Legislature(1999 - 2000)

04/20/2000 09:10 AM FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
HOUSE CS FOR CS FOR SENATE BILL NO. 4(JUD)                                                                                      
An Act relating to victims' rights; relating to                                                                                 
establishing an office of victims' rights; relating to                                                                          
compensation of victims of violent crimes; relating to                                                                          
eligibility for a permanent fund dividend for persons                                                                           
convicted of and incarcerated for certain offenses;                                                                             
relating to notice of appropriations concerning                                                                                 
victims' rights; amending Rule 16, Alaska Rules of                                                                              
Criminal Procedure, Rule 9, Alaska Delinquency Rules,                                                                           
and Rule 501, Alaska Rules of Evidence; and providing                                                                           
for an effective date.                                                                                                          
DONALD STOLTZE, STAFF, SENATOR RICK HALFORD, explained the                                                                      
changes done on the proposed legislation since the last                                                                         
Representative Phillips asked to change language in                                                                             
Amendment #1, Page 1, Line 22, deleting the "Department of                                                                      
Public Safety" and inserting the "Office of the Governor".                                                                      
She advised that this change would need to be made                                                                              
throughout the entire bill. [Copy on File].                                                                                     
Representative Phillips MOVED to ADOPT Amendment #1, 1-                                                                         
LS0029\M.2, Luckhaupt, 4/19/00.  There being NO OBJECTION,                                                                      
the amendment was adopted.                                                                                                      
Representative Phillips MOVED to ADOPT Amendment #2 which                                                                       
would place a 4-year sunset clause on the legislation.  That                                                                    
would result in a new section, number #13.  The sunset date                                                                     
would be June 30, 2004.  There being NO OBJECTION, it was                                                                       
MIKE TIBBLES, STAFF, REPRESENTATIVE GENE THERRIAULT, was                                                                        
requested to join the Committee to explain previous action                                                                      
taken in the committee substitute on the conforming                                                                             
amendment.  Mr. Tibbles noted that the work draft that was                                                                      
adopted included a provision that required that victims                                                                         
"shall", to the maximum extend practicable, conduct duties                                                                      
contractually.  The intent was to direct them to contract                                                                       
out their services with non-profit organizations.  He noted                                                                     
that Amendment #1 did not include that language.                                                                                
Mr. Tibbles pointed out that references in the original work                                                                    
draft had been made to the offices rather than the                                                                              
individual.  Co-Chair Therriault proposed an amendment which                                                                    
would include that into the proposed bill.  The change would                                                                    
be to Page 5, Amendment #1.  Mr. Tibbles recommended that                                                                       
language be included under Article 2A, duties of the office.                                                                    
He noted that it would be a new subsection and that it could                                                                    
be added into Subsection (a) or be a new Subsection (f).                                                                        
Co-Chair Therriault MOVED conceptual Amendment #3, which                                                                        
would utilize the concept in the "N" version and would add a                                                                    
new section calling for the contracting out provision.                                                                          
There being NO OBJECTION, it was adopted.                                                                                       
Representative J. Davies MOVED to AMEND the proposed                                                                            
legislation, replacing references to the Governor's Office                                                                      
with the Ombudsmen's Office.  Representative Phillips                                                                           
OBJECTED.  She advised that had been considered but noted                                                                       
that the State's Ombudsmen's Office can not serve as an                                                                         
advocacy office.  Representative Phillips pointed out that                                                                      
the proposed function is one of advocacy.  She reiterated                                                                       
that consideration had already been made.                                                                                       
Representative J. Davies pointed out that Office does                                                                           
operate as an advocate of that function and that they should                                                                    
be able to make the determination.  He believed that the                                                                        
role of the two agencies was "thin".  Representative                                                                            
Phillips reiterated that those issues had been examined.  An                                                                    
advocacy organization does not have the authority to use the                                                                    
services of the Ombudsmen's Office.  Representative J.                                                                          
Davies WITHDREW the MOTION to amend.                                                                                            
Representative G. Davis recommended shortening the sunset by                                                                    
two years.  He MOVED to ADOPT Amendment #4, which would                                                                         
sunset the legislation in 2002.  Mr. Stoltze interjected                                                                        
that the funding mechanism does not begin until that year.                                                                      
He believed such a sunset would be premature.                                                                                   
Representative G. Davis WITHDREW his MOTION to amend.                                                                           
Mr. Tibbles spoke to the new fiscal notes contained in                                                                          
member's packets submitted by the Department of Corrections,                                                                    
Department of Law, and zero notes by Department of                                                                              
Administration, Department of Public Safety and Legislative                                                                     
Affairs Agency.  Representative J. Davies asked if anyone                                                                       
had spoken to the Governor's Office regarding the fiscal                                                                        
impact to that Office.  Representative Phillips indicated                                                                       
that she had not.  Representative J. Davies voiced concern                                                                      
that there had not been a fiscal note submitted by the                                                                          
Governor.  Co-Chair Therriault advised that the costs                                                                           
provided by Legislative Council would be moved to the Office                                                                    
of the Governor.                                                                                                                
Representative Foster MOVED to report HCS CS SB 4 (FIN) out                                                                     
of Committee with individual recommendations and with the                                                                       
accompanying fiscal notes.  Vice Chair Bunde OBJECTED for                                                                       
comment on the fiscal notes.  He noted the fiscal size of                                                                       
the notes and questioned if that money was best-spent on                                                                        
victims or better spent somewhere else.  Vice Chair Bunde                                                                       
WITHDREW his OBJECTION.  There being NO further OBJECTION,                                                                      
it was so ordered.                                                                                                              
HCS CS SB 4 (FIN) was reported out of Committee with a "no                                                                      
recommendation" and with new fiscal notes by the Department                                                                     
of Corrections, Department of Law and the Office of the                                                                         
Governor and zero notes by the Department of Administration,                                                                    
Department of Public Safety and Legislative Affairs Agency.                                                                     

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