Legislature(2003 - 2004)

05/04/2004 09:21 AM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                  HOUSE FINANCE COMMITTEE                                                                                       
                        May 4, 2004                                                                                             
                         9:21 A.M.                                                                                              
                                                                                                                                
TAPE HFC 04 - 104, Side A                                                                                                       
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Williams called the House  Finance Committee meeting                                                                   
to order at 9:21 A.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 Carl Moses                                                                                                       
Representative Bill Stoltze                                                                                                     
                                                                                                                                
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Peter Ecklund, House Finance Committee  Staff, Representative                                                                   
Bill Williams;  James Armstrong,  Staff, Representative  Bill                                                                   
Williams;  Dick Coose,  Staff,  Senator  Bert Stedman;  Susan                                                                   
Parks,   Assistant  Attorney   General,  Criminal   Division,                                                                   
Department of Law                                                                                                               
                                                                                                                                
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Becky  Gay, Program  Manager,  Alaska Industrial  Development                                                                   
and Export Authority (AIDEA),  Alaska Energy Authority (AEA),                                                                   
Anchorage;  Linda Wilson, Executive  Director, Alaska  Public                                                                   
Defender Agency, Department of Administration, Anchorage                                                                        
                                                                                                                                
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
HB 561    An Act  providing for and relating  to the issuance                                                                   
          of general obligation bonds in a principal amount                                                                     
          of not more than $1,000,000 for the purpose of                                                                        
          paying  the cost of state  transportation projects;                                                                   
          and providing for an effective date.                                                                                  
                                                                                                                                
          CS HB 561 (FIN) was reported out of Committee with                                                                    
          a  "do pass" recommendation  and with a  new fiscal                                                                   
          note by the Department of Revenue.                                                                                    
                                                                                                                                
CS SB 30(JUD) am                                                                                                                
          An  Act   relating  to  information   and  services                                                                   
          available to pregnant  women and other persons; and                                                                   
          ensuring  informed consent  before an  abortion may                                                                   
          be   performed,   except   in  cases   of   medical                                                                   
          emergency.                                                                                                            
                                                                                                                                
          CS SB 30(JUD)am was SCHEDULED by not HEARD.                                                                           
                                                                                                                                
CS SB 170(JUD)                                                                                                                  
          An  Act relating  to murder  in the second  degree,                                                                   
          the  justification of  defense of  self or  others,                                                                   
          immunity  from prosecution, sentencing,  probation,                                                                   
          discretionary    parole,   and    the    right   to                                                                   
          representation  in  certain  criminal  proceedings;                                                                   
          relating  to  violation   of  a  custodian's  duty;                                                                   
          relating  to sexual abuse  of a minor;  relating to                                                                   
          release  of  information concerning  certain  cases                                                                   
          involving  a  minor;   relating  to  local  options                                                                   
          regarding  alcoholic   beverages,  the  offense  of                                                                   
          furnishing or delivery  of alcoholic beverages to a                                                                   
          person  under 21  years of  age, and forfeiture  of                                                                   
          property  used  in, and  money  or  other items  of                                                                   
          value used in financial  transactions derived from,                                                                   
          violation  of certain  laws  relating to  alcoholic                                                                   
          beverages;  relating  to  assault  by  means  of  a                                                                   
          dangerous  instrument;  relating  to  operating  or                                                                   
          driving  a motor  vehicle, aircraft,  or watercraft                                                                   
          while   under   the  influence   of  an   alcoholic                                                                   
          beverage,  inhalant,  or controlled  substance,  to                                                                   
          the  refusal to submit  to a chemical test,  and to                                                                   
          the  presumptions concerning the  chemical analysis                                                                   
          of breath or blood;  and providing for an effective                                                                   
          date.                                                                                                                 
                                                                                                                                
          CS SB 170(JUD) was HEARD and HELD in Committee.                                                                       
                                                                                                                                
CS SB 272(FIN)                                                                                                                  
          An  Act relating  to certain  monetary advances  in                                                                   
          which  the deposit or  other negotiation  of checks                                                                   
          to pay the advances  is delayed until a later date;                                                                   
          and providing for an effective date.                                                                                  
                                                                                                                                
          CS SB 272 (FIN) was SCHEDULED but not HEARD.                                                                          
                                                                                                                                
