Legislature(2005 - 2006)HOUSE FINANCE 519

04/04/2006 09:00 AM FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 384 FINES AND OFFENSES TELECONFERENCED
Moved CSHB 384(JUD) Out of Committee
+ HB 403 NEIGHBORHOOD ELECTRIC VEHICLES TELECONFERENCED
Heard & Held
+ HB 419 REPEAL UNDERGROUND STORAGE TANK LAWS TELECONFERENCED
Moved Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 218 CRIMINAL SENTENCING AND POLYGRAPHS TELECONFERENCED
Moved HCS CSSB 218(FIN) Out of Committee
CS FOR SENATE BILL NO. 218(FIN)                                                                                               
                                                                                                                                
     "An Act relating to sex offenders  and child kidnappers;                                                                   
     relating  to  reporting   of  sex  offenders  and  child                                                                   
     kidnappers; relating to periodic  polygraph examinations                                                                   
     for  sex  offenders  released on  probation  or  parole;                                                                   
     relating  to sexual abuse  of a  minor; relating  to the                                                                   
     definitions  of  'aggravated  sex  offense'  and  'child                                                                   
     kidnapping';  relating  to   penalties  for  failure  to                                                                   
     report child abuse or neglect; relating to sentencing                                                                      
     for sex offenders and habitual criminals; and providing                                                                    
     for an effective date."                                                                                                    
                                                                                                                                
SENATOR CON  BUNDE, related  that the  only change  since the                                                                   
last hearing  of the  bill is  that two  more offenders  have                                                                   
moved to  Alaska, one from Canada,  and another came  to join                                                                   
the state  troopers.   He stressed  that it  is time  to stop                                                                   
Alaska from being the sexual predator magnet of America.                                                                        
                                                                                                                                
REPRESENTATIVE MARK NEUMAN, pointed  out the costs to society                                                                   
by  these  offenders,   and  the  costs  to   the  state  for                                                                   
rehabilitation  programs for the  victims equaling  about $45                                                                   
million.  He spoke about the idea  that these offenders often                                                                   
commit  other  crimes.   Putting  sex  offenders away  for  a                                                                   
longer  period  of  time,  means  taking  criminals  off  the                                                                   
streets.                                                                                                                        
                                                                                                                                
Representative  Hawker  MOVED to  ADOPT  Amendment 11,  which                                                                   
reads as follows:                                                                                                               
                                                                                                                                
     Page 1, lines 1 - 2:                                                                                                       
     Delete "relating to reporting of sex offenders and                                                                         
     child kidnappers;"                                                                                                         
                                                                                                                                
     Page 3, lines 10 -23                                                                                                       
     Delete all material.                                                                                                       
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 10, line 28:                                                                                                          
     Delete "Sections 1 - 3, 5 - 8, and 12"                                                                                     
     Insert "Sections 1 - 2, 4 - 7, and 11"                                                                                     
                                                                                                                                
     Page 10, line 30                                                                                                           
     Delete "secs. 5 and 7"                                                                                                     
     Insert "secs. 4 and 6"                                                                                                     
                                                                                                                                
     Page 10, line 31:                                                                                                          
     Delete "Sections 4 and 11"                                                                                                 
     Insert "Sections 3 and 10"                                                                                                 
                                                                                                                                
     Page 11, line 2:                                                                                                           
     Delete "Sections 4 and 11"                                                                                                 
     Insert "Sections 3 and 10"                                                                                                 
                                                                                                                                
     Page 11, line 3:                                                                                                           
     Delete "sec. 15"                                                                                                           
     Insert "sec. 14"                                                                                                           
                                                                                                                                
  Co-Chair Meyer OBJECTED for discussion purposes.                                                                              
                                                                                                                                
9:15:24 AM                                                                                                                    
                                                                                                                                
Representative  Hawker  explained  that the  amendment  would                                                                   
allow  for prosecution  for  those who  would  shelter a  sex                                                                   
offender.  It is an important  issue and is not a part of the                                                                   
original bill.  It would delete  Section 3 of the bill, which                                                                   
is  not clearly  written.   That section  could be  addressed                                                                   
later as separate legislation.                                                                                                  
                                                                                                                                
Representative  Kerttula agreed  with Representative  Hawker.                                                                   
She  noted that  the  intent of  the bill  is  for people  to                                                                   
report where sex offenders are,  but the bill is not clear on                                                                   
this area, nor is it integral to the bill.                                                                                      
                                                                                                                                
SENATOR  GRETCHEN GUESS  stated no  objection to  withdrawing                                                                   
Section 3 from the bill.                                                                                                        
                                                                                                                                
