Legislature(1993 - 1994)

03/03/1993 01:30 PM FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
                                                                               
                     HOUSE FINANCE COMMITTEE                                   
                          March 3, 1993                                        
                            1:30 P.M.                                          
                                                                               
  TAPE HFC 93 - 36, Side 1, #000 - end.                                        
  TAPE HFC 93 - 36, Side 2, #000 - end.                                        
  TAPE HFC 93 - 37, Side 1, #000 - #632.                                       
                                                                               
  CALL TO ORDER                                                                
                                                                               
  Co-Chair Ron Larson called the meeting of the House  Finance                 
  Committee to order at 1:30 P.M.                                              
                                                                               
  PRESENT                                                                      
                                                                               
  Co-Chair Larson                    Representative Brown                      
  Co-Chair MacLean                   Representative Foster                     
  Vice-Chair Hanley                  Representative                            
  Grussendorf                                                                  
  Representative Hoffman             Representative Martin                     
  Representative Navarre             Representative Parnell                    
  Representative Therriault                                                    
                                                                               
  ALSO PRESENT                                                                 
                                                                               
  Representative  Pete  Kott;  Representative   Eldon  Mulder;                 
  Representative Ed Willis; Representative Brian Porter; Brant                 
  McGhee, Director,  Office  of Public  Advocacy  (OPA);  Doug                 
  Wooliver,  Staff  Attorney,   Representative  Barnes;   C.E.                 
  Swackhammer, Deputy  Commissioner, Office of  Public Safety;                 
  Dean   J.  Guaneli,   Chief,  Assistant   Attorney  General,                 
  Department of Law;  Jeff Morrison, Director,  Administrative                 
  and Support Services  Division, Department  of Military  and                 
  Veterans Affairs.                                                            
                                                                               
  SUMMARY INFORMATION                                                          
  *hb43                                                                        
  HB 43     An Act relating to the crime of conspiracy.                        
                                                                               
            HB   43   was  held   in  Committee   for  further                 
            discussion.  The bill  was placed in  subcommittee                 
            with  Representative  Hanley  as  Chair  and  with                 
            members Representative Parnell  and Representative                 
            Hoffman.                                                           
  HB 69     An Act relating to registration of and information                 
            about sex offenders  and amending Alaska Rules  of                 
            Criminal Procedure 11(c) and 32(b).                                
                                                                               
            HB   69  was   held  in   Committee  for   further                 
                                                                               
                                1                                              
                                                                               
                                                                               
            discussion.  The bill was placed in a subcommittee                 
            with Representative  Therriault as Chair  and with                 
            members  Representative  Brown  and Representative                 
            Martin.                                                            
  HB 55     An Act making appropriations for the operating and                 
            loan program expenses  of state government and  to                 
            capitalize funds;  and providing for  an effective                 
            date.                                                              
                                                                               
            The   Committee   adopted   the    Department   of                 
            Administration and the  Department of Military and                 
            Veteran Affairs subcommittee recommendations.                      
                                                                               
  Co-Chair   Larson  explained   the  procedures   for  budget                 
  closeouts and the procedural  policies regarding amendments.                 
  Co-Chair Larson advised members that  a written policy would                 
  be issued.                                                                   
                                                                               
  DEPARTMENT OF ADMINISTRATION                                                 
                                                                               
  The Department  of Administration  Subcommittee consists  of                 
  Chair Representative Larson and members Representative Kott,                 
  Representative    Green,     Representative    Brown     and                 
  Representative Hoffman.                                                      
                                                                               
  Co-Chair  Larson advised members of the Committee's previous                 
  action   regarding    the   Administration    subcommittee's                 
  recommendations (see 3/02/92  minutes).   He MOVED to  adopt                 
  the  subcommittee  recommendations referenced  in Attachment                 
  Brown OBJECTED for further clarification that all components                 
  would remain open for amendments during closeouts.  Co-Chair                 
  Larson concurred that  would be the policy.   Representative                 
  Brown WITHDREW HER OBJECTION.                                                
                                                                               
       *    System  wide  miscellaneous  reduction  of  $389.9                 
            thousand dollars.                                                  
                                                                               
       *    Public   Defender   Agency  reduction   of  $166.8                 
            thousand dollars.                                                  
                                                                               
       *    Office of Public Advocacy reduction to incremental                 
            funding of $14.1 thousand dollars.                                 
                                                                               
  There being NO OBJECTION to the above recommendations.  They                 
  were so ordered.                                                             
                                                                               
  Co-Chair  Larson  MOVED  to  incorporate   into  HB  55  the                 
  Department of Administration Subcommittee recommendations as                 
  listed in Attachment #1.   There being NO OBJECTION,  it was                 
  so ordered.                                                                  
                                                                               