                                                                                                                                
CS SB 276(FIN)                                                                                                                  
          An  Act relating to  the Alaska Insurance  Guaranty                                                                   
          Association;  relating to the powers  of the Alaska                                                                   
          Industrial   Development   and   Export   Authority                                                                   
          concerning  the association;  and providing  for an                                                                   
          effective date.                                                                                                       
                                                                                                                                
          CS SB 276(FIN) was SCHEDULED but not HEARD.                                                                           
                                                                                                                                
CS SS SB 328(FIN)                                                                                                               
          An  Act  relating  to the  national  forest  income                                                                   
          program   in  the  Department   of  Community   and                                                                   
          Economic  Development and to  the authority  of the                                                                   
          department to adopt  regulations; making conforming                                                                   
          amendments; and providing for an effective date.                                                                      
                                                                                                                                
          HC  CS  SS  SB  328   (CRA)  was  reported  out  of                                                                   
          Committee with a "do  pass" recommendation and with                                                                   
          zero  note  #1 by  the  Department  of Community  &                                                                   
          Economic Development.                                                                                                 
                                                                                                                                
CS SB 337(L&C)                                                                                                                  
          An Act relating to the  powers of the Alaska Energy                                                                   
          Authority to  make grants and loans,  to enter into                                                                   
          contracts,  and  to  improve, equip,  operate,  and                                                                   
          maintain   bulk   fuel,    waste   energy,   energy                                                                   
          conservation,  energy  efficiency, and  alternative                                                                   
          energy  facilities and  equipment; relating  to the                                                                   
          bulk  fuel revolving  loan  fund;  relating to  the                                                                   
          Alaska   Energy  Authority's   liability  for   the                                                                   
          provision   of   technical  assistance   to   rural                                                                   
          utilities;   relating    to   the   Alaska   Energy                                                                   
          Authority's  investment  of the  power  development                                                                   
          fund;  repealing the  electrical service  extension                                                                   
          fund; and providing for an effective date.                                                                            
                                                                                                                                
          HCS CS  SB 337(FIN)  was reported out  of Committee                                                                   
          with "no  recommendation" and with zero  note #1 by                                                                   
          the  Department  of Revenue  and  zero  note #2  by                                                                   
          Department of Community & Economic Development.                                                                       
                                                                                                                                
CS SB 357(FIN)                                                                                                                  
          An  Act relating  to the  regulation of  insurance,                                                                   
          insurance  licenses,  qualifications  of  insurance                                                                   
          producers,  surplus  lines,  fraud  investigations,                                                                   
          electronic   transactions,   and  compliance   with                                                                   
          federal law  and national standards;  and providing                                                                   
          for an effective date.                                                                                                
                                                                                                                                
          CS SB 357(FIN) was SCHEDULED but not HEARD.                                                                           
                                                                                                                                
CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 328(FIN)                                                                        
                                                                                                                                
     An Act  relating to  the national forest  income program                                                                   
     in the Department of  Community and Economic Development                                                                   
     and  to  the  authority   of  the  department  to  adopt                                                                   
     regulations;    making   conforming    amendments;   and                                                                   
     providing for an effective date.                                                                                           
                                                                                                                                
DICK COOSE,  STAFF, SENATOR BERT STEDMAN,  explained that the                                                                   
legislation  would make  statutory changes  required  for the                                                                   
Department of Community and  Economic Development to disburse                                                                   
federal funds commonly referred  to as the "timber receipts".                                                                   
                                                                                                                                
The "Secure Rural Schools and Community Self-Determination                                                                      
Act of 2000" made substantive  changes to the federal program                                                                   
commonly known as National  Forest Receipts.  The Federal Act                                                                   
is  subject  to reauthorization  in  2006.   National  Forest                                                                   
Receipts are  distributed to the State for  schools and roads                                                                   
within the boundary of the  national forest in which they are                                                                   
collected.     Mr.  Coose  noted  that   the  Senate  Finance                                                                   
Committee  amended the  bill to  define the student  "average                                                                   
daily  membership"  (ADM)  for the  purpose  of  distributing                                                                   
forest receipts within unorganized boroughs.                                                                                    
                                                                                                                                
