Legislature(2005 - 2006)HOUSE FINANCE 519

04/04/2006 09:00 AM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 384 FINES AND OFFENSES TELECONFERENCED
Moved CSHB 384(JUD) Out of Committee
+ HB 403 NEIGHBORHOOD ELECTRIC VEHICLES TELECONFERENCED
Heard & Held
+ HB 419 REPEAL UNDERGROUND STORAGE TANK LAWS TELECONFERENCED
Moved Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 218 CRIMINAL SENTENCING AND POLYGRAPHS TELECONFERENCED
Moved HCS CSSB 218(FIN) Out of Committee
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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