Legislature(2003 - 2004)
04/13/2004 03:25 PM House FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE FINANCE COMMITTEE
April 13, 2004
3:25 P.M.
TAPE HFC 04 - 80, Side A
TAPE HFC 04 - 80, Side B
TAPE HFC 04 - 81, Side A
CALL TO ORDER
Co-Chair Williams called the House Finance Committee meeting
to order at 3:25 P.M.
MEMBERS PRESENT
Representative John Harris, Co-Chair
Representative Bill Williams, Co-Chair
Representative Kevin Meyer, Vice-Chair
Representative Mike Chenault
Representative Eric Croft
Representative Hugh Fate
Representative Richard Foster
Representative Mike Hawker
Representative Reggie Joule
Representative Bill Stoltze
MEMBERS ABSENT
Representative Carl Moses
ALSO PRESENT
Representative Norm Rokeberg; Janet Seitz, Staff,
Representative Norman Rokeberg; Pat Davidson, Legislative
Auditor, Legislative Audit Division; Pete Ecklund, Staff,
Representative Bill Williams; Jim Pound, Staff,
Representative Hugh Fate; Annette Kreitzer, Chief of Staff,
Office of the Lieutenant Governor; Scott Clark, Notary
Administrator, Office of the Lieutenant Governor; Portia
Parker, Deputy Commissioner, Department of Corrections; Cody
Rice, Staff, Representative Carl Gatto; Cindy Cashen,
Mother's Against Drunk Driving (MADD), Juneau; Denny Dewitt,
Special Assistant, Office of the Governor; Janet Burleson-
Baxter, Legislative Liaison, Office of the Commissioner,
Department of Natural Resources; Jim Dieringer, Staff,
Representative Hugh Fate
PRESENT VIA TELECONFERENCE
William Satterberg, Attorney, Fairbanks; Ian Marples,
Alcohol Counter Measure Systems, Anchorage; Daine Wendlandt,
Assistant Attorney General, Department of Law, Anchorage;
Ralph Fuller, Matsu; Jess Christianson, Matsu; Israel
Nelson, Matsu; Janet McCabe, Partners for Progress,
Anchorage; Dick Mylius, Deputy Director, Division of Mining
Land and Water, Department of Natural Resources, Anchorage
SUMMARY
HB 319 An Act relating to the disposal of state land by
lottery; and relating to the disposal, including
sale or lease, of remote recreational cabin sites.
HB 319 was HEARD and HELD in Committee for further
consideration.
HB 342 An Act relating to driving while intoxicated; and
providing for an effective date.
HB 342 was HEARD and HELD in Committee for further
consideration.
HB 418 An Act extending the termination date of the Real
Estate Commission; and providing for an effective
date.
CS HB 418 (FIN) was reported out of Committee with
a "do pass" recommendation and with a new fiscal
note by the Department of Community & Economic
Development.
HB 439 An Act relating to the authority to take oaths,
affirmations, and acknowledgments in the state;
relating to notaries public; relating to fees for
issuing certificates with the seal of the state
affixed; and providing for an effective date.
HB 439 was HEARD and HELD in Committee for further
consideration.
HB 484 An Act imposing a correctional facility surcharge
on persons convicted of a crime under state law,
and on persons whose probation is revoked;
relating to fees and expenses for interstate
transfer of probation or parole; and providing for
an effective date.
CS HB 484 (JUD) was reported out of Committee with
"individual recommendations" and with a new zero
note by the Alaska Court System, a new fiscal note
by the Department of Corrections and fiscal note
#1 by the Department of Law.
CS SB 301(FIN)
An Act relating to the Alaska Pioneers' Home and
the Alaska Veterans' Home; relating to eligibility
for admission to the Alaska Pioneers' Home and
Alaska Veterans' Home; relating to the eligibility
of residents for the Alaska Pioneers' Home and the
Alaska Veterans' Home for general relief
assistance; relating to state veterans' home
facilities; making conforming amendments; and
providing for an effective date.