Mr. Coose continued, in order to address federal changes,                                                                       
the  Department of  Community and  Economic Development  must                                                                   
amend  program regulations  so  the  payments to  communities                                                                   
located  within  the  Tongass and  Chugach  National  Forests                                                                   
conform to  the new federal requirements.   Subsequent to the                                                                   
adoption  of the program  regulation changes,  the Department                                                                   
of  Law advised  the  Department  of Community  and  Economic                                                                   
Development  that   it  lacks  the  statutory   authority  to                                                                   
implement  the federal changes  through its regulations.   SB
328  provides  the Department  with  the  authority to  adopt                                                                   
regulations  necessary  to   implement  the  revised  federal                                                                   
program in a manner consistent with federal law.                                                                                
                                                                                                                                
Mr. Coose pointed out that the legislation provides general                                                                     
regulation  adoption authority  for the  Department  to carry                                                                   
out  its   statutory  functions.    The   change  corrects  a                                                                   
statutory problem created  by the merger of the Department of                                                                 
Commerce  and  Economic  Development  and the  Department  of                                                                   
Community  and Regional  Affairs.   Mr. Coose identified  the                                                                   
changes made in previous committees.                                                                                            
                                                                                                                                
Representative  Foster MOVED  to report HCS  CS SB  328 (CRA)                                                                   
out  of Committee  with individual  recommendations  and with                                                                   
the accompanying  fiscal note.  There being  NO OBJECTION, it                                                                   
was so ordered.                                                                                                                 
                                                                                                                                
HC CS SS  SB 328 (CRA) was  reported out of Committee  with a                                                                   
"do  pass"  recommendation  and  with  zero note  #1  by  the                                                                   
Department of Community & Economic Development.                                                                                 
                                                                                                                                
SB337                                                                                                                           
CS FOR SENATE BILL NO. 337(L&C)                                                                                               
                                                                                                                                
     An  Act relating  to  the powers  of  the Alaska  Energy                                                                   
     Authority  to  make  grants  and loans,  to  enter  into                                                                   
     contracts, and to improve,  equip, operate, and maintain                                                                   
     bulk  fuel, waste  energy,  energy conservation,  energy                                                                   
     efficiency,   and  alternative  energy   facilities  and                                                                   
     equipment;  relating  to the  bulk  fuel revolving  loan                                                                   
     fund;   relating  to  the   Alaska  Energy   Authority's                                                                   
     liability for  the provision of technical  assistance to                                                                   
     rural   utilities;  relating   to   the  Alaska   Energy                                                                   
     Authority's  investment of  the power development  fund;                                                                   
     repealing  the electrical  service  extension fund;  and                                                                   
     providing for an effective date.                                                                                           
                                                                                                                                
BECKY GAY,  (TESTIFIED VIA TELECONFERENCE),  PROJECT MANAGER,                                                                   
ALASKA INDUSTRIAL DEVELOPMENT  AND EXPORT AUTHORITY, (AIDEA),                                                                   
ALASKA ENERGY  AUTHORITY (AEA), ANCHORAGE, commented  that SB
337 relates to the:                                                                                                             
                                                                                                                                
   ·    Powers of the Alaska Energy Authority (AEA) to make                                                                     
        grants and loans and enter into contracts;                                                                              
   ·    The bulk fuel revolving loan fund;                                                                                      
   ·    AEA's potential liability for the provision of                                                                          
        technical assistance to rural utilities;                                                                                
  ·    AEA's investment of the power development fund, and                                                                      
   ·    Repeals the electrical service extension fund.                                                                          
                                                                                                                                
Section  1  amends  AS 42.45.0  10,  establishing  the  power                                                                   
project  fund, to  add authorization  for AEA  to make  loans                                                                   
from the fund  for waste energy, energy  conservation, energy                                                                   
efficiency, and alternative energy  facilities and equipment.                                                                   
Similarly,  Section 9  of the  bill would  amend the  general                                                                   
powers of  AEA to  authorize it  to improve, equip,  operate,                                                                   
maintain,  and enter  into  contracts for  the  construction,                                                                   
financing, operation, and maintenance of:                                                                                       
                                                                                                                                
   ·    Bulk fuel,                                                                                                              
   ·    Waste energy,                                                                                                           
   ·    Energy conservation,                                                                                                    
   ·    Energy efficiency, and                                                                                                  
   ·    Alternative energy facilities and equipment.                                                                            
                                                                                                                                
