Legislature(1999 - 2000)
04/22/1999 06:05 PM Senate FIN
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE BILL NO. 4
"An Act 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; and amending Rule 16, Alaska Rules of
Criminal Procedure, Rule 9, Alaska Delinquency Rules,
and Rule 501, Alaska Rules of Evidence."
CS FOR SENATE BILL NO. 4(JUD)
"An Act 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; and amending Rule 16, Alaska Rules of
Criminal Procedure, Rule 9, Alaska Delinquency Rules,
and Rule 501, Alaska Rules of Evidence."
Co-Chair Torgerson spoke to the Letter of Intent included in
the bill package. The intent of the letter would specify
the Legislature to fund the Office of Victim's Rights solely
from the additional revenue generated by the new provisions
established in the legislation. Additionally, that funding
would not result in a decrease of funding for crime victim's
compensation, Council on Domestic Violence and Sexual
Assault.
DARWIN PETERSON, Staff to Senator John Torgerson, explained
that the Senate Finance Committee at a previous meeting had
requested a new fiscal note from Legislative Affairs Agency.
In the FY00 column, it was requested that only the amount
needed to establish that office be entered. He referenced
information from Senator Torgerson's office, outlining how
the funding would work. The estimated amount of revenue
that would be generated and available by SB 4 from FY97 and
FY98 convictions, would be $391 thousand dollars. Mr.
Peterson addressed the fiscal notes included in member's
packets.
Senator Adams asked if the fiscal impact referenced by Mr.
Peterson would be the same amount as contained in the new
work draft. Mr. Peterson understood that the fiscal impact
would not change in the work draft. Co-Chair Torgerson
interjected that the effective date would need to be
changed. The key to making the legislation work would be
delaying when that office would open.
Senator Donley explained that the proposed committee
substitute would change the location of the Office of
Victims Rights from the Legislative Branch to the Department
of Public Safety. He pointed out that is where the other
grants for a victim's right pass through. The only change
would be the language on Page 10, Line 31.
Senator Donley MOVED to adopt committee substitute 1-
LS0029\H, Luckhaupt, 4/22/99, as the bill version before
Committee members. There being NO OBJECTION, it was
adopted.
(Tape Malfunction)
BRETT HUBER, Staff, Senator Rick Halford, pointed out that a
qualification difference was indicated in the bill. The
previous qualifications were more stringent that those
recommended in the proposed draft. Senator Donley noted
that the drafters had only four hours to work on the current
language.
Senator Donley MOVED to adopt Amendment #5 which would add
the Senate Judiciary version qualifications for the victims
advocate into the proposed committee substitute. There
being NO OBJECTION, it was adopted.
(Tape Resumed Functioning)
Senator Donley MOVED to adopt Amendment #6 which would
revise the name of the office to conform the committee
substitute as it appears in the Senate Judiciary version,
from the Office of Victim Advocacy to the Office of Victim's
Rights. There being NO OBJECTION, it was adopted.
Senator Donley reminded members that Amendment #2 was
pending and that the effective date would need to be
changed. Senator Green pointed out that the "appointment"
language was also different. Senator Donley advised that
placing the Office in the Department of Public Safety would
constitutionally change the appointment criteria removing
the Legislature from the "loop".
Senator Donley MOVED to adopt Amendment #2, a change to Page
1, Line 13, after "may" inserting "reasonably". There
being NO OBJECTION, it was adopted.
Senator Donley MOVED to adopt Amendment #4, 1-LS0029\D.2,
Luckhaupt, 4/19/99, which would provide for the delayed
effective date for hiring. Upon request of Co-Chair
Torgerson, Senator Donley WITHDREW consideration of
Amendment #4. There being NO OBJECTION, it was withdrawn.
Senator Donley MOVED a conceptual amendment to Amendment #4,
that the committee substitute include the same delayed
effective date as appears in the original #4. He requested
that it be brought back to the full Committee for review.
Co-Chair Torgerson noted that the delayed effective date
would be restricted to the Department of Public Safety.
There being NO OBJECTION, it was adopted.
Co-Chair Parnell MOVED to adopt the Letter of Intent. There
being NO OBJECTION, it was adopted.
ROBERT BUTTCANE, Juneau Probation Officer, Department of
Health and Social Services, stated that the Department is
committed to providing victims of juvenile crime a whole
array of services to restore them to wholeness. Victims are
an equal partner in the work of the Department. The bill is
of concern to the Department, as it establishes a separate
bureaucracy that polices the delinquency system. The
Department would prefer that the Legislature support the
juvenile system in its current efforts to provide services
to victims.
ANNE CARPENETI, Assistant Attorney General, Criminal
Division, Department of Law, testified that the Department
of Law was not in favor of the proposed legislation. The
Department does not support the public notice section or the
approach of the bill. She stated that moving that Office to
the Department of Public Safety was problematic. It would
make that Department responsible for investigating some of
their own staff people, placing them in an adversary
position with their own lawyers.
NANCI JONES, Director, Permanent Fund Dividend Division,
Department of Revenue, noted that she was present to answer
questions of the Committee.
Co-Chair Torgerson noted that SB 4 would be HELD in
Committee for further consideration.
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