Legislature(2007 - 2008)HOUSE FINANCE 519

02/28/2008 01:30 PM House FINANCE


Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 310 APPROP: OPERATING BUDGET/LOANS/FUNDS TELECONFERENCED
<Bill Hearing Canceled>
+= HB 312 APPROP: MENTAL HEALTH BUDGET TELECONFERENCED
<Bill Hearing Canceled>
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 307 DOMESTIC VIOLENCE OFFENSES TELECONFERENCED
Heard & Held
+= HB 193 POLICE STANDARDS COUNCIL MEMBERSHIP TELECONFERENCED
Moved CSHB 193(STA) Out of Committee
+= HB 351 CONCEALED HANDGUN PERMIT: FINGERPRINTS TELECONFERENCED
Moved CSHB 351(JUD) Out of Committee
                  HOUSE FINANCE COMMITTEE                                                                                       
                     February 28, 2008                                                                                          
                         1:46 P.M.                                                                                              
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Meyer called the House  Finance Committee meeting to                                                                   
order at 1:46:37 PM.                                                                                                          
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Mike Chenault, Co-Chair                                                                                          
Representative Kevin Meyer, Co-Chair                                                                                            
Representative Bill Stoltze, Vice-Chair                                                                                         
Representative Harry Crawford                                                                                                   
Representative Les Gara                                                                                                         
Representative Mike Hawker                                                                                                      
Representative Reggie Joule                                                                                                     
Representative Mike Kelly                                                                                                       
Representative Mary Nelson                                                                                                      
Representative Bill Thomas Jr.                                                                                                  
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative John Harris                                                                                                      
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Representative  Bob  Roses;  Representative  Lindsey  Holmes;                                                                   
Karen Lidster,  Staff, Representative  John Coghill;  Crystal                                                                   
Koeneman,  Staff, Representative  Bob  Roses; Doug  Wooliver,                                                                   
Administrative   Attorney,   Alaska  Court   System;   Dwayne                                                                   
Peeples,  Deputy  Commissioner,  Department  of  Corrections;                                                                   
Anne Carpeneti,  Assistant Attorney  General, Legal  Services                                                                   
Section-Juneau, Criminal Division, Department of Law                                                                            
                                                                                                                                
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
HB 193    An Act  relating to  the composition of  the Alaska                                                                   
          Police Standards Council; and providing for an                                                                        
          effective date.                                                                                                       
                                                                                                                                
          CS HB 193 (STA) was reported out of Committee with                                                                    
          "no recommendation" and with new zero notes by the                                                                    
          Department of Corrections and Department of Public                                                                    
          Safety.                                                                                                               
                                                                                                                                
HB 307    An Act  relating to penalizing  certain misdemeanor                                                                   
          domestic violence offenses as felonies.                                                                               
                                                                                                                                
          HB 307 was HEARD & HELD in Committee for further                                                                      
          consideration.                                                                                                        
                                                                                                                                
HB 351    An  Act relating to  submission of fingerprints  by                                                                   
          applicants for a concealed handgun permit; and                                                                        
          providing for an effective date.                                                                                      
                                                                                                                                
          CS HB 391 (JUD) was reported out of Committee with                                                                    
          a "do pass" recommendation and with a new zero                                                                        
          note by the Department of Corrections and zero                                                                        
          note #1 by the Department of Public Safety.                                                                           
                                                                                                                                
1:48:01 PM                                                                                                                    
HOUSE BILL NO. 351                                                                                                            
                                                                                                                                
     An Act relating to submission of fingerprints by                                                                           
     applicants for a concealed handgun permit; and                                                                             
     providing for an effective date.                                                                                           
                                                                                                                                
KAREN LIDSTER,  STAFF, REPRESENTATIVE JOHN  COGHILL, directed                                                                   
comments  to the  House Judiciary  Committee  version of  the                                                                   
bill.   She  noted that  because of  changes to  the way  the                                                                   
Department of  Public Safety processes fingerprint  cards, it                                                                   
is now  possible to notify  the Alaska Automated  Fingerprint                                                                   
Identification   System    and   the   Federal    Bureau   of                                                                   
Investigation (FBI) from one card.                                                                                              
                                                                                                                                