The  Denali  Commission  and   other  federal  agencies  have                                                                   
provided  substantial  funding  for such  projects,  and  the                                                                   
Legislature has  authorized AEA's receipt  and expenditure of                                                                   
the federal money.                                                                                                              
                                                                                                                                
Ms. Gay  pointed out  that Section  11 repeals  AS 42.45.060,                                                                   
which  establishes a  loan  committee to  review and  approve                                                                   
loans   from   the  power   project   fund   and  the   rural                                                                   
electrification  revolving  loan fund.   Upon  repeal of  the                                                                   
loan committee  statute, the credit department  of the Alaska                                                                   
Industrial  Development and  Export Authority  (AIDEA), which                                                                   
manages  the AEA's  loan programs,  would continue  to review                                                                   
applications  for loans from  those funds in  accordance with                                                                   
the  applicable regulations.   Section  2 of  the bill  would                                                                   
continue  the requirement  present  in AS  42.4 5.060(g)  for                                                                   
legislative  approval  of loans  for  projects  in which  the                                                                   
cumulative   State  monetary   involvement,  through   loans,                                                                   
grants, and bonds, is at  least $5,000,000 and loans for more                                                                   
than  $5,000,000.     Sections  1,  3,  4,   and  6,  contain                                                                   
conforming amendments to  reflect the repeal of AS 42.45.060.                                                                   
                                                                                                                                
She continued,  Sections 5 and 7, amend AS  42.45.2 50, which                                                                   
governs  loans from  the bulk  fuel revolving  loan fund,  to                                                                   
authorize  loans from  the  fund to  "persons," defined  with                                                                   
reference   to   AS  01.10.060   to   include   corporations,                                                                   
cooperatives,  joint  ventures,  and  governmental  entities,                                                                   
that generate  power or supply  the public with fuel  used in                                                                   
communities  with populations of  less than 2,000  people, as                                                                   
well as loans to the communities  themselves.  Presently, the                                                                   
statute authorizes loans  to "private individuals" and to the                                                                   
communities.  The Department  of Law recently interpreted the                                                                   
term "private  individuals" to include only  natural persons.                                                                   
Section 12  of the bill  makes the amendments  retroactive to                                                                   
June  1, 1984,  to encompass  active loans  from the  fund to                                                                   
such entities.                                                                                                                  
                                                                                                                                
Ms.  Gay noted  that  Section 8  amends  AS 42.45.400,  which                                                                   
requires  the AEA  to provide technical  assistance  to rural                                                                   
utilities, to  specify that the statutory mandate  may not be                                                                   
used as an independent basis  for tort liability against AEA.                                                                   
The  AEA would  continue to  be liable  for negligence  if it                                                                   
fails  to  use reasonable  care  in providing  the  technical                                                                   
assistance.                                                                                                                     
                                                                                                                                
Section 10  of the bill  would amends AS  44.83.386, relating                                                                   
to investment of the power  development fund, to provide that                                                                   
AEA, rather than the Department  of Revenue, invest the fund.                                                                   
She  pointed  out  that  AEA, with  the  concurrence  of  the                                                                   
Department  of Revenue,  has  been investing  the fund  since                                                                   
1993.  AEA  would continue to remit all fund  earnings to the                                                                   
general fund.                                                                                                                   
                                                                                                                                
Section  11,  in  addition   to  repealing  AS  42.45.060  as                                                                   
discussed  above,  repeals   AS  42.45.200,  (the  electrical                                                                   
service extension  fund, which  is inactive), and  repeals AS                                                                   
42.45.250(I)(1)  to  remove an  unnecessary  definition of  a                                                                   
term that is not used in the statute.   Ms. Gay concluded her                                                                   
testimony.                                                                                                                      
                                                                                                                                
Co-Chair Williams  MOVED to  ADOPT Amendment #1,  #23-GS2076,                                                                   
Craver, 5/3/04.  Co-Chair Harris  OBJECTED for the purpose of                                                                   
discussion.                                                                                                                     
                                                                                                                                
PETER ECKLUND, HOUSE FINANCE COMMITTEE  STAFF, REPRESENTATIVE                                                                   
BILL  WILLIAMS,  explained  that  several years  ago,  a  tax                                                                   
incentive  was passed  for ethanol produced  from wood  waste                                                                   
for seafood waste.   The incentive will expire  June 30, 2004                                                                   
and Amendment 1 extends the date to June 30, 2009.                                                                              
                                                                                                                                