                                2                                              
                                                                               
                                                                               
  DEPARTMENT OF MILITARY AND VETERANS AFFAIRS                                  
                                                                               
  The Department of Military and Veterans Affairs Subcommittee                 
  consists  of Chair  Representative Foster  and with  members                 
  Representative Kott,  Representative Mulder,  Representative                 
  Willis and Representative Hoffman.                                           
                                                                               
  Representative Foster provided members with a summary of the                 
  Department  of Military  and Veterans  Affairs (DMVA)  House                 
  Finance  Subcommittee's  proposed  decrements.   [Attachment                 
  $60.3 thousand dollars  below the FY 94  Governor's proposed                 
  budget.                                                                      
                                                                               
  Representative Foster  discussed the  Disaster Planning  and                 
  Control  decrement  of $60  thousand  dollars for  the river                 
  dusting program.                                                             
  Representative Hoffman asked  how much  money last year  was                 
  spent on disaster funding in the Yukon River area.                           
                                                                               
  JEFF MORRISON, DIRECTOR, ADMINISTRATIVE AND SUPPORT SERVICES                 
  DIVISION,  DEPARTMENT  OF  MILITARY  AND  VETERAN   AFFAIRS,                 
  replied the upper  Yukon River disaster last  year cost $1.3                 
  million dollars.   Representative Hoffman  noted his concern                 
  that river dusting assists in reducing the risk of flooding.                 
  He felt the high cost of  disasters could be alleviated with                 
  adding the disaster planning and control increment back into                 
  the budget.                                                                  
                                                                               
  Representative Foster discussed two amendments which will be                 
  offered to the Department's budget:                                          
                                                                               
       *    An Army Guard Facilities maintenance $280 thousand                 
            dollar increment which would allow  the Army Guard                 
            to   perform  four   instead  of   two  preventive                 
            maintenance cycles during 1994.  [Attachment #2].                  
                                                                               
       *    Funding of the Death Gratuity  component at the FY                 
            93  level   for  $270   thousand  dollars.     The                 
            Governor's budget had  zeroed out this  line item.                 
            [Attachment #3].                                                   
                                                                               
  Representative  Hanley  MOVED  that  the  DMVA  subcommittee                 
  recommendations  be incorporated into HB 55.  There being NO                 
  OBJECTION, it was so ordered.                                                
  HOUSE BILL 43                                                                
                                                                               
       "An Act relating to the crime of conspiracy."                           
                                                                               
  REPRESENTATIVE BRIAN PORTER  testified in support of  HB 43.                 
                                                                               
                                3                                              
                                                                               
                                                                               
  The proposed legislation creates a new crime of "conspiracy"                 
  in State law.  An offender commits the crime if:                             
                                                                               
       *    With intent to commit a "serious felon offense";                   
                                                                               
       *    The offender agrees with one or more to commit the                 
            offense;                                                           
                                                                               
       *    The offender or one of the others perform an overt                 
            act in furtherance of the conspiracy.                              
                                                                               
  He stated that the adoption of the bill would provide Alaska                 
  law enforcement  officers and  prosecutors  with a  valuable                 
  tool which is  available to  law enforcement authorities  in                 
  the federal system and in most  other states.  If sufficient                 
  evidence of a conspiracy  is obtained, charges may  be filed                 
  and arrests made before the conspirators actually commit the                 
  underlying planned serious felon offense.                                    
                                                                               
  Representative Porter  added, in  addition  to allowing  the                 
  apprehension of offenders at an earlier stage of the planned                 
  crime,  the adoption  of a conspiracy  law would  permit the                 
  introduction of additional evidence  in a trial.  Thus,  the                 
  jury would be permitted to  hear, for example, more evidence                 
  about the overall drug operation,  rather than being limited                 
  to evidence  about specific  drug sales  on specific  dates.                 
  The  jury therefore would  not view the  sales in isolation,                 
  but would see the "big picture".                                             
                                                                               
  In   cases  where  the   underlying  offense   was  actually                 
  committed,  defendants  charged  both  with  conspiracy  and                 
  another  crime may  be  more likely  to  cooperate with  the                 
  prosecution in  an effort to  obtain a reduced  charge; this                 
  may reduce the  number of trials.   Another potential  cost-                 
  savings is that multiple defendants  charged with conspiracy                 
  will be able  to be tried  jointly, rather than in  separate                 
  trials as is generally required.                                             
                                                                               
  (Tape Change, HFC 93 -36, Side 2).                                           
                                                                               
  Representative Porter  pointed  out  the  Letter  of  Intent                 
  provided by the  House Judiciary Committee.   He thought the                 
  fiscal  notes  by  the  Department  of  Administration  were                 
  questionable.                                                                
                                                                               
  Co-Chair MacLean asked for an explanation of an "overt act".                 
  Representative   Porter   stated   there   are   definitions                 
  throughout other states  although Alaska has not  defined it                 
  to date.  He provided the Committee with examples of "overt"                 
  crimes.                                                                      
                                                                               