The  proposed  bill  would  amend   the  requirements  in  AS                                                                   
18.65.700(a)(4), submitting two  sets of fingerprint cards to                                                                   
submitting one  set for individuals applying  for a concealed                                                                   
handgun  permit.     The  bill   changes  the   FBI  approved                                                                   
fingerprint  card to  a format  approved  by the  Department.                                                                   
The changes  will provide  a savings in  cost and  effort for                                                                   
fingerprinting  the   format  of  the  cards,   allowing  the                                                                   
Department latitude  to change the fingerprint  cards and not                                                                   
requiring another future bill.                                                                                                  
                                                                                                                                
1:50:22 PM                                                                                                                    
                                                                                                                                
                                                    th                                                                          
Vice-Chair  Stoltze remembered  that  during  the 18   Alaska                                                                   
Legislature, another HB 351 was  passed, sponsored by Senator                                                                   
Jeannette  James,  the  original   concealed  weapons  permit                                                                   
legislation.                                                                                                                    
                                                                                                                                
Co-Chair Meyer  pointed out the  zero impact in  the proposed                                                                   
note.                                                                                                                           
                                                                                                                                
Vice-Chair  Stoltze  directed   comments  to  finger-printing                                                                   
bullets.   He hoped to see  that incorporated if it  does not                                                                   
deter to  bullet imprinting.   He assumed  that was  a "back-                                                                   
door" approach to controlling and banning ammunitions.                                                                          
                                                                                                                                
1:52:27 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer believed that HB  351 would save State revenue                                                                   
by moving from two sets of fingerprints  to one.  Ms. Lidster                                                                   
said yes.                                                                                                                       
                                                                                                                                
PUBLIC TESTIMONY CLOSED                                                                                                         
                                                                                                                                
1:53:16 PM                                                                                                                    
                                                                                                                                
Co-Chair  Chenault  inquired  if  the  Department  of  Public                                                                   
Safety supports the bill.  Ms.  Lidster acknowledged they do.                                                                   
                                                                                                                                
Representative   Hawker   discussed   concerns   in   issuing                                                                   
concealed  gun  permits.    He  noted  a  classification  for                                                                   
outstanding  concealed handgun  permits called  "nix-exempt".                                                                   
That status allows  the holder both the repercosity  in other                                                                   
states and a prequalification  for purchasing a fire arm.  In                                                                   
order to achieve  that status on a concealed  handgun permit,                                                                   
the person  must be signed-off  by a  law enforcement  agency                                                                   
as  if purchasing  a  firearm.   He  pointed  out that  those                                                                   
checks no longer happen and as  a result, the State of Alaska                                                                   
has been unable to issue nix-exempt checks.                                                                                     
                                                                                                                                
Representative Hawker continued,  many people in the fire arm                                                                   
community are upset that the service  is no longer available.                                                                   
The FBI  has created  frustration in  the State's ability  to                                                                   
offer it.   He hoped to  see a legislative fix;  he requested                                                                   
the sponsor work on the issue.   Representative Hawker warned                                                                   
of serious  consequences for  Alaskan's individual  rights to                                                                   
keep and bear arms.                                                                                                             
                                                                                                                                
1:56:31 PM                                                                                                                    
                                                                                                                                
Vice-Chair Stoltze  MOVED to  REPORT CS HB  351 (JUD)  out of                                                                   
Committee  with  individual  recommendations   and  with  the                                                                   
accompanying fiscal notes.  There  being NO OBJECTION, it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
CS HB  391 (JUD)  was reported  out of  Committee with  a "do                                                                   
pass"  recommendation  and  with  a  new  zero  note  by  the                                                                   
Department of Corrections and  zero note #1 by the Department                                                                   
of Public Safety.                                                                                                               
                                                                                                                                
                                                                                                                                
1:57:37 PM                                                                                                                    
HOUSE BILL NO. 193                                                                                                            
                                                                                                                                
     An Act relating to the composition of the Alaska Police                                                                    
     Standards Council; and providing for an effective date.                                                                    
                                                                                                                                
REPRESENTATIVE  BOB ROSES, SPONSOR,  explained that  the bill                                                                   
would add  two certified police  officers with at  least five                                                                   
years  experience  to  the Alaska  Police  Standards  Council                                                                   
(APSC).  By doing that, those  who are charged with daily law                                                                   
enforcement  to the  training  and standards  as State  board                                                                   
participating  members,  certifying   police  officers.    At                                                                   
present, APSC is  the only board with no  representation from                                                                   
the group most affected by its  decisions.  APSC has assigned                                                                   
seats  for the  police chiefs,  the department  commissioners                                                                   
and to members  of the public, there are no  line officers on                                                                   
board.   He maintained  that APSC  has done  a good  job, but                                                                   
could benefit from  the presence of line officers  that bring                                                                   
experience and perspective to the board.                                                                                        
                                                                                                                                