Ms. Gay noted that AIDEA was neutral on Amendment 1.                                                                            
                                                                                                                                
Mr. Ecklund pointed  out the amendment would  require a title                                                                   
change.  Co-Chair Harris WITHDREW  his OBJECTION to Amendment                                                                   
1.   He added that  the title concern  could be  addressed on                                                                   
the House Floor.                                                                                                                
                                                                                                                                
Representative Foster MOVED to  report HCS CS SB 337(FIN) out                                                                   
of Committee  with  individual recommendations  and with  the                                                                   
accompanying fiscal notes.  There  being NO OBJECTION, it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
HCS CS  SB 337(FIN)  was reported out  of Committee  with "no                                                                   
recommendation" and  with zero note  #1 by the  Department of                                                                   
Revenue  and  zero  note  #2 by  Department  of  Community  &                                                                   
Economic Development.                                                                                                           
                                                                                                                                
CS FOR SENATE BILL NO. 170(JUD)                                                                                               
                                                                                                                                
     An  Act relating  to murder  in the  second degree,  the                                                                   
     justification  of defense  of self  or others,  immunity                                                                   
     from prosecution,  sentencing, probation,  discretionary                                                                   
     parole,  and  the  right to  representation  in  certain                                                                   
     criminal  proceedings;   relating  to  violation   of  a                                                                   
     custodian's duty;  relating to sexual abuse  of a minor;                                                                   
     relating  to release of  information concerning  certain                                                                   
     cases  involving  a  minor; relating  to  local  options                                                                   
     regarding   alcoholic   beverages,    the   offense   of                                                                   
     furnishing  or  delivery  of alcoholic  beverages  to  a                                                                   
     person  under  21  years   of  age,  and  forfeiture  of                                                                   
     property  used in,  and money  or other  items of  value                                                                   
     used in  financial transactions derived  from, violation                                                                   
     of  certain   laws  relating  to  alcoholic   beverages;                                                                   
     relating to assault by means  of a dangerous instrument;                                                                   
     relating  to  operating  or  driving  a  motor  vehicle,                                                                   
     aircraft, or watercraft while  under the influence of an                                                                   
     alcoholic beverage,  inhalant, or controlled  substance,                                                                   
     to the refusal to submit  to a chemical test, and to the                                                                   
     presumptions concerning the  chemical analysis of breath                                                                   
     or blood; and providing for an effective date.                                                                             
                                                                                                                                
SUSAN  PARKS,  DEPUTY ATTORNEY  GENERAL,  CRIMINAL  DIVISION,                                                                   
DEPARTMENT OF  LAW, spoke on  SB 170, the companion  bill for                                                                   
HB  244,  previously heard  and  held  in the  House  Finance                                                                   
Committee.   Both bills  were introduced  last year  and were                                                                   
worked on  extensively over the  interim.  The  Department of                                                                   
Law recommends  that the  Committee consider amending  SB 170                                                                   
to reflect  some of the refinements that  the House Judiciary                                                                   
Committee made in the provisions.                                                                                               
                                                                                                                                
Ms. Parks  pointed out  that there are  two provisions  in SB
170, not contained  in HB 244 that address  bootlegging.  The                                                                   
first area  not covered  in HB 244  is Sections  5 & 6  of SB
170.    Currently,  that  provision covers  a  5-mile  radius                                                                   
around  the villages,  however, in  areas where  the villages                                                                   
are  close  together,  the  5-mile  radius  overlaps.    When                                                                   
villages   have  conflicting   local   options,  the   courts                                                                   
interpret  that to say  that no local  option could  apply in                                                                   
that  area.  There  would then  be corridors created  outside                                                                   
the  areas  where  bootleggers  could  act.    Provisions  in                                                                   
Sections  5   &  6  clarify  that  the  local   option  of  a                                                                   
municipality  takes precedence and  if it were  two villages,                                                                   
it would  be the one least restrictive,  providing protection                                                                   
around the perimeters of the villages.                                                                                          
                                                                                                                                
