Legislature(2005 - 2006)HOUSE FINANCE 519
04/25/2006 01:30 PM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| SB250 | |
| SB20 | |
| HB386 | |
| SB261 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 386 | TELECONFERENCED | |
| + | SB 250 | TELECONFERENCED | |
| + | SB 20 | TELECONFERENCED | |
| + | SB 261 | TELECONFERENCED | |
| + | TELECONFERENCED |
HOUSE FINANCE COMMITTEE
April 25, 2006
1:49 P.M.
CALL TO ORDER
Co-Chair Meyer called the House Finance Committee meeting to
order at 1:49:43 PM.
MEMBERS PRESENT
Representative Mike Chenault, Co-Chair
Representative Kevin Meyer, Co-Chair
Representative Bill Stoltze, Vice-Chair
Representative Richard Foster
Representative Mike Hawker
Representative Jim Holm
Representative Reggie Joule
Representative Mike Kelly
Representative Beth Kerttula
Representative Carl Moses
Representative Bruce Weyhrauch
MEMBERS ABSENT
None
ALSO PRESENT
Representative Vic Kohring; Senator Fred Dyson; Wes Keller,
Staff, Senator Fred Dyson; Beverly Smith, Alaska Christian
Science Committee on Publications; Clover Simon, CEO-Planned
Parenthood of Alaska, Anchorage; Kari Robinson, Attorney-
Alaska Network on Domestic Violence and Sexual Assault; Anne
Carpeneti, Assistant Attorney General, Legal Services
Section-Juneau, Criminal Division, Department of Law; Mark
Hanley, Manager, Public Affairs, Anadarko-Alaska; Mary
Siroky, Special Assistant, Department of Transportation &
Public Facilities
PRESENT VIA TELECONFERENCE
Lisa Stone, Executive Director, Northwest Women's Law
Center, Seattle, Washington; Bill Van Dyke, Director,
Division of Oil and Gas, Department of Natural Resources,
Anchorage; Tiloma Jayasing, Staff Attorney for the National
Advocates for Pregnant Women, Anchorage; Josh Fink, Public
Advocate, Office of Public Advocacy, Anchorage; Lieutenant
James Helgoe, Legislative Liaison, Department of Public
Safety, Anchorage; Joelle Hall, Anchorage; Randy Magen,
President, National Association of Social Workers,
Anchorage; Anne Smith, Anchorage; Allison Gottesman, Co-
Chair, Social Workers, Social Action Committee, Kenai;
Debbie Joslin; Michael MacLeod-Ball, Executive Director,
American Civil Liberties Union (ACLUA) of Alaska, Anchorage;
Theda Pittman, Anchorage; Connie Rudnick, Professor,
Massachusetts School of Law, Andover, Massachusetts;
Christine Pate, Alaska Network on Violence and Sexual
Assault, Anchorage; Brenda Stanfill, Interior Center for Non
Violent Living, Fairbanks; Judy Crodell, AWAIC Shelter,
Anchorage; Troy Maulden, MatSu; Richard Tremane, Department
of Revenue, Anchorage; John MacKinnon, Deputy Director,
Department of Transportation and Public Facilities; Robin
Smith, Anchorage; Bonnie Jack, Anchorage; Sherry Goll,
Haines; Karen Lewis, Executive Director, Alaska Right to
Life, MatSu; Michelle Dewitt, Executive Director, Tundra
Women's Coalition, Bethel; Meghan Gangham, Tundra Women's
Coalition, Bethel
SUMMARY
HB 386 An Act making uniform throughout the state the
deadline for certain exploration expenditures used
as credits against the production tax on oil and
gas produced from a lease or property in the state
by extending to July 1, 2010, the deadline for
those expenditures on leases or properties located
north of 68 degrees, 15 minutes, North latitude.
HB 386 was HEARD and HELD in Committee.
CS SB 20(2d JUD)
An Act relating to offenses against unborn
children.
HCS CS SB 20 (FIN) was reported out of Committee
with "individual" recommendations and with new
zero note by the Department of Public Safety, zero
note #4 by the Department of Corrections, zero
note #5 by the Alaska Court System, zero note #5
by the Department of Public Safety and
indeterminate notes #7 & #8 by the Department of
Administration.
SB 250 An Act extending the termination date of the
Council on Domestic Violence and Sexual Assault;
and eliminating statutory references to the
network on domestic violence and sexual assault.
SB 250 was SCHEDULED but not HEARD.
CS SB 261(FIN)
An Act relating to the designation of traffic
safety corridors; relating to the bail or fine for
an offense committed in a traffic safety corridor
and to separately accounting for such fines; and
providing for an effective date.
HCS CS SB 261 (JUD) was reported out of Committee
with a "do" recommendation and with fiscal note #1
by the Department of Transportation & Public
Facilities, zero note #2 by the Department of
Public Safety and zero note #3 Alaska Court System
and new indeterminate note by the House Finance
Committee.