HCS CS SB 301 (FIN) was reported out of Committee
with an accompanying Letter of Intent.
HOUSE CS FOR CS FOR SENATE BILL NO. 301(FIN)
An Act relating to the Alaska Pioneers' Home and the
Alaska Veterans' Home; relating to eligibility for
admission to the Alaska Pioneers' Home and Alaska
Veterans' Home; relating to the eligibility of
residents for the Alaska Pioneers' Home and the Alaska
Veterans' Home for general relief assistance; relating
to state veterans' home facilities; making conforming
amendments; and providing for an effective date.
Vice Chair Meyer MOVED to report HCS CS SB 301 (FIN) out of
Committee with the accompanying Letter of Intent and fiscal
note. Co-Chair Williams OBJECTED for the purpose of
discussion.
DENNY DEWITT, SPECIAL ASSISTANT, OFFICE OF THE GOVERNOR,
explained that the Letter of Intent would outline the
intended process used to control admissions at veteran
homes. He indicated that 75% of the residents would be
veterans and that the balance would be filled using the
current Pioneer Home waiting list plan. The Senate Health,
Education and Social Services Committee requested that a
Letter of Intent accompany the bill, articulating the
Governor's support.
Co-Chair Williams WITHDREW his OBJECTION. There being NO
further OBJECTION, the Letter of Intent was adopted and
attached to the bill.
HCS CS SB 301 (FIN) was reported out of Committee with the
Letter of Intent and fiscal note #1 by the Department of
Health & Social Services.
HOUSE BILL NO. 342
An Act relating to driving while intoxicated; and
providing for an effective date.
CODY RICE, STAFF, REPRESENTATIVE CARL GATTO, spoke to CS HB
342 (JUD). He noted that the legislation would make several
changes to Driving Under the Influence (DUI) law. The bill
would set out a tiered fine schedule increasing fines and
would add other sanctions, in particular the ignition
interlock device. The bill clarifies that the ignition
interlock could only be Court-ordered as part of the
offenders sentence for vehicles driven on roadways and
requiring a license.
Mr. Rice pointed out that fines would be increased for those
offenders who have between 0.16 and 0.24 blood alcohol
content (BAC); establishing an additional increase for
offenders with a 0.24 or higher BAC. It would also add the
ignition interlock for six months. He continued, HB 342
contains provisions for limited licensing under certain
circumstances for misdemenor offenders receiving licenses
under certain situations.
Representative Chenault asked the costs associated with the
interlocks and installation. Mr. Rice responded that the
quoted prices range around $3 dollars a day. He added that
in current State law, a provision does exist which allows
ignition interlocks to be subtracted from the fines.
Representative Stoltze remembered that in 1989, the
Legislature passed another interlock device legislation.
The language was permissive and many concerns had been
voiced regarding the technology of those devices and asked
if it had been implemented. Mr. Rice replied that it had
been attempted in Anchorage; however, judges were hesitant
to apply the ignition locks until they saw sufficient
success. Mr. Rice pointed out that ignition interlocks are
used worldwide despite weather conditions.
Representative Chenault asked if snow machines would be
exempt. Mr. Rice replied that snow machines, off road
vehicles and vehicles not intended to be driven on highways
would be exempt from requirements for ignition interlocks.
Representative Croft understood that the legislation would
remove the discretion for those offenders registering twice
over the legal limit. Mr. Rice acknowledged that was
correct and would be required for offenders wanting to get
their limited license back. Under the bill, offenders
convicted of multiple misdemeanors who want to receive a
limited license, would be required to use ignition interlock
as well as those with double or triple offenses.
Representative Rokeberg responded. [In audible - tape
malfunction].
REPRESENTATIVE NORMAN ROKEBERG spoke to work draft, #23-
LS1292\S, Luckhaupt, 4/9/04. (Copy on File). He stated
that the draft was similar to Representative Gatto's bill
and that he hoped the efficiency and activity of the two
bills could blend together.
