Legislature(1997 - 1998)
03/26/1997 01:50 PM Senate JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE JUDICIARY COMMITTEE
March 26, 1997
1:50 p.m.
MEMBERS PRESENT
Senator Robin Taylor, Chair
Senator Drue Pearce, Vice-chair
Senator Mike Miller
MEMBERS ABSENT
Senator Sean Parnell
Senator Johnny Ellis
COMMITTEE CALENDAR
CONFIRMATION HEARING: ETHEL STATON TO THE COMMISSION ON JUDICIAL
CONDUCT
SENATE JOINT RESOLUTION NO. 19
Relating to naming Anchorage as the location of the 2001 Special
Olympics World Winter Games.
PASSED SJR 19 OUT OF COMMITTEE
SENATE BILL NO. 49
"An Act repealing certain filing statements and bonds for
enforcement and collection of certain taxes and license fees;
relating to service of process on nonresident taxpayers; and
providing for an effective date."
PASSED SB 49 OUT OF COMMITTEE
HOUSE BILL NO. 108
"An Act relating to the crime victim compensation program; and
providing for an effective date."
PASSED HB 108 OUT OF COMMITTEE
SENATE BILL NO. 70
"An Act defining the offenses of unlawful discharge of a firearm;
and relating to the commission of those offenses by minors."
PASSED CSSB 70(JUD) OUT OF COMMITTEE
SENATE BILL NO. 63
"An Act providing for automatic waiver of juvenile jurisdiction and
prosecution of minors as adults for certain violations of laws by
minors who use deadly weapons to commit offenses that are crimes
against a person, and relating to the sealing of the records of
those minors."
PASSED SB 63 OUT OF COMMITTEE
SENATE BILL NO. 112
"An Act relating to marriage licenses; and transferring
responsibility for marriage licensing from judicial officers to the
state registrar of vital statistics."
PASSED CSSB 112(JUD) OUT OF COMMITTEE
SENATE BILL NO. 114
"An Act relating to contributions from employee compensation for
political purposes; and prohibiting certain kinds of discrimination
against employees for political purposes."
PASSED CSSB 114 OUT OF COMMITTEE
PREVIOUS SENATE COMMITTEE ACTION
SJR 19 - No previous Senate committee action.
SB 49 - See Labor and Commerce Committee minutes dated 2/11/97.
HB 108 - No previous Senate committee action.
SB 70 - See Health, Education and Social Services Committee minutes
dated 2/21/97.
SB 63 - No previous Senate committee action.
SB 112 - No previous Senate committee action.
SB 114 - See Senate Judiciary Committee minutes dated 3/19/97.
WITNESS REGISTER
Ethel Staton
P.O. Box 829
Sitka, AK 99835
Jim Balamaci, Executive Director
Special Olympics
21-410 2nd St.
Elmendorf AFB
Anchorage, AK 99506
POSITION STATEMENT: Supports SJR 19.
Mike Tibbles, Legislative Aide
Alaska State Capitol
Juneau, Alaska 99801-1182
POSITION STATEMENT: Testified for Representative Therriault,
sponsor of HB 108.
Anne D. Carpeneti
Assistant Attorney General
Department of Law
P.O. Box 110300
Juneau, AK 99811-0300
POSITION STATEMENT: Supports SB 70 if amended.
Robert Buttcane
Division of Family and Youth Services (DFYS)
Anchorage Intake Unit
550 W 8th Ave, Ste 304
Anchorage, AK 99501-3553
POSITION STATEMENT: Opposed to SB 63.
Doug Wooliver
Administrative Attorney
Alaska Court System
303 K Street
Anchorage, AK 99501-2084
POSITION STATEMENT: Supports SB 112.
John Cyr, President
National Education Association - Alaska
114 Second Street
Juneau, Alaska 99801
POSITION STATEMENT: Commented on SB 114.
Kathryn Thomas, Chair
Alaska State Chamber of Commerce
POSITION STATEMENT: Commented on SB 114.
ACTION NARRATIVE
TAPE 97-24, SIDE A
Number 00
CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to
order at 1:50 p.m. Present were Senators Pearce, Miller and
Taylor. The first order of business was the confirmation of Ethel
Staton to the Commission on Judicial Conduct.
