ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                        February 1, 2008                                                                                        
                           1:09 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Jay Ramras, Chair                                                                                                
Representative Nancy Dahlstrom, Vice Chair                                                                                      
Representative John Coghill                                                                                                     
Representative Ralph Samuels                                                                                                    
Representative Lindsey Holmes                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Bob Lynn                                                                                                         
Representative Max Gruenberg                                                                                                    
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 286                                                                                                              
"An Act relating to impersonating a public servant."                                                                            
                                                                                                                                
     - MOVED HB 286 OUT OF COMMITTEE                                                                                            
                                                                                                                                
HOUSE BILL NO. 281                                                                                                              
"An Act extending the statute of limitations for the filing of                                                                  
complaints with the Alaska Public Offices Commission involving                                                                  
state election campaigns."                                                                                                      
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
HOUSE BILL NO. 237                                                                                                              
"An Act  authorizing the governor  to remove or suspend  a member                                                               
of the  Board of  Regents of  the University  of Alaska  for good                                                               
cause; establishing a procedure for  the removal or suspension of                                                               
a regent; and providing for an effective date."                                                                                 
                                                                                                                                
     - BILL HEARING CANCELED                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 286                                                                                                                  
SHORT TITLE: IMPERSONATING A PUBLIC SERVANT                                                                                     
SPONSOR(S): REPRESENTATIVE(S) DAHLSTROM                                                                                         
                                                                                                                                
01/04/08       (H)       PREFILE RELEASED 1/4/08                                                                                
01/15/08       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/15/08       (H)       JUD                                                                                                    
02/01/08       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: HB 281                                                                                                                  
SHORT TITLE: CAMPAIGN FINANCE COMPLAINTS                                                                                        
SPONSOR(S): REPRESENTATIVE(S) LYNN, GATTO                                                                                       
                                                                                                                                
01/04/08       (H)       PREFILE RELEASED 1/4/08                                                                                
01/15/08       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/15/08       (H)       STA, JUD                                                                                               
01/17/08       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
01/17/08       (H)       Heard & Held                                                                                           
01/17/08       (H)       MINUTE(STA)                                                                                            
01/19/08       (H)       STA AT 11:00 AM CAPITOL 106                                                                            
01/19/08       (H)       Moved CSHB 281(STA) Out of Committee                                                                   
01/19/08       (H)       MINUTE(STA)                                                                                            
01/22/08       (H)       STA RPT CS(STA) NT 1DP 3NR 2AM                                                                         
01/22/08       (H)       DP: LYNN                                                                                               
01/22/08       (H)       NR: ROSES, COGHILL, DOLL                                                                               
01/22/08       (H)       AM: JOHNSON, JOHANSEN                                                                                  
01/22/08       (H)       FIN REFERRAL ADDED AFTER JUD                                                                           
01/25/08       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
01/25/08       (H)       -- MEETING CANCELED --                                                                                 
02/01/08       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
JENNIFER BAXTER, Staff                                                                                                          
to Representative Nancy Dahlstrom                                                                                               
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented HB 286 on behalf of the sponsor,                                                               
Representative Dahlstrom.                                                                                                       
                                                                                                                                
GARY "ROB" COX, President                                                                                                       
Public Safety Employees Association, Inc. (PSEA);                                                                               
State Trooper                                                                                                                   
B Detachment                                                                                                                    
Division of Alaska State Troopers                                                                                               
Department of Public Safety (DPS)                                                                                               
Palmer, Alaska                                                                                                                  
POSITION STATEMENT:  Speaking on behalf of both the PSEA and the                                                              
DPS, provided comments and responded to questions during                                                                        
discussion of HB 286, and urged its passage.                                                                                    
                                                                                                                                
RICK SVOBODNY, Deputy Attorney General                                                                                          
Central Office                                                                                                                  
Criminal Division                                                                                                               
Department of Law (DOL)                                                                                                         
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Responded to questions during discussion of                                                              
HB 286.                                                                                                                         
                                                                                                                                
JEFFREY LANDVATTER                                                                                                              
Public Safety Employees Association, Inc. (PSEA);                                                                               
State Trooper                                                                                                                   
A Detachment                                                                                                                    
Division of Alaska State Troopers                                                                                               
Department of Public Safety (DPS)                                                                                               
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Provided comments during discussion of                                                                   
HB 286.                                                                                                                         
                                                                                                                                
MIKE SICA, Staff                                                                                                                
to Representative Bob Lynn                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented HB 281 on behalf of                                                                            
Representative Lynn, one of the bill's joint prime sponsors.                                                                    
                                                                                                                                
REPRESENTATIVE CARL GATTO                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Spoke as a joint prime sponsor of HB 281.                                                                
                                                                                                                                
BROOKE MILES, Director                                                                                                          
Alaska Public Offices Commission (APOC)                                                                                         
Department of Administration (DOA)                                                                                              
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Provided comments and responded to                                                                       
questions during discussion of HB 281.                                                                                          
                                                                                                                                
JOYCE ANDERSON, Ethics Committee Administrator                                                                                  
Select Committee on Legislative Ethics                                                                                          
Alaska State Legislature                                                                                                        
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Provided comments and responded to                                                                       
questions during discussion of HB 281.                                                                                          
                                                                                                                                
REPRESENTATIVE CRAIG JOHNSON                                                                                                    
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Offered  a  comment  during discussion  of                                                             
HB 281.                                                                                                                         
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR JAY  RAMRAS called the  House Judiciary  Standing Committee                                                             
meeting  to  order  at  1:09:53   PM.    Representatives  Holmes,                                                             
Dahlstrom, Coghill, Samuels, and Ramras  were present at the call                                                               
to order.  Representatives Gruenberg and Lynn were excused.                                                                     
                                                                                                                                
HB 286 - IMPERSONATING A PUBLIC SERVANT                                                                                       
                                                                                                                                
1:10:10 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced that the  first order of business would be                                                               
HOUSE BILL  NO. 286, "An  Act relating to impersonating  a public                                                               
servant."                                                                                                                       
                                                                                                                                
REPRESENTATIVE  DAHLSTROM, speaking  as  the sponsor  of HB  286,                                                               
explained that the bill will  increase the penalty for unlawfully                                                               
impersonating a  peace officer  to a  class C  felony; currently,                                                               
impersonating a public  servant, including a peace  officer, is a                                                               
[class B] misdemeanor.   In today's society,  she observed, there                                                               
are  those who  use such  deception as  part of  a criminal  act,                                                               
luring  unsuspecting  victims into  a  false  sense of  security.                                                               
Intentionally misleading  people in this  way should have  a more                                                               
severe penalty  than is currently  provided, she opined,  and the                                                               
bill adds  teeth to existing  law.   She also indicated  that her                                                               
hope  is  that  this  increased  penalty will  also  serve  as  a                                                               
deterrent to those  who would put the lives and  safety of people                                                               
in jeopardy by pretending to be a peace officer.                                                                                
                                                                                                                                
