04/22/1998 09:22 AM Senate FIN

 SENATE BILL NO. 219                                                           
                                                                               
"An Act relating to establishing an office of crime                            
victims' advocacy; and amending Rule 16, Alaska Rules                          
of Criminal Procedure, Rule 9, Alaska Delinquency                              
Rules, and Rule 501, Alaska Rules of Evidence."                                
                                                                               
CS FOR SENATE BILL NO. 219(JUD)                                                
                                                                               
"An Act relating to establishing an office of crime                            
victims' rights; and amending Rule 16, Alaska Rules of                         
Criminal Procedure, Rule 9, Alaska Delinquency Rules,                          
and Rule 501, Alaska Rules of Evidence."                                       
                                                                               
Co-chair Sharp called SB 219 and noted that there had been                     
a previous hearing.  He said at that meeting it was noted                      
that some members might be bringing forth some amendments                      
and they also wanted a chance to discuss the matter with                       
the sponsor of the bill.                                                       
                                                                               
BRETT HUBER, staff to Senator Rick Halford was invited to                      
join the committee.  He said there was one technical                           
correction to the amendment marked "F.2", on line 16.  It                      
was to delete the word "crime".  He said even though the                       
title of the bill was the Office of Crime Victims Rights,                      
the actual implementing statute in the bill describes the                      
Office of Victims Rights.  Co-chair Sharp advised the                          
committee that was marked as amendment #3.                                     
                                                                               
Senator Donley MOVED amendment #1 and WITHOUT OBJECTION it                     
was ADOPTED.                                                                   
                                                                               
Senator Donley MOVED amendment #2 and WITHOUT OBJECTION it                     
was ADOPTED.                                                                   
                                                                               
Senator Donley MOVED amendment #3 and WITHOUT OBJECTION it                     
was ADOPTED.                                                                   
                                                                               
Senator Adams said he felt it was a great piece of                             
legislation however it needed backbone behind it, and that                     
was the fiscal note.  He said he hoped they would support                      
this fiscal note.                                                              
                                                                               
Co-chair Sharp said they would request a new fiscal note to                    
represent the amendments.  However, Senator Adams said that                    
the way the bill read today and when the Office of Crime                       
Victims Rights was established there was a cost to doing                       
that.  He felt support was needed.                                             
                                                                               
Senator Donley said there was a funding source available in                    
the approximate amount of $4 million.  Senator Adams said                      
the committee should pass along the fiscal notes in case                       
something happens.  He said it was a big if pending the                        
passage of other legislation.                                                  
                                                                               
Co-chair Sharp said it was his intention that the                              
accompanying fiscal note would not be built into the budget                    
unless Senator Ward's other bill passes.  Senator Donley                       
said they could also put the second year PFD provision into                    
the bill and then it would be totally self-contained.                          
Everything is in the bill at present except for that one                       
provision.  He offered a technical amendment to have a new                     
CS drawn up for SB 274 containing the same language.                           
                                                                               
Co-chair Sharp indicated that was the only fail-safe way to                    
accomplish that.  Senator Donley concurred and said it                         
would then be a total package.                                                 
                                                                               
Senator Donley MOVED conceptual amendment #4 to add the                        
provisions in SB 274 which extends the eligibility time for                    
convicted felons and multiple misdemeanants from one to two                    
years in a new Finance CS for SB 219.  The intent would be                     
to then get new fiscal notes based on that CS.  Mr. Huber                      
said the sponsor would have no objection to amendment #4.                      
He noted that SB 274 was on the Senate Floor today.  The                       
only concern was to move SB 219 along as quickly as                            
possible.                                                                      
                                                                               
Senator Pearce advised the committee that if the bill                          
passed both bodies they would be dealing with the fiscal                       
notes in conference committee anyway.  She wanted it clear                     
for the record that it was not the intention of the sponsor                    
of the bill that the entire four million that would be                         
raised would go to an office of victims' advocates.                            
Instead, they were just talking about just the half-million                    
dollar fiscal note, which realistically would be an                            
increase of that amount to the Legislature's budget.                           
                                                                               
Senator Donley explained that if the second year of PFD                        
eligibility was taken away and the conference committee was                    
presented with a positive four million dollar fiscal note                      
it would then be up to the conference committee to figure                      
out what to do with the money.  There would be an                              
accompanying fiscal note with this bill that half a million                    
dollars of it would be going to the office of victims'                         
advocacy and it would also be a GF increase of three and a                     
half million dollars beyond that which could then be used                      
for other purposes.  Co-chair Sharp asked if those purposes                    
were as stated in SB 274?  Senator Donley indicated that                       
was correct.  He said this would give the conference                           
committee some flexibility with the GF.  Senator Pearce                        
indicated that would be fine.                                                  
                                                                               
Senator Phillips asked if that was half a million dollars                      
to the Legislature's budget?  Senator Pearce explained the                     
office was in the Legislature.  It would increase the                          
Legislature's budget by half a million dollars; $508,600.                      
                                                                               
Co-chair Sharp said he and Senator Donley would work with                      
his staff to get this rolled into the bill properly and                        
then get it back before the committee in the afternoon if                      
possible.  He said it would remain at the top of the list                      
before all other bills.  Co-chair Sharp said it was his                        
intention to move the bill from committee today if                             
possible.                                                                      
                                                                               
Senator Adams said he agreed with the conceptual amendment                     
the members.  Senator Donley indicated that it was going to                    
be incorporated into a new CS and then brought back before                     
the committee.                                                                 
                                                                               
Co-chair Sharp said with that understanding then he would                      
HOLD the bill in committee until the afternoon.                                
                                                                               
The next bill Co-chair Sharp called before the committee                       
was HB 334.