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