  Co-Chair MacLean questioned if a conspiracy was taking place                 
                                                                               
                                4                                              
                                                                               
                                                                               
  over the  telephone, at  which location  would the crime  be                 
  charged and  a  hearing determined.   Representative  Porter                 
  deferred the question to the Department of Law.  He added it                 
  would  not be  a federal offense  unless it was  made over a                 
  state  line.   Co-Chair  MacLean  disagreed with  the fiscal                 
  impact of the bill.                                                          
                                                                               
  Representative Hoffman  stressed the expense of the proposed                 
  fiscal  notes when currently,  rural Alaska  is experiencing                 
  insufficient representation due to  limited public defenders                 
  and judges.   Representative Porter  acknowledged that there                 
  are problems existing  in the  rural areas and  reemphasized                 
  his concern  with the  proposed  fiscal impact.   The  court                 
  system in Alaska has not had experience in criminal trials.                  
                                                                               
  Representative Brown questioned how the proposed legislation                 
  would  differ from  other laws  specifically A.S.  11.31.10,                 
  11.16.10,  11.31.100.    Representative Porter  stated  that                 
  there are solicitation  and attempt crimes currently  on the                 
  books  and explained the difference between solicitation and                 
  conspiracy.    Conspiracy fills  a  small and  important gap                 
  particularly in drug crimes.                                                 
                                                                               
  Representative Brown asked  if a  person has a  conversation                 
  with  someone  else regarding a  crime to be committed,  but                 
  does not commit the  crime, could they be charged  with that                 
  crime.   Representative Porter  replied, they  could, if  an                 
  overt act was  the result of the conspiracy.  Representative                 
  Brown  asked the  involvement  of a  person  unaware of  the                 
  criminal nature of the crime.   Representative Porter stated                 
  that  a  crime of  conspiracy  does  not occur  with  just a                 
  conversation, there  must be at  least one overt  act before                 
  the offense occurs.  Discussion  followed regarding at which                 
  point a person would become guilty of an "overt" act.                        
                                                                               
  BRANT  MCGHEE, DIRECTOR,  OFFICE OF  PUBLIC  ADVOCACY (OPA),                 
  ANCHORAGE,  ALASKA,  testified   via  teleconference.     He                 
  clarified  that  the  Office  of  Public Advocacy  does  not                 
  believe that the passage of the laws which recriminalize the                 
  use and  possession of marijuana would lead  to an onslaught                 
  of criminal cases.  He pointed out that the fiscal note does                 
  not reflect an increase in case levels.                                      
                                                                               
  The  reasons for  increased  costs to  the Office  of Public                 
  Advocacy are three fold:                                                     
                                                                               
       *    These are serious  felony cases.  Many  hours will                 
            be involved in preparation for trial.                              
                                                                               
       *    There  will  be  multiple co-defendants.    OPA is                 
            responsible for representing  people with whom the                 
            public defender agency has a conflict of interest.                 
                                                                               
                                5                                              
                                                                               
                                                                               
                 *    Joint trialsaccrue greater trialcosts by                 
                      prosecutingpeopleperipherallyinvolved.Joint              
                      trialsarerequiredandthesetrialsarelengthy.               
                                                                               
  Mr. McGhee pointed out that there are federal conspiracy and                 
  federal drug laws  in existence, both  of which are used  in                 
  Alaska.   He  questioned why  the  State is  volunteering to                 
  undertake the responsibility of these costs.                                 
                                                                               
  Representative Grussendorf interjected that he did not think                 
  the zero fiscal notes submitted by the Department of Law and                 
  the Department of Public Safety were reasonable.                             
                                                                               
  Co-Chair  MacLean asked the  difference between a conspiracy                 
  and being an accomplice.                                                     
                                                                               
  DEAN J. GUANELI, CHIEF, ASSISTANT ATTORNEY GENERAL, CRIMINAL                 
  DIVISION, DEPARTMENT OF LAW, explained the different ways to                 
  commit offenses  under criminal  law.   The conspiracy  bill                 
  addresses conduct which  does not  go as far  as aiding  and                 
  assisting crime.   The bill addresses the  agreement between                 
  two people to commit a crime.  Current Alaska law does cover                 
  some of these  events, although, he  pointed out that  there                 
  are situations which  can not be addressed  without proposed                 
  legislation.                                                                 
                                                                               
  Mr. Guaneli defined an  "overt" act as something to  be done                 
  in furtherance of a  conspiracy.  He pointed out  that there                 
  is a definition included in the  Senate version of the bill:                 
  "'Overt act' furthers  conspiracy, an act of  such character                 
  that it manifests the purpose on  the part of the actor that                 
  the object of the conspiracy be completed."                                  
                                                                               
  (Tape Change, HFC 93-37, Side 2).                                            
                                                                               