Representative Rokeberg pointed out that HB 175 has a House
Judiciary Committee referral. He mentioned that there are
statewide witnesses on-line that want to testify on the bill
before consideration of marrying the two is discussed.
Representative Rokeberg referenced Page 4, Section 3,
stating that it would add the provision for limited
licensure for those people under that jurisdiction and who
successfully completed a wellness profile for a limited
license and would qualify people in that program. [In
audible].
Representative Rokeberg noted that Page 7, Section 7, would
provide the same benefit to those under the jurisdiction of
the therapeutic court to provide [in audible] successfully
completing the program. The idea is that it would give
judges working under the therapeutic court model, the right
to limited licensure.
Representative Rokeberg noted in HB 4 passed in 2002, the
Legislature spoke strongly about raising the DUI fines from
$500 to $1500 dollars. He thought that there had been an
oversight in that legislation, which allowed judges to
suspend a portion of the fine. A judge could be preempted.
There can be delays, which tend to happen. The courts do
have the authority and discretion to lower the fine below
that level. Section 3, Lines 12-22, changes the minimum
fine language. Section 4 supplies the same language for the
felony provisions in law.
Representative Rokeberg noted the final change in Section 5,
Page 6, Line 10, which provides the definition of a previous
conviction and provides a five-year look-back. HB 4
implements a ten-year look-back phased in with a 10-year
window for Class C felonies. He pointed out that was the
legislative intent for HB 4. Representative Rokeberg noted
that the House Judiciary Committee had focused on the felony
aspect.
Representative Rokeberg directed the Committee's attention
to language on Page 4. He spoke about the need for
compassion for these offenders. The fines and levels of
incarceration have been raised significantly. He mentioned
offenders who have a substantial period of time between
their DUI occurrences, pointing out that patterns and
lifestyles can change tremendously during a 15-year look-
back period. The work draft provides that person a second
chance and their other offenses would have had to occur
outside of that 15-year window.
Representative Rokeberg voiced his appreciation for the
consideration of the draft and requested the process be
expedited.
Co-Chair Harris asked which Committee the bill that
Representative Rokeberg was attempting to place into HB 342
was currently located. Representative Rokeberg stated that
it is currently in the House Judiciary Committee and also
before the House Finance Committee in the draft "S" version
of HB 342.
Co-Chair Harris asked if Representative Rokeberg's was
concerned that his bill would not move from the House
Judiciary Committee. Representative Rokeberg responded that
Committee is "bogged down" and he thought that it would be
more efficient to accomplish his intent in the proposed
manner. Co-Chair Harris questioned if there were legal
rules regarding such action, understanding that there is
nothing that cannot be changed.
WILLIAM SATTERBERG, (TESTIFIED VIA TELECONFERENCE),
ATTORNEY, FAIRBANKS, testified that the bill has some good
attributes. He made recommendations, which he believed
would make the legislation more helpful. Mr. Satterberg
agreed with Representative Rokeberg's discussion. He
elaborated that one of his clients, 67 years old, had a DUI
over thirty years ago, receiving another in 2002 and as a
consequence of that, spent 60-days in jail. He presently is
looking at a hefty fine and a three-year loss of license.
Mr. Satterberg testified that the concept of the look-back
provision would be admirable, and agreed with Representative
Rokeberg that it had probably been an oversight.
Mr. Satterberg requested that the Committee make a
retroactive provision for those people caught in the interim
period. The active date in statute is January 1, 2005. He
recommended that it should be moved up to July 1, 2004.
Those fines disappear into a "black hole" of the general
fund. He strongly urged that the mandatory fines be used
for rehabilitation purposes.
RALPH FULLER, (TESTIFIED VIA TELECONFERENCE), MATSU,
elaborated on a DUI he received thirty years ago, with
another four years ago and now a recent one. He lost his
license for three years, which has been very difficult since
st
he is self-employed. He requested that the July 1 date be
added to the bill as it would help offenders get back to a
productive life.