1:12:18 PM                                                                                                                    
                                                                                                                                
JENNIFER BAXTER, Staff to  Representative Nancy Dahlstrom, Alaska                                                               
State   Legislature,   relayed   on  behalf   of   Representative                                                               
Dahlstrom,  sponsor, that  HB 286  adds to  existing law  another                                                               
crime,  specifically that  of impersonating  a public  servant in                                                               
the  first  degree -  pretending  to  be  a  peace officer.    In                                                               
response to  questions, she  said that  the current  penalty [for                                                               
impersonating a  public servant] is  a class B  misdemeanor; that                                                               
misdemeanor  crimes don't  generally subject  the perpetrator  to                                                               
[much  if  any] jail  time  unless  he/she  has a  significant  a                                                               
criminal history; and that the  reason for providing a penalty of                                                               
a class C felony is  that Legislative Legal and Research Services                                                               
indicated  that  that would  be  the  appropriate next  level  of                                                               
penalty.                                                                                                                        
                                                                                                                                
REPRESENTATIVE COGHILL, acknowledging  that someone could falsely                                                               
use a  peace officer's  position of authority  to gain  access to                                                               
potential  victims, noted  that under  the bill,  impersonating a                                                               
peace  officer would  be a  felony even  if nothing  bad resulted                                                               
from that behavior.                                                                                                             
                                                                                                                                
REPRESENTATIVE DAHLSTROM  offered her belief that  passage of the                                                               
bill  will   allow  law  enforcement  officials   to  immediately                                                               
incarcerate a  person who  is impersonating  a peace  officer and                                                               
seize  the vehicle  and/or  other equipment  he/she  is using  to                                                               
further that impersonation.                                                                                                     
                                                                                                                                
REPRESENTATIVE  COGHILL said  he is  questioning why  they should                                                               
make certain  behavior a felony  if that behavior  doesn't result                                                               
in something bad occurring.                                                                                                     
                                                                                                                                
REPRESENTATIVE HOLMES, noting that  AS 11.56.830(a) says in part,                                                               
"the person pretends  to be a public servant and  does any act in                                                               
that capacity", questioned what "any  act in that capacity" would                                                               
entail.  She  surmised that the bill is not  intended to apply to                                                               
someone who dresses up as a police officer on Halloween.                                                                        
                                                                                                                                
1:17:16 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS  posited that  the existing  statute could  apply to                                                               
someone  who [falsely]  claims to  be  working for  the State  of                                                               
Alaska.                                                                                                                         
                                                                                                                                
MS. BAXTER,  with regard to  the issue  of people dressing  up as                                                               
police officers on  Halloween, confirmed that the  bill would not                                                               
apply in those situations because  those people are not acting in                                                               
the capacity  of peace  officers.   With regard  to the  issue of                                                               
making it  a class C felony  to impersonate a peace  officer, she                                                               
said that  the goal is to  target those who intend  to cause harm                                                               
by  impersonating  law  enforcement personnel  specifically,  and                                                               
mentioned that "peace officer" is defined [in AS 11.81.900] as:                                                                 
                                                                                                                                
     (44) "peace  officer" means a public  servant vested by                                                                    
     law with  a duty  to maintain public  order or  to make                                                                    
     arrests, whether  the duty extends  to all  offenses or                                                                    
     is  limited   to  a  specific  class   of  offenses  or                                                                    
     offenders;                                                                                                                 
                                                                                                                                
MS. BAXTER offered her understanding  that some specific examples                                                               
of  persons  impersonating  peace   officers  will  be  provided,                                                               
including examples  in which no  harm had  yet been caused.   She                                                               
too  offered her  hope  that passage  of  HB 286  will  act as  a                                                               
deterrent to those considering impersonating a peace officer.                                                                   
                                                                                                                                
1:20:24 PM                                                                                                                    
                                                                                                                                
GARY "ROB"  COX, President, Public Safety  Employees Association,                                                               
Inc.  (PSEA); State  Trooper, B  Detachment,  Division of  Alaska                                                               
State  Troopers, Department  of  Public  Safety (DPS),  indicated                                                               
that  the  PSEA appreciates  the  introduction  of  HB 286.    He                                                               
surmised  that  most  people  have  heard  of  incidents  wherein                                                               
someone has impersonated  a peace officer, and  that those people                                                               
have felt  some form of shock  and anguish upon hearing  of those                                                               
incidents regardless of  their outcome.  He said he  knows of two                                                               
such  impersonators  in  the  Matanuska-Susitna  (MAT-SU)  valley                                                               
alone,  and  of  others  elsewhere.    Currently,  the  crime  of                                                               
impersonating a  peace officer is  merely a class  B misdemeanor,                                                               
which,  he remarked,  is  slightly more  serious  than a  traffic                                                               
violation and is seldom prosecuted.   He noted that although none                                                               
of the Alaska cases that he is  aware of have yet resulted in the                                                               
injury, death,  or sexual assault of  the impersonator's victims,                                                               
those  victims with  whom he  has  spoken all  relayed that  they                                                               
experienced extreme fear.                                                                                                       
                                                                                                                                
MR. COX  offered his belief  that the  Alaska cases seem  to have                                                               
been motivated  by "ego, experimentation,  or some  twisted sense                                                               
of  'fun.'"   Because  real law  enforcement  officers have  been                                                               
swift to  apprehend the impersonators  in the Alaska  cases, none                                                               
of those  cases had  ugly outcomes.   However, other  states have                                                               
not been  so fortunate; the  impersonation of a peace  officer in                                                               
those  states  has  resulted in  real  law  enforcement  officers                                                               
having  to  investigate the  ensuing  murder,  assault, and  rape                                                               
crimes  that  those impersonators  have  perpetrated.   The  most                                                               
recent perpetrator  in the  Mat-Su valley  was apprehended  a few                                                               
weeks ago.   Both state and  local police had been  searching for                                                               
this individual  for some time,  and he had once  previously been                                                               
charged with  impersonating a public  servant but had  never been                                                               
prosecuted for or convicted of that crime.                                                                                      
                                                                                                                                
MR. COX  said that  even though that  individual had  flashed his                                                               
vehicle's red  and blue  lights at  citizens, the  trooper didn't                                                               
arrest the  individual for  the crime  of impersonating  a public                                                               
servant  because  he  believed  that it  was  not  an  arrestable                                                               
offense.   Fortunately,  the individual  had also  been drinking,                                                               
and so he was arrested for  driving under the influence (DUI) and                                                               
his vehicle  and "peace officer equipment"  was impounded "before                                                               
he could do anything really ugly."   Mr. Cox characterized HB 286                                                               
as  being  good for  both  Alaska  and law  enforcement  agencies                                                               
because  it  increases  the penalty  for  impersonating  a  peace                                                               
officer  to  a  felony;  the bill  will  enable  law  enforcement                                                               
officers  to,   with  probable  cause,   stop  and   arrest  such                                                               
impersonators, and  will strongly discourage  such impersonations                                                               
"by would-be pranksters or egomaniacs."                                                                                         
                                                                                                                                
MR. COX, in conclusion, opined  that HB 286 enhances mutual trust                                                               
and demonstrates  real commitment to  the safety of  Alaskans and                                                               
the  state's  law  enforcement  officers.     The  PSEA  and  law                                                               
enforcement officers,  he relayed, strongly encourage  passage of                                                               
the bill.                                                                                                                       
                                                                                                                                