1:58:53 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer MOVED to ADOPT  Amendment 1 to Page 2, Line 8,                                                                   
deleting  "and correctional".    Vice-Chair Stoltze  OBJECTED                                                                   
for discussion purposes.                                                                                                        
                                                                                                                                
Vice-Chair  Stoltze stated  that he wanted  to guarantee  the                                                                   
position of all correctional officers.                                                                                          
                                                                                                                                
Co-Chair  Meyer  inquired if  that  language  had been  added                                                                   
during another committee process.                                                                                               
                                                                                                                                
CRYSTAL KOENEMAN,  STAFF, REPRESENTATIVE  BOB ROSES,  replied                                                                   
the  language was  added  in the  House  State Affairs  (STA)                                                                   
Committee.   She said that  adding the correctional  officers                                                                   
makes the language more complicated,  hence Legislative Legal                                                                   
Services suggested leaving it  out.  Vice-Chair Stoltze noted                                                                   
for  the  record  that  they  (LAA)  should  not  be  in  the                                                                   
"business" of providing policy direction.                                                                                       
                                                                                                                                
2:00:54 PM                                                                                                                    
                                                                                                                                
Representative  Roses recalled  the  discussion, noting  that                                                                   
LAA was not attempting  to make policy, but rather,  it was a                                                                   
part of  an argument  previously  made.  He  agreed with  the                                                                   
comments made by Vice-Chair Stoltze.                                                                                            
                                                                                                                                
Representative Joule inquired  the percentage of correctional                                                                   
officers  that would be  eligible to  serve.   Representative                                                                   
Roses  did not  know.   Representative Joule  hoped that  the                                                                   
legislation would not remove a certain class of employee.                                                                       
                                                                                                                                
Vice-Chair Stoltze commented that  within the law enforcement                                                                   
and public  safety community,  the correctional officers  are                                                                   
underappreciated; he emphasized  the importance of that group                                                                   
of employees.  He maintained his  opposition to the amendment                                                                   
on behalf of the correctional officers.                                                                                         
                                                                                                                                
Representative  Roses  responded that  he  would support  the                                                                   
Committee's decision.                                                                                                           
                                                                                                                                
Representative Kelly asked if  the amendment would change the                                                                   
opposition voiced  by the police chiefs &  the commissioners.                                                                   
Representative  Roses   noted  that  he  had   discussed  the                                                                   
legislation    extensively    with   six    police    chiefs,                                                                   
acknowledging  he   did  not  know  their  position   on  the                                                                   
amendment.                                                                                                                      
                                                                                                                                
2:04:20 PM                                                                                                                    
                                                                                                                                
Co-Chair  Meyer pointed  out that  the police  chiefs do  not                                                                   
like the  bill; he  thought that  amendment would not  matter                                                                   
either way.  Representative Roses agreed.                                                                                       
                                                                                                                                
Representative  Kelly  asked   Co-Chair  Meyer's  intent  for                                                                   
offering the  amendment.  Co-Chair  Meyer hoped  the language                                                                   
would   keep   it   strictly   for   the   police   officers,                                                                   
acknowledging  the  fine  line  between that  group  and  the                                                                   
correctional  officers.  For  the record, Vice-Chair  Stoltze                                                                   
advised  that correctional  officers  are  accredited by  the                                                                   
Alaska Police  Standards Council and are all  law enforcement                                                                   
professionals.                                                                                                                  
                                                                                                                                
Representative Roses  referenced language on Page  1, Line 9,                                                                   
which  allows   the  Governor   to  appoint  a   correctional                                                                   
administrative  officer.    He   did  not  want  to  see  the                                                                   
correctional officers eliminated.                                                                                               
                                                                                                                                
Co-Chair Meyer  asked if the sponsor supports  the amendment.                                                                   
Representative Roses explained,  the language  had been added                                                                   
during another committee process.   He thought the intent was                                                                   
cleaner without  the amendment, reiterating he  would support                                                                   
the will of the Committee.                                                                                                      
                                                                                                                                
2:07:51 PM                                                                                                                    
                                                                                                                                
Co-Chair  Meyer  WITHDREW  Amendment   1.    There  being  NO                                                                   
OBJECTION, it was withdrawn.                                                                                                    
                                                                                                                                
Representative  Crawford agreed that  passage of the  bill is                                                                   
the "right thing  to do", noting that all  other professional                                                                   
standard councils  have membership  to represent  the members                                                                   
doing that work.  He reiterated his support for the bill.                                                                       
                                                                                                                                
Representative Hawker  noted for the record, he  agrees it is                                                                   
correct  thing  to  do,  however,   recognize  that  the  law                                                                   
enforcement community does not  favor the bill.  He added his                                                                   
support.                                                                                                                        
                                                                                                                                
Representative   Kelly  realized  it   was  clear   that  the                                                                   
leadership of that community is  not in favor of the proposed                                                                   
change.   He  recommended  that  current law  be  maintained,                                                                   
urging the bill not be moved out of Committee.                                                                                  
                                                                                                                                
Vice-Chair Stoltze  agreed with  the statements  submitted by                                                                   
the  police officers.   Representative  Roses referenced  the                                                                   
language of  the bill indicating  that the Governor  may pick                                                                 
from that group.   He stated that it is important  that those                                                                   
names brought forward are recommended  by the council & their                                                                   
criterion  checked.   He wanted  to  see "line  guys" on  the                                                                   
council.                                                                                                                        
                                                                                                                                
Vice-Chair  Stoltze  asked if  a  police union  could  select                                                                   
someone not  represented by  their organizational  fraternity                                                                   
and  if so,  could  it become  an  exclusive  placement.   He                                                                   
mentioned   the   political  pressures   that   happen   when                                                                   
appointments  occur.   He  maintained  his  support   of  the                                                                   
correctional   officers  being   included  on  the   council.                                                                   
Representative Roses agreed, understanding the conflict.                                                                        
                                                                                                                                
2:15:37 PM                                                                                                                    
                                                                                                                                
Representative  Gara advised that  the bill does  not address                                                                   
the concerns of  the Committee.  The bill does  not adopt pro                                                                   
or anti labor  positions.  The bill adopts  positions only on                                                                   
police officers  conduct and standards.   He pointed  out the                                                                   
division of the Committee of those  who are pro-labor or not.                                                                   
He believed that either position  would have little impact on                                                                   
how the council accomplishes their  work.  He stated there is                                                                   
nothing the  council can  do that would  favor either  pro or                                                                   
con  labor  issues.   He  agreed  that there  are  legitimate                                                                   
arguments  on  labor  concerns  but thought  they  would  not                                                                   
happen under the context of HB 351.                                                                                             
                                                                                                                                
2:17:15 PM                                                                                                                    
                                                                                                                                
Vice-Chair Stoltze  interjected that no one  on the Committee                                                                   
was speaking about  pro or anti labor, pointing  out there is                                                                   
no language  addressing that.   He  discussed the concern  of                                                                   
eligibility.  The  work of a professional organization  is to                                                                   
protect jobs when  someone is challenged.  He  reiterated his                                                                   
concern with the eligibility pool  and who might be excluded.                                                                   
                                                                                                                                
2:18:37 PM                                                                                                                    
                                                                                                                                
Representative Gara stood corrected on his observation.                                                                         
                                                                                                                                
2:20:50 PM                                                                                                                    
                                                                                                                                
Vice-Chair Stoltze  MOVED to  REPORT CS HB  193 (STA)  out of                                                                   
Committee  with  individual  recommendations   and  with  the                                                                   
accompanying fiscal notes.  There  being NO OBJECTION, it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
CS  HB 193  (STA)  was reported  out  of Committee  with  "no                                                                   
recommendation" and with new zero  notes by the Department of                                                                   
Corrections and Department of Public Safety.                                                                                    
                                                                                                                                
                                                                                                                                
2:21:32 PM                                                                                                                    
                                                                                                                                
Co-Chair Chenault apologized for  the record that he had made                                                                   
comments to  Representative Nelson  regarding charter  school                                                                   
funding.   He understood  that there  had been $100  thousand                                                                   
dollars put  in, and last  year during Conference  Committee,                                                                   
it was reduced to $50 thousand  dollars.  He pointed out that                                                                   
zero dollars had been placed in  by the House & $200 thousand                                                                   
dollars  was  placed  in  by  the  Senate.    The  Conference                                                                   
Committee did settle at $100 thousand dollars.                                                                                  
                                                                                                                                
2:22:34 PM                                                                                                                    
                                                                                                                                
HOUSE BILL NO. 307                                                                                                            
                                                                                                                                
     An Act relating to penalizing certain misdemeanor                                                                          
     domestic violence offenses as felonies.                                                                                    
                                                                                                                                
REPRESENTATIVE  LINDSEY HOLMES,  SPONSOR,  offered to  answer                                                                   
questions of the Committee.                                                                                                     
                                                                                                                                
                                                                                                                                
AT EASE:       2:24:07 PM                                                                                                     
RECONVENE:     2:27:11 PM                                                                                                     
                                                                                                                                
                                                                                                                                
Co-Chair Meyer  MOVED to ADOPT  Amendment 1, Page 2,  Line 8,                                                                   
deleting all material and inserting,  "Applies to convictions                                                                   
on or  after the  effective date  of this  Act".   Vice-Chair                                                                   
Stoltze OBJECTED for discussion purposes.                                                                                       
                                                                                                                                
Co-Chair  Meyer recalled  previous  discussion regarding  the                                                                   
pro  or retro-activity  and  if it  could  reduce the  fiscal                                                                   
impact.                                                                                                                         
                                                                                                                                
2:28:26 PM                                                                                                                    
                                                                                                                                
DOUG WOOLIVER, ADMINISTRATIVE  ATTORNEY, ALASKA COURT SYSTEM,                                                                   
directed his comments  to the bill.  He pointed  out that the                                                                   
Court System is  the agency that generated the  fiscal notes.                                                                   
He apologized for the tardy note  from the Courts and offered                                                                   
to answer questions of the Committee regarding the notes.                                                                       
                                                                                                                                
2:30:06 PM                                                                                                                    
                                                                                                                                
Vice-Chair Stoltze  asked the sponsor's intent  regarding the                                                                   
pro  & retro  activity of  the bill.   Representative  Holmes                                                                   
replied  she realizes  both  sides  of the  matter;  however,                                                                   
noted concerns  voiced  by the Network  on Domestic  Violence                                                                   
and Sexual  Assault regarding  offenders  who already  have a                                                                   
couple strikes.   The Network  worries about victims  who are                                                                   
not   perpetrators    but   have   already    plead   guilty.                                                                   
Representative  Holmes  understood the  merit  of making  the                                                                   
legislation prospective.                                                                                                        
                                                                                                                                
Vice-Chair  Stoltze asked if  Representative Holmes  supports                                                                   
Amendment  1.   Representative  Holmes replied  she does  not                                                                   
oppose it, however, could not  say that she actually supports                                                                   
it.   She expects to  see the bill  move forward so  that the                                                                   
law  can  be  enforced.    She  said  she  will  respect  the                                                                   
Committee's decision given the high fiscal cost.                                                                                
                                                                                                                                
2:34:27 PM                                                                                                                    
                                                                                                                                
Representative   Hawker  asked   the   consequences  to   the                                                                   
Department of Corrections if the amendment did not pass.                                                                        
                                                                                                                                
DWAYNE   PEEPLES,   DEPUTY   COMMISSIONER,    DEPARTMENT   OF                                                                   
CORRECTIONS,  explained that  the  Department of  Corrections                                                                   
had  a   difficult  time   determining  the  fiscal   impact,                                                                   
consequently chose the numbers  determined by the Courts.  He                                                                   
assumed it  could take up to three  to four years to  build a                                                                   
point of heavy incarceration.  He deferred to the Courts.                                                                       
                                                                                                                                
Representative    Hawker    stated   that    deferring    the                                                                   
implementation date, would only  be a deferral of the phased-                                                                   
in fiscal cost.   Mr. Peeples assumed that was  correct.  Mr.                                                                   
Wooliver  advised that  would not  be the  only variable  and                                                                   
with the  passage of the bill,  could also change  the manner                                                                   
in which cases are plead and prosecuted.                                                                                        
                                                                                                                                
2:37:58 PM                                                                                                                    
                                                                                                                                
Representative  Hawker   acknowledged  that  there   will  be                                                                   
additional variables,  difficult to quantify.   He understood                                                                   
that the intent of the bill is:                                                                                                 
                                                                                                                                
   ·    Punish the guilty, and                                                                                                  
   ·    Create and establish a disincentive for people to                                                                       
        become guilty.                                                                                                          
                                                                                                                                
Representative Hawker questioned  how much of a deterrent the                                                                   
bill  is expected  to create.    Mr. Wooliver  did not  know;                                                                   
however,  from other  cases, increasing  a  penalty does  not                                                                   
necessarily decrease the incidences of crime.                                                                                   
                                                                                                                                
Representative   Joule   observed   that  over   the   years,                                                                   
indeterminate  fiscal notes  continue to  grow the  operating                                                                   
budget.  In response, Mr. Wooliver  explained that the Courts                                                                   
can  not determine  the long-term  effect from  indeterminate                                                                   
notes on  the General Fund's  operating budget.   Mr. Peeples                                                                   
added that the Department of Corrections  does not track such                                                                   
impact or information.                                                                                                          
                                                                                                                                
Representative  Joule worried about  the State being  able to                                                                   
sustain funding for the legislation over the long-term.                                                                         
                                                                                                                                
2:44:55 PM                                                                                                                    
                                                                                                                                
Co-Chair Chenault acknowledged  that the legislation is good,                                                                   
however,  any indeterminate  fiscal notes  concern him.   For                                                                   
the Department  of Corrections  alone, the costs  will amount                                                                   
to  $12  million  dollars  by   2014.    He  appreciated  the                                                                   
department's  effort to  provide accurate  dollar costs.   He                                                                   
said that  he supports the  bill, however, Committee  members                                                                   
should realize actual costs of such legislation.                                                                                
                                                                                                                                
2:46:52 PM                                                                                                                    
                                                                                                                                
Co-Chair  Meyer pointed  out that  the amendment  temporarily                                                                   
impacts the fiscal notes.                                                                                                       
                                                                                                                                
Representative Nelson maintained  that a perpetrator with two                                                                   
prior  convictions, indicates  a  person that  has a  serious                                                                   
problem.    She worried  about  patterns  established  during                                                                   
domestic  violence  altercations.    Some  domestic  violence                                                                   
cases are never  reported.  She believed that there  is a lot                                                                   
of  psychology involved  in the  convictions.   She  stressed                                                                   
that this  legislation is a "Lot  more than a  fiscal impact;                                                                   
it  is  a  human  impact,  which  affects  children".    Once                                                                   
children  become  involved,  the   impact  can  affect  other                                                                   
department fiscally, down the road.                                                                                             
                                                                                                                                
2:50:02 PM                                                                                                                    
                                                                                                                                
Representative  Gara echoed comments  made by  Representative                                                                   
Nelson  and  asked  about the  corrections  included  in  the                                                                   
fiscal  notes.   Co-Chair  Chenault  responded  that for  the                                                                   
record, he had  requested notes representing  "real" numbers.                                                                   
Representative Gara agreed.                                                                                                     
                                                                                                                                
Representative Gara  asked if the amendment  does pass, would                                                                   
then only  the third conviction  qualify as a  felony charge.                                                                   
Mr. Peeples  pointed out that  the Department  of Corrections                                                                   
assumes  that if  the  amendment does  pass,  only the  third                                                                   
conviction  would  be  determined  a  felony,  accompanies  a                                                                   
longer jail sentence.  He said  the Department of Corrections                                                                   
was relying on the Court System assessment.                                                                                     
                                                                                                                                
Representative  Gara concluded, if  Amendment 1 should  pass,                                                                   
the  person  charged  with  misdemeanor   domestic  violence,                                                                   
whether they plead or go to trial,  would only go to jail for                                                                   
a  misdemeanor charge  and  it would  not  affect their  jail                                                                   
sentence.  He understood that  the jail sentence would not be                                                                   
affected until the third offense occurs.                                                                                        
                                                                                                                                
2:53:33 PM                                                                                                                    
                                                                                                                                
Mr. Wooliver advised that the  Alaska Court System would make                                                                   
the  same  analysis.    As long  as  the  offense  remains  a                                                                   
misdemeanor,  there  will  be  little  or no  impact  on  the                                                                   
Courts.  The  impact is reached when the  misdemeanor becomes                                                                   
a felony.   The Courts are  attempting to determine  how long                                                                   
it will  take a domestic  violence offender  to get  to their                                                                   
third domestic violence offense.                                                                                                
                                                                                                                                
Representative  Gara asked if  the sponsor would  include the                                                                   
amendment  based on  the  current analysis.    Representative                                                                   
Holmes responded that when the  bill was written, she assumed                                                                   
it would be retrospective and  thought that the offense would                                                                   
start at  the bill's  effective date.   Following  discussion                                                                   
with prosecutors,  it was obvious  it becomes  more difficult                                                                   
to make it  prospective.  She preferred it  be retrospective,                                                                   
however, would support implementation either way.                                                                               
                                                                                                                                