  Representative Grussendorf  reiterated his concern  with the                 
  zero fiscal note  provided by  the Department of  Law.   Mr.                 
  Guaneli stated it would be possible to tie some of the cases                 
  together so that one  conspiracy case can go to  joint trial                 
  under the  rules of evidence.   He added  that this type  of                 
  legislation allows the  jury to consider more  evidence from                 
  the  background of the  criminal organization  which becomes                 
  directly relevant to the conspiracy charge.  This allows the                 
  prosecution to put together a stronger case against criminal                 
  organizations.                                                               
                                                                               
  HB  43  was  placed in  a  subcommittee  with Representative                 
  Hanley as Chair and with  members Representative Hoffman and                 
  Representative Parnell.  The bill  was HELD in Committee for                 
  further discussion.  k#hb69                                                  
                                                                               
                                6                                              
                                                                               
                                                                               
  HOUSE BILL 69                                                                
                                                                               
       "An  Act relating  to registration  of and  information                 
       about  sex  offenders  and  amending  Alaska  Rules  of                 
       Criminal Procedure 11(c) and 32(b)."                                    
                                                                               
  DOUG  WOOLIVER,  ATTORNEY,  AIDE  TO  REPRESENTATIVE  RAMONA                 
  BARNES,  testified  in  support  of  HB  69.   The  proposed                 
  legislation would  require all  persons who  are present  in                 
  Alaska and have  been convicted of  sex crimes in Alaska  or                 
  any other state to register  with the Alaska State Troopers.                 
  For a period of  years, they must provide the  Troopers with                 
  updated  information including their places of residence and                 
  employment.                                                                  
                                                                               
  He  added  that  by  improving  the  access  to  information                 
  regarding sex  offenders that reside  in Alaska, HB  69 will                 
  better enable  employers, volunteer coordinators  and others                 
  to effectively screen  those who may work around children or                 
  in any other position where people  may be vulnerable.  This                 
  is important because not only do  sex offenders tend to have                 
  multiple  victims,  but  they also  frequently  repeat their                 
  crimes even after serving time in prison.  By being required                 
  to register, sex  offenders may not  only be less likely  to                 
  commit such crimes  again, but if  they do, law  enforcement                 
  personnel  will have a better chance  of identifying them as                 
  well as a better idea of where to find them.                                 
                                                                               
  Representative  Martin questioned  the amount  spent  by the                 
  State  to rehabilitation sex  offenders.   He felt  that the                 
  proposed legislation would be  discriminatory to individuals                 
  once convicted of a sex offense.  Mr. Wooliver noted that it                 
  is questionable if rehabilitation can  be effective for this                 
  type  of  crime.   Representative  Parnell  pointed  out the                 
  registration period would  last between ten and  twenty-five                 
  years.                                                                       
                                                                               
  C. E. SWACKHAMMER, DEPUTY COMMISSIONER, DEPARTMENT OF PUBLIC                 
  SAFETY (DPS), explained  that the  fiscal note submitted  by                 
  DPS was based upon the need  of  one person assimilating the                 
  data information required  and making computer entries.   It                 
  also includes advertising costs.                                             
                                                                               
  Representative Brown questioned the DNA type blood analysis.                 
  Mr. Swackhammer  stated that  DNA testing  is comparable  to                 
  finger   printing.      The   cost   and   technology   make                 
  implementation of this program prohibitive.   Representative                 
  Brown pointed out her concerns with the DNA analysis and the                 
  confidentiality of  that information.   She  asked that  any                 
  redrafting  of  the  legislation  include  scrutiny  of  DNA                 
  analysis  and   confidentiality  of  records.     Discussion                 
  followed    regarding     insurance    complications     and                 
                                                                               
                                7                                              
                                                                               
                                                                               
  discrimination.    Representative Brown  concluded  with two                 
  concerns:                                                                    
                                                                               
       *    It is unreasonable to assume  that DPS could code,                 
            test,  document   and  do  applications   for  the                 
            requested fiscal note of $4 thousand dollars;                      
                                                                               
       *    Fiscal note did  not include persons in  the rural                 
            areas.  She felt that this was unequal application                 
            of the law.                                                        
                                                                               
  Mr. Swackhammer reminded  Committee members that twenty-five                 
  percent of  the Alaska  jail population  are sex  offenders.                 
  This  is  one  of the  highest  rates in  the  nation.   One                 
  offender can  affect as many  as twenty-five or  more lives.                 
  He added that the  public deserves the right  to protection.                 
  He emphasized that reasonable efforts must be made to try to                 
  provide that protection.                                                     
                                                                               
  Co-Chair  Larson  placed  HB  69   in  a  subcommittee  with                 
  Representative   Therriault  as   Chair  and   with  members                 
  Representative Brown and  Representative Martin.  HB  69 was                 
  HELD in Committee for further discussion.                                    
  ADJOURNMENT                                                                  
                                                                               
  The meeting adjourned at 3:35 P.M.                                           
                                                                               