1:25:13 PM                                                                                                                    
                                                                                                                                
MR. COX,  in response to  questions, said that although  an exact                                                               
police/trooper uniform  is difficult to come  by, perpetrators of                                                               
this crime don't find it necessary  to dress up in such a uniform                                                               
because everyone  is familiar  with the  fact that  both off-duty                                                               
and  plain-cloths  officers  make  traffic  stops  and  otherwise                                                               
contact  the public.   The  aforementioned  individual, in  fact,                                                               
actually told  a real police officer  that he was merely  an off-                                                               
duty state  trooper, and his  car looked like an  unmarked police                                                               
car.  Furthermore, anybody can  purchase the emergency lights and                                                               
radio   equipment  used   by  real   law  enforcement,   and  the                                                               
aforementioned individual had  done so, though he  later put that                                                               
equipment up  for sale on  "E-Bay."   Mr. Cox surmised  that with                                                               
the car and the equipment, it  would have been very difficult, if                                                               
not  impossible, for  someone to  differentiate the  impersonator                                                               
from an authentic peace officer.                                                                                                
                                                                                                                                
REPRESENTATIVE  SAMUELS asked  whether the  bill would  also make                                                               
impersonating  a  peace officer  over  the  telephone a  class  C                                                               
felony.                                                                                                                         
                                                                                                                                
MR. COX said  that even over the phone, when  he tells someone he                                                               
is a  trooper, that person  automatically trusts him and  is much                                                               
more  open to  providing  personal information  such  as date  of                                                               
birth and social security number.                                                                                               
                                                                                                                                
CHAIR  RAMRAS  surmised  that under  the  bill,  impersonating  a                                                               
public servant other than a peace  officer would remain a class B                                                               
misdemeanor,  and impersonating  a peace  officer would  become a                                                               
class C felony.                                                                                                                 
                                                                                                                                
MS.  BAXTER   concurred;  specifically,  impersonating   a  peace                                                               
officer  would be  impersonating a  public servant  in the  first                                                               
degree,  [and  impersonating any  other  type  of public  servant                                                               
would be impersonating a public servant in the second degree].                                                                  
                                                                                                                                
CHAIR RAMRAS opined  that impersonating a peace  officer over the                                                               
phone doesn't pose  the same danger or instill the  same sense of                                                               
fear as doing so in person.                                                                                                     
                                                                                                                                
REPRESENTATIVE  DAHLSTROM  disagreed,  and pointed  out  that  if                                                               
either she  or her children were  at home by themselves  and they                                                               
received a call from someone claiming  to be a peace officer [but                                                               
suspected  that  to  be  a  false  claim],  that  would  be  very                                                               
disturbing, especially  if that  person then  started threatening                                                               
them.                                                                                                                           
                                                                                                                                
MR.  COX pointed  out  that with  the  proliferation of  cellular                                                               
telephones,  the  impersonator  could  actually  be  calling  the                                                               
victim  right  from  his/her  own   driveway;  just  because  the                                                               
impersonator is on  the phone doesn't diminish the  danger or the                                                               
threat that he/she poses.                                                                                                       
                                                                                                                                
CHAIR  RAMRAS  noted that  a  person  could impersonate  a  peace                                                               
officer over the Internet as well.                                                                                              
                                                                                                                                
REPRESENTATIVE  COGHILL asked  whether  the DOL  would treat  the                                                               
crime of impersonating  a public servant in the  first degree the                                                               
same way  it treats other  class C felonies.   He noted  that the                                                               
term  "public servant"  refers to  many people  other than  peace                                                               
officers.                                                                                                                       
                                                                                                                                
1:35:08 PM                                                                                                                    
                                                                                                                                
RICK SVOBODNY, Deputy Attorney  General, Central Office, Criminal                                                               
Division,  Department  of Law  (DOL),  offered  that although  in                                                               
general  there are  not provisions  of law  wherein a  particular                                                               
conduct jumps  from a class  B misdemeanor  to a class  C felony,                                                               
that's  not to  say  that making  a  crime a  class  C felony  is                                                               
inappropriate,  because that's  simply a  public policy  question                                                               
regarding  how serious  the offense  is.   Mr.  Svobodny said  he                                                               
takes some  exception to the  statement by  Mr. Cox that  class B                                                               
misdemeanors don't  get prosecuted;  rather, perhaps  it's simply                                                               
that class B misdemeanors aren't  being submitted for prosecution                                                               
by  law  enforcement  officers   because  those  offenses  aren't                                                               
perceived as  being serious.   Furthermore, he relayed,  he would                                                               
like  to  hear  about  district   attorney  offices  that  aren't                                                               
prosecuting  cases   simply  based  of  the   classification  the                                                               
legislature chose for a particular offense.                                                                                     
                                                                                                                                
MR.  SVOBODNY explained  that the  difference between  a class  C                                                               
felony and a class B misdemeanor  is that the maximum penalty for                                                               
the latter  is 90 days in  jail, whereas the maximum  penalty for                                                               
the former  is five years  in jail.   However, that's not  to say                                                               
that those are the sentences a  person will receive.  In response                                                               
to a question,  he explained that a person convicted  of a felony                                                               
loses the  right to carry a  concealable firearm for a  period of                                                               
time,  and has  some other  restrictions placed  on him/her  with                                                               
regard to voting  rights and jury duty.   Furthermore, outside of                                                               
any  legal  impediments,  society imposes  other  impediments  to                                                               
convicted  felons  such as  difficulty  in  obtaining bonding  or                                                               
employment.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  COGHILL observed  that  some felons  can also  be                                                               
precluded from working with vulnerable  people.  He said he wants                                                               
to  ensure  that  the  proposed  increase  in  penalty  is  truly                                                               
warranted and will only be applied  to those who actually do pose                                                               
a danger to society.                                                                                                            
                                                                                                                                
1:39:54 PM                                                                                                                    
                                                                                                                                
MR. SVOBODNY, in  response to a question,  explained that current                                                               
law  makes   no  distinction  between  impersonating   [a  public                                                               
servant] remotely  - via  any type  of device -  and doing  it in                                                               
person; impersonating a police officer,  again, whether in person                                                               
or over the telephone [or Internet],  is currently only a class B                                                               
misdemeanor.  Furthermore, people's  imaginations are fertile and                                                               
there  could  be circumstances,  he  surmised,  wherein a  victim                                                               
could be substantially  more afraid if the  impersonation is done                                                               
over the phone as opposed to in person.                                                                                         
                                                                                                                                
CHAIR RAMRAS questioned  whether the bill would make  a felon out                                                               
of  someone who  calls up  his/her friend  and pretends  to be  a                                                               
trooper or police officer simply as a joke.                                                                                     
                                                                                                                                
MR.  SVOBODNY  explained that  the  culpable  mental state  which                                                               
applies under the  bill is that one must  knowingly impersonate a                                                               
peace  officer and  must  knowingly engage  in an  act  - in  the                                                               
aforementioned  hypothetical  example,  the  act  is  the  verbal                                                               
communication -  so although the person  has technically violated                                                               
the law, under  the American system of  justice, prosecutors have                                                               
the discretion to determine that  a crime wasn't really committed                                                               
in  such  a  case  since  there was  no  intent  to  cause  harm.                                                               
However, because  current statute  doesn't specify that  there be                                                               
an intent to  harm, the actions in the  aforementioned example do                                                               
constitute  a  crime.    He  remarked  that  in  1978,  when  the                                                               
legislature passed  the current  statute, there  was a  very good                                                               
reason,  particularly   for  a  class  B   misdemeanor,  for  not                                                               
requiring  intent:    the  behavior  of  impersonating  a  public                                                               
servant  scares people.    For  example, he  added,  if his  wife                                                               
received a  phone call  from somebody who  said he/she  works for                                                               
City &  Borough of  Juneau (CBJ)  and needs  to know  whether the                                                               
electrical  meter was  located  inside the  house  - whether  the                                                               
person was  playing around or not  - that would scare  her if she                                                               
ultimately  found out  that that  person was  not who  he/she was                                                               
pretending to be.                                                                                                               
                                                                                                                                