ISRAEL NELSON, (TESTIFIED VIA TELECONFERENCE), MATSU, voiced
support for the bill as it would further impede people from
using their vehicles while under the influence of alcohol.
He urged that the fines be used for treatment of those
people.
JANET MCCABE, (TESTIFIED VIA TELECONFERENCE), PARTNERS FOR
PROGRESS, ANCHORAGE, voiced support for the work draft
version "S". She noted that Partners for Progress is a non-
profit group that supports development of therapeutic courts
throughout the State. She commented that limited licensures
would encourage the stop action of repeat offenses,
emphasizing that these programs work. She stressed that
therapeutic courts are three times more effective for
stopping alcoholic crimes and are far less expensive than
incarceration. Ms. McCabe supported the idea of a limited
licensing.
CINDY CASHEN, MOTHER'S AGAINST DRUNK DRIVING (MADD), JUNEAU,
testified that MADD supports both pieces of legislation.
MADD supports measures that would enhance or escalate
penalties for drivers convicted DUI with blood alcohol
content at the time of arrest at least double or higher.
She pointed out that over 13,000 people were killed in
alcohol related accidents last year. In over half of those
crashes, the driver had an alcohol level of over 0.15. At
that range, the driver is 384 times more likely to get into
a fatal crash than a driver that has had nothing to drink.
Additionally, one-third of those arrested for DUI, have had
a previous DUI.
In 2001, in Alaska, there was a total of 4,918 people
arrested for drunk driving. Of that number, over 1,800 were
repeat offenders. In 2000, over 1,400 were repeat
offenders. Ms. Cashen pointed out that these numbers are
high, advising that the ignition interlock works. Studies
have proven that there could be up a 50%-90% reduction on
offenders fined and that have the device in place as
compared to those who do not.
Ms. Cashen pointed out that MADD supports wellness and
therapeutic courts and anything else that would help
encourage an 18-month program. She addressed the look-back
concept, pointing out that those with their first DWI
thirty-years ago and receiving another and then another;
that according to the National Highway Traffic Safety Board,
the average amount of time that it takes to get caught for
drunk driving is around ten years. She urged that the look-
back stay at a minimum of fifteen years.
HB 342 was HELD in Committee for further consideration.
HOUSE BILL NO. 418
An Act extending the termination date of the Real
Estate Commission; and providing for an effective date.
REPRESENTATIVE NORMAN ROKEBERG, SPONSOR, explained the bill
noting that AS 08.88.010 has established the Real Estate
Commission (REC), providing for appointment of members by
the Governor. The Commission consists of five real estate
brokers or associate brokers, one from each of the four
judicial districts and two public members. The bill, if
enacted would extend the Commission operation for another
four years to June 30, 2008.
The Commission serves the public interest by adopting
regulations to carry out the laws governing the practice of
real estate in Alaska. It approves education courses and
instructors, makes final licensing decisions and takes
disciplinary action against people who violate the licensing
laws.
Representative Rokeberg advised that Legislative Audit
recommends REC be extended. The regulation and licensing of
real estate professionals provides necessary public
protection in the buying and selling of residential and
commercial properties. He recommended that REC be extended
to June 30, 2008, and urged passage.
He pointed out amendments made by the House Labor & Commerce
Committee, which address two issues:
· Home inspectors, and
· Requests from the Division of Occupational
Licensing, cleaning up statutory language.
Representative Rokeberg highlighted the sectional analysis:
· Section 1 extends the sunset for the Real Estate
th
Commission to June 30, 2008.
· Section 2 addresses the question of dual insurance.
Current law requires each licensee to have
insurance.
· Sections 3 & 4 were requested by the Division of
Insurance and clear up language regarding inactive
real estate licenses and address notification.
· Section 5 addresses continuing education for a
person who has a transitional home inspector
license.
· Section 6 allows for the act to take effect
immediately.
Representative Rokeberg referenced Amendment #1, #23-
LS1548\H.1, Mischel, 3/1/04. (Copy on File).