Ms. Parks continued.   The other provisions  not contained in                                                                   
HB  244 address  forfeiture  in bootlegging  cases listed  in                                                                   
Sections 9, 10  & 11 of SB 170.  Those  provisions refine the                                                                   
admission  procedure.   When property  has been  seized  in a                                                                   
bootlegging case,  when an innocent third party  comes in and                                                                   
makes  a  showing that  the  seized  property  should not  be                                                                   
seized, those  provisions lay out a refinement  of what needs                                                                   
to  be  shown  in  order  to get  the  property  back.    The                                                                   
provisions  also   comply  for  a  mandatory   forfeiture  in                                                                   
situations  of a prior conviction  for bootlegging  or felony                                                                   
probation.    She reiterated  that  Sections  9-11 would  add                                                                   
forfeiture provisions not included in HB 244.                                                                                   
                                                                                                                                
Ms. Parks noted the proposed  amendments included in member's                                                                   
packets that would  take language from HB 244  and move it to                                                                   
SB  170.     She  stated  that  Representative   Samuels  had                                                                   
recommended  a  provision   that  is  not  supported  by  the                                                                   
Department,  as  it  would   create  concerns  for  attorneys                                                                   
interrupting  interviews of the  individual in custody.   She                                                                   
offered to answer questions of the Committee.                                                                                   
                                                                                                                                
LINDA   WILSON,   (TESTIFIED  VIA   TELECONFERENCE),   DEPUTY                                                                   
DIRECTOR,  PUBLIC  DEFENDER,  DEPARTMENT  OF  ADMINISTRATION,                                                                   
ANCHORAGE,  testified on  SB 170,  the companion  bill  to HB
244.    She   addressed  some  amendments   proposed  by  the                                                                   
Department  of Law  for the  Senate bill.   She  acknowledged                                                                   
that the  Public Defender does  support most of  the proposed                                                                   
amendments  except  the witness  immunity  section, Page  12,                                                                   
Section  21.  That  section brings  concerns with  the Alaska                                                                   
constitutional  rights  regarding  self-incrimination.    The                                                                   
bill  intends to  provide  a procedure  for  when claims  are                                                                   
raised  of self-incrimination.    When the  judge  determines                                                                   
that  a  witness  has  a  valid  claim,  they  then  let  the                                                                   
prosecutor know  that information.   The prosecutor  then has                                                                   
to determine  if they want to  grant the witness  immunity or                                                                   
not.  Under the Alaska Constitution,  that immunity is called                                                                   
'transactional  immunity'  and  the  person  could  never  be                                                                   
prosecuted for the crimes exposing  themselves to that.   She                                                                   
reiterated    that   the    Alaska   Constitution    requires                                                                   
transactional immunity.                                                                                                         
                                                                                                                                
Ms. Wilson  pointed out  that the  Senate version  identifies                                                                   
compliance and stops  at the findings by the  judge regarding                                                                   
a valid  claim.  Subsection I,  Section 21, shall  advise the                                                                   
prosecution of  that finding.   That area was debated  in the                                                                   
Senate  Judiciary Committee  and that  the provisions  in the                                                                   
House version would  make it unconstitutional.   In the House                                                                   
version,  Section 21,  Page 11,  the judge  would share  some                                                                   
information with the special District  Attorney (DA) assigned                                                                   
to  make the  decision  regarding  whether to  grant  witness                                                                   
immunity.   The  judge  would reveal  to  the prosecutor  the                                                                   
level  of the  felony.   Unfortunately,  sharing  information                                                                   
with any prosecutor  defeats the right  of self-incrimination                                                                   
and would  make the  bill unconstitutional.   She urged  that                                                                   
the Committee leave the Senate  version in its current state.                                                                   
                                                                                                                                
Ms. Wilson  identified Section  13 in SB  170.  She  believed                                                                   
that HB 244 was  more refined in that section.   She spoke to                                                                   
Section 9  in HB  244, regarding  the felony murder  offense.                                                                   
If a person is charged with a  felony, then that person could                                                                   
                   nd                                                                                                           
be  charged with  2  degree  murder.   In current  law, if  a                                                                   
participant in the  crime is killed, the other  person cannot                                                                   
be fined  or charged with their  death.  That portion  of the                                                                   
bill seeks  in include  a participant's death.   There  is an                                                                   
exception  in  the  house bill  that  removes  that  exposure                                                                   
except when the  killing is of a participant and  is a direct                                                                   
result of a felony criminal crime  by a non-participant.  The                                                                   
non-participant would  have to do something  very significant                                                                   
for it to  be an exception in  the bill.  She  suggested that                                                                   
language  could be  a refinement  and that  HB 244 offered  a                                                                   
better version to that section.                                                                                                 
                                                                                                                                