Co-Chair  Meyer  WITHDREW  his  objection.   There  being  NO                                                                   
further OBJECTION, Amendment 11 was adopted.                                                                                    
                                                                                                                                
Representative Hawker WITHDREW Amendments 12 and 13.                                                                            
                                                                                                                                
9:19:34 AM                                                                                                                    
                                                                                                                                
Co-Chair  Meyer  listed  the fiscal  notes  accompanying  the                                                                   
bill:   new fiscal note by  the Department of  Corrections, a                                                                   
new zero note  by the Department of Public  Safety, zero note                                                                   
#1 by the Department of Public  Safety, indeterminate note #4                                                                   
by the Department of Law, indeterminate  note #5 by the Court                                                                   
System,   indeterminate  note   #6  by   the  Department   of                                                                   
Administration,  indeterminate note #7  by the Department  of                                                                   
Corrections,  and  fiscal  note   #8  by  the  Department  of                                                                   
Corrections.                                                                                                                    
                                                                                                                                
Co-Chair  Chenault commented  that  even  though the  program                                                                   
would  cost money,  it would  be  wrong not  to approve  this                                                                   
bill.   He emphasized  that these  offenders  need to be  put                                                                   
away.   He stated  that he  was going  to offer an  amendment                                                                   
adding the death  penalty to the bill.  He  shared a personal                                                                   
experience involving  a child who  was kidnapped.   He stated                                                                   
strong support for the bill.                                                                                                    
                                                                                                                                
9:23:37 AM                                                                                                                    
                                                                                                                                
Representative Kelly related that  the bill attempts to place                                                                   
Alaska  on a "do  not go  there" list  and will  result  in a                                                                   
reduction of  costs in the end.   It raises the bar  and says                                                                   
Alaska  means business.   He  stated strong  support for  the                                                                   
bill.                                                                                                                           
                                                                                                                                
9:25:16 AM                                                                                                                    
                                                                                                                                
Representative  Hawker noted a  concern when operation  costs                                                                   
for the  state are  increased.   He spoke  in support  of the                                                                   
intent of the bill and of the  investment in the court system                                                                   
to support it.  He agreed with  Representative Kelly that the                                                                   
bill  would create  a deterrent.   He  stated that  it is  an                                                                   
investment he is willing to make.                                                                                               
                                                                                                                                
Representative Holm voiced concern  about fiscal note #8.  He                                                                   
opined  that rehabilitation  is rare and  incarceration  is a                                                                   
better solution.   He suggested  that less money be  spent on                                                                   
counseling programs.                                                                                                            
                                                                                                                                
9:29:10 AM                                                                                                                    
                                                                                                                                
Senator  Guess  shared  that   this  is  a  "best  practices"                                                                   
situation.   Polygraphs  are used  to try  to stop  offenders                                                                   
before  they  offend.   The  probation  section of  the  bill                                                                   
allows for the  correction system to rein in  those who break                                                                   
conditions of  probation.  Second  and third degree  assaults                                                                   
have stronger sentences.   She agreed that it is  not a cure-                                                                   
all, but right now it is best practices.                                                                                        
                                                                                                                                
Senator Bunde  described a typical  offender and  stated that                                                                   
the polygraph is a good tool to  have.  He gave an example of                                                                   
an offender who was exposed by a polygraph.                                                                                     
                                                                                                                                
Representative Hawker  asked if it  was an Alaskan.   Senator                                                                   
Bunde replied that it was.                                                                                                      
                                                                                                                                
9:32:43 AM                                                                                                                    
                                                                                                                                
Representative  Foster   MOVED  to  REPORT  SB   218  out  of                                                                   
Committee with  an accompanying  title change resolution  and                                                                   
with individual  recommendations and the  accompanying fiscal                                                                   
notes.  There being NO OBJECTION, it was so ordered.                                                                            
                                                                                                                                
HCS CSSB 218 (FIN)  was REPORTED out of Committee  with a "do                                                                   
pass"  recommendation  and with  a  new  fiscal note  by  the                                                                   
Department of Corrections, a new  zero note by the Department                                                                   
of Public  Safety, zero note #1  by the Department  of Public                                                                   
Safety,  indeterminate  note #4  by  the Department  of  Law,                                                                   
indeterminate  note #5  by  the Court  System,  indeterminate                                                                   
note #6  by the Department  of Administration,  indeterminate                                                                   
note #7 by the Department of Corrections,  and fiscal note #8                                                                   
by the Department of Corrections.                                                                                               
                                                                                                                                
9:35:10 AM                                                                                                                    
                                                                                                                                

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