Legislature(1993 - 1994)

02/03/1994 01:34 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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                     HOUSE FINANCE COMMITTEE                                   
                        February 3, 1994                                       
                            1:34 p.m.                                          
                                                                               
  TAPE HFC 94-23, Side 2, #000 - end.                                          
  TAPE HFC 94-24, Side 1, #000 - end.                                          
                                                                               
  CALL TO ORDER                                                                
                                                                               
  Co-Chair Larson called the House  Finance Committee to order                 
  at 1:34 p.m.                                                                 
                                                                               
  PRESENT                                                                      
                                                                               
  Co-Chair Larson             Representative Hoffman                           
  Co-Chair MacLean            Representative Martin                            
  Vice-Chair Hanley           Representative Navarre                           
  Representative Brown        Representative Parnell                           
  Representative Foster       Representative Therriault                        
  Representative Grussendorf                                                   
                                                                               
  ALSO PRESENT                                                                 
                                                                               
  Frank  Homan,  Commissioner,   Commercial  Fisheries   Entry                 
  Commission;  Jerry  Luckhaupt,  Legislative  Legal  Counsel,                 
  Legislative Affairs  Agency; Caren Robinson,  Alaska Network                 
  on  Domestic  Violence  and  Sexual  Assault;  Cindy  Smith,                 
  Director,  Alaska  Network on  Domestic Violence  and Sexual                 
  Assault;  Jayne  Andrew,  Council on  Domestic  Violence and                 
  Sexual   Assault;   Jerry    McCune,   United    Fishermen's                 
  Association; George Dozier, Staff, Representative Pete Kott;                 
  Margot  Knuth, Criminal  Division,  Department of  Law; John                 
  Bitney, Staff, Representative Larson.                                        
                                                                               
  SUMMARY INFORMATION                                                          
                                                                               
  HB 230    "An  Act relating to  fees for  commercial fishing                 
            licenses and permits."                                             
                                                                               
            CSHB 230 (FIN) was reported  out of Committee with                 
            a "do  pass"  recommendation  and  with  a  fiscal                 
            impact note by the Department of Fish and Game.                    
                                                                               
  HB 231    "An  Act relating  to  aggravating and  mitigating                 
            factors at sentencing."                                            
                                                                               
            CSHB 231 (JUD)  was HELD in Committee  for further                 
            discussion.                                                        
                                                                               
  Co-Chair Larson provided members with work draft 8-LS1628\A,                 
  dated 1/29/94:  "An Act  reducing certain appropriations for                 
  fiscal year 1994; and providing for an effective date" (copy                 
                                                                               
                                1                                              
                                                                               
                                                                               
  on  file).   He  declared  his intentions  to  introduce the                 
  legislation on behalf of the House Finance Committee.  There                 
  were  no  objections  from  members  of  the  House  Finance                 
  Committee.    He further  explained  that the  proposed bill                 
  would allow the Committee  to consider reductions in the  FY                 
  94 budget.   The legislation includes a  1 percent reduction                 
  for  the  last four  months of  Department's FY  94 budgets.                 
  Some formula  programs and  programs with statutory  funding                 
  levels would be held harmless.                                               
                                                                               
  In  response   to  a  question   by  Representative   Brown,                 
  Representative  Larson  noted   that  general  fund  program                 
  receipts would be included.                                                  
                                                                               
  Representative Brown  expressed support for  the legislation                 
  but noted that some programs are  already under-funded.  She                 
  pointed out  that the Office  of Public Advocacy  and Public                 
  Defender Agency will  need FY 94 supplemental funding.   She                 
  questioned  the exemption  of  the  Alaska Energy  Authority                 
  (AEA).                                                                       
  HOUSE BILL NO. 230                                                           
                                                                               
       "An  Act  relating  to   fees  for  commercial  fishing                 
       licenses and permits."                                                  
                                                                               
  REPRESENTATIVE  CARL  MOSES explained  that  CSHB 230  (RES)                 
  would provide a  more equitable  distribution of  commercial                 
  fishing vessel  licensing fees.   He  emphasized that  under                 
  current  law a 14  foot skiff is  charged the same  as a 250                 
  foot  vessel.   He  observed  that the  United  Fishermen of                 
  Alaska support  CSHB 230  (RES).   He pointed  out that  the                 
  effective date needs to be changed from 1994 to 1995.                        
                                                                               
  Representative  Hanley  noted  that  language  regarding   a                 
  reduction in fee costs  for a two year licence  purchase was                 
  deleted.                                                                     
                                                                               
  In  response  to  a  question  by  Representative   Parnell,                 
  Representative Moses noted that vessel license fees would be                 
  at the following schedule:                                                   
                                                                               
       *    0-25 feet ....................$20                                  
       *    25-50 feet....................$50                                  
       *    50-75 feet....................$100                                 
       *    75-150 feet...................$250                                 
       *    150-250 feet..................$500                                 
       *    over 251 feet.................$750.                                
                                                                               