Ms.  Wilson   addressed  felonies   and  the  Driving   While                                                                   
Intoxicated  (DWI) provisions.    The language  of the  house                                                                   
bill  is   preferred,  as  it   is  narrower   regarding  the                                                                   
challenging evidence.  Section  27 of both bills, would allow                                                                   
evidence  of alcohol  consumption before  and after  driving.                                                                   
Taking a breath test hours after  the driving does not always                                                                   
reflect what  the blood alcohol  level is during the  time of                                                                   
operating the vehicle.   HB 244 allows the person  to raise a                                                                   
valid defense for a breath test.                                                                                                
                                                                                                                                
Ms.  Wilson  pointed  out  that  Ms.  Parks  had  touched  on                                                                   
elements  of SB 170  regarding overlapping  and  local option                                                                   
areas, which  is an improvement.  Ms. Wilson  reiterated that                                                                   
the   Public  Defender   does   agree   with  some   proposed                                                                   
amendments:                                                                                                                     
                                                                                                                                
   ·    The assault of the third degree;                                                                                        
   ·    Requiring a court to make findings for release on                                                                       
        bail;                                                                                                                   
   ·    In a felony DWI, refusal situation, limiting a look                                                                     
        back to 20-years for a subsequent felony;                                                                               
   ·    Regarding the local option provision, an "opting                                                                        
        out" by local option, and                                                                                               
   ·    Does not make it a felony to furnish alcohol to a                                                                       
        minor.  Ms. Wilson concluded her testimony.                                                                             
                                                                                                                                
Co-Chair  Williams  stated  that  SB  170 would  be  HELD  in                                                                   
Committee for further consideration.                                                                                            
                                                                                                                                
HOUSE BILL NO. 561                                                                                                            
                                                                                                                                
     An  Act providing for  and relating  to the  issuance of                                                                   
     general  obligation bonds in  a principal amount  of not                                                                   
     more than $1,000,000  for the purpose of paying the cost                                                                   
     of state  transportation projects; and  providing for an                                                                   
     effective date.                                                                                                            
                                                                                                                                
JAMES   ARMSTRONG,  STAFF,   REPRESENTATIVE  BILL   WILLIAMS,                                                                   
addressed Amendment 1.  (Copy  on File).  The amendment would                                                                   
authorize $90.18 million  dollars of State general obligation                                                                   
bond  (G.O.) dollars for  transportation projects  statewide.                                                                   
He provided project details:                                                                                                    
                                                                                                                                
Federal Earmark Match                          $15,000,000                                                                      
Anchorage - Abbott Loop Road Upgrade           $15,000,000                                                                      
Anchorage - Lake Otis & Tudor  Intersection    $ 8,500,000                                                                      
Chugiak Birchwood Eagle River  Road Service    $   700,000                                                                      
Glenn Highway Lighting                         $   330,000                                                                      
Mat-Su - Bogard Road Extension East            $ 6,600,000                                                                      
Mat-Su - Trunk Road Hospital Access            $ 1,000,000                                                                      
Kenai - Sterling Hwy Kasilof River Area        $ 4,000,000                                                                      
Kenai - Kenai Borough Road Improvements        $ 2,000,000                                                                      
Kenai - City of Kenai Road Improvements        $ 1,000,000                                                                      
Fairbanks - Steese Corridor Safety             $ 7,500,000                                                                      
Fairbanks - Cowles Road Upgrade                $ 1,200,000                                                                      
Sitka - Old Thomsen Harbor renovation          $ 2,500,000                                                                      
Juneau - Areawide Transportation  Improvements $ 2,300,000                                                                      
Ketchikan - Thomas Basin Harbor, Ryus Float, Bar Harbor                                                                         
North, Hole-in-the-Wall Harbor, Kundson Cove Harbor                                                                             
renovations                                    $ 2,650,000                                                                      
Ketchikan Gateway Borough                      $   500,000                                                                      
City of Ketchikan - Road Improvements          $   500,000                                                                      
Kodiak - Airport Terminal Renovation           $ 1,000,000                                                                      
Port Lions - Public Dock Replacement           $   500,000                                                                      
Nome - City Streets Improvements               $ 1,650,000                                                                      
Kotzebue Area wide Road Maintenance            $ 1,400,000                                                                      
Petersburg - Middle Harbor Renovation          $ 1,200,000                                                                      
Wrangell - Heritage Harbor Renovation          $ 1,400,000                                                                      
Valdez - Harbor Deferred Maintenance           $ 1,000,000                                                                      
Homer - Deep Water Dock Corrison               $   450,000                                                                      
Chignik - Public Dock Project                  $ 1,000,000                                                                      
Adak - Small Boat Harbor Expansion             $ 3,000,000                                                                      
Skagway - Harbor Deferred Maintenance          $ 1,300,000                                                                      
Whittier - Harbor Renovation                   $ 1,500,000                                                                      
Statewide Harbor Deferred Maintenance          $ 3,500,000                                                                      
                                                                                                                                
