Legislature(2005 - 2006)SENATE FINANCE 532
05/01/2005 01:00 PM Senate FINANCE
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
+ | SB 24 | TELECONFERENCED | |
+= | SB 156 | TELECONFERENCED | |
+= | HB 182 | TELECONFERENCED | |
+= | HB 91 | TELECONFERENCED | |
+= | HB 119 | TELECONFERENCED | |
+ | HB 136 | TELECONFERENCED | |
+ | SB 135 | TELECONFERENCED | |
+= | SB 108 | TELECONFERENCED | |
+ | SB 121 | TELECONFERENCED | |
+ | SB 122 | TELECONFERENCED | |
+ | HB 35 | TELECONFERENCED | |
+ | HB 75 | TELECONFERENCED | |
+ | HB 132 | TELECONFERENCED | |
+ | HB 156 | TELECONFERENCED | |
+ | HB 230 | TELECONFERENCED | |
+= | SB 46 | TELECONFERENCED | |
+ | TELECONFERENCED | ||
= | HB 19 | ||
= | HB 15 | ||
SENATE CS FOR CS FOR HOUSE BILL NO. 132(JUD) "An Act relating to certain crimes committed against the elderly; and providing for an effective date." This was the first hearing for this bill in the Senate Finance Committee. BEN MULLIGAN, Staff to Representative Bill Stoltze, noted that this bill would increase the penalty for crimes against the elderly for as the population of older citizens in the nation and in Alaska is increasing so are the crimes that target that demographic group. The purpose of the legislation would be to act as a deterrent against such crimes. Amendment #1: This amendment inserts a new subsection into Section 1 of the bill as follows. (c) In addition to any other penalty imposed by law, a person sentenced to an increased sentence under (a) of this section for a crime specified in (b)(9) of this section must immediately surrender any business license issued by the State of Alaska and may not obtain, possess, or hold a business license in the state for two years from the date of sentencing. Senator Dyson moved to adopt Amendment #1. He noted that this amendment is being sponsored on behalf of Senator Bunde who had introduced a companion bill to this legislation. He also noted that Representative Stoltze was agreeable to the amendment's language. Mr. Mulligan stated that this amendment would provide a tool through which a person, such as a handyman, who defrauds a senior citizen, would loose the right to hold a State issued business license. Currently no such tool exists. Co-Chair Green asked how the age of 65 was determined to be the appropriate age for the persons to whom such crimes might be committed. RANDY RUARO, Assistant Attorney General, Legislation & Regulations Sections, Department of Law, noted that a review of similar legislation in other states indicated that the age of 65 was the most commonly age specified. The age of 65 was an arbitrary decision. 3:44:51 PM Co-Chair Green viewed the age of 65 as being very "arbitrary", as people in their forties could be devastated by such an "attack". Mr. Ruaro stressed that as the number of seniors has increased, it has become apparent that they are being "specifically targeted by con artists". Mr. Mulligan noted that 65-years of age is the approximate age at which the majority of people retire and enter into a fixed income lifestyle. Crimes committed against people on fixed incomes could be "more significant" than a crime committed against someone in a different phase of life. In response to a question from Senator Olson, Co-Chair Green clarified that the discussion has morphed from an explanation of the amendment to the age specification. She emphasized her discomfort with age related legislation, as people the age of 65 should not be labeled as being more vulnerable. Senator Dyson opined that the age of 65 could be viewed as a point at which people "deserve much more respect"; this bill would just affirm that people that age should not be "messed" with. Senator Olson spoke to the amendment in that the immediate surrender of a business license would affect more than just the business owner, it would affect employees who depend on that business. Senator Dyson responded that it would be unfortunate to work for such "jerks". The intent of the amendment would be to remove the business license related to the crime. Mr. Mulligan affirmed that the intent would be the elimination of the business license used to defraud the person. Co-Chair Green asked for clarification as to whether this amendment could affect a business license that was totally unrelated to the crime. Mr. Ruaro suggested that the amendment language be revised to tie the business license removal to that associated with the crime. The language is "a bit broad". Co-Chair Green objected to the amendment. Senator Dyson moved to withdraw Amendment #1. Without objection, Amendment #1 was WITHDRAWN. 3:50:35 PM MARIE DARLIN, Representative, AARP, spoke in support of the bill. She noted that while violent crime receives the most media attention, fraud and identity theft crimes are increasingly targeting the elderly, particularly individuals 65 years of age or older. The loss of any amount of money could be more devastating to a retired victim living on a low or fixed income. AARP research has found that people over the age of 50 are increasingly staying home at night due to fear of becoming a crime victim. She noted that AARP would not object were the age specified in the bill changed. This bill would assist in deterring those who prey on the oldest victims, regardless of whether it was violent crime, property crime, fraud, or identity thief. Reducing crimes against older persons would assist in restoring their freedom and help prevent them from essentially becoming "prisoners" in their own home. Co-Chair Green asked whether Ms. Darlin would anticipate this legislation to be a deterrent to such crime. Ms. Darlin declared, "yes", the increased penalties would be a deterrent. AARP would be conducting seminars on identity theft and other scams. It could take years for a person to recover from identity thief. The seminars would be open to people of all ages. Co-Chair Green stated that the bill would be HELD in Committee to allow the amendment's language to be reworked.
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