Co-Chair Williams asked if the amendment had received any
other committee hearings. Co-Chair Harris reported that the
bill had received rigorous debate in the House Labor and
Commerce Committee.
Co-Chair Harris MOVED to ADOPT Amendment #1. Co-Chair
Williams OBJECTED and noted that he wished it had been
addressed in the previous committee.
Representative Stoltze recommended that Amendment #1 needed
to have more public in put. He referenced Page 1, Line 10,
deleting language "American Home Inspectors Training
Institute", indicating that it would be good to hear if that
change was supported.
Representative Rokeberg responded that he had no objection
to removing the language. He pointed out that organization
was added in the Senate Judiciary Committee last year. He
understood that the distinction was substantially different
and that the requirements were not adequate.
Representative Stoltze MOVED to ADOPT the amendment to
Amendment #1. Co-Chair Harris OBJECTED and asked if there
was a problem with that group. Representative Rokeberg
replied that they had lobbied to get placement in the bill
last year with the Chair of the Senate Judiciary Committee.
TAPE HFC 04 - 80, Side B
Representative Rokeberg agreed that the amendment to the
amendment would be appropriate. Co-Chair Harris asked why
the public felt that way. Representative Rokeberg responded
that the other included organizations are much more
thorough. The course of instruction by the American Home
Inspectors is only six days and includes 50 questions;
whereas, the other exam is a longer course of study and has
250 questions. It is a more arduous course of study.
Co-Chair Harris WITHDREW his OBJECTION to amending Amendment
#1. There being NO further OBJECTION, the amendment was to
Amendment #1 was adopted.
Representative Croft inquired if the first portion of the
amendment adds a continuing education requirement.
Representative Rokeberg responded that was part of the
original bill. Representative Croft asked what the section
would be adding.
JANET SEITZ, STAFF, REPRESENTATIVE NORMAN ROKEBERG,
explained that when the regulations were developed, there
were problems the Division had in distinguishing between who
needed continuing education and who did not. It was the
original intent that once the party got their license, the
only thing they would need would be the continuing
education. The amendment makes it clear that inspectors
must submit the application within one year of passing the
exam, or they demonstrate the documentation that they had
passed the exam, or they could show that they had the
continuing education requirement.
Representative Croft requested clarification if they would
have to apply within one year, adding the additional
language of proof of a continuing education requirement.
Ms. Seitz responded that it would be either one or the
other.
Representative Croft asked what was the "residential
combination examination". Ms. Seitz replied that when the
Division was developing the regulations, under the current
law, the passing of the building inspector examination, a
person would have to pass four separate exams. The combo
examination is a "4 in 1" exam and instead of taking
separate exams, the qualifying person takes only the combo
exam.
Representative Croft advised that the fee for licensing
would be $200 dollars. He inquired if the fee had been left
out when previously passed. Ms. Seitz replied that it had
been left out.
Co-Chair Williams WITHDREW his OBJECTION to the amended
Amendment #1. There being NO further OBJECTION, Amendment
#1 was adopted.
Co-Chair Harris inquired if the bill had received an audit.
PAT DAVIDSON, LEGISLATIVE AUDITOR, LEGISLATIVE AUDIT
DIVISION, replied that an audit had been done and a
recommendation was made for a four-year extension. Further
recommendations made were:
· To increase the ceiling for the real estate assurity
fund;
· To create a reasonable due notice when claims are
approved;
· To clarify that if a real estate agent was involved
in the sale of a mobile home, the transaction be
covered by the real estate assurity fund.
Ms. Davidson acknowledged that the third recommendation was
accompanied by controversy and that the Division did not
mean that all mobile home sales had to be handled by real
estate agents. That would not be recommended. They would
need that only to the extent that if a real estate agent was
involved, the transaction would then be covered by that
fund. The proposed bill does not address that concern.
Representative Foster MOVED to report CS HB 418 (FIN) out of
Committee with individual recommendations and with the
accompanying fiscal note. There being NO OBJECTION, it was
so ordered.