CHAIR RAMRAS said he is  simply questioning whether such behavior                                                               
rises to the level of a class C felony.                                                                                         
                                                                                                                                
REPRESENTATIVE   DAHLSTROM,    referring   to    Chair   Ramras's                                                               
hypothetical example, pointed out that  such a person would never                                                               
even  come to  the  attention of  police  and prosecutors  unless                                                               
his/her friend filed  a complaint about the  behavior, whereas if                                                               
she were  to receive a call  from someone claiming to  be a peace                                                               
officer  and she  [suspected that  that claim  wasn't true],  she                                                               
would  call the  police  because  she would  assume  that if  the                                                               
person  has her  phone  number, he/she  probably  also knows  her                                                               
address, what she looks like,  and perhaps even what her schedule                                                               
is.                                                                                                                             
                                                                                                                                
MR. SVOBODNY concurred, adding that even  though it is a crime to                                                               
punch another  person, for example,  no one reports  that his/her                                                               
four-year-old child hit an older  sibling.  Similarly, people who                                                               
are simply joking  around with each other over the  phone are not                                                               
going to be dealt with via criminal law.                                                                                        
                                                                                                                                
CHAIR  RAMRAS  again  questioned whether  impersonating  a  peace                                                               
officer over  the phone rises to  the level of a  class C felony,                                                               
or whether such behavior should remain a class B misdemeanor.                                                                   
                                                                                                                                
MR. SVOBODNY  again said he  could conceive of a  situation where                                                               
impersonating  a  peace officer  over  the  phone could  be  more                                                               
frightening  for the  victim  than  if it  were  done in  person.                                                               
Though,  as a  general  rule, he  acknowledged, distance  between                                                               
parties  lessens  the  fear.     With  regard  to  Representative                                                               
Dahlstrom's comment, he added, if  the person calling her doesn't                                                               
yet  have her  address,  he/she  can easily  obtain  it over  the                                                               
Internet - that's a very frightening  thing to a lot of people in                                                               
this country.                                                                                                                   
                                                                                                                                
1:50:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HOLMES  suggested that  given  that  there is  no                                                               
mental state  required for the  class B misdemeanor  provided for                                                               
under current  law, perhaps  there needs to  be a  higher barrier                                                               
when raising the behavior to class C felony.                                                                                    
                                                                                                                                
MR. SVOBODNY suggested that there  should be three levels of this                                                               
offense:    a class  B  misdemeanor  for impersonating  a  public                                                               
servant;  a  class  A  misdemeanor  for  impersonating  a  public                                                               
servant with  the intent to  do harm; and  a class C  felony when                                                               
impersonating a  peace officer with  the intent  to do harm.   He                                                               
added:                                                                                                                          
                                                                                                                                
     I think it's  got to be a very scary  thing if somebody                                                                    
     comes to  your door, knocks  on the door, and  wants to                                                                    
     get  access to  your house  under the  ruse of  being a                                                                    
     building  inspector.    And   that  may  well  be  more                                                                    
     frightening  than somebody  calling  on  the phone  and                                                                    
     saying they're from the Benevolent  Order of Police and                                                                    
     please  contribute   $100.  ...  They're   both  really                                                                    
     intending  to do  harm ...  but  it seems  to me  there                                                                    
     ought to be maybe a gradation of what happens here.                                                                        
                                                                                                                                
REPRESENTATIVE HOLMES again asked what  the phrase, "and does any                                                               
act in that capacity" would entail.                                                                                             
                                                                                                                                
MR. SVOBODNY said  that since the word, "act" is  not yet defined                                                               
in statute,  one would have  to use the dictionary  definition of                                                               
what  an  "act"  entails.    So  for  the  crime  of  terroristic                                                               
threatening,  for example,  repeated acts  are required,  and the                                                               
appellate courts have  indicated that a communication  is an act.                                                               
Therefore,  he  surmised,  to  communicate  a  certain  piece  of                                                               
information would constitute an act -  a verbal act.  With regard                                                               
to a  person dressing  up as  a police  officer on  Halloween, he                                                               
posited that  in order for  the bill to  apply to such  a person,                                                               
he/she would  have to commit  an act in  the capacity of  a peace                                                               
officer, such as attempting to restrain or arrest someone.                                                                      
                                                                                                                                
1:54:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DAHLSTROM  observed that sometimes an  act doesn't                                                               
have to be  an overt act; someone dressed up  as a peace officer,                                                               
or driving  a vehicle that  looks like a peace  officer's vehicle                                                               
can  elicit  certain reactions  from  people  even if  no  verbal                                                               
exchange takes place.                                                                                                           
                                                                                                                                
REPRESENTATIVE  COGHILL   said  he   tends  to  agree   with  Mr.                                                               
Svobodny's  suggestion regarding  having three  levels of  crime.                                                               
Many public servants have certain  authority over others, such as                                                               
employees  of  the  Office  of   Children's  Services  (OCS)  and                                                               
building  inspectors, and  sometimes  individuals  have posed  as                                                               
such  employees in  order to  obtain  information.   Furthermore,                                                               
when being directed  to pull over by a vehicle  that has flashing                                                               
lights, a  person may not be  aware that he/she is  about to find                                                               
himself/herself  in  a  dangerous  situation.    With  regard  to                                                               
playing pranks by impersonating  someone, he acknowledged that as                                                               
a  teenager, he  and his  friends  perhaps did  some things  they                                                               
shouldn't have because  they didn't realize the  gravity of their                                                               
actions, and so he would not want  to saddle such a person with a                                                               
class C felony.   However, some people really are  bad actors and                                                               
they intend to  do bad things to others by  using the position of                                                               
trust that  society has  generally [granted],  and so  he doesn't                                                               
mind, he  relayed, making those  bad actors felons,  because, for                                                               
him, such behavior rises to that level.                                                                                         
                                                                                                                                
REPRESENTATIVE DAHLSTROM, in response to  a comment that the term                                                               
"public  servant"  is  broad,  pointed  out  that  the  crime  of                                                               
impersonating a public servant is  already addressed via existing                                                               
statute and won't be changed by the bill.                                                                                       
                                                                                                                                
REPRESENTATIVE  COGHILL indicated  that his  concern is  that the                                                               
proposed increase  in penalty  could be  applied inappropriately,                                                               
though  he acknowledged  that there  is a  safeguard in  that one                                                               
must  first be  convicted.   He  said he  is questioning  whether                                                               
impersonating some other public servants  should also rise to the                                                               
level  of a  felony, particularly  given  that in  the past,  for                                                               
example, the  legislature has discussed  the issue of  whether to                                                               
let  employees of  the  then-Child  Support Enforcement  Division                                                               
(CSED) carry handguns while performing their duties.                                                                            
                                                                                                                                
2:03:01 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS expressed interest in Mr. Svobodny's suggestion.                                                                   
                                                                                                                                
MR.  SVOBODNY reiterated  his  suggestion, and  noted  that in  a                                                               
recent movie,  someone with bad  intentions impersonated  a peace                                                               
officer in order to kill  another person.  Although such behavior                                                               
is not common,  it is not unheard of for  people to impersonate a                                                               
peace officer in order to gain some type of advantage.                                                                          
                                                                                                                                