                                                                               
                     HOUSE FINANCE COMMITTEE                                   
                          March 3, 1993                                        
                            1:30 P.M.                                          
                                                                               
  TAPE HFC 93 - 36, Side 1, #000 - end.                                        
  TAPE HFC 93 - 36, Side 2, #000 - end.                                        
  TAPE HFC 93 - 37, Side 1, #000 - #632.                                       
                                                                               
  CALL TO ORDER                                                                
                                                                               
  Co-Chair Ron Larson called the  meeting of the House Finance                 
  Committee to order at 1:30 P.M.                                              
                                                                               
  PRESENT                                                                      
                                                                               
  Co-Chair Larson                    Representative Brown                      
  Co-Chair MacLean                   Representative Foster                     
  Vice-Chair Hanley                  Representative                            
  Grussendorf                                                                  
  Representative Hoffman             Representative Martin                     
  Representative Navarre             Representative Parnell                    
                                                                               
                                8                                              
                                                                               
                                                                               
  Representative Therriault                                                    
                                                                               
  ALSO PRESENT                                                                 
                                                                               
  Representative  Pete  Kott;  Representative   Eldon  Mulder;                 
  Representative Ed Willis; Representative Brian Porter; Brant                 
  McGhee,  Director,  Office of  Public  Advocacy  (OPA); Doug                 
  Wooliver,  Staff  Attorney,   Representative  Barnes;   C.E.                 
  Swackhammer, Deputy  Commissioner, Office of  Public Safety;                 
  Dean  J.   Guaneli,  Chief,   Assistant  Attorney   General,                 
  Department of  Law; Jeff Morrison,  Director, Administrative                 
  and Support  Services Division,  Department of  Military and                 
  Veterans Affairs.                                                            
                                                                               
  SUMMARY INFORMATION                                                          
                                                                               
  HB 43     An Act relating to the crime of conspiracy.                        
                                                                               
            HB   43  was   held  in   Committee  for   further                 
            discussion.  The  bill was placed  in subcommittee                 
            with  Representative  Hanley  as  Chair  and  with                 
            members Representative Parnell  and Representative                 
            Hoffman.                                                           
                                                                               
  HB 69     An Act relating to registration of and information                 
            about sex  offenders and amending Alaska  Rules of                 
            Criminal Procedure 11(c) and 32(b).                                
                                                                               
            HB   69  was   held  in   Committee   for  further                 
            discussion.  The bill was placed in a subcommittee                 
            with Representative Therriault  as Chair and  with                 
            members  Representative  Brown  and Representative                 
            Martin.                                                            
                                                                               
  HB 55     An Act making appropriations for the operating and                 
            loan program expenses of  state government and  to                 
            capitalize funds; and  providing for an  effective                 
            date.                                                              
                                                                               
            The   Committee   adopted   the    Department   of                 
            Administration and the Department of Military  and                 
            Veteran Affairs subcommittee recommendations.                      
                                                                               
  Co-Chair  Larson   explained  the   procedures  for   budget                 
  closeouts and the  procedural policies regarding amendments.                 
  Co-Chair Larson advised members that  a written policy would                 
  be issued.                                                                   
                                                                               
  DEPARTMENT OF ADMINISTRATION                                                 
                                                                               
  The  Department of  Administration Subcommittee  consists of                 
  Chair Representative Larson and members Representative Kott,                 
                                                                               
                                9                                              
                                                                               
                                                                               
  Representative    Green,     Representative    Brown     and                 
  Representative Hoffman.                                                      
                                                                               
  Co-Chair Larson advised members of the Committee's  previous                 
  action   regarding    the   Administration    subcommittee's                 
  recommendations (see 3/02/92  minutes).   He MOVED to  adopt                 
  the  subcommittee  recommendations referenced  in Attachment                 
  Brown OBJECTED for further clarification that all components                 
  would remain open for amendments during closeouts.  Co-Chair                 
  Larson concurred that  would be the policy.   Representative                 
  Brown WITHDREW HER OBJECTION.                                                
                                                                               
       *    System  wide  miscellaneous  reduction  of  $389.9                 
            thousand dollars.                                                  
                                                                               
       *    Public   Defender   Agency  reduction   of  $166.8                 
            thousand dollars.                                                  
                                                                               
       *    Office of Public Advocacy reduction to incremental                 
            funding of $14.1 thousand dollars.                                 
                                                                               
  There being NO OBJECTION to the above recommendations.  They                 
  were so ordered.                                                             
                                                                               
  Co-Chair  Larson  MOVED  to  incorporate   into  HB  55  the                 
  Department of Administration Subcommittee recommendations as                 
  listed in Attachment #1.   There being NO OBJECTION,  it was                 
  so ordered.                                                                  
                                                                               
  DEPARTMENT OF MILITARY AND VETERANS AFFAIRS                                  
                                                                               
  The Department of Military and Veterans Affairs Subcommittee                 
  consists of  Chair Representative  Foster  and with  members                 
  Representative Kott,  Representative Mulder,  Representative                 
  Willis and Representative Hoffman.                                           
                                                                               
