),   told  members   that  SB  336   requests  a                                                               
correctional  facility  surcharge  for offenders  who  have  been                                                               
convicted  of  felony  and misdemeanor  charges.  DOC  researched                                                               
other states'  fees, and found  they charge a variety  of booking                                                               
fees, administrative surcharges and  other fees. Those fees range                                                               
from $20 to  $250, depending on the state and  whether the fee is                                                               
issued  by  an  intake  facility, jail,  or  long-term  facility.                                                               
Because the State  of Alaska has a  unified [corrections] system,                                                               
the  state operates  all  jails and  prisons.  Other states  have                                                               
county  and city  facilities. Most  of the  fees in  other states                                                               
were  challenged and  upheld in  different  jurisdictions if  the                                                               
fees were uniform and treated  people equally. She noted that DOC                                                               
believes that  charging a  fee for  a conviction  as part  of the                                                               
court  judgment would  be the  safest  and easiest  way to  avoid                                                               
challenge, rather  than charging a  booking or intake  fee, which                                                               
is problematic  when charges are  dropped or the offender  is not                                                               
convicted.  DOC decided  on  the  $100 amount  based  on what  it                                                               
believes can be collected from this population.                                                                                 
                                                                                                                                
DEPUTY COMMISSIONER  PARKER explained the  second part of  SB 336                                                               
pertains to  a $100  application fee  for an  interstate transfer                                                               
for  those  on probation  or  parole.  Most  states have  such  a                                                               
transfer fee.  The applicant  will also  have to  file cash  or a                                                               
bond  because DOC  often has  to  go out-of-state  to return  the                                                               
offender to Alaska if the offender commits a crime.                                                                             
                                                                                                                                
SENATOR OGAN noted  that SB 336 does not  address indigent people                                                               
who cannot  pay and he suspects  a number of offenders  will fall                                                               
in that category.                                                                                                               
                                                                                                                                
DEPUTY COMMISSIONER PARKER deferred to  the Department of Law for                                                               
an explanation  of the collections  process but pointed  out that                                                               
permanent fund dividends  can be garnished, as well  as any wages                                                               
earned while incarcerated.                                                                                                      
                                                                                                                                
SENATOR  OGAN   questioned  whether   felons  are   eligible  for                                                               
permanent fund dividends.                                                                                                       
                                                                                                                                
DEPUTY COMMISSIONER PARKER deferred to  the Department of Law for                                                               
an answer.                                                                                                                      
                                                                                                                                
SENATOR OGAN said he would be  willing to propose an amendment to                                                               
increase  the  $100   fee  for  parolee  release   to  provide  a                                                               
disincentive to violating parole.                                                                                               
                                                                                                                                
CHAIR  SEEKINS  asked if  the  $100  would  be collected  when  a                                                               
prisoner is released  on parole or whether it  would be collected                                                               
if the person ends up back in jail.                                                                                             
                                                                                                                                
DEPUTY COMMISSIONER  PARKER said the $100  surcharge on probation                                                               
and parole is suspended so it does  not have to be paid unless an                                                               
offender  violates the  conditions  of probation  or parole.  She                                                               
explained that a felon who is  incarcerated would have to pay the                                                               
$100 correctional  facility fee and  then an additional  $100 fee                                                               
if that  felon is  released on parole  or probation  and violates                                                               
the  conditions. She  further explained  that a  small number  of                                                               
offenders who want an interstate  transfer will also have to post                                                               
cash or  a bond  and that  is only paid  if DOC  has to  pick the                                                               
person up out-of-state for a violation.                                                                                         
                                                                                                                                
MR. MARC ANTRIM, Commissioner of  DOC, clarified that SB 336 does                                                               
not address parole. Probation is  a function of the court; parole                                                               
is the function of an  independent board. There is no interaction                                                               
between the court system and the  parole board so SB 336 does not                                                               
have a fee collection process attached to it.                                                                                   
                                                                                                                                
CHAIR SEEKINS indicated  that SB 336 is basically  a revenue bill                                                               
that attempts to recover some of DOC's costs.                                                                                   
                                                                                                                                
COMMISSIONER ANTRIM said that is correct.                                                                                       
                                                                                                                                
CHAIR  SEEKINS asked  how  much  DOC expects  to  recover at  100                                                               
percent.                                                                                                                        
                                                                                                                                
COMMISSIONER  ANTRIM said  about  30,000 bookings  are made  each                                                               
year but not all of those folks are convicted.                                                                                  
                                                                                                                                
DEPUTY COMMISSIONER  PARKER added that  the DOL's fiscal  note is                                                               
based on  what DOL believes  it can  collect, not on  100 percent                                                               
collection.                                                                                                                     
                                                                                                                                
MS. KATHRYN  DAUGHHETEE, Director of the  Administrative Services                                                               
Division, DOL, answered  the amount would be $1.3  million if 100                                                               
percent was collected.                                                                                                          
                                                                                                                                
