Legislature(2003 - 2004)
02/21/2003 02:10 PM House JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 23 - RESTITUTION FOR CRIME VICTIMS Number 0036 CHAIR McGUIRE announced that the next order of business would be HOUSE BILL NO. 23, "An Act relating to court-ordered restitution and compensation following a criminal conviction." [Before the committee was the proposed committee substitute (CS) for HB 23, Version 23-LS0134\D, Ford, 1/29/03, which was adopted as a work draft on 2/14/03.] Number 0070 PAMELA LaBOLLE, President, Alaska State Chamber of Commerce (ASCC), testified in support of HB 23. She surmised that all chambers of commerce are nonprofit organizations, and that they have to rely on volunteers to help with all of their activities. She said that speaking from personal experience, the task of rebuilding a set of books in order to find evidence of embezzlement is very costly and time consuming. This task must be done, however, in order to even begin prosecuting an embezzlement case, because the amount of the loss must be determined first. She relayed that sometimes the cost of looking for evidence is more than the amount embezzled. She reiterated that the ASCC is in favor of HB 23. CHAIR McGUIRE closed the public hearing on HB 23. Number 0305 REPRESENTATIVE BRUCE WEYHRAUCH, Alaska State Legislature, sponsor, relayed that since the last hearing on HB 23, he has had a chance to work with committee members, members of the public, and representatives from the judicial branch and executive branch in creating some amendments. He noted that he has reviewed those amendments and has no objection to them. Number 0429 REPRESENTATIVE ANDERSON made a motion to adopt Amendment 1, which read [original punctuation provided but formatting changed]: Section 1. AS 12.55.045(a) Page 1, Line 10, after "of" insert identifiable and measurable Page 2, Line 11, after "of" insert identifiable and measurable REPRESENTATIVE WEYHRAUCH indicated that although he'd originally provided the committee with that amendment, he no longer wished to offer it. Number 0491 REPRESENTATIVE ANDERSON withdrew Amendment 1. Number 0581 REPRESENTATIVE GRUENBERG, after seeking and receiving verification that they were speaking to Version D of HB 23, made a motion to adopt a new Amendment 1, which read [original punctuation provided but formatting changed]: Section 1. AS 12.55.045(a) 1 Page 1, line 10, delete volunteer 2 Page 1, line 10, after "value of" insert voluntarily provided goods or CHAIR McGUIRE asked whether there were any objections to new Amendment 1. There being no objection, Amendment 1 was adopted. Number 0599 REPRESENTATIVE GRUENBERG made a motion to adopt Amendment 2, which read [original punctuation provided but formatting changed]: Section 1. AS 12.55.045(a) 1 Page 1, line 10, after "victim" insert if the victim is a nonprofit organization CHAIR McGUIRE asked whether there were any objections to Amendment 2. There being no objection, Amendment 2 was adopted. Number 0608 REPRESENTATIVE GRUENBERG made a motion to adopt Amendment 3, which read [original punctuation provided but formatting changed]: Section 1. AS 12.55.045(a) 1 Page 1, line 10, after "incurred" insert that was necessary 2 Page 2, line 11, after "incurred" insert that was necessary CHAIR McGUIRE asked whether there were any objections to Amendment 3. There being no objection, Amendment 3 was adopted. Number 0661 REPRESENTATIVE GARA made a motion to adopt Amendment 4, which would, on page 1, line 10, after "value of", insert the words "a victim's, or agent of a victim's" He opined that Amendment 4 would ensure, as the sponsor intends, that the value of an organization's volunteer labor is compensated. CHAIR McGUIRE asked whether there were any objections to Amendment 4. There being no objection, Amendment 4 was adopted. Number 0697 REPRESENTATIVE ANDERSON moved to report the proposed committee substitute (CS) for HB 23, Version 23-LS0134\D, Ford, 1/29/03, as amended, out of committee with individual recommendations and the accompanying fiscal note. There being no objection, CSHB 23(JUD) was reported from the House Judiciary Standing Committee.
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