  Representative Foster provided members with a summary of the                 
  Department  of Military  and  Veterans Affairs  (DMVA) House                 
  Finance  Subcommittee's  proposed  decrements.   [Attachment                 
  $60.3 thousand dollars  below the FY 94  Governor's proposed                 
  budget.                                                                      
                                                                               
  Representative  Foster discussed  the Disaster  Planning and                 
  Control  decrement  of $60  thousand  dollars for  the river                 
  dusting program.                                                             
  Representative Hoffman asked  how much  money last year  was                 
  spent on disaster funding in the Yukon River area.                           
                                                                               
  JEFF MORRISON, DIRECTOR, ADMINISTRATIVE AND SUPPORT SERVICES                 
  DIVISION,  DEPARTMENT  OF  MILITARY   AND  VETERAN  AFFAIRS,                 
                                                                               
                               10                                              
                                                                               
                                                                               
  replied  the upper Yukon River  disaster last year cost $1.3                 
  million  dollars.  Representative  Hoffman noted his concern                 
  that river dusting assists in reducing the risk of flooding.                 
  He felt the high cost of  disasters could be alleviated with                 
  adding the disaster planning and control increment back into                 
  the budget.                                                                  
                                                                               
  Representative Foster discussed two amendments which will be                 
  offered to the Department's budget:                                          
                                                                               
       *    An Army Guard Facilities maintenance $280 thousand                 
            dollar increment which would  allow the Army Guard                 
            to  perform   four  instead   of  two   preventive                 
            maintenance cycles during 1994.  [Attachment #2].                  
                                                                               
       *    Funding of the Death Gratuity  component at the FY                 
            93  level   for  $270   thousand  dollars.     The                 
            Governor's budget  had zeroed out  this line item.                 
            [Attachment #3].                                                   
                                                                               
  Representative  Hanley  MOVED  that  the  DMVA  subcommittee                 
  recommendations be incorporated into HB 55.  There being  NO                 
  OBJECTION, it was so ordered.                                                
                                                                               
  HOUSE BILL 43                                                                
                                                                               
       "An Act relating to the crime of conspiracy."                           
                                                                               
  REPRESENTATIVE BRIAN PORTER  testified in support of  HB 43.                 
  The proposed legislation creates a new crime of "conspiracy"                 
  in State law.  An offender commits the crime if:                             
                                                                               
       *    With intent to commit a "serious felon offense";                   
                                                                               
       *    The offender agrees with one or more to commit the                 
            offense;                                                           
                                                                               
       *    The offender or one of the others perform an overt                 
            act in furtherance of the conspiracy.                              
                                                                               
  He stated that the adoption of the bill would provide Alaska                 
  law  enforcement  officers and  prosecutors with  a valuable                 
  tool which is  available to  law enforcement authorities  in                 
  the federal system and in most  other states.  If sufficient                 
  evidence of a  conspiracy is obtained, charges may  be filed                 
  and arrests made before the conspirators actually commit the                 
  underlying planned serious felon offense.                                    
                                                                               
  Representative  Porter  added, in  addition to  allowing the                 
  apprehension of offenders at an earlier stage of the planned                 
  crime, the  adoption of  a conspiracy  law would  permit the                 
  introduction of additional evidence  in a trial.   Thus, the                 
                                                                               
                               11                                              
                                                                               
                                                                               
  jury would be  permitted to hear, for example, more evidence                 
  about the overall drug operation,  rather than being limited                 
  to evidence  about specific  drug sales  on specific  dates.                 
  The jury therefore  would not view  the sales in  isolation,                 
  but would see the "big picture".                                             
                                                                               
  In  cases  where   the  underlying   offense  was   actually                 
  committed,  defendants  charged  both  with  conspiracy  and                 
  another crime  may  be more  likely  to cooperate  with  the                 
  prosecution in an  effort to obtain  a reduced charge;  this                 
  may reduce  the number of  trials.  Another  potential cost-                 
  savings is that multiple  defendants charged with conspiracy                 
  will be able  to be tried  jointly, rather than in  separate                 
  trials as is generally required.                                             
                                                                               
  (Tape Change, HFC 93 -36, Side 2).                                           
                                                                               
  Representative  Porter  pointed  out  the  Letter  of Intent                 
  provided  by the House Judiciary  Committee.  He thought the                 
  fiscal  notes  by  the  Department  of  Administration  were                 
  questionable.                                                                
                                                                               
  Co-Chair MacLean asked for an explanation of an "overt act".                 
  Representative   Porter   stated   there   are   definitions                 
  throughout other states  although Alaska has not  defined it                 
  to date.  He provided the Committee with examples of "overt"                 
  crimes.                                                                      
                                                                               