ETHEL STATON testified via teleconference and provided the
following statement about her background. She is an Alaska Native,
was born and raised in Ketchikan, and moved to Sitka with her
family in 1955 where she owns the Log Cache Gifts and Jewelry
store. She is the director of Shee Atika, Inc. and has been
working for Native people since 1970. She serves on the Sitka
Advisory Board for Holland America, is serving her second term as
trustee of Sheldon Jackson College, and just completed a six-year
term on the Board of Governors of the Alaska Bar Association.
There being no questions for Ms. Staton, Chair Taylor thanked her
for her testimony and prior service to the State.
SJR 19 SPECIAL OLYMPICS WORLD WINTER GAMES
JOE AMBROSE , legislative assistant to Senator Taylor, prime sponsor
of SJR 19, read the following sponsor statement.
SJR 19 offers the support of the Alaska State Legislature to the
efforts of the Special Olympics World Winter Games Committee to
secure Anchorage as the site of the 2001 World Winter Games.
Chaired by Patti McGuire of Anchorage, and honorary chairman
Senator Ted Stevens, the committee is preparing for a site
inspection in April and formal presentation of its bid in May.
Mrs. McGuire has stated that the support of the Legislature is
crucial to the success of this effort.
The Special Olympics World Winter Games play a vital part in the
mission of Special Olympics International, founded by Mrs. Eunice
Kennedy Shriver. Special Olympics seeks to provide year-round
sports training and athletic competition for children eight years
old and older and for adults with mental retardation.
Holding the 2001 Winter Games in Anchorage will put the Alaska
Special Olympics program in the spotlight. The games will leave a
legacy that will allow Special Olympics in Alaska to expand and
include more of the indigenous people of our State.
The Game will also spotlight Anchorage and all of Alaska,
attracting as many as 6,000 athletes, coaches, family members and
volunteers. Holding the games in Anchorage will leave the
community with permanent improvements to existing winter sport
facilities and highlight Alaska for ten days during the winter
months.
Throughout the quest to locate the games in Anchorage, the Special
Olympics World Winter Games Committee will continue to emphasize
the real importance of this event. That is the opportunity it will
give to Special Olympians from around the world to experience the
joy of competition, demonstrate courage and share in the gifts,
skills and friendships that personify Special Olympics
International.
JIM BALAMACI , Executive Director of Special Olympics Alaska,
testified via teleconference and stated holding the Special
Olympics Games in Anchorage in 2001 would be one of the greatest
gifts that could be given to Alaska and to the world concerning
special olympics.
SENATOR PEARCE disclosed that she serves on the Board of Governors
for Alaska's Special Olympics. She thanked Senator Taylor for
sponsoring SJR 19 and moved SJR 19 out of committee with individual
recommendations. There being no objection, the motion carried.
SB 49 SERVICE OF PROCESS ON NONRES TAXPAYERS
CHAIRMAN TAYLOR noted no one was present to testify for SB 49
therefore he summarized Commissioner Condon's letter to the
committee as follows. SB 49 is a housekeeping measure that
discontinues the requirement for non-resident taxpayers to post a
tax bond as this requirement is no longer necessary. Corporations
tend to maintain permanent offices in Alaska and honor their tax
liabilities due to SEC regulations, licensing requirements and
audit procedures. The Department of Labor has its own bonding
requirements, and fish processors, the most volatile taxpayers, are
required to provide a specific surety bond under AS 44.25.040. In
addition to repealing the statute, six pages of regulations would
be rescinded, which Chair Taylor thought was a meritorious reason
to take up the legislation.
SENATOR PEARCE asked if SB 49 has any further committee referrals.
CHAIRMAN TAYLOR said the bill was already heard by the Senate Labor
and Commerce Committee, and has no further referrals.
SENATOR MILLER moved SB 49 from committee with individual
recommendations. There being no objection, the motion carried.
HB 108 CRIME VICTIM COMPENSATION PROGRAM
MIKE TIBBLES , legislative aide to Representative Therriault,
sponsor of HB 108, gave the following summary of the legislation.
Last year, Representative Martin, as Chairman of the Legislative
Budget and Audit Committee, identified a large number of zero
balance funds. He requested Co-chair Therriault to consider
deleting those funds via a House Finance Committee bill. Co-chair
Therriault and Representative Martin worked with the agencies
responsible for the funds to determine which inactive funds would
be least problematic to eliminate. The crime victim compensation
fund is one. Although this fund is tied to an active program, the
program will remain intact, but the appropriations will continue to
be made through the operating budget.
