Legislature(1999 - 2000)
04/20/2000 09:10 AM House FIN
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE CS FOR CS FOR SENATE BILL NO. 4(JUD)
An Act relating to victims' rights; relating to
establishing an office of victims' rights; relating to
compensation of victims of violent crimes; relating to
eligibility for a permanent fund dividend for persons
convicted of and incarcerated for certain offenses;
relating to notice of appropriations concerning
victims' rights; amending Rule 16, Alaska Rules of
Criminal Procedure, Rule 9, Alaska Delinquency Rules,
and Rule 501, Alaska Rules of Evidence; and providing
for an effective date.
DONALD STOLTZE, STAFF, SENATOR RICK HALFORD, explained the
changes done on the proposed legislation since the last
meeting.
Representative Phillips asked to change language in
Amendment #1, Page 1, Line 22, deleting the "Department of
Public Safety" and inserting the "Office of the Governor".
She advised that this change would need to be made
throughout the entire bill. [Copy on File].
Representative Phillips MOVED to ADOPT Amendment #1, 1-
LS0029\M.2, Luckhaupt, 4/19/00. There being NO OBJECTION,
the amendment was adopted.
Representative Phillips MOVED to ADOPT Amendment #2 which
would place a 4-year sunset clause on the legislation. That
would result in a new section, number #13. The sunset date
would be June 30, 2004. There being NO OBJECTION, it was
adopted.
MIKE TIBBLES, STAFF, REPRESENTATIVE GENE THERRIAULT, was
requested to join the Committee to explain previous action
taken in the committee substitute on the conforming
amendment. Mr. Tibbles noted that the work draft that was
adopted included a provision that required that victims
"shall", to the maximum extend practicable, conduct duties
contractually. The intent was to direct them to contract
out their services with non-profit organizations. He noted
that Amendment #1 did not include that language.
Mr. Tibbles pointed out that references in the original work
draft had been made to the offices rather than the
individual. Co-Chair Therriault proposed an amendment which
would include that into the proposed bill. The change would
be to Page 5, Amendment #1. Mr. Tibbles recommended that
language be included under Article 2A, duties of the office.
He noted that it would be a new subsection and that it could
be added into Subsection (a) or be a new Subsection (f).
Co-Chair Therriault MOVED conceptual Amendment #3, which
would utilize the concept in the "N" version and would add a
new section calling for the contracting out provision.
There being NO OBJECTION, it was adopted.
Representative J. Davies MOVED to AMEND the proposed
legislation, replacing references to the Governor's Office
with the Ombudsmen's Office. Representative Phillips
OBJECTED. She advised that had been considered but noted
that the State's Ombudsmen's Office can not serve as an
advocacy office. Representative Phillips pointed out that
the proposed function is one of advocacy. She reiterated
that consideration had already been made.
Representative J. Davies pointed out that Office does
operate as an advocate of that function and that they should
be able to make the determination. He believed that the
role of the two agencies was "thin". Representative
Phillips reiterated that those issues had been examined. An
advocacy organization does not have the authority to use the
services of the Ombudsmen's Office. Representative J.
Davies WITHDREW the MOTION to amend.
Representative G. Davis recommended shortening the sunset by
two years. He MOVED to ADOPT Amendment #4, which would
sunset the legislation in 2002. Mr. Stoltze interjected
that the funding mechanism does not begin until that year.
He believed such a sunset would be premature.
Representative G. Davis WITHDREW his MOTION to amend.
Mr. Tibbles spoke to the new fiscal notes contained in
member's packets submitted by the Department of Corrections,
Department of Law, and zero notes by Department of
Administration, Department of Public Safety and Legislative
Affairs Agency. Representative J. Davies asked if anyone
had spoken to the Governor's Office regarding the fiscal
impact to that Office. Representative Phillips indicated
that she had not. Representative J. Davies voiced concern
that there had not been a fiscal note submitted by the
Governor. Co-Chair Therriault advised that the costs
provided by Legislative Council would be moved to the Office
of the Governor.
Representative Foster MOVED to report HCS CS SB 4 (FIN) out
of Committee with individual recommendations and with the
accompanying fiscal notes. Vice Chair Bunde OBJECTED for
comment on the fiscal notes. He noted the fiscal size of
the notes and questioned if that money was best-spent on
victims or better spent somewhere else. Vice Chair Bunde
WITHDREW his OBJECTION. There being NO further OBJECTION,
it was so ordered.
HCS CS SB 4 (FIN) was reported out of Committee with a "no
recommendation" and with new fiscal notes by the Department
of Corrections, Department of Law and the Office of the
Governor and zero notes by the Department of Administration,
Department of Public Safety and Legislative Affairs Agency.
| Document Name | Date/Time | Subjects |
|---|