Legislature(2005 - 2006)HOUSE FINANCE 519
04/04/2006 09:00 AM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| SB218 | |
| HB384 | |
| HB419 | |
| HB403 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 384 | TELECONFERENCED | |
| + | HB 403 | TELECONFERENCED | |
| + | HB 419 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 218 | TELECONFERENCED | |
HOUSE BILL NO. 384
"An Act relating to fines and offenses; amending Rule
8(b), Alaska District Court Rules of Criminal
Procedure; and providing for an effective date."
Heath Hilyard, Staff, Representative Tom Anderson, explained
that CSHB 384 (JUD), Version I, is before the committee
today. The bill amends the fines and fee structure for a
number of criminal statutes. It was brought to the sponsor
by the Department of Public Safety. The Department of Fish
and Game also was interested in including appropriate
references to fines for misdemeanors. It was important to
draft the bill to address both. He noted that there were
two changes made by the Judiciary Committee to two sections
in the original bill that referred to fines and fees with
regard to violations by orders by the Labor Relations Board.
He spoke of confusion by the Department of Labor and the
Board, which resulted in those sections being removed. The
title was also tightened.
Co-Chair Meyer pointed out that there are no fiscal impact
notes. Mr. Hilyard deferred to the departments to answer
that question.
9:38:46 AM
Representative Hawker asked about a section that is no
longer in statute. Mr. Hilyard offered to amend the bill to
deal with that section, but said he would leave it in for
now.
Representative Hawker asked if the death penalty would be
within the scope of the single subject rule. Mr. Hilyard
said he could not say.
9:41:19 AM
Representative Weyhrauch asked if those who are charged for
crimes prior to the effective date in this bill are subject
to penalties in the bill or to penalties in the law in
effect before July 2006.
DEAN GUANELI, CHIEF ASSISTANT ATTORNEY GENERAL, DEPARTMENT
OF LAW, answered that they would be subject to the existing
penalties, before the effective date of the Act.
Representative Weyhrauch asked if it would apply even if
they have only been charged and not convicted. Mr. Guaneli
replied that is correct.
Representative Hawker asked if something in a felony class
would fit within the subject of this bill with a change of
title. Mr. Guaneli replied that a single subject of fines
certainly describes the bill as a whole. He thought if the
penalty were limited to fines, a felony would fit.
Representative Hawker asked about previous testimony on SB
218 and a situation where a penalty is increased within the
child abuse statutes and is now greater than the penalty for
Murder II. He wondered if the bill would be a vehicle to
correct that imbalance by raising the penalty on Murder II.
Mr. Guaneli responded that Alaska Courts give the
legislature broad authority to include, within bills,
matters that fit within fairly broad subjects. He addressed
the single subject of the bill. He stated if that new
language were to be included, it would read "fines and
criminal penalties", which would be sufficiently broad and
be upheld by the courts. A clear title such as in this bill
would not be a problem for the courts.
9:45:43 AM
Representative Holm took issue with the statement that the
court system gives the legislature authority. He maintained
that the legislature has its own constitutionally mandated
authority.
Co-Chair Meyer asked Mr. Guaneli to address the fiscal
notes. Mr. Guaneli responded that the fiscal notes are all
fines imposed by the court system upon conviction of some
offense. Many are infractions for violations or misdemeanor
offenses. These are fines imposed by the court system that
ordinarily go into the general fund and no particular agency
receives them. The Department of Fish and Game has some
authority to receive funds from fines, subject to
legislative appropriation. The fiscal notes are accurate
and the money does not go to the departments.
Representative Hawker noted that he does not see an
indication that there would be a change in state revenues
due to these fines. He suggested that the revenues be
indeterminate rather than zero. Mr. Guaneli said he could
not argue with that. He agreed that there might be an
increase in the general fund.
Co-Chair Meyer agreed that it would be more accurate to have
indeterminate notes.
9:50:28 AM
Co-Chair Meyer asked if Representative Hawker was referring
earlier to another bill's passage, HB 380. Representative
Hawker reiterated that if HB 380 passes, Section 3 would no
longer be in effect.
Representative Hawker MOVED to CHANGE the fiscal notes, as
appropriate, to indeterminate notes. There being NO
OBJECTION, it was so ordered.
9:52:02 AM
Representative Foster MOVED to REPORT CSHB 384 out of
Committee with individual recommendations and with the
accompanying indeterminate fiscal note. There being NO
OBJECTION, it was so ordered.
CSHB 384 (JUD) was REPORTED out of Committee with a "no
recommendation" and with a new indeterminate fiscal note by
the Office of the Governor.
9:53:06 AM
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