REPRESENTATIVE   HOLMES  indicated   that  she   would  be   more                                                               
comfortable if  the bill included some  sort of intent-to-do-harm                                                               
language, because she wants to  ensure that the bill only applies                                                               
to actual bad actors.                                                                                                           
                                                                                                                                
REPRESENTATIVE  SAMUELS  pointed  out,   however,  that  if  such                                                               
language  is included  for  the crime  of  impersonating a  peace                                                               
officer, then in  situations like the one described by  Mr. Cox -                                                               
where  the  person acquired  a  vehicle  [resembling an  unmarked                                                               
police car] and  lights and a siren - the  prosecution would then                                                               
also have  to prove that  the person had  the intent to  do harm.                                                               
Representative  Samuels   said  that  for  such   people,  he  is                                                               
satisfied with the  bill as it is currently  written, because why                                                               
else  would  one  go  through   the  trouble  of  obtaining  such                                                               
equipment  and then  attempting to  pull  people over  if not  to                                                               
perpetrate  a crime.   He  indicated,  though, that  he would  be                                                               
amenable  to  the  change suggested  by  Mr.  Svobodny  regarding                                                               
impersonating  other types  of public  servants.   Representative                                                               
Samuels offered his  belief that the bill would  never be applied                                                               
in situations where friends are playing jokes on each other.                                                                    
                                                                                                                                
MR. SVOBODNY, in response to  a question, offered his belief that                                                               
the  definition of  "public servant"  is sufficiently  broad, and                                                               
would apply to  those impersonating the types  of public servants                                                               
Representative Coghill mentioned,  adding that it would  not be a                                                               
defense  for  someone  to  claim that  the  position  he/she  was                                                               
impersonating doesn't exist.                                                                                                    
                                                                                                                                
REPRESENTATIVE  COGHILL, in  response to  a question,  reiterated                                                               
his  concern that  perhaps impersonating  a public  servant other                                                               
than  a peace  officer  also ought  to  rise to  the  level of  a                                                               
felony.                                                                                                                         
                                                                                                                                
2:09:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DAHLSTROM said  she is not intending  for the bill                                                               
to address the impersonation of  public servants other than peace                                                               
officers.                                                                                                                       
                                                                                                                                
MR.  COX  also  concurred  that  the  bill  would  not  apply  in                                                               
situations where friends  are playing pranks on  each other since                                                               
one of the  parties would first have to file  a complaint and the                                                               
responding  law   enforcement  officer   would  still   have  the                                                               
discretion  of whether  to  pursue  the issue.    With regard  to                                                               
adding  language   requiring  that  the  impersonator   have  the                                                               
intention  of doing  harm, he  opined  that that  would take  the                                                               
threshold too high - a police  officer would be unable to stop an                                                               
impersonator  before he/she  actually injures  or kills  someone.                                                               
He  suggested that  perhaps  the  bill could  be  changed to  say                                                               
something along the lines of,  "exercises or attempts to exercise                                                               
official  authority";  with  such a  change,  the  impersonator's                                                               
actions   would  demonstrate   intent.     He  characterized   an                                                               
impersonator's  attempts  to  pull  someone  over  as  a  serious                                                               
violation of a person's rights.                                                                                                 
                                                                                                                                
MR. COX,  with regard to  impersonating a peace officer  over the                                                               
phone, offered  his believe that  such behavior does rise  to the                                                               
level of a  felony, particularly given that the  crime of assault                                                               
in  the third  degree, which  in part  addresses the  behavior of                                                               
making repeated  threats to cause death  or injury, is a  class C                                                               
felony offense as  long as it causes the fear  in the victim that                                                               
that  really will  happen.   With regard  to juvenile  pranks, he                                                               
opined that  it would be pretty  easy for a citizen  to determine                                                               
that a youth isn't really a peace officer.                                                                                      
                                                                                                                                
2:14:14 PM                                                                                                                    
                                                                                                                                
JEFFREY  LANDVATTER, Public  Safety  Employees Association,  Inc.                                                               
(PSEA);  State Trooper,  A Detachment,  Division of  Alaska State                                                               
Troopers, Department of  Public Safety (DPS), opined  that HB 286                                                               
is fundamental  to the foundation  of good policing.   Police are                                                               
given a  high level  of trust and  training, and  someone falsely                                                               
presenting  himself/herself as  a peace  officer breaks  down the                                                               
public trust,  and makes  it very  difficult for  law enforcement                                                               
officers to do their job.                                                                                                       
                                                                                                                                
MR. SVOBODNY,  in response to  a question, opined that  Mr. Cox's                                                               
suggestion  would  have the  same  problem  with proving  intent.                                                               
Currently one must  commit an act, which includes  a pretty broad                                                               
range of conduct; he then  acknowledged that including intent-to-                                                               
do-harm language,  as he'd suggested earlier,  would also present                                                               
a proof problem.  He said he  agrees with the officers:  the oath                                                               
that they are required to take  in order to become peace officers                                                               
is designed  to set them  up as examples  of people that  one can                                                               
trust, and one  does things for a police  officer, because he/she                                                               
appears to be a police officer,  that one wouldn't do for someone                                                               
else.   This  does  create more  dangerous  situations, both  for                                                               
police officers  in the normal course  of their duty and  for the                                                               
public when responding to someone  they think is a police officer                                                               
but isn't.                                                                                                                      
                                                                                                                                
MR.  SVOBODNY  suggested instead:    keep  the current  crime  of                                                               
impersonating a  public servant a  class B misdemeanor;  make the                                                               
crime of impersonating  a public servant with the  intent to gain                                                               
access  to  a  dwelling or  the  intent  to  do  harm a  class  A                                                               
misdemeanor; and  make impersonating  a peace  officer a  class C                                                               
felony as the bill currently proposes.                                                                                          
                                                                                                                                
REPRESENTATIVE COGHILL said he likes  that suggestion, but is not                                                               
sure of the practical implications.                                                                                             
                                                                                                                                
REPRESENTATIVE SAMUELS noted that Anchorage Municipal Code says:                                                                
                                                                                                                                
     8.30.070 Impersonation of public officer.                                                                                  
     A. A  person commits  the crime  of impersonation  of a                                                                    
     public  officer if  the  person  knowingly and  falsely                                                                    
     represents himself to  be a public officer  and in such                                                                    
     assumed character:                                                                                                         
          1. Obtains money, property, or other thing of                                                                         
     value, or                                                                                                                  
          2. Arrests or detains, threatens to arrest or                                                                         
     detain, or otherwise threatens any person; or                                                                              
          3. Searches a person or property; or                                                                                  
          4. Obtain or requires the assistance of another                                                                       
     in  any matter  pertaining to  the duties  of a  public                                                                    
     officer.                                                                                                                   
     B. As used  in this section, a  public officer includes                                                                    
     peace   officers,  firemen,   paramedics,  magistrates,                                                                    
     judges, municipal attorneys  and prosecutors, municipal                                                                    
     inspectors, officials,  or clerks,  but is  not limited                                                                    
     to them.                                                                                                                   
     C. Violation  of this  section shall,  upon conviction,                                                                    
     be punished  by a  fine of not  more than  $2,000.00 or                                                                    
     imprisonment  for not  more than  six  months, or  both                                                                    
     such fine and imprisonment.                                                                                                
                                                                                                                                
REPRESENTATIVE  SAMUELS acknowledged,  though,  that the  problem                                                               
with "spelling it out" is that  then the language might not apply                                                               
in every case that it should.                                                                                                   
                                                                                                                                