2:58:03 PM                                                                                                                    
                                                                                                                                
Representative Crawford  questioned if the  legislation could                                                                   
act as  a deterrent, helping  to break the domestic  violence                                                                   
cycle.    He  urged that  funds  be  placed  into  prevention                                                                   
education.   Representative Holmes  agreed that the aspect of                                                                   
prevention  must be  addressed,  pointing out  that the  Task                                                                   
Force report on domestic violence  and sexual assault will be                                                                   
available soon.   It provides many recommendations  in how to                                                                   
addressing the  need for prevention.   If it passes,  it will                                                                   
become  the   cornerstone  of  that  work.     Representative                                                                   
Crawford recommended  intervention at the time  of the second                                                                   
offense.  Representative Holmes supported that idea.                                                                            
                                                                                                                                
3:04:35 PM                                                                                                                    
                                                                                                                                
Representative  Kelly  noted  that  he would  not  object  to                                                                   
passing the  bill out of  Committee; however,  emphasized his                                                                   
concerns.   He spoke  in support of  Amendment 1,  because it                                                                   
adopts  lower fiscal  notes.   He worried that  the crime  is                                                                   
being classified  as a "hate  crime" because of  the domestic                                                                   
violence  association tag.   Mr.  Wooliver  advised that  the                                                                   
crime itself  would remain the same  and that no one  is ever                                                                   
charged with  a domestic violence  crime, but rather  with an                                                                   
                th                                                                                                              
assault in the 4  degree.  Representative  Kelly assumed that                                                                   
the set of  circumstances were identical, but  that one would                                                                   
be moved  to a felony if  associated with domestic  violence.                                                                   
Mr. Wooliver acknowledged under HB 307 that was correct.                                                                        
                                                                                                                                
Representative Kelly  expressed frustration on  the number of                                                                   
issues  the Committee  has  addressed dealing  with  domestic                                                                   
violence.   He commented  on his  philosophical reasons  that                                                                   
domestic  violence  has  become   such  an  epidemic  in  our                                                                   
society.                                                                                                                        
                                                                                                                                
3:08:29 PM                                                                                                                    
                                                                                                                                
Representative  Thomas  questioned if  the  fiscal note  took                                                                   
into consideration,  costs to  protective children  services.                                                                   
Mr.  Peeples  testified  that  the note  only  addresses  the                                                                   
incarceration costs.                                                                                                            
                                                                                                                                
Representative  Thomas noted  the amount  of press  regarding                                                                   
domestic violence issues resulting  from servicemen returning                                                                   
from  Iraq.    He  pointed out  that  if  a  military  person                                                                   
receives  three  convictions,   they  stand  to  loose  their                                                                   
military  career.   He asked  who assumes  the military  base                                                                   
jurisdiction.    Mr.  Wooliver  was  not  sure  about  crimes                                                                   
committed on military bases.                                                                                                    
                                                                                                                                
Representative  Thomas  urged   that  the  convicted  receive                                                                   
counseling.  He  related personal experience  during the Viet                                                                   
Nam war era.                                                                                                                    
                                                                                                                                
3:10:19 PM                                                                                                                    
                                                                                                                                
Representative   Joule  said  he   would  vote  against   the                                                                   
amendment.                                                                                                                      
                                                                                                                                
Representative Gara summarized  issue regarding how to punish                                                                   
people  engaged  in the  domestic  violent  conduct.   It  is                                                                   
difficult to prevent the behavior  through a sentencing bill.                                                                   
The  legislative concern  is not  what happens  at the  third                                                                   
sentencing  but  what  happens  the next  time  the  behavior                                                                   
occurs and how  will that victim be protected.   He suspected                                                                   
that the Courts will order some  type of treatment before the                                                                   
sentence is  over.   He asked about  a provision  providing a                                                                   
condition  of probation,  before contact  is allowed  between                                                                   
the  defendant and  the victim  and also  that counseling  be                                                                   
completed.                                                                                                                      
                                                                                                                                
3:15:04 PM                                                                                                                    
                                                                                                                                
Mr. Wooliver stated  that would not impact the  Court's note,                                                                   
pointing  out  that currently,  there  is a  requirement  for                                                                   
batterer's counseling.   He was not sure at  which offense it                                                                   
become law.   There exists practical implementation  concerns                                                                   
regarding the availability of treatment.                                                                                        
                                                                                                                                
Representative Gara recommended  that for the defendant to be                                                                   
considered  for  probation, counseling  should  be  mandatory                                                                   
after   each  conviction   and   making   the  third   felony                                                                   
prospective.                                                                                                                    
                                                                                                                                