1:50:32 PM
CS FOR SENATE BILL NO. 20(2d JUD)
An Act relating to offenses against unborn children.
SENATOR FRED DYSON, SPONSOR, stated that several high
profile cases from across the Nation have highlighted the
need for laws protecting unborn victims of criminal
violence. Currently, thirty states provide some degree of
protection for unborn victims of violence. Many legal
challenges have been brought against unborn victim laws,
based on Roe versus Wade and other arguments, but state and
federal courts have rejected all those challenges.
SB 20 amends the Alaska Criminal Code to afford protection
to an unborn child at a level that is reasonably equivalent
to protection afforded to live born persons in comparable
circumstances. Nothing in law shall apply to legal abortion
or to usual and customary medical practices related to
pregnancy. The bill also defines "unborn child" within
criminal statues.
Senator Dyson continued in 2004, U.S. Congress passed the
Unborn Victims of Violence Act and President Bush signed
that bill into federal law. The law recognizes that when a
person attacks a pregnant woman and injures or kills the
unborn, the attacker has harmed two victims. It was
narrowly drafted and only applies when death or injury of an
unborn child is the result of a federal crime. The federal
act does not supersede State unborn victim laws, nor does it
impose such a state law on a state, like Alaska that has not
yet acted. Thirty-two states currently have legislation
protecting unborn children.
Senator Dyson said that pregnant women who have been harmed
by violence, and their families, know that there are two
victims, the mother and the unborn child, and that both
victims should be protected by law. Pregnant women are
already protected by the Alaska Criminal Code. SB 20
affords similar protection to unborn victims.
Senator Dyson pointed out that the bill had been restored to
the original House Judiciary Committee version.
2:01:23 PM
Co-Chair Meyer inquired if Senator Dyson had seen the
amendments. Senator Dyson replied he was only aware of the
amendment brought forward by Representative Kelly. Co-Chair
Meyer pointed out two other amendments proposed by
Representative Kerttula; Representative Weyhrauch added
changes proposed by the Christian Science fellowship.
2:02:32 PM
BEVERLY SMITH, ALASKA CHRISTIAN SCIENCE COMMITTEE ON
PUBLICATIONS FOR ALASKA, stated that her role was to monitor
legislation in order that Alaskans are offered the option to
pursue spiritual means for the prevention and cure of
disease. She stated that the Christian Science Committee
proposes two amendments to SB 20.
1. Proposed Section 11.41.180 on Page 3 and proposed
Section 11.41.289 on Page 4 have to do with
conditions under, which the previously stated
sections for murder & assault of the unborn child do
not apply. The Christian Science Committee would
like reliance on spiritual treatment by an
accredited Christian Science practitioner to be
included in the conditions. Customary medical care
is included and there should be an accommodation for
spiritual treatment as there is in several other
Alaska Statutes and in 45 states statutes.
2. For over a century, many parents have successfully
relied on Christian Science treatment and healing
for the health & well being of themselves and their
children. It has proved to be a reliable &
effective means for preventing and curing disease &
Alaskans should be given the option to continue such
practices.
2:07:14 PM
CLOVER SIMON, CEO-PLANNED PARENTHOOD OF ALASKA, ANCHORAGE,
stated that Planned Parenthood supports the "intent" of SB
20, regarding violence against women who are pregnant, which
results in the loss of a wanted pregnancy. That is the
reason why Planned Parenthood continues to work for an
"Enhanced Penalty" solution in the bill.
Ms. Simon claimed that SB 20 is the first step toward
eroding a women's reproductive rights & choices. SB 20 lays
a foundation by giving separate and equal rights to embryos
and fetuses. If enacted, SB 20 would be the first Alaskan
law to recognize an embryo as a fetus that could be a
person, experiencing a crime independently. That intent
will erode a woman's right to choose. She urged that
members look at a solution of enhanced penalties in order to
add a measure of protection for a woman and a measure of
punishment for the abuser.
2:09:03 PM
Representative Kerttula inquired if similar concerns had
been noted in other states. Ms. Simon understood that in
some places, women were being prosecuted, when considering
"child protection".
2:10:00 PM
KARI ROBINSON, ATTORNEY-ALASKA NETWORK ON DOMESTIC VIOLENCE
AND SEXUAL ASSAULT (ANDVSA), testified against SB 20. She
noted concern with the unintended consequences of the bill.
Women have been charged with crimes in states with similar
legislation. Additionally, women could die if they do not
receive prompt medical care after injuries when pregnant or
miscarrying. If SB 20 is passed, a women might be less
likely to seek protection. She urged that the focus be put
back on the woman, keeping her safe, which keeps the fetus
safe. Ms. Robinson encouraged consideration of enhanced
penalