Legislature(2009 - 2010)HOUSE FINANCE 519

03/19/2010 01:30 PM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 298 SEX OFFENSES; OFFENDER REGIS.; SENTENCING TELECONFERENCED
Heard & Held
*+ HJR 48 CRIME VICTIMS FUND PRESERVATION ACT TELECONFERENCED
Moved Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
HOUSE JOINT RESOLUTION NO. 48                                                                                                 
                                                                                                                                
     Urging the United States Congress to pass the Crime                                                                        
     Victims Fund Preservation Act.                                                                                             
                                                                                                                                
1:37:56 PM                                                                                                                    
                                                                                                                                
HANNA   MCCARTY,   STAFF,  REPRESENTATIVE   BETH   KERTULLA,                                                                    
SPONSOR,  explained that  for more  than  twenty years,  the                                                                    
Victims  of Crime  Act (VOCA)  fund has  provided grants  to                                                                    
state victim  assistance programs  to fund services  to more                                                                    
than  four  million victims  of  all  types of  crimes.  She                                                                    
relayed that  no one chooses  to be  a victim of  crime, but                                                                    
when a crime does occur,  victims deserve to be treated with                                                                    
dignity   and  respect.   For  victims,   fairness  includes                                                                    
restoring health,  safety, and well-being. Without  the VOCA                                                                    
funding and  the direct services it  supports, crime victims                                                                    
go without  advocacy, medical and  mental health,  and legal                                                                    
services.                                                                                                                       
                                                                                                                                
Ms. McCarty  asked for support  in efforts to raise  the cap                                                                    
on the fund  in order to ensure that  VOCA assistance grants                                                                    
continue to support vital services.                                                                                             
                                                                                                                                
SAMANTHA ENGLISHOE, FIRST  ALASKANS INSTITUTE FELLOW, OFFICE                                                                    
OF  REPRESENTATIVE  BETH  KERTULLA,  SPONSOR,  informed  the                                                                    
committee that the Victims of  Crime Act of 1984 created the                                                                    
VOCA fund  as a  protected and  dedicated source  of funding                                                                    
for crime  victims' programs.  The fund  is not  financed by                                                                    
taxpayer revenue but by a  collection of fines, forfeitures,                                                                    
and  other penalties  paid  by  federal criminal  offenders.                                                                    
Each year VOCA dollars are  distributed to states to support                                                                    
two important  types of programs: crime  victim compensation                                                                    
programs,   which   reimburse  victims   for   crime-related                                                                    
expenses;  and  victim  assistant  programs,  which  provide                                                                    
victims with  direct support and  guidance in  the aftermath                                                                    
of crime.  The fund is  comprised of offender  penalties and                                                                    
fines, and the  amount of deposits into  the fund fluctuates                                                                    
from year to year. In  2000, Congress started capping annual                                                                    
obligations from the fund, saving  the amount collected over                                                                    
the cap to ensure the fund's stability.                                                                                         
                                                                                                                                
Ms. Englishoe  continued that  the VOCA  fund has  a current                                                                    
accumulated  balance of  nearly $3  billion. Under  the VOCA                                                                    
statutory  formula for  the  annual  distribution of  funds,                                                                    
state assistant grants are dependant  on the size of the cap                                                                    
and  the  amount  available for  those  grants  is  whatever                                                                    
remains after  other programs have  been funded.  Unless the                                                                    
cap is high enough, state  VOCA assistance grants are cut as                                                                    
other  VOCA-dependent costs  increase and  new under-the-cap                                                                    
programs  and  earmarks  are  added.  Despite  unprecedented                                                                    
deposits  into  the  fund, inadequate  caps  led  to  severe                                                                    
cutbacks  in VOCA's  victim assistance  grants from  2006 to                                                                    
2008,  causing a  devastating impact  on programs  providing                                                                    
direct services to crime victims.  However, at the same time                                                                    
as  the  state  victim  assistant grants  were  cut  by  $87                                                                    
million (22 percent), the fund  grew more than $700 million.                                                                    
The balance  would have been  available for  direct services                                                                    
if the cap minimum had been higher.                                                                                             
                                                                                                                                
1:42:14 PM                                                                                                                    
                                                                                                                                
Ms. Englishoe  maintained that under the  Crime Victims Fund                                                                    
Preservation Act,  the VOCA statute would  establish minimum                                                                    
funding levels for fiscal years  2010 through 2014, steadily                                                                    
drawing  down  a portion  of  the  accumulated balance.  The                                                                    
Office of Management and Budget  has projected that the fund                                                                    
will have a  balance of at least $1.3 billion  at the end of                                                                    
2014  even  with  the  minimum   caps.  The  fund  would  be                                                                    
sustainable and would not need other revenue sources.                                                                           
                                                                                                                                
Ms.  Englishoe  cited strong  state  support  for the  Crime                                                                    
Victims Fund  Preservation Act, including by  the Department                                                                    
of  Health and  Social  Services, the  Department of  Public                                                                    
Safety,  Alaska  Attorney  General Dan  Sullivan,  and  U.S.                                                                    
Congressman  Don Young.  In  addition, representatives  from                                                                    
the state Violent Crimes Compensation  Board and the Council                                                                    
on Domestic Violence and Sexual Assault were supportive.                                                                        
                                                                                                                                
Representative Gara voiced support for the measure.                                                                             
                                                                                                                                
Co-Chair  Stoltze  noted  the   absence  of  testimony  from                                                                    
Victims for Justice.                                                                                                            
                                                                                                                                
GERAD  GODFREY,  CHAIR,  VIOLENT CRIMES  COMPENSATION  BOARD                                                                    
(via teleconference),  spoke in support of  the legislation.                                                                    
He referred to  a letter of support for  the resolution from                                                                    
the  board  (copy  on  file). He  underlined  the  value  of                                                                    
providing  assistance  in  the recovery  and  rehabilitation                                                                    
process to innocent  victims of violent crime.  He noted the                                                                    
cost  benefit to  society,  as  counseling and  intervention                                                                    
often  serves   as  prevention   in  the   next  generation.                                                                    
Assistance  often  empowers  victims  to  remain  or  become                                                                    
productive members of society.                                                                                                  
                                                                                                                                
1:47:07 PM                                                                                                                    
                                                                                                                                
Co-Chair  Stoltze acknowledged  the  work of  the board.  He                                                                    
referred to the zero fiscal impact note.                                                                                        
                                                                                                                                
Co-Chair  Hawker MOVED  to report  HJR 48  out of  Committee                                                                    
with individual recommendations  and the accompanying fiscal                                                                    
note. There being NO OBJECTION, it was so ordered.                                                                              
                                                                                                                                
HJR  48 was  REPORTED  out  of Committee  with  a "do  pass"                                                                    
recommendation  and with  attached  new fiscal  note by  the                                                                    
Legislative Affairs Agency.                                                                                                     
                                                                                                                                

Document Name Date/Time Subjects
HB 298 Governor's Transmittal Letter.pdf HFIN 3/19/2010 1:30:00 PM
HB 298
HB 298 Sectional Analysis.PDF HFIN 3/19/2010 1:30:00 PM
HB 298
10-02-22 HJR 48 Violent Crimes Compensation Board Letter of Support.pdf HFIN 3/19/2010 1:30:00 PM
HJR 48
10-03-01 HJR 48 VOCA Background.pdf HFIN 3/19/2010 1:30:00 PM
HJR 48
10-03-04 HJR 48 S.1342 and H.R. 3402 Fact Sheet.pdf HFIN 3/19/2010 1:30:00 PM
HJR 48
10-03-04 HJR 48 Federal Legislation H.R. 3402.pdf HFIN 3/19/2010 1:30:00 PM
HJR 48
10-03-04 HJR 48 Federal Legislation S.1340.pdf HFIN 3/19/2010 1:30:00 PM
HJR 48
10-03-04 HJR 48 Letter of Support for federal legislation by Members of Congress.pdf HFIN 3/19/2010 1:30:00 PM
HJR 48
10-03-04 HJR 48 Letter of Support for federal legislation by National Association of Attorneys General.pdf HFIN 3/19/2010 1:30:00 PM
HJR 48
10-03-04 HJR 48 NCSL Resolution in Support of Crime Victims Preservation Act.pdf HFIN 3/19/2010 1:30:00 PM
HJR 48
10-03-04 HJR 48 Resolution in Support of Crime Victims Preservation Act.pdf HFIN 3/19/2010 1:30:00 PM
HJR 48
10-03-04 HJR 48 Sponsor Statement.pdf HFIN 3/19/2010 1:30:00 PM
HJR 48
10-03-10 HJR 48 Council on Domestic Violence & Sexual Assault Letter of Support.pdf HFIN 3/19/2010 1:30:00 PM
HJR 48
10-03-16 HJR 48 Letter of Support AK Women's Lobby.pdf HFIN 3/19/2010 1:30:00 PM
HB 298 Opposition Letter.pdf HFIN 3/19/2010 1:30:00 PM
HB 298
ACLU .HB 298.Constitutional Analysis.2010.03.19.pdf HFIN 3/19/2010 1:30:00 PM
HB 298
HJR48-NEW LEG-COU-3-19-10.pdf HFIN 3/19/2010 1:30:00 PM
HB 298 DPS Maps.pdf HFIN 3/19/2010 1:30:00 PM
HB 298