05/01/2007 01:30 PM House JUDICIARY

HB 194 - FINES AND OFFENSES                                                                                                   
                                                                                                                                
1:44:41 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced that the  first order of business would be                                                               
HOUSE  BILL  NO.  194,"An  Act  relating  to  fines  for  certain                                                               
offenses involving aeronautics,  alcoholic beverages, boats, fish                                                               
and game, health  care records and public  health, medical review                                                               
organizations,  public  restroom   facilities,  smoking,  shelter                                                               
cabins, refrigerators  and similar equipment,  radiation sources,                                                               
high  voltage  lines,  child  labor,  employment  in  underground                                                               
mines, marriage  licenses, motor vehicles and  driver's licenses,                                                               
ignition  interlock devices,  pipelines, use  of the  state seal,                                                               
and  emissions   requirements;  relating  to  the   maximum  fine                                                               
provided for violations and infractions  and to the definition of                                                               
'minor   offenses';   redesignating   certain   fish   and   game                                                               
misdemeanor  offenses  as  class   A  misdemeanors;  relating  to                                                               
violations and offenses that are  committed on state land, water,                                                               
and land  and water or  that are  related to water  management or                                                               
dam  and reservoir  safety; amending  Rule 8(b),  Alaska District                                                               
Court  Rules   of  Criminal  Procedure;  and   providing  for  an                                                               
effective date."  [Before the committee was CSHB 194(RES).]                                                                     
                                                                                                                                
CHAIR RAMRAS gave  a synopsis of his understanding  of the status                                                               
of  HB 194.   He  recapped that  there was  not a  great deal  of                                                               
opposition to  increasing the fine  structure as a  deterrent for                                                               
people's behavior, but there had  been some concern regarding the                                                               
definition of  a peace officer  versus a police  officer, whether                                                               
untrained people were  being put in harm's way,  and if untrained                                                               
people held a different schedule of benefits.                                                                                   
                                                                                                                                
1:46:26 PM                                                                                                                    
                                                                                                                                
HEATH HILYARD,  Staff to Representative Carl  Gatto, Alaska State                                                               
Legislature, on  behalf of Representative Gatto,  co-chair of the                                                               
House Resources Standing Committee,  sponsor of HB 194, concurred                                                               
with Chair Ramras's recap of the issues remaining on HB 194.                                                                    
                                                                                                                                
1:47:44 PM                                                                                                                    
                                                                                                                                
DICK  MYLIUS,  Acting  Director,   Central  Office,  Division  of                                                               
Mining,  Land and  Water, Department  of Natural  Resources (DNR)                                                               
indicated the division is close  to working out an agreement with                                                               
the Department of Public Safety  (DPS) to address their concerns.                                                               
He noted  the division  would like  to see  portions of  the bill                                                               
revised.                                                                                                                        
                                                                                                                                
1:48:10 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS  proposed Conceptual Amendment 1,  to delete Section                                                               
37  and Section  43, and  any  other conforming  language in  the                                                               
bill, as  necessary.  These  sections refer to the  peace officer                                                               
and   enforcement  authority,   and  repeal   AS  41.23.210   and                                                               
AS 41.23.220.                                                                                                                   
                                                                                                                                
REPRESENTATIVE SAMUELS objected for the purposes of discussion.                                                                 
                                                                                                                                
1:50:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CARL GATTO, Alaska  State Legislature, speaking as                                                               
co-chair of  the House Resources  Standing Committee,  sponsor of                                                               
HB 194,  in response to a  question by Chair Ramras,  agreed that                                                               
Conceptual Amendment 1 was acceptable.                                                                                          
                                                                                                                                
REPRESENTATIVE  SAMUELS  removed   his  objection  to  Conceptual                                                               
Amendment  1.    There  being no  further  objection,  Conceptual                                                               
Amendment 1 was adopted.                                                                                                        
                                                                                                                                
1:50:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  COGHILL   moved  to  report  CSHB   194(RES),  as                                                               
amended,  out of  committee with  individual recommendations  and                                                               
the  accompanying  fiscal  notes.    There  being  no  objection,                                                               
CSHB 194(JUD)  was reported  from  the  House Judiciary  Standing                                                               
Committee.