  JERRY MCCUNE, PRESIDENT, UNITED FISHERMEN OF ALASKA spoke in                 
  support of CSHB  230 (RES).   He asserted  that the  fishing                 
  industry is paying  its way.   He observed that the  current                 
                                                                               
                                2                                              
                                                                               
                                                                               
  vessel fees have not been changed since 1978.                                
                                                                               
  Co-Chair  Larson  noted that  according  to research  by the                 
  House  Research   Agency,  the  State   of  Alaska  receives                 
  approximately a 75 percent return  of its fisheries resource                 
  investments.                                                                 
                                                                               
  Representative Navarre noted that if the shared fish tax was                 
  included  in  the  calculation, the  return  on  the State's                 
  investment would be closer to 132 percent.                                   
                                                                               
  FRANK  HOMAN,  COMMISSIONER,   COMMERCIAL  FISHERIES   ENTRY                 
  COMMISSION explained that vessels could  be licensed for two                 
  years at twice the yearly cost.                                              
                                                                               
  Representative Therriault MOVED to ADOPT the  language "one-                 
  year or two-year" on page 1, line 8, after "a".                              
                                                                               
  Representative Parnell  asked if  regulations could  address                 
  the issue of one or two year fees.                                           
                                                                               
  Representative Navarre MOVED to AMEND  Amendment 1 to delete                 
  "year" after "one".   The amendment  would read "one or  two                 
  year".  There being NO OBJECTION, it was so ordered.                         
                                                                               
  Co-Chair Larson MOVED to delete "1994" and insert  "1995" on                 
  page  2,  line 13.   There  being  NO OBJECTION,  it  was so                 
  ordered.                                                                     
                                                                               
  Representative  Martin  noted  that there  would  not  be an                 
  incentive to  license vessels for two years  if the previous                 
  discount is not offered.                                                     
                                                                               
  Mr.  Homan  observed that  few  licenses had  been purchased                 
  under the two year  discount.  He noted that  the Commission                 
  did not anticipate that many vessels would be licensed under                 
  the two year option in the future.                                           
                                                                               
  Representative Navarre MOVED to report CSHB 230 (FIN) out of                 
  Committee  with  individual  recommendations  and  with  the                 
  accompanying fiscal notes.  There being NO OBJECTION, it was                 
  so ordered.                                                                  
                                                                               
  CSHB 230  (FIN) was  reported out  of Committee  with a  "do                 
  pass"  recommendation and with  a fiscal impact  note by the                 
  Department of Fish and Game.                                                 
  HOUSE BILL NO. 231                                                           
                                                                               
       "An Act  relating to aggravating and mitigating factors                 
       at sentencing."                                                         
                                                                               
                                                                               
                                3                                              
                                                                               
                                                                               
  GEORGE  DOZIER,  STAFF, REPRESENTATIVE  PETE  KOTT explained                 
  that  CSHB  231  (JUD) modifies  an  aggravating  factor and                 
  establishes a mitigating factor  for purposes of presumptive                 
  sentencing.  He  noted that current  law provides that if  a                 
  defendant is convicted  of a sex  crime against a minor  and                 
  has  engaged  in the  same or  similar  conduct there  is an                 
  aggravating factor.  There is also  an aggravating factor if                 
  the defendant is convicted of  sexual assault and previously                 
  engaged in a  sexual assault.   There is not an  aggravating                 
  factor pertaining to  a defendant that has  committed sexual                 
  abuse of  a minor  and previously  committed sexual  assault                 
  against an adult.  Section 1 would add an aggravating factor                 
  if a defendant  is subject  to sentencing for  a felony  sex                 
  crime and has violated any other sexual crime statute.                       
                                                                               
  Mr. Dozier explained that a mitigating factor would be added                 
  when a defendant is being sentenced for a felony and a prior                 
  felony offense  has triggered a  presumptive sentence,  when                 
  the prior felony offense is of a less serious nature.                        
                                                                               
  Mr. Dozier  noted  that section  three which  referred to  a                 
  three  judge  panel  was  deleted  by  the  House  Judiciary                 
  Committee.                                                                   
                                                                               
  JAYNE ANDREN,  COUNCIL DOMESTIC VIOLENCE  AND SEXUAL ASSAULT                 
  spoke  in  support of  section 1  of  the legislation.   She                 
  suggested  that language be  added to section  2 to prohibit                 
  the mitigator in cases where the prior or current conviction                 
  concerns an offense covered by Alaska Statutes 11.41, Crimes                 
  Against Persons.                                                             
                                                                               
  CAREN  ROBINSON, ALASKA  NETWORK  ON DOMESTIC  VIOLENCE  AND                 
  SEXUAL ASSAULT  spoke in  support of  section 1.   She  also                 
  recommended that language be added to  section 2 to prohibit                 
  the mitigator in cases where the prior or current conviction                 
  concerns an offense  covered by Alaska Statutes 11.41.   She                 
  noted  that  AS 11.41  are  crimes of  murder, manslaughter,                 
  assault,   sexual  assault,   sexual  abuse   of  a   minor,                 
  kidnapping, and  other serious  crimes.   She observed  that                 
  charges may be pleaded down.                                                 
                                                                               