Co-Chair Williams MOVED to ADOPT Amendment 1.                                                                                   
                                                                                                                                
Representative Stoltze  noted a spelling and  syntax error in                                                                   
a project listed in his area.                                                                                                   
                                                                                                                                
Vice Chair  Meyer OBJECTED  to the  amendment.  He  mentioned                                                                   
the earlier list  indicating the road bonds  Anchorage needs.                                                                   
He  voiced his  concern for  the  lost federal  match in  the                                                                   
amount  of $15  million  dollars.   He  asked which  projects                                                                   
those funds  were earmarked for.   Mr. Armstrong  recommended                                                                   
consulting   with   the   Commissioner   of   Department   of                                                                   
Transportation & Public Facilities  regarding those concerns.                                                                   
Vice Chair Meyer WITHDREW his OBJECTION.                                                                                        
                                                                                                                                
Co-Chair Williams  interjected that the information  would be                                                                   
distributed  to Committee  members.   There being NO  further                                                                   
OBJECTION, Amendment 1 was adopted.                                                                                             
                                                                                                                                
Representative Foster MOVED to  report CS HB 561 (FIN) out of                                                                   
Committee  with  individual  recommendations   and  with  the                                                                   
accompanying fiscal  note.  There being NO  OBJECTION, it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
CS HB  561 (FIN)  was reported  out of  Committee with  a "do                                                                   
pass"  recommendation  and with  a  new  fiscal note  by  the                                                                   
Department of Revenue.                                                                                                          
                                                                                                                                
CS FOR SENATE BILL NO. 170(JUD)                                                                                               
                                                                                                                                
     An  Act relating  to murder  in the  second degree,  the                                                                   
     justification  of defense  of self  or others,  immunity                                                                   
     from prosecution,  sentencing, probation,  discretionary                                                                   
     parole,  and  the  right to  representation  in  certain                                                                   
     criminal  proceedings;   relating  to  violation   of  a                                                                   
     custodian's duty;  relating to sexual abuse  of a minor;                                                                   
     relating  to release of  information concerning  certain                                                                   
     cases  involving  a  minor; relating  to  local  options                                                                   
     regarding   alcoholic   beverages,    the   offense   of                                                                   
     furnishing  or  delivery  of  alcoholic beverages  to  a                                                                   
     person  under  21  years   of  age,  and  forfeiture  of                                                                   
     property  used in,  and money  or other  items  of value                                                                   
     used in  financial transactions derived  from, violation                                                                   
     of  certain   laws  relating  to   alcoholic  beverages;                                                                   
     relating to assault  by means of a dangerous instrument;                                                                   
     relating  to  operating  or  driving  a  motor  vehicle,                                                                   
     aircraft, or watercraft  while under the influence of an                                                                   
     alcoholic  beverage, inhalant, or  controlled substance,                                                                   
     to the refusal to submit  to a chemical test, and to the                                                                   
     presumptions concerning  the chemical analysis of breath                                                                   
     or blood; and providing for an effective date.                                                                             
                                                                                                                                
Co-Chair Williams stated that Representative Samuels asked                                                                      
to be included in further discussions on SB 170.                                                                                
                                                                                                                                
Co-Chair Williams noted that SB 170 would be HELD in                                                                            
Committee for further consideration.                                                                                            
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
The meeting was adjourned at 10:04 A.M.                                                                                         
                                                                                                                                
                                                                                                                                

Document Name Date/Time Subjects