MR. SVOBODNY concurred.                                                                                                         
                                                                                                                                
REPRESENTATIVE SAMUELS  indicated that  he would  be in  favor of                                                               
Mr.   Svobodny's  suggestion   regarding  making   public-servant                                                               
impersonators seeking  access into  someone's dwelling a  class A                                                               
misdemeanor.                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOLMES  surmised that  all members are  in support                                                               
of the  intent of HB  286, and  acknowledged that it  addresses a                                                               
serious  problem.   Referring  to the  issue  of a  perpetrator's                                                               
mental state, she asked what other felonies might compare.                                                                      
                                                                                                                                
MR. SVOBODNY  offered that the crimes  of theft of $500  or more;                                                               
shoplifting of  $500 or more; DUI;  bootlegging; causing somebody                                                               
to  fear  serious  physical  injury   by  means  of  a  dangerous                                                               
instrument -  for example,  pounding a bat  against a  wall right                                                               
next to somebody; and check forgery are all class C felonies.                                                                   
                                                                                                                                
REPRESENTATIVE DAHLSTROM  said her preference is  to move forward                                                               
with the  bill as it  is currently written, rather  than altering                                                               
it to address some of the other issues that have been raised.                                                                   
                                                                                                                                
CHAIR RAMRAS closed public testimony on HB 286.                                                                                 
                                                                                                                                
REPRESENTATIVE COGHILL opined that  anytime the legislature makes                                                               
a  particular crime  a  felony, the  justification  for doing  so                                                               
needs to be  vetted.  He indicated that he  is satisfied that the                                                               
crime of impersonating a peace officer  does rise to the level of                                                               
a felony.                                                                                                                       
                                                                                                                                
2:25:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DAHLSTROM moved to report  HB 286 out of committee                                                               
with  individual  recommendations  [and the  accompanying  fiscal                                                               
notes].  There  being no objection, HB 286 was  reported from the                                                               
House Judiciary Standing Committee.                                                                                             
                                                                                                                                
HB 281 - CAMPAIGN FINANCE COMPLAINTS                                                                                          
                                                                                                                                
2:26:40 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced that the  final order of business would be                                                               
HOUSE BILL NO. 281, "An  Act extending the statute of limitations                                                               
for  the filing  of  complaints with  the  Alaska Public  Offices                                                               
Commission  involving state  election  campaigns."   [Before  the                                                               
committee was CSHB 281(STA).]                                                                                                   
                                                                                                                                
2:27:48 PM                                                                                                                    
                                                                                                                                
MIKE  SICA,  Staff  to  Representative  Bob  Lynn,  Alaska  State                                                               
Legislature, said  on behalf of  Representative Lynn, one  of the                                                               
bill's  joint prime  sponsors,  that HB  281  basically does  two                                                               
things.   It increases the  statute of limitations, from  one and                                                               
two years to  five years, for filing a complaint  with the Alaska                                                               
Public  Offices Commission  (APOC)  and the  Select Committee  on                                                               
Legislative Ethics,  and establishes  a period  of six  years for                                                               
the retention  of records related  to such complaints.   The bill                                                               
also contains several conforming changes.   The goal is to create                                                               
a uniform standard  for time limits and the  retention of records                                                               
under four of the provisions of  statute that are overseen by the                                                               
APOC and  the Select Committee  on Legislative Ethics:   AS 15.13                                                               
pertaining to  state election campaigns;  AS 24.45  pertaining to                                                               
regulation  of  lobbying; AS  24.60  pertaining  to standards  of                                                               
conduct for  the legislative branch;  and AS 39.50  pertaining to                                                               
public official financial disclosure.                                                                                           
                                                                                                                                
MR.  SICA  said  that  in 2003,  the  aforementioned  statute  of                                                               
limitations [for  filing a complaint  with the APOC]  was changed                                                               
from  four years  to one  year,  but problems  have since  arisen                                                               
because of  that shorter statute  of limitations in  that certain                                                               
alleged  violations  cannot  now   be  investigated;  the  Select                                                               
Committee on Legislative Ethics  currently has a two-year statute                                                               
of  limitations but  no statute  of limitations  in instances  of                                                               
intentional  prevention  of discovery.    Again,  the bill  would                                                               
increase the statute of limitations  for filing a complaint, with                                                               
either the  APOC or the  Select Committee on  Legislative Ethics,                                                               
to five  years.  Referring  to the change requiring  that records                                                               
be retained for six years,  he observed that this proposed change                                                               
makes  sense if  the statute  of limitations  is changed  to five                                                               
years  because then  the records  associated  with any  complaint                                                               
filed  within  that timeframe  will  still  be available  to  the                                                               
investigating authority.                                                                                                        
                                                                                                                                
MR. SICA  offered assurance  that both  agencies will  still have                                                               
the same speedy adjudication process  in place; for example, once                                                               
the APOC begins investigating a  complaint, statute requires that                                                               
that  investigation be  concluded in  60  days.   The statute  of                                                               
limitations in  some other  states ranges from  one year  to five                                                               
years, Georgia has  a three-year statute of  limitations for two-                                                               
year terms and  a five-year statute of  limitations for four-year                                                               
terms, some  states have no  statute of limitations,  some states                                                               
have an  "intentional prevention  of discovery" clause,  and some                                                               
states have a combination of the aforementioned.                                                                                
                                                                                                                                
MR.  SICA  noted  that  in   the  House  State  Affairs  Standing                                                               
Committee,  an amendment  was adopted  that would  change current                                                               
law with  regard to who can  file a complaint.   Currently, under                                                               
almost all the  aforementioned provisions, any person  can file a                                                               
complaint, and the term "person",  as statutorily defined, covers                                                               
everyone from a natural person  to an organization or a political                                                               
party.  He  relayed that Brooke Miles from the  APOC has told him                                                               
that in  fact most  of the  complaints filed  with the  APOC come                                                               
from  political   parties  during  election  time;   "they  do  a                                                               
wonderful job  of keeping  each other  in line,"  he added.   Mr.                                                               
Sica  relayed  that  Representative   Lynn  feels  that  allowing                                                               
political  parties, rather  than just  individual candidates,  to                                                               
file  complaints depersonalizes  and depoliticizes  the complaint                                                               
process, thus alleviating  what could otherwise turn out  to be a                                                               
nasty feud between candidates.                                                                                                  
                                                                                                                                
MR. SICA  added that  that's how  the process  has worked  in the                                                               
past, and  that [Representative  Lynn] would like  this committee                                                               
to revisit  that issue because  he feels that the  process should                                                               
be  based on  the  merits of  the complaint  rather  than on  the                                                               
qualifications of  the person filing  the complaint.   House Bill                                                               
281 addresses a [potential] loophole,  and increasing the statute                                                               
of  limitations  will  be  a step  forward,  particularly  if  it                                                               
doesn't limit legitimate complaints.                                                                                            
                                                                                                                                
2:33:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CARL GATTO, Alaska  State Legislature, speaking as                                                               
a joint  prime sponsor  of HB  281, relayed that  he has  had two                                                               
complaints filed  against him during  election seasons,  and both                                                               
were dismissed after  the elections were over.   It's fairly easy                                                               
to  file a  complaint  on a  person, he  noted,  adding that  the                                                               
newspapers received word  of the second complaint  before he did;                                                               
therefore  he  takes  a  strong   interest  in  who  can  file  a                                                               
complaint, how a complaint is heard,  and how one recovers from a                                                               
complaint being filed.                                                                                                          
                                                                                                                                