CHAIR SEEKINS  said he watches  the judicial system on  a routine                                                               
basis and  often questions, when  he sees  a DUI reported  in the                                                               
newspaper, how  a $1,000 mandatory  fine can be reduced  to $300.                                                               
He believes the  court's rationalization is that it  is better to                                                               
collect some amount  from people who cannot pay  the full amount.                                                               
He questioned  whether the courts  will further reduce  the fines                                                               
if offenders must pay these other fines.                                                                                        
                                                                                                                                
COMMISSIONER ANTRIM  believed the  court's intent is  to suspend,                                                               
not  reduce,  the fine  to  exercise  a  hammer on  a  subsequent                                                               
offense. He noted  that in a typical DUI case,  an offender might                                                               
be fined $1000 with $250 suspended  and the jail time would be 10                                                               
days  with 7  suspended. However,  if that  person gets  a second                                                               
DUI, the $250 fine and 7 days in  jail would be added to the next                                                               
sentence.                                                                                                                       
                                                                                                                                
CHAIR SEEKINS said  he has no problem with trying  to collect the                                                               
fines when possible because incarceration is expensive.                                                                         
                                                                                                                                
SENATOR OGAN jested  that the state could  probably contract with                                                               
the  Hilton Hotel  to house  prisoners for  a lesser  amount than                                                               
prison cells.                                                                                                                   
                                                                                                                                
CHAIR SEEKINS took public testimony.                                                                                            
                                                                                                                                
MS. BARBARA BRINK, public defender  for the State of Alaska, told                                                               
members  that  she fears  that  as  the  state continues  to  add                                                               
surcharges and fees, it might  be imposing burdens on people that                                                               
are impossible  to meet.  Those people  who are  getting released                                                               
from  custody have  families  to  support and  bills  to pay.  In                                                               
criminal  cases,  their  most  pressing   obligation  is  to  pay                                                               
restitution. In  addition, most of these  people are disqualified                                                               
from receiving a  permanent fund dividend.  She  pointed out that                                                               
according  to  a recent  Alaska  Judicial  Council study,  public                                                               
attorneys  handle 80  percent of  all criminal  cases. Collecting                                                               
fees from 80  percent of that population will  be very difficult.                                                               
Many  of these  people  have already  been  fined: the  mandatory                                                               
minimum  fine for  DUI penalties  ranges from  $1500 to  $10,000.                                                               
Essentially, the state already charges  a conviction surcharge of                                                               
$100 for  a felony,  $50 for  a misdemeanor, and  $75 for  a DUI.                                                               
Those fees  are used for  public safety training.  Defendants who                                                               
need  treatment are  referred to  the Alcohol  and Safety  Action                                                               
Program,  and those  defendants pay  a  $100 fee,  half in  cash,                                                               
before they are even accepted  to the program. And people serving                                                               
sentences for  DUIs must  pay their  cost of  imprisonment. Those                                                               
costs  range from  $236  to $2,000.  On top  of  that, the  state                                                               
imposes Rule  39 costs, which  requires offenders to pay  $250 to                                                               
$5000 for their [court-appointed] lawyer.                                                                                       
                                                                                                                                
MS.  BRINK  cautioned  that  because  of the  way  this  fine  is                                                               
imposed, when an  offender is brought to jail,  whether booked or                                                               
not, it  provides a  lot of  opportunity for  unfair application.                                                               
The fine  will be based solely  on whether the police  officer or                                                               
district  attorney  chooses  to  issue a  summons  or  to  arrest                                                               
someone. She feels it is particularly  onerous to impose a fee of                                                               
$100 and  a bond requirement for  those who would like  to get an                                                               
interstate transfer. It  seems the state would  want to encourage                                                               
people to be  with families and support networks  in other states                                                               
while on  probation rather  than to stay  in Alaska  because they                                                               
cannot pay the fee.                                                                                                             
                                                                                                                                
SENATOR OGAN asked Ms. Brink if  the statistic she cited about 80                                                               
percent  of  criminal  defendants  being  represented  by  public                                                               
defenders includes people who are on public assistance.                                                                         
                                                                                                                                
MS.  BRINK  said  it  does.  A person  on  public  assistance  is                                                               
presumed to  be indigent  and is entitled  to public  counsel. Of                                                               
the 80  percent, 63 percent  are appointed a public  defender and                                                               
17 percent are appointed to the Office of Public Assistance.                                                                    
                                                                                                                                
SENATOR  OGAN   said  his  knee-jerk  reaction   is  that  public                                                               
assistance should be cut off for repeat felons.                                                                                 
                                                                                                                                
CHAIR  SEEKINS asked  if  a booking  facility  is a  correctional                                                               
facility.                                                                                                                       
                                                                                                                                
COMMISSIONER ANTRIM said it is.                                                                                                 
                                                                                                                                
CHAIR SEEKINS asked if any person  who is convicted would pay for                                                               
the booking, even if that person does not spend a day in jail.                                                                  
                                                                                                                                