CHAIRMAN TAYLOR stated he checked into any impact that HB 108 might
have with House members who were involved in the creation of this
fund. It appears this fund has been inactive and has served no
useful function since 1983.
SENATOR MILLER moved HB 108 out of committee with individual
recommendations. There being no objection, the motion carried.
SB 70 UNLAWFUL DISCHARGE OF A FIREARM
SENATOR DAVE DONLEY , sponsor of the measure, explained that
currently in Alaska it is not a felony to shoot at a building or
dwelling unless one knows it is occupied. SB 70 makes it a felony
offense to fire a gun into a building and is the result of
frustration expressed by police officers when attempting to
prosecute for drive-by shootings. Under current law, unless proof
is available that the person shooting the firearm knew the house
was occupied at the time of the shooting, the offender can only be
charged with a misdemeanor, unless property damage was more than
$500, in which case the charge would be a class C felony.
CHAIRMAN TAYLOR asked Senator Donley how the proposed committee
substitute varies from the original bill.
SENATOR DONLEY said in the original bill he tried to address every
possible area of criminal law that might be impacted by such a
change. SB 70 restructured misconduct involving weapons
provisions, added shooting at a building to the list of crimes
requiring automatic waiver to adult court, added provisions for
possible impacts on the concealed weapons permit section, and
included this crime under the definition of most serious types of
crimes which is a trigger for the "three strikes" provision. That
comprehensive approach made the bill very complicated and was an
attempt to cover all possible scenarios. The proposed committee
substitute is very simple, and only deals with what it takes to
make it a felony to discharge a firearm in the direction of a
building.
SENATOR MILLER moved to adopt CSSB 70(JUD) (version O-LSO272\T) in
lieu of the original bill. There being no objection, CSSB 70(JUD)
was adopted.
Number 249
SENATOR DONLEY explained CSSB 70(JUD) contains an intent section to
clarify that discharge of a firearm at a building is a felony
whether the offender knew the building was occupied or not. Section
2 is the core of the bill and establishes that a person commits a
felony if he/she discharges a firearm in the direction of: an
occupied building; an unoccupied building with reckless disregard
for the risk of physical injury or damage; or a dwelling. The
intent of this section is to omit a scenario in which someone
shoots at an abandoned cabin in the woods, and was sure no one was
in the building. Section 3 clarifies that the circumstances in
Section 2 should be considered differently from circumstances under
an existing law that makes it a misdemeanor to recklessly disregard
risk of property damage or physical injury but does not involve
buildings.
Number 385
ANNE CARPENETI , Assistant Attorney General, testified that the
Department of Law supports CSSB 70(JUD) with one exception. At
present, discharging a firearm with reckless disregard for a risk
of damage to property or a risk of physical injury to a person is
a class A misdemeanor under the misconduct involving weapons
provision. The Department of Law believes that activity should
remain a misdemeanor because the new language on page 2, lines 13-
14 would make the act of shooting at an abandoned shack in the
woods a felony by specifying property damage in the bill. Under
current law, that activity is a property offense and is a
misdemeanor unless the damage caused is in excess of $500, in which
case the offense is a class B felony. Without that element
included in the bill, the bill's intent, to make it a felony to
shoot at buildings whether occupied or not, is addressed because a
culpable mental state does not have to be proved.
SENATOR PEARCE noted in her district a veterinary clinic and NAPA
store have been shot at several times during drive-by shootings.
Those buildings are adjacent to a home, and a childcare facility.
No one has been injured during those shootings, but people are in
the vet clinic at odd hours to care for the animals. She does not
believe the people involved in the drive-by shootings consider
whether the buildings are occupied. Senator Pearce felt it is
dangerous to shoot at a person, animal or tire, and that those
types of offenses ought to be felonies. She suggested describing,
by definition, the abandoned cabin scenario previously discussed.
Number 346
SENATOR DONLEY suggested removing the words "damage to property or
a risk of" on page 2, lines 13-14. He believed that would remove
the department's concern regarding property.