REPRESENTATIVE  SAMUELS  noted that  Section  1  would change  AS                                                               
15.13.040(f) to read:                                                                                                           
                                                                                                                                
     All businesses, persons, or groups  that furnish any of                                                                    
     the following  services, facilities,  or supplies  to a                                                                    
     candidate  or group  shall maintain  a  record of  each                                                                    
     transaction for a period of  six years from the date of                                                                    
     the   election:      newspapers,   radio,   television,                                                                    
     advertising,  advertising agency  services, accounting,                                                                    
     billboards,   printing,  secretarial,   public  opinion                                                                    
     polls,   or   research    and   professional   campaign                                                                    
     consultation   or  management,   media  production   or                                                                    
     preparation,   or  computer   services.     Records  of                                                                    
     provision  of services,  facilities, or  supplies shall                                                                    
     be available for inspection by the commission.                                                                             
                                                                                                                                
REPRESENTATIVE SAMUELS opined  that any company he hires  to do a                                                               
print job for him, for example,  isn't going to know that it will                                                               
be required  to keep records  of that transaction for  six years.                                                               
Referring  to Section  2, he  indicated that  once he  leaves the                                                               
state legislature,  he won't  be inclined to  keep for  six years                                                               
any  records   related  to   his  term   of  office,   though  he                                                               
acknowledged that he  could probably just put all  his records in                                                               
a box  and hope he doesn't  lose it during any  subsequent moves.                                                               
He asked  whether other states  require that records be  kept for                                                               
six years.                                                                                                                      
                                                                                                                                
MR. SICA  mentioned that that  provision falls under  the purview                                                               
of the  APOC, and offered  his understanding that current  law is                                                               
silent on the issue of how long records must be retained.                                                                       
                                                                                                                                
2:37:57 PM                                                                                                                    
                                                                                                                                
BROOKE MILES, Director, Alaska  Public Offices Commission (APOC),                                                               
Department  of   Administration  (DOA),  said  that   although  a                                                               
provider  of  services  may  include  a  small  print  shop,  the                                                               
provision  is meant  to  apply  to "the  bigger  people" such  as                                                               
campaign  managers,  media  providers  and  producers,  and  poll                                                               
providers  and  producers.   She  clarified  that currently  such                                                               
entities are required to keep such  records for a year, and noted                                                               
that  the APOC  has  heard  a lot  of  comments  from the  public                                                               
regarding the APOC's current one-year statute of limitations.                                                                   
                                                                                                                                
REPRESENTATIVE  HOLMES,  referring  to Section  1,  relayed  that                                                               
she'd hired a campaign manager who  worked for her for only eight                                                               
weeks, and  asked whether  under the  bill that  individual would                                                               
have to keep all records related to that work for six years.                                                                    
                                                                                                                                
MS. MILES  said that in  that type  of situation, the  APOC would                                                               
expect the  candidate to  keep such  records, since  the employee                                                               
would have  merely had  a contractual agreement  to work  for the                                                               
candidate.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  SAMUELS  said he  agrees  with  that intent,  but                                                               
pointed out that that's not what the bill says.                                                                                 
                                                                                                                                
MS. MILES  noted that the  language regarding who is  required to                                                               
keep such  records is already  part of existing statute,  and all                                                               
that's being changed via Section 1  is the length of time records                                                               
must be kept.   She acknowledged that Section 1  could be crafted                                                               
more carefully,  and pointed  out that she  is only  relaying how                                                               
the APOC staff has used this provision as an enforcement tool.                                                                  
                                                                                                                                
REPRESENTATIVE  GATTO  referred to  Section  2,  and offered  his                                                               
understanding that unless an entity  is required to report to the                                                               
APOC,  that  entity  won't  be   required  to  preserve  records.                                                               
Concurring  with  Ms. Miles's  statement  that  it would  be  the                                                               
[candidate] who is required to  maintain the records, since it is                                                               
the candidate  who is required  to report  to the APOC,  he asked                                                               
whether  the  language  of Section  2  would  alleviate  members'                                                               
concerns regarding Section 1.                                                                                                   
                                                                                                                                
MS. MILES  said that Section 2  - which is proposing  to insert a                                                               
new section  of statute  - addresses  "the filer's"  retention of                                                               
records,   and  pertains   to   candidates,  political   parties,                                                               
political  action committees  (PACs),  and  groups supporting  or                                                               
opposing  ballot measures  including  individuals  who must  file                                                               
reports  as  a  result  of  having  participated  in  independent                                                               
expenditures.   Section 1, in  comparison, requires  providers of                                                               
services to retain records.                                                                                                     
                                                                                                                                
2:43:12 PM                                                                                                                    
                                                                                                                                
JOYCE ANDERSON, Ethics  Committee Administrator, Select Committee                                                               
on  Legislative Ethics,  Alaska State  Legislature, relayed  that                                                               
Section 8 deals with the  Legislative Ethics Act, and proposes to                                                               
change  the statute  of limitations  regarding  when a  complaint                                                               
must be  filed from two years  to five years, and  therefore also                                                               
removes   language   specific   to  complaints   against   former                                                               
legislators.   With  regard  to the  provision  in CSHB  281(STA)                                                               
requiring that complaints  be filed only by  registered voters as                                                               
opposed to any person, she  noted that the Legislative Ethics Act                                                               
has  always  said  that  complaints  may  be  initiated  by  "any                                                               
person", and that the Select  Committee on Legislative Ethics has                                                               
not  had  any issues  arise  regarding  that  language.   To  her                                                               
knowledge,  she relayed,  only individuals,  rather than  groups,                                                               
have filed  complaints with the  Select Committee  on Legislative                                                               
Ethics;  furthermore, no  one from  out  of state  has filed  any                                                               
complaints.                                                                                                                     
                                                                                                                                
MS. ANDERSON  noted that  under the  Legislative Ethics  Act, the                                                               
Select Committee  on Legislative  Ethics reviews a  complaint and                                                               
determines  whether  [the  alleged   behavior]  falls  under  its                                                               
jurisdiction and whether  the allegation if proven  true would be                                                               
a violation; if the complaint  does meet those criteria, then the                                                               
Select  Committee on  Legislative Ethics  moves forward  with it.                                                               
If  a  complaint  doesn't  meet those  criteria,  though,  it  is                                                               
dismissed and nothing is made  public.  Complaints filed with the                                                               
APOC,  on the  other  hand,  are all  made  public regardless  of                                                               
whether any  investigations ensue.   She  indicated that  for the                                                               
sake  of  consistency,  [the   Select  Committee  on  Legislative                                                               
Ethics] recommended  that the  statutes pertaining  to complaints                                                               
filed  with the  APOC  be changed  such that  there  would be  no                                                               
statute of limitations in instances  of intentional prevention of                                                               
discovery.                                                                                                                      
                                                                                                                                
REPRESENTATIVE SAMUELS surmised that  replacing the word "person"                                                               
with  the  term "registered  voter"  would  preclude a  political                                                               
party  from filing  a complaint,  and  offered his  understanding                                                               
that Mr.  Sica had said  that allowing political parties  to file                                                               
complaints would makes the complaints less personal.                                                                            
                                                                                                                                
MR. SICA concurred,  noted that both current law and  the bill as                                                               
originally drafted allowed political  parties to file complaints,                                                               
and  reiterated  that the  change  from  "person" to  "registered                                                               
voter" occurred in the House State Affairs Standing Committee.                                                                  
                                                                                                                                