COMMISSIONER ANTRIM  said that  is correct.  He then  agreed with                                                               
Ms. Brink that  a lot of fees already exist  but some people keep                                                               
re-offending  and find  money to  buy drugs  and alcohol  and pay                                                               
impound fees  for their cars.  He does not believe  an additional                                                               
$100 will  slow them down. He  noted the bond for  the Interstate                                                               
Compact is designed  to recoup some of DOC's costs.  DOC must fly                                                               
a state  trooper to another  state and usually house  that person                                                               
for a night so DOC must buy  three plane tickets and pay per diem                                                               
plus the personnel costs.                                                                                                       
                                                                                                                                
CHAIR SEEKINS informed members that  an amendment proposed by DOC                                                               
had been distributed.                                                                                                           
                                                                                                                                
DEPUTY COMMISSIONER PARKER told members  that DOC worked with the                                                               
court  system  and  DOL  on   the  amendment,  which  makes  some                                                               
technical   changes   to   improve  the   collection   procedure,                                                               
particularly as it relates to the probation fee.                                                                                
                                                                                                                                
SENATOR  THERRIAULT   moved  to  adopt  the   proposed  amendment                                                               
[Amendment 1], which reads as follows.                                                                                          
                                                                                                                                
                      A M E N D M E N T  1                                                                                  
                                                                                                                                
OFFERED IN THE SENATE TO SB 336:                                                                                                
                                                                                                                                
Page 2, lines 5 and 6:                                                                                                          
                                                                                                                                
     Delete: ", as a condition of probation,"                                                                                   
                                                                                                                                
Page 2, line 14:                                                                                                                
                                                                                                                                
     Between "under" and "this" insert: "(a) of"                                                                                
                                                                                                                                
Page 2, line 15:                                                                                                                
                                                                                                                                
     After "conviction." Insert: "The court shall include the                                                                   
imposition of a surcharge under (c)  of this section in the order                                                               
revoking probation."                                                                                                            
                                                                                                                                
Page 2, line 20:                                                                                                                
                                                                                                                                
     After "28.30.032(o)." insert, "The state may enforce                                                                       
payment of  a surcharge under this  section under AS 09.38  as if                                                               
it  were   a  civil  judgment  enforceable   by  execution.  This                                                               
subsection does not  limit the authority of the  court to enforce                                                               
fines."                                                                                                                         
                                                                                                                                
SENATOR OGAN objected for the  purpose of discussion. He asked if                                                               
the intent of  the amendment is to allow a  person who cannot pay                                                               
to be put on probation.                                                                                                         
                                                                                                                                
DEPUTY COMMISSIONER PARKER  said if a person is  on probation and                                                               
their  provision is  revoked, that  person will  have to  pay the                                                               
$100 fee.  That language  was rewritten  so that  the fee  is not                                                               
listed as  a condition of probation  because there was no  way to                                                               
make that work. The fee would be imposed once revocation occurs.                                                                
                                                                                                                                
SENATOR OGAN  asked for  a description of  the second  change the                                                               
amendment will make.                                                                                                            
                                                                                                                                
DEPUTY COMMISSIONER PARKER deferred to DOL.                                                                                     
                                                                                                                                
TAPE 04-16, SIDE A                                                                                                            
                                                                                                                                
MS. ANNE  CARPENETI, representing  the Criminal Division  of DOL,                                                               
told  members that  the amendment  was suggested  by a  judge who                                                               
reviewed  the bill  and was  concerned about  the possibility  of                                                               
collecting the surcharge for revocation  of probation. DOL agreed                                                               
with the  judge's assessment  and made  minor amendments  to make                                                               
the collection of  that surcharge similar to the  process used to                                                               
collect the facilities fee.                                                                                                     
                                                                                                                                
SENATOR OGAN referred  to the language on page 20  and asked what                                                               
"a civil judgment enforceable by execution" means.                                                                              
                                                                                                                                
MS. DIANE WENDTLANDT, Assistant  Attorney General, DOL, explained                                                               
it means  that DOL can  garnish permanent fund  dividends, wages,                                                               
or bank accounts.  In general, DOL would not do  that for amounts                                                               
as  small as  $100.  DOL handles  a  large volume  so  it is  not                                                               
economically feasible to  do more than attach  the permanent fund                                                               
dividend. Without  the amendment,  DOL would be  unable to  get a                                                               
writ  of  execution, meaning  it  could  not do  any  involuntary                                                               
collection.  DOL  could  only accept  voluntary  payments,  which                                                               
would be fairly low.                                                                                                            
                                                                                                                                
SENATOR OGAN referred  to the fiscal note and asked  if the state                                                               
will collect more money than the collection costs.                                                                              
                                                                                                                                
CHAIR SEEKINS said that depends on how much can be collected.                                                                   
                                                                                                                                
SENATOR OGAN removed his objection to adopting Amendment 1,                                                                     
therefore it was adopted.                                                                                                       
                                                                                                                                
CHAIR SEEKINS closed public testimony.                                                                                          
                                                                                                                                
SENATOR OGAN moved CSSB 336(JUD) from committee with individual                                                                 
recommendations and attached fiscal notes.                                                                                      
                                                                                                                                
CHAIR SEEKINS announced that without objection, the motion                                                                      
carried. He then adjourned the meeting at 9:55 a.m.                                                                             

Document Name Date/Time Subjects