MS. CARPENETI said that would go a long way to address the
Department of Law's concerns regarding offenses strictly involving
property and in those cases, criminal law is focussed on the amount
of damage caused.
SENATOR PEARCE said in Anchorage these situations are occuring at
5:00 p.m., not in the middle of the night, and the offenders are
not concerned about whether they are only harming property. She
stated she did not want to wait for a person to have to shoot
another person before the offense becomes a felony.
MS. CARPENETI replied Senator Donley's suggested language would go
a long way to address the Department of Law's concerns.
CHAIRMAN TAYLOR did not think property damage was the focus of CSSB
70(JUD) and moved to amend page 2, line 13, by deleting the words
"damage to property or a risk of."
SENATOR PEARCE asked if the police would have to prove there might
have been a person in the building at the time of the shooting
before they could charge the offender with a felony.
Number 373
CHAIRMAN TAYLOR thought they would have to show a likelihood that
people could have been in the building. He explained that any
bullet shot at a building is going to cause physical damage, but
property damage statutes address that offense. If the concern in
this bill is about physical injury to a person in the building, one
would have to prove that the offense was committed with reckless
disregard, and the intent section in CSSB 70(JUD) changes the
requirement of proving that the offender knew someone was in the
building, to proving the act was so reckless they disregarded the
possibility.
SENATOR DONLEY thought the committee substitute will give
prosecutors some discretion regarding when they bring cases, and
judges the discretion to decide whether a particular level of
disregard was shown. The proposed amendment would also allow for
some discretion because if one shoots into a commercial building in
an urban area, it is very possible people are working in those
buildings at night.
MS. CARPENETI noted other statutes address similar instances, for
example, if a person is put in fear, the offender would be charged
with assault.
SENATOR DONLEY remarked the difference is that a victim must exist.
CSSB 70(JUD) does not require that a real person be present during
the shooting.
Number 419
SENATOR PEARCE commented any weekend employee at the vet clinic
will constantly wonder if another drive-by shooting will occur, so
whether another incidence occurs or not, the fear factor has
already been created.
SENATOR DONLEY thought that was true, but would not meet the
current definition in the assault statute because there must be an
immediate fear of injury.
CHAIRMAN TAYLOR stated the bill is stronger without the amendment
because the only standard that would need to be shown is that
someone fired with reckless disregard of property damage.
Number 435
SENATOR DONLEY said the definition of "recklessly" requires that
the risk must be of such a nature and degree that disregard of it
would constitute a gross deviation from the standard of conduct
that a reasonable person would observe in the situation. He
believed shooting into a building where people might be working
during the night would fit that definition.
CHAIRMAN TAYLOR withdrew his amendment. SENATOR PEARCE moved CSSB
70(JUD) from committee with individual recommendations and the
appropriate fiscal notes. There being no objection, the motion
carried.
SB 63 DEADLY WEAPON OFFENSES BY JUVENILES
SENATOR DONLEY , sponsor of the measure, stated legislation similar
to SB 63 passed the Senate during the last legislative session but
died in the House Finance Committee in the last days of the
session. If SB 63 passes, a person between the ages of 16 and 18
would automatically go to adult court for a second offense
involving assault with a deadly weapon. Senator Donley estimated
five or six juveniles would fall in this category per year.
Number 469
ROBERT BUTTCANE , a juvenile probation officer supervisor based in
Anchorage, testified DHSS is opposed to SB 63 as drafted because it
lowers the automatic waiver to include class B and C felony
offenses. DHSS does not believe SB 63 creates an appropriate
response for these types of crimes. It is likely that a person who
commits this type of an offense for a second time would be
institutionalized in a youth corrections facility and in that
environment would undergo a variety of treatment programs to
address and correct those behaviors. DHSS believes the dual
sentencing approach, established in HB 97, is a better response to
young repeat offenders as opposed to a waiver into the adult
system.
SENATOR MILLER said Mr. Buttcane is admitting the current system
does not work if a youth offender is out committing offenses for a
second time.
SENATOR PEARCE asked Mr. Buttcane if he knew whether anyone has
been charged in the drive-by shooting incident at the McLaughlin
Youth facility. MR. BUTTCANE said an investigation is underway,
but did not know whether any formal charges have been filed.