CS HB 418 (FIN) was reported out of Committee with a "do
pass" recommendation and with a new fiscal note by the
Department of Community & Economic Development.
HOUSE BILL NO. 319
An Act relating to the disposal of state land by
lottery; and relating to the disposal, including sale
or lease, of remote recreational cabin sites.
Co-Chair Harris MOVED to ADOPT work draft #23-LS0477\W,
Bullock, 4/2/04, as the version of the legislation before
the Committee. There being NO OBJECTION, it was adopted.
JIM POUND, STAFF, REPRESENTATIVE HUGH FATE, discussed the
committee substitute addressing two primary concerns. The
first change is the 100% penalty clause at the end of the
contract line in Sections 2 and 3; the second change deletes
the authority language. He believed that the changes would
enhance the bill. Mr. Pound noted Amendment #1, #23-
LS0477\W.2, Bullock, 4/13/04. (Copy on File).
Co-Chair Harris MOVED to ADOPT Amendment #1. Co-Chair
Williams OBJECTED.
PETE ECKLUND, STAFF, REPRESENTATIVE BILL WILLIAMS, reviewed
the amendment, noting that it would clarify, that in order
to nominate a parcel under the program, the person would
need to be a State resident. The amendment defines State
resident to mirror what is already in statute. The
amendment clarifies that only State residents can nominate
parcels. The amendment addresses the concern that
individuals can nominate multiple parcels across the State
and would be limited to every three years, once a lease had
been purchased.
There being NO further OBJECTION, Amendment #1 was adopted.
Representative Croft questioned if there was a limit on the
initial nomination process.
REPRESENTATIVE HUGH FATE, SPONSOR, commented the
commissioner could adopt only one petition. Representative
Croft inquired if that language was located on Page 3, Line
25. Mr. Pound pointed out that the number adopted in the
amendment would change the language, making it more specific
to the commissioner's judicial review.
Representative Fate provided members with a new fiscal note,
dated 3/30/04. (Copy on File). He observed that HB 319
would generate a conservation minimum of $500,000 dollars
annually in land sale revenues. He hoped that an agreement
had been reached regarding the fiscal impact.
Co-Chair Williams asked if the Department was available to
address the fiscal notes.
JANET BURLESON-BAXTER, LEGISLATIVE LIAISON, OFFICE OF THE
COMMISSIONER, DEPARTMENT OF NATURAL RESOURCES, offered to
answer questions for the Department.
JIM DIERINGER, STAFF, REPRESENTATIVE HUGH FATE, pointed out
that the new note dated 3/30/04.
Dick Mylius, (testified via teleconference), Deputy
Director, Division of Mining Land and Water, Department of
Natural Resources, anchorage, stated that he had not seen
that note and was not able to respond. The sponsor and the
Department had reached agreement on the previous note. Co-
Chair Harris clarified it would be $2 million dollars for
the next five years.
Mr. Dieringer advised that the differences between the two
fiscal notes, one dated 3/26/04 and the other dated 3/30/04,
was clerical category changes. He observed that there were
no changes to the numbers only the format.
Co-Chair Williams stated that he would hold the bill in
Committee so that the Department could address the fiscal
concern. Representative Fate interjected that his office
had gone over the notes with the Department and understood
that they had come to an agreement.
Co-Chair Harris commented that the fiscal note adds another
$355 thousand dollars to the FY05Department of Natural
Resources, Land Sales. It is also proposed that the
Department have an additional $481 thousand dollars for
FY06. He understood the funding during the out years would
come from program receipts and/or sale of lands. He
believed that passage of the bill, would generated an
additional $355 thousand dollars, which would be added to
the Department of Natural Resources budget. Mr. Dieringer
stated that was correct. When implementing any type of real
estate program, there is a lag period between the selection,
best interest findings time, the appraisals and the surveys.