  Co-Chair MacLean questioned if a conspiracy was taking place                 
  over  the telephone, at  which location  would the  crime be                 
  charged  and a  hearing determined.   Representative  Porter                 
  deferred the question to the Department of Law.  He added it                 
  would not  be a federal  offense unless  it was made  over a                 
  state  line.   Co-Chair  MacLean  disagreed with  the fiscal                 
  impact of the bill.                                                          
                                                                               
  Representative Hoffman stressed the expense of  the proposed                 
  fiscal notes  when currently,  rural Alaska  is experiencing                 
  insufficient representation due  to limited public defenders                 
  and judges.   Representative Porter acknowledged  that there                 
  are problems existing  in the  rural areas and  reemphasized                 
  his  concern with  the proposed  fiscal impact.   The  court                 
  system in Alaska has not had experience in criminal trials.                  
                                                                               
  Representative Brown questioned how the proposed legislation                 
  would  differ from  other  laws specifically  A.S. 11.31.10,                 
  11.16.10, 11.31.100.    Representative  Porter  stated  that                 
  there are solicitation  and attempt crimes currently  on the                 
  books and explained the difference  between solicitation and                 
  conspiracy.    Conspiracy fills  a  small and  important gap                 
  particularly in drug crimes.                                                 
                                                                               
                                                                               
                               12                                              
                                                                               
                                                                               
  Representative Brown asked  if a  person has a  conversation                 
  with  someone  else regarding a  crime to be committed,  but                 
  does not commit the  crime, could they be charged  with that                 
  crime.   Representative Porter  replied, they  could, if  an                 
  overt act  was the result of the conspiracy.  Representative                 
  Brown  asked the  involvement  of a  person  unaware of  the                 
  criminal nature of the crime.   Representative Porter stated                 
  that  a  crime of  conspiracy  does  not occur  with  just a                 
  conversation,  there must be  at least one  overt act before                 
  the offense occurs.  Discussion  followed regarding at which                 
  point a person would become guilty of an "overt" act.                        
                                                                               
  BRANT MCGHEE,  DIRECTOR, OFFICE  OF  PUBLIC ADVOCACY  (OPA),                 
  ANCHORAGE,  ALASKA,   testified  via  teleconference.     He                 
  clarified  that  the  Office  of  Public Advocacy  does  not                 
  believe that the passage of the laws which recriminalize the                 
  use  and possession of marijuana would  lead to an onslaught                 
  of criminal cases.  He pointed out that the fiscal note does                 
  not reflect an increase in case levels.                                      
                                                                               
  The reasons  for  increased costs  to the  Office of  Public                 
  Advocacy are three fold:                                                     
                                                                               
       *    These are serious  felony cases.  Many  hours will                 
            be involved in preparation for trial.                              
                                                                               
       *    There  will  be multiple  co-defendants.   OPA  is                 
            responsible for representing people  with whom the                 
            public defender agency has a conflict of interest.                 
                                                                               
                                                                               
       *    Joint  trials   accrue  greater  trial   costs  by                 
            prosecuting people peripherally  involved.   Joint                 
            trials are required and these trials are lengthy.                  
                                                                               
  Mr. McGhee pointed out that there are federal conspiracy and                 
  federal drug laws  in existence, both  of which are used  in                 
  Alaska.   He  questioned why  the State  is volunteering  to                 
  undertake the responsibility of these costs.                                 
                                                                               
  Representative Grussendorf interjected that he did not think                 
  the zero fiscal notes submitted by the Department of Law and                 
  the Department of Public Safety were reasonable.                             
                                                                               
  Co-Chair MacLean  asked the difference between  a conspiracy                 
  and being an accomplice.                                                     
                                                                               
  DEAN J. GUANELI, CHIEF, ASSISTANT ATTORNEY GENERAL, CRIMINAL                 
  DIVISION, DEPARTMENT OF LAW, explained the different ways to                 
  commit offenses  under criminal  law.   The conspiracy  bill                 
  addresses conduct which  does not  go as far  as aiding  and                 
  assisting crime.   The bill addresses the  agreement between                 
                                                                               
                               13                                              
                                                                               
                                                                               
  two people to commit a crime.  Current Alaska law does cover                 
  some of  these events, although,  he pointed out  that there                 
  are situations which  can not be addressed  without proposed                 
  legislation.                                                                 
                                                                               
  Mr. Guaneli defined an  "overt" act as something to  be done                 
  in furtherance of a  conspiracy.  He pointed out  that there                 
  is a definition included in the  Senate version of the bill:                 
  "'Overt act' furthers  conspiracy, an act of  such character                 
  that it manifests  the purpose on the part of the actor that                 
  the object of the conspiracy be completed."                                  
                                                                               
  (Tape Change, HFC 93-37, Side 2).                                            
                                                                               