CHAIRMAN TAYLOR noted SB 63 has been narrowly crafted to only
impact a juvenile who was previously adjudicated for a similar
offense. He asked what percentage of youth offenders who violate
this law actually have their cases go through adjudication. MR.
BUTTCANE did not have those statistics available, but estimated
offenses against persons that are petitioned before the court total
69 percent; the other 31 percent might include cases where a 13
year old became involved in a domestic violence dispute with an
alcoholic mother, and used a metal pipe or other instrument that is
classified as a dangerous weapon.
CHAIRMAN TAYLOR asked, of the 69 percent that result in a petition
being filed, what portion end up with a formal adjudication. MR.
BUTTCANE guessed approximately 90 percent, but some of those cases
end in probation.
CHAIRMAN TAYLOR commented he served as standing master for six
years and only remembers a handful of formal adjudications.
Frequently the probation officer would work with the family and
offender and the outcome would be a dismissal based on corrective
activities taking place, similar to an SIS on the criminal side.
He said any of those offenders that received such treatment would
not fall within SB 63 because it requires the offender to have
already been adjudicated once. MR. BUTTCANE replied the response
Senator Taylor described is fairly common for property offenses,
but is not as common for cases involving physical injury.
Number 565
SENATOR PEARCE asked what charges were filed against the six
juveniles referred to in Senator Donley's sponsor statement.
SENATOR DONLEY replied he reviewed a record of assaults with deadl
weapons that showed the number of repeat offenders and the crimes
that were repeated that involved deadly weapons but the individual
case studies were not available. MR. BUTTCANE said he would
identify those cases to determine the original offenses and provide
that information to the committee at a later date.
SENATOR PEARCE commented she asked because she has compassion for
a young person, or anyone, in an abusive situation, and is aware
crimes are committed in those situations that society sometimes
views differently. She said the fact that only 6 people would have
fallen under this category in 1995, despite a 200 percent increase
in juvenile crime between 1990 and 1994, tells us this bill would
not apply to a large pool of people. She suggested investigating
the six cases to determine whether those juveniles are from abusive
situations however she cautioned we have to remember that people
are often charged for a lesser offense than the offense committed.
Number 584
SENATOR MILLER stated if the second offense is not dealt with
adequately, the third offense might result in a death. MR.
BUTTCANE replied he appreciated Senator Miller's comment, and
agreed that in some cases it does not matter what treatment is
provided, some minors simply grow old but do not grow up. He
noted, however, in the vast majority of youth cases, those kids get
their lives together and need to be given an opportunity to change
and grow. He repeated DHSS believes an automatic waiver into adult
court for these cases is not the preferred option.
TAPE 97-24, SIDE B
MARGOT KNUTH , Assistant Attorney General, representing the
Governor's Cabinet on Youth and Justice, clarified the
Administration's position on SB 63. The repeat offenders that SB
63 focusses on do not need to be coddled. The first thing
identified by the Conference on Youth and Justice is that a small
group of youth offenders are at risk of becoming serious, chronic
offenders, and the state needs to be in their faces every step of
the way. The offenders being discussed comprise that group which
consists of repeat class B or C felony offenders. Given that
traditional methods of dealing with these offenders have not proven
effective, 40 states, as well as Alaska, have looked to automatic
waiver as the solution. The Conference on Youth and Justice spent
nine months examining that approach and takes issue with it.
Instead of automatic waivers for these juveniles, the Conference is
proposing a dual sentencing scheme in which the offender receives
both a juvenile sentence and an adult sentence as if automatic
waiver occurred. This approach creates more interaction between
the state and the offender and allows for closer surveillance of
the offender. Dual sentences also place the responsibility on the
offender to comply with the juvenile sentence in order to stay out
of an adult institution. It is an escape valve for the offender
who can and/or wants to be rehabilitated. If those offenders do
not comply with court orders for treatment, commit another offense,
do not pay restitution, or whatever, the adult sentence is imposed.