  Representative Brown referred to a  letter to Representative                 
  Kott from  the Alaska  Sentencing Commission, dated  3/25/94                 
  (copy  on file).  She noted  that the Commission recommended                 
  that  the  "legislative  history reflect  that  this  factor                 
  should  not  be applied  if  it would  reward  an escalating                 
  pattern of behavior or criminal career."                                     
                                                                               
  MARGOT KNUTH, CRIMINAL DIVISION, DEPARTMENT OF LAW suggested                 
  that  a intent  section could  be added to  the legislation.                 
  She noted  that if  the mitigator  is not  adopted, a  judge                 
  would have to send a case that do not compel the presumptive                 
                                                                               
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  sentence  to  a three  judge  panel.   She  argued  that the                 
  mitigator  would  allow the  judge's  discretion.   She gave                 
  examples of  cases  which would  trigger the  mitigator.   A                 
  first offense robbery of under $500  and a second offense of                 
  sexual assault would trigger the mitigator.                                  
                                                                               
  In response to a question  by Representative Therriault, Ms.                 
  Knuth noted  that the judge  can not reduce  the presumptive                 
  sentence by more  than half without  going to a three  judge                 
  panel.                                                                       
                                                                               
  Representative Brown provided members with AMENDMENT 1 (copy                 
  on file).  Amendment 1 would insert  on page 2, line 6 after                 
  "offense",  "unless  the prior  conviction  and  the present                 
  offense are violations of AS 11.41."                                         
                                                                               
  Ms. Knuth  pointed out that  the amendment would  pertain to                 
  more cases if the "and" is changed to "or".                                  
                                                                               
  (Tape Change, HFC 94-24, Side 1)                                             
                                                                               
  Representative   Hanley   noted  that,   under   the  second                 
  presumptive sentence mitigator, a presumptive sentence could                 
  be  reduced  to less  than  the  penalty of  the  first time                 
  offense.                                                                     
                                                                               
  CINDY SMITH, DIRECTOR,  ALASKA NETWORK ON  DOMESTIC VIOLENCE                 
  AND  SEXUAL  ASSAULT stated  that  mitigators should  not be                 
  allowed  in  cases involving  crimes  against persons.   She                 
  suggested that "or" would allow more cases to be exempt from                 
  the mitigator.                                                               
                                                                               
  Representative Brown elected to changed "and" to "or" before                 
  offering her  amendment.    Representative  Brown  MOVED  to                 
  ADOPT,  Amendment  1:    Insert  on  page 2,  line  6  after                 
  "offense",  "unless the  prior  conviction  or  the  present                 
  offense  are  violations of  AS  11.41."    There  being  NO                 
  OBJECTION, it was so ordered.                                                
                                                                               
  JERRY LUCKHAUPT, LEGAL  COUNSEL, LEGISLATIVE AFFAIRS  AGENCY                 
  clarified that section  2 was  added at the  request of  the                 
  Alaska  Sentencing  Commission.    He  observed  that  under                 
  current law a  defendant convicted of  two class A  felonies                 
  would receive the same penalty as a defendant convicted of a                 
  class C first  offense and  a class  A second  offense.   He                 
  stressed that only class  A, B and C felonies  are included.                 
  Unclassified felonies are not included.                                      
                                                                               
  In response  to a  question by  Representative Navarre,  Mr.                 
  Luckhaupt  discussed  the burden  of  proof.   Mr. Luckhaupt                 
  questioned the rationale for a letter of intent.                             
                                                                               
                                                                               
                                5                                              
                                                                               
                                                                               
  Representative Brown suggested that the title should reflect                 
  the contents of the legislation.                                             
                                                                               
  Representative  Hanley  MOVED  to  delete  section  2.    He                 
  stressed that the option to receive less time than the first                 
  offense penalty should  not exist  under a mitigator  second                 
  felony offense.   Ms. Knuth  assured him  that a  reasonable                 
  judge would not  issue a  lesser penalty than  what a  first                 
  offense would require.  She added that additional mitigating                 
  factors  allow  judges  more flexibility.    She  noted that                 
  judges  can  send  cases to  a  three  judge  panel if  they                 
  question the presumptive sentence.                                           
                                                                               
  Co-Chair Larson OBJECTED to  the motion to delete section  2                 
  from CSHB  231 (JUD).   A roll  call vote  was taken  on the                 
  motion.                                                                      
                                                                               
  IN FAVOR: Brown,  Grussendorf,  Hoffman,   Navarre,  Foster,                 
                 Hanley, Martin, Therriault, MacLean                           
  OPPOSED:  Larson                                                             
                                                                               
  Representative Parnell was not present for the vote.                         
                                                                               
  The MOTION PASSED (9-1).                                                     
                                                                               
  Co-Chair Larson noted that  CSHB 231 (JUD) would be  HELD in                 
  Committee for  further discussion  in regards  to the  bills                 
  title.                                                                       
  ADJOURNMENT                                                                  
                                                                               
  The meeting adjourned at 2:41 p.m.                                           
                                                                               
                                                                               
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