  Representative Grussendorf  reiterated his concern  with the                 
  zero fiscal note  provided by  the Department of  Law.   Mr.                 
  Guaneli stated it would be possible to tie some of the cases                 
  together so that one  conspiracy case can go to  joint trial                 
  under the rules  of evidence.   He added that  this type  of                 
  legislation allows the  jury to consider more  evidence from                 
  the background of  the criminal  organization which  becomes                 
  directly relevant to the conspiracy charge.  This allows the                 
  prosecution to put together a stronger case against criminal                 
  organizations.                                                               
                                                                               
  HB  43  was  placed in  a  subcommittee  with Representative                 
  Hanley as Chair and with  members Representative Hoffman and                 
  Representative Parnell.   The bill was HELD in Committee for                 
  further discussion.                                                          
                                                                               
  HOUSE BILL 69                                                                
                                                                               
       "An  Act relating  to registration  of and  information                 
       about  sex  offenders  and  amending  Alaska  Rules  of                 
       Criminal Procedure 11(c) and 32(b)."                                    
                                                                               
  DOUG  WOOLIVER,  ATTORNEY,  AIDE  TO  REPRESENTATIVE  RAMONA                 
  BARNES,  testified  in  support  of HB  69.    The  proposed                 
  legislation would  require all  persons who  are present  in                 
  Alaska and have  been convicted of  sex crimes in Alaska  or                 
  any other  state to register with the Alaska State Troopers.                 
  For a period of  years, they must provide the  Troopers with                 
  updated information  including their places of residence and                 
  employment.                                                                  
                                                                               
  He  added  that  by  improving  the  access  to  information                 
  regarding sex  offenders that reside  in Alaska, HB  69 will                 
  better enable  employers, volunteer coordinators  and others                 
  to effectively screen those who may work around children  or                 
  in any other position where people  may be vulnerable.  This                 
  is important because not only do  sex offenders tend to have                 
  multiple  victims, but  they  also  frequently repeat  their                 
                                                                               
                               14                                              
                                                                               
                                                                               
  crimes even after serving time in prison.  By being required                 
  to register, sex  offenders may not  only be less likely  to                 
  commit  such crimes again,  but if they  do, law enforcement                 
  personnel will  have a better chance of  identifying them as                 
  well as a better idea of where to find them.                                 
                                                                               
  Representative  Martin  questioned the  amount spent  by the                 
  State to  rehabilitation sex offenders.   He  felt that  the                 
  proposed legislation would  be discriminatory to individuals                 
  once convicted of a sex offense.  Mr. Wooliver noted that it                 
  is questionable if rehabilitation can  be effective for this                 
  type  of  crime.   Representative  Parnell  pointed  out the                 
  registration period would  last between ten  and twenty-five                 
  years.                                                                       
                                                                               
  C. E. SWACKHAMMER, DEPUTY COMMISSIONER, DEPARTMENT OF PUBLIC                 
  SAFETY (DPS), explained  that the  fiscal note submitted  by                 
  DPS was based upon the need  of  one person assimilating the                 
  data information required  and making computer entries.   It                 
  also includes advertising costs.                                             
                                                                               
  Representative Brown questioned the DNA type blood analysis.                 
  Mr. Swackhammer  stated that  DNA testing  is comparable  to                 
  finger   printing.      The   cost   and   technology   make                 
  implementation of this program  prohibitive.  Representative                 
  Brown pointed out her concerns with the DNA analysis and the                 
  confidentiality of  that information.   She  asked that  any                 
  redrafting  of  the  legislation  include  scrutiny  of  DNA                 
  analysis  and   confidentiality  of  records.     Discussion                 
  followed    regarding     insurance    complications     and                 
  discrimination.    Representative Brown  concluded  with two                 
  concerns:                                                                    
                                                                               
       *    It is unreasonable to assume  that DPS could code,                 
            test,  document   and  do  applications   for  the                 
            requested fiscal note of $4 thousand dollars;                      
                                                                               
       *    Fiscal note did  not include persons in  the rural                 
            areas.  She felt that this was unequal application                 
            of the law.                                                        
                                                                               
  Mr. Swackhammer reminded  Committee members that twenty-five                 
  percent of  the Alaska  jail population  are sex  offenders.                 
  This  is one  of  the  highest rates  in  the  nation.   One                 
  offender  can affect as  many as twenty-five  or more lives.                 
  He  added that the public  deserves the right to protection.                 
  He emphasized that reasonable efforts must be made to try to                 
  provide that protection.                                                     
                                                                               
  Co-Chair  Larson  placed  HB  69   in  a  subcommittee  with                 
  Representative   Therriault  as   Chair  and   with  members                 
  Representative Brown and  Representative Martin.  HB  69 was                 
                                                                               
                               15                                              
                                                                               
                                                                               
  HELD in Committee for further discussion.                                    
                                                                               
  ADJOURNMENT                                                                  
                                                                               
  The meeting adjourned at 3:35 P.M.                                           
                                                                               
                                                                               
                               16                                              

Document Name Date/Time Subjects