MS. KNUTH commented the Coalition for Juvenile Justice recently
published an annual report that examined the transformations
occurring in the juvenile system, and discusses the popularity of
the automatic waiver approach. She read the following excerpt from
that report:
"The consequences of this trend toward greater adult handling of
juvenile offenders have been varied. There is generally a greater
need for court and prosecutorial resources because of higher
demands, especially since the more punitive results may result in
fewer guilty pleas and more demands for jury trials. Juveniles
transferred to, and tried in adult court, usually serve a
significantly longer period of time in pretrial detention awaiting
a trial date and with more educational and other resource demands
on the facility. Although the results of studies are mixed,
juveniles tried in adult court may receive more probation and
shorter sentences than in juvenile court, especially for offenses
other than homicide, rape, and robbery. Juveniles tried as adults
also frequently have higher recidivism rates, offend earlier after
release, and commit more serious offenses."
Ms. Knuth noted the three measures of the effectiveness of any
criminal justice system are: the recidivism rate, how soon
reoffenses occur; and whether more serious offenses are committed.
She stated the automatic waiver approach is showing some flaws.
Consequently, some experts are now recommending dual sentences
because they are more tailored, keep the offender invested in their
own conduct, provide an escape valve for those who are salvageable,
and eliminate the need to repeat proceedings for those who do not
comply.
SENATOR MILLER moved SB 63 from committee with individual
recommendations. There being no objection, the motion carried.
SENATOR DONLEY commented the fact that adult sentencing criteria
will be used for some repeat offenders will deter juveniles from
reoffending.
SB 112 MARRIAGE LICENSING FUNCTIONS
DOUG WOOLIVER , Alaska Court System, explained SB 112 transfers the
marriage license record function from the Court System to the
Bureau of Vital Statistics. SB 112 is supported by both the Court
System and Bureau, who jointly wrote the bill and believe it would
be more efficient for the Bureau to manage marriage licenses.
Under SB 112, in those locations where a Bureau of Vital Statistics
office exists (Fairbanks, Anchorage, and Juneau), the issuance of
marriage licenses will be performed by employees of the Bureau.
In the other locations, court employees will continue to act as
local registrars for the Bureau and issue marriage licenses, as
they have always done.
CHAIRMAN TAYLOR asked for an explanation of the proposed amendment.
MR. WOOLIVER replied Section 4 was unintentionally added and would
be deleted by the proposed amendment. He added SB 112 is part of
the Court System's plan to divest itself of the non-judicial
functions that can be better performed by other agencies, for
example, the coroner's office was moved to DHSS last year.
Additionally, the Bureau of Vital Statistics moved some other
recording functions to their Anchorage, Juneau, and Fairbanks
offices, but that change did not require legislation. SB 112 will
complete one aspect of the vital records shift.
CHAIRMAN TAYLOR offered amendment #1 which reads as follows:
Page 3, lines 1-11:
Delete all material.
Renumber the following bill sections accordingly.
He explained the amendment would still require District Court
judges and magistrates to record birth, death, and marriage
certificates. There was no objection to amendment #1, therefore it
was adopted.
SENATOR MILLER noted he was not aware that marriage commissioners
had the power to issue marriage licenses. MR. WOOLIVER stated only
the Court can issue the license. SENATOR MILLER asked why Section
5 deletes the language "issue marriage licenses and." MR. WOOLIVER
explained that language is being deleted because marriage
commissioners have not issued marriage licenses for years.
SENATOR MILLER moved SB 112 out of committee with individual
recommendations. There being no objection, the motion carried.
SB 114 EMPLOYEES: POLITICAL CONTRIB & ACTIVITIES
SENATOR PEARCE moved to adopt CSSB 114(JUD) (3/24, version E)
in lieu of the original bill.
SENATOR MILLER explained the committee substitute contains two
amendments: the 12 month requirement was changed to one calendar
year; and the recordkeeping requirement was changed from three
years to four years. Both changes were requested by APOC.
CHAIRMAN TAYLOR announced there were no objections to the adoption
of CSSB 114(JUD), therefore the motion carried.
JOHN CYR , President of NEA-Alaska, described how NEA's political
action committee (PAC) functions. When new employees begin work in
a school district, they are asked whether they want to join NEA.
If they elect to join, they fill out a form that lists the dues
amount and contains a section for a $15 annual PAC contribution.
The first time payroll contributions are withheld, NEA sends the
employees a form asking whether they want their PAC contribution
refunded or diverted to another area. NEA uses that format for a
specific reason. There are 53 or 54 school districts.