REPRESENTATIVE COGHILL offered his  recollection that part of the                                                               
discussion  that occurred  in the  House  State Affairs  Standing                                                               
Committee pertained  to limiting  who could file  complaints, and                                                               
some members  in that  committee felt  complaints should  only be                                                               
filed by voters.                                                                                                                
                                                                                                                                
REPRESENTATIVE GATTO noted that the  language currently in HB 281                                                               
doesn't specify which state the voter must be registered in.                                                                    
                                                                                                                                
MR.  SICA  relayed  that  members'  packets  include  a  proposed                                                               
amendment  defining the  term, "registered  voter"  as meaning  a                                                               
person who is registered to vote under AS 15.07.                                                                                
                                                                                                                                
REPRESENTATIVE  COGHILL acknowledged  that that  point should  be                                                               
clarified  if  the  bill retains  the  term  "registered  voter".                                                               
Although  political   groups  can   currently  hold   each  other                                                               
accountable, he added, the complaint  process can also be used by                                                               
them as a delaying tactic.                                                                                                      
                                                                                                                                
2:50:36 PM                                                                                                                    
                                                                                                                                
MS.  ANDERSON  said she  agrees  with  Mr.  Sica's comments.    A                                                               
compliant  filed by  the Alaska  Public  Interest Research  Group                                                               
(AkPIRG) or  the League of  Women Voters of Alaska,  for example,                                                               
is different  than a  complaint filed  by an  individual, because                                                               
clearly it  is a group and  not just one person  that feels there                                                               
is an issue.   She opined that they should  leave open the option                                                               
for  organizations  to  file  complaints,   as  opposed  to  just                                                               
allowing registered voters to file complaints.                                                                                  
                                                                                                                                
REPRESENTATIVE COGHILL also noted  that complaints filed with the                                                               
APOC become  public, and indicated  that an issue to  consider is                                                               
whether complaints filed by groups are legitimate.                                                                              
                                                                                                                                
CHAIR RAMRAS asked what HB 281 will achieve for the public good.                                                                
                                                                                                                                
MS.  ANDERSON  said that  the  main  intent  is to  increase  the                                                               
statute of limitations  regarding when a complaint  can be filed.                                                               
The question  is whether  the current  statute of  limitations is                                                               
long enough,  particularly given  that sometimes  the facts  of a                                                               
situation don't  become evident until  after the  current statute                                                               
of  limitations  has   run  out.    Increasing   the  statute  of                                                               
limitations to five  years will allow the public,  if they obtain                                                               
knowledge  within  five  years that  a  possible  wrongdoing  has                                                               
occurred, to still  be able to file a complaint;  for example, if                                                               
the subject  of a complaint  had been trying to  influence others                                                               
in  order to  get legislation  passed.   She mentioned  that some                                                               
such incidents  came to  light during  the recent  indictments of                                                               
certain legislators.                                                                                                            
                                                                                                                                
CHAIR RAMRAS offered  his understanding that the  bill focuses on                                                               
the conduct  of elected officials  while in office  and increases                                                               
the  statute of  limitations regarding  when a  complaint can  be                                                               
filed, and that these proposed  changes were engendered by recent                                                               
events.                                                                                                                         
                                                                                                                                
MS. ANDERSON concurred with that summation.                                                                                     
                                                                                                                                
2:57:01 PM                                                                                                                    
                                                                                                                                
MS. MILES  explained that  it was the  APOC which  requested that                                                               
the statute  of limitations be  increased.  The  current one-year                                                               
statute of limitations has proven to  be far too short, and, as a                                                               
result, the  APOC has been  raked over  the coals and  blamed for                                                               
that;  furthermore,  she  relayed,   she,  personally,  has  been                                                               
attacked for complying with the  existing statute of limitations.                                                               
Therefore, the APOC went on record  as saying that the statute of                                                               
limitations  needed  to  be  expanded,   and  the  APOC  strongly                                                               
supports that  expansion.  In  working through the  statutes that                                                               
the APOC administers, it was  determined that there is a mishmash                                                               
of  statute  of   limitations  and  sometimes  none   at  all  is                                                               
specified.   With  regard to  possible violations  that the  APOC                                                               
could  not pursue  because  of the  current  one-year statute  of                                                               
limitations,  one issue  pertained to  major corporations  having                                                               
all  their  executives  make  campaign  contributions  that  were                                                               
actually paid for  directly by the corporations; this  is a clear                                                               
violation of  the law,  but the  APOC was  unable to  do anything                                                               
about it.  With regard to  records retention, it only makes sense                                                               
for the period of time in which  records must be kept to at least                                                               
match - or supersede by one  year - the statute of limitations so                                                               
that  the  investigating   authority  can  access  substantiating                                                               
documents,  because, without  those  documents, it  will be  more                                                               
difficult to investigate complaints of wrongdoing.                                                                              
                                                                                                                                
MS. MILES  indicated that the APOC  is in favor of  removing from                                                               
the  bill the  proposed term  of "registered  voter."   Under the                                                               
laws  administered  by  the APOC,  one  provision  pertaining  to                                                               
lobbying  requires that  the  person filing  the  complaint be  a                                                               
qualified voter;  without this requirement, a  complaint could be                                                               
filed by  anyone, including APOC  staff.  The argument  raised in                                                               
the  House   State  Affairs  Standing   Committee  was   that  if                                                               
complaints  weren't limited  to a  qualified voter,  then even  a                                                               
foreign  national could  file a  complaint  against a  candidate.                                                               
That has never happened, she  pointed out, though complaints have                                                               
been  brought forth  by  groups and  political  parties, none  of                                                               
which are  a registered voter,  and sometimes,  in the heat  of a                                                               
campaign,  having  the complaint  brought  forth  be a  nonperson                                                               
helps depoliticize the complaint.   It is true, she acknowledged,                                                               
that  with  regard  to  complaints   filed  with  the  APOC,  the                                                               
complaint  [form] itself  becomes  a public  document, and  staff                                                               
makes every  effort to  get a copy  of it to  the subject  of the                                                               
complaint  as soon  as possible.   Unfortunately,  sometimes when                                                               
someone files a  complaint with the APOC, his/her  very next stop                                                               
is  with the  press.    When a  complaint  doesn't  meet all  the                                                               
criteria outlined in law, the staff themselves can reject it.                                                                   
                                                                                                                                
REPRESENTATIVE  SAMUELS  said  that   although  he  can  see  the                                                               
advantages  of allowing  organizations to  file a  complaint, the                                                               
downside is  that individuals get to  hide behind the name  of an                                                               
organization.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  GATTO  questioned how  one  would  know that  all                                                               
members of an  organization have agreed to file a  complaint.  He                                                               
also opined that  the term "registered voter"  should be replaced                                                               
with the term "registered Alaska voter".                                                                                        
                                                                                                                                
3:02:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CRAIG JOHNSON,  Alaska State  Legislature, opined                                                               
that  if  candidates  are  going to  be  held  accountable,  then                                                               
complaints shouldn't be used as  political tools; "if someone has                                                               
the fortitude  and the knowledge and  right on their side  to put                                                               
their name on  it -- but a 'person' by  definition under [Alaska]                                                               
statute is anything."                                                                                                           
                                                                                                                                
CHAIR RAMRAS relayed that HB 281 would be held over.                                                                            
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Judiciary Standing Committee meeting was adjourned at 3:03 p.m.