When working with the Department, it will take about two
years. The sponsor agreed that between 18 to 24 months
would be reasonable. There would be no sales revenues until
th
up to the 18 month. Present year, would require funding of
$355 thousand dollars.
Co-Chair Harris asked if the fiscal note proposed no funding
for the FY05 budget. He thought that the Department would
have to "eat" the $355 thousand dollars, needing monies to
operate. Mr. Dieringer anticipated that there would be
program receipts to cover costs. In this year's budget, the
Division requested eight new positions and $400 thousand
dollars to develop a land sales program. He did not know if
that had been approved. He believed that there would be
enough money this year to implement the program; then
program receipts would come in by the third year to cover
all the other costs.
Co-Chair Williams requested that the fiscal note be
discussed with the Department.
Ms. Burleson-Baxter pointed out that version "W" will impact
the Department's proposed note.
Co-Chair Williams referenced the comparison document. (Copy
on File). He asked if that had changed. Ms. Burleson-
Baxter responded that it had changed from the side by side
presented of version "V". Co-Chair Williams requested an
amended version comparison. Ms. Burleson-Baxter offered to
provide that information.
HB 319 was HELD in Committee for further consideration.
HOUSE BILL NO. 439
An Act relating to the authority to take oaths,
affirmations, and acknowledgments in the state;
relating to notaries public; relating to fees for
issuing certificates with the seal of the state
affixed; and providing for an effective date.
ANNETTE KREITZER, CHIEF OF STAFF, OFFICE OF THE LIEUTENANT
GOVERNOR, pointed out the positive fiscal note accompanying
HB 439. She highlighted the comparison chart and the
sectional analysis. (Copy on File). The sectional analysis
outlines the changes that occurred in the House State
Affairs and House Judiciary Committees.
The bill is a result of research handled by the Office of
the Lieutenant Governor and among 12,000 notaries statewide.
In the prepared bill, the qualification age has been lowered
to 18 years old. The residency requirement made is
consistent with general residency statute AS 01.10.055,
rather than separate definition. The terms would remain the
same. The $2 dollar per certificate fee has been increased
to $5 dollars per certificate. The bond amount was not
changed.
Ms. Kreitzer continued, highlighting the two types of
commissions, public notaries and the limited governmental
notary public commissions. The Lt. Governor, for good cause
via a formal disciplinary procedure, could make a commission
revocation. The notary information currently available
remains unchanged. The notary's name, mailing address,
surety information and commission dates continue to be
publicly available. There will be no changes to the non-
commissioned notaries.
Ms. Kreitzer added that it is intended to move toward a web-
based system.
Representative Foster referenced the comparison chart,
inquiring how it was intended to work in rural Alaska.
SCOTT CLARK, NOTARY ADMINISTRATOR, OFFICE OF THE LIEUTENANT
GOVERNOR, explained that beside commercial bonds, there are
individual assurities. A person applying for the notary
commission can have a relative or friend act assurity on a
bond. It does not involve any expense on the applicant's
part.
Representative Foster pointed out that the chart implies
that applicants cannot have a felon conviction for a ten-
year period. Mr. Clark responded that currently there are
no restrictions for felons serving as notaries.
Ms. Kreitzer stated that the bill had not been introduced
with language addressing that concern. The Lt. Governor
offered to consider the right to be a notary if there was a
good compromise. From statistics, the Department of
Corrections has indicated that if someone was free from
committing a felony for 10-years following the initial
felony, there is a good chance that person would not be
committing another felony. She clarified that the language
was a compromise. That statement surprised Representative
Foster as he thought a person could not vote if they had
been a felon. Ms. Kreitzer advised that voting rights can
be restored.
Co-Chair Williams stated that HB 439 would be HELD in
Committee for further consideration.
HOUSE BILL NO. 484
An Act imposing a correctional facility surcharge on
persons convicted of a crime under state law, and on
persons whose probation is revoked; relating to fees
and expenses for interstate transfer of probation or
parole; and providing for an effective date.