Standardizing the dues amount is beneficial to school districts
because it minimizes accounting procedures. Of the 10,000 school
district employees, about 1,000 request the $15 PAC deduction be
reimbursed. NEA reimburses as soon as it has confirmation that
those people are employees or members. This system removes any
liability from the school districts and allows employees to decide
whether to contribute to NEA's PAC in the privacy of their own
homes so the school districts do not know who contributes. NEA
does not do any political campaining to raise money in schools; the
process is done uniformly. NEA maintains the files and believes
this system is cleanest.
SENATOR PEARCE referred to page 2, lines 7-14, subsection (b), and
asked whether NEA members have to notify NEA every year whether or
not they want a reimbursement. MR. CYR replied NEA sends a form to
every member, every fall, asking whether they want a reimbursement.
SENATOR PEARCE asked if those members are also given the
opportunity to terminate their memberships. MR. CYR answered yes.
Number 382
SENATOR PEARCE commented one member she knows of objects to the
fact that every year she has to request the $15 reimbursement and
would prefer that NEA automatically refund the money unless she
notifies it of a change. MR. CYR said NEA would be willing to use
a form that provides for an automatic refund unless it is notified
otherwise.
CHAIRMAN TAYLOR noted because the membership is continuing, one
avoids the obligation by requesting from one's union that he/she be
reimbursed for money already withheld.
MR. CYR said the money is reimbursed before it is withheld. He
explained NEA deducts dues and the PAC contribution monthly and
might deduct $30 for dues and $1.50 for the PAC. With the first
monthly deduction, the member receives a card asking if he/she
wants the $15.00 reimbursement and if so, the money is reimbursed.
That bookkeeping system is used because it is easier for both NEA
and the school districts.
Number 343
SENATOR MILLER stated the members could be automatically reimbursed
unless they notify NEA to continue the deduction. He did not have
a preference for methods but he felt continuing the reimbursement,
once the member has requested it and until the member requests
otherwise, should be reviewed further.
MR. CYR explained NEA sends the reimbursement forms to every member
each year and would continue to do so even if it changed it's
approach, so that members could easily notify NEA of any changes
they desired.
SENATOR PEARCE thought the amended language on page 2, lines 13-14,
that states the written notification is valid for only one calendar
year, works against an automatic reimbursement or contribution
until notified differently. CHAIRMAN TAYLOR clarified the member
will have to authorize the deduction before any money is taken from
the check. If the member does not file the next year, no money can
be deducted. If a member wanted to make an ongoing ten-year
contribution to the NEA PAC, he/she would have to fill out ten
authorization forms.
Number 304
SENATOR PEARCE said the school district will have an increased
administrative cost if it can no longer withhold a standard
deduction from everyone's check and has to send out forms to each
member. She thought there may be a less burdensome way to achieve
the goal of ensuring members' money is not automatically deducted
for PACs.
CHAIRMAN TAYLOR emphasized the school district will only deduct
money for the PAC if the member notifies the school district to do
so. The person who does not choose to participate does not have to
file anything.
MR. CYR noted the liability question needs to be addressed. At
this point, NEA is totally liable. NEA has an arbitration hearing
every year. All records are kept by NEA and are open to any
member. If the school districts handle the paperwork, the
liability will be placed on them. Not only will the school
districts have the expense of processing the paperwork, they may
have legal expenses.
Number 244
KATHRYN THOMAS , Chair of the Alaska State Chamber of Commerce,
testified in support of CSSB 114(JUD) because it fairly provides
for the individual rights of employees. The State Chamber does not
believe the bookkeeping requirements are burdensome on the
employer, however it does believe the activity of dues collection
and payment is most appropriately handled directly between unions
and its members.
CHAIRMAN TAYLOR asked if Ms. Thomas was suggesting the legislation
should be expanded to require union members who want to send checks
to the union do so independently. MS. THOMAS thought a lot of
employers would support that.
CHAIRMAN TAYLOR stated committee staff is reviewing the liability
issue as well as whether APOC or the Department of Labor is the
appropriate agency to be involved. He said his concern is that an
agency have proper oversight so that the union member has someone
to appeal to. He noted those issues can be discussed as the bill
gets closer to the floor.
SENATOR MILLER moved CSSB 114(JUD) out of committee with individual
recommendations. There being no objection, the motion carried.
The meeting was adjourned at 3:20 p.m.
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