3:16:52 PM                                                                                                                    
                                                                                                                                
Representative  Holmes recalled  the  discussions within  the                                                                   
Task Force.   She noted  concerns that the probation  periods                                                                   
are  often shorter  than  the counseling  programs,  creating                                                                   
timing issues.   She thought  that the  idea was a  good one;                                                                   
however,  she  would  need  adequate   time  to  address  the                                                                   
programs availability, who pays  and what hopefully, could be                                                                   
expected to be accomplished.                                                                                                    
                                                                                                                                
3:17:54 PM                                                                                                                    
                                                                                                                                
Representative  Crawford inquired what  was expected  for the                                                                   
defendant to  move a charge from  a misdemeanor to  a felony.                                                                   
He asked the duration of a no-contact order.                                                                                    
                                                                                                                                
ANNE CARPENETI,  ASSISTANT ATTORNEY  GENERAL, LEGAL  SERVICES                                                                   
SECTION-JUNEAU, CRIMINAL DIVISION,  DEPARTMENT OF LAW, stated                                                                   
that the  longest domestic violence  protective order  is six                                                                   
months;  violating  a protective  order  is  classified as  a                                                                   
Class A misdemeanor.                                                                                                            
                                                                                                                                
3:20:17 PM                                                                                                                    
                                                                                                                                
Representative  Crawford understood  that a protective  order                                                                   
would be applied for by the victim.   Ms. Carpeneti said yes.                                                                   
Representative  Crawford  asked if  there  could  be a  court                                                                   
mandated  separation  time.   Ms.  Carpeneti  explained  that                                                                   
generally,  when a  person applies  for  a domestic  violence                                                                   
protective  order,  the law  states  that  the judge  is  not                                                                   
supposed to let  the perpetrator back in the  home, which was                                                                   
litigated and found  defective.  It was challenged  on appeal                                                                   
and found to have constitutional problems.                                                                                      
                                                                                                                                
Representative  Crawford asked  how people  are able  to live                                                                   
together again  after there has  been a domestic  violent act                                                                   
committed.  Ms. Carpeneti explained  that at a certain point,                                                                   
there  is a  resolution of  the  case with  no conditions  of                                                                   
bail.  Sometimes the orders are disregarded.                                                                                    
                                                                                                                                
Mr.  Wooliver   added  that   those  are  domestic   violence                                                                   
restraining  orders and  are different  than  a condition  of                                                                   
probation.   The case referenced  by Ms. Carpeneti  was ruled                                                                   
unconstitutional  because it  was open-ended.   Now,  a long-                                                                   
term domestic violence restraining  order lasts for one year,                                                                   
which are civil matters, not criminal cases.                                                                                    
                                                                                                                                
3:23:35 PM                                                                                                                    
                                                                                                                                
Co-Chair Chenault  asked about the perpetrator  being allowed                                                                   
back into  the home.  Ms.  Carpeneti advised that  feature of                                                                   
the law has been determined defective.                                                                                          
                                                                                                                                
Co-Chair Meyer  referenced previous discussion  regarding the                                                                   
retroactivity potential.  Ms.  Carpeneti concluded at present                                                                   
time, when  prior convictions  are taken into  consideration,                                                                   
there  is  no formal  fact  finding  available  for  domestic                                                                   
violence.    She  did  not  think  those  findings  would  be                                                                   
adequate in defining a new offense.                                                                                             
                                                                                                                                
Co-Chair Meyer  pointed out that during  previous discussion,                                                                   
Representative  Holmes  agreed  to the  original  prospective                                                                   
intent.     Co-Chair  Meyer  acknowledged   the  encompassing                                                                   
Committee  discussion and  recommendations of  Representative                                                                   
Gara.    He suggested  that  the  bill  be held  for  further                                                                   
discussions between Representative Holmes, Representative                                                                       
Gara and his office.                                                                                                            
                                                                                                                                
3:27:00 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer WITHDREW Amendment 1.  There being NO                                                                            
OBJECTION, it was withdrawn.                                                                                                    
                                                                                                                                
Representative Hawker addressed the larger issues relative                                                                      
to the fiscal notes.  He requested that representatives for                                                                     
the notes be present at the next discussion.                                                                                    
                                                                                                                                
HB 307 was HELD in Committee for further consideration.                                                                         
3:28:23 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
The meeting was adjourned at 3:27 P.M.                                                                                          
                                                                                                                                

Document Name Date/Time Subjects