PORTIA PARKER, DEPUTY COMMISSIONER, DEPARTMENT OF
CORRECTIONS, stated that HB 484 would impose a surcharge on
persons convicted of an offense and on persons whose
probation was revoked. The bill also requires that a person
under State probation or parole supervision to pay an
application fee for a requested transfer of that supervision
to another state.
She added that Alaska has an urgent need to mitigate the
cost of the correctional facilities. The bill would impose
a surcharge on a person who pleads guilty, nolo contendere,
or is convicted of a crime if that person was arrested and
taken to a correctional facility or sentenced to a term of
imprisonment. The amount of the surcharge depends on the
seriousness of the crime. Ms. Parker added that the bill
would also impose a surcharge on a person placed on
probation after conviction of a crime. The surcharge is
collected only if the defendant's probation was revoked for
a probation violation and that person was either arrested
and taken to a correctional facility for the violation, or
sentenced to prison for it.
Ms. Parker stated that Alaska participates in the Interstate
Compact for Adult Offender Supervision, which regulates the
transfer of supervision for persons under State probation
and parole. HB 484 would establish an application fee for
persons under active probation or parole supervision who
request an interstate transfer of supervision under the
Compact. According to the Department of Corrections, the
majority of other states already impose a fee for similar
services. The legislation would require the applicant to
post bond or deposit cash, which would be forfeited if the
State has to escort the person back to Alaska for confined
supervision.
Vice Chair Meyer questioned how the dollar amount had been
determined. Ms. Parker replied that the middle ground was
chosen for booking fees. Some states charge a daily fee,
with many other administrative charges imposed. The highest
found was $250 dollars, so the Department believed that
$100 dollar should be reasonable.
Vice Chair Meyer asked how people with no income could be
charged. Ms. Parker requested that someone else address the
collection process and that there are people on line who
could address that concern. She pointed out that wages can
be garnished.
TAPE HFC 04 - 81, Side A
Ms. Parker added that housing and medical needs are paid for
by the State general fund and that working in the facilities
could help pay for the $100 fine in the correctional
facilities.
Vice Chair Meyer asked if work in the facility was optional.
Ms. Parker replied that it is.
Representative Chenault pointed out that the Court System
currently assesses charges for just about everything. He
asked about the transferring process and how the fee was
determined. Ms. Parker responded that the offender would
have to make a request for a transfer to another state to be
charged the fee and they would then be under the probation
through an interstate contract.
Representative Foster referenced the 32,000 yearly arrests.
Ms. Parker explained that is the number of bookings.
Representative Foster pointed out that there are only
600,000 people in the entire state. That amount would be a
huge percent of the State's population. Ms. Parker advised
that many are the same individual being rebooked.
Representative Croft asked if the transfer would be charged
for only one way. Ms. Parker clarified that there would be
a charge for processing when they request to transfer out of
state. That is the manner in which most other states handle
it. If they were charged on entering into Alaska, they
would be charged both an exiting from the other state and
then again an entering fee. The $100 dollar fee would cover
the request for processing and needs to be a bond, a $200
dollar bail bond. If the individual does not need to be
retrieved, then the $200 dollars is refundable.
Representative Croft recommended it would be better to
charge them coming into state. In effect, there would be a
double charge when transferring back to Alaska.
Representative Foster believed it would be cheaper to get
them out of the State.
DIANE WENDLANDT, (TESTIFIED VIA TELECONFERENCE), ASSISTANT
ATTORNEY GENERAL, DEPARTMENT OF LAW, ANCHORAGE, offered to
answer questions of the Committee.
Representative Foster MOVED to report CS HB 484 (JUD) out of
Committee with individual recommendations and with the
accompanying fiscal notes. There being NO OBJECTION, it was
so ordered.
CS HB 484 (JUD) was reported out of Committee with
"individual" recommendations and with a new zero note by the
Alaska Court System, a new fiscal note by the Department of
Corrections and fiscal note #1 by the Department of Law.
ADJOURNMENT
The meeting was adjourned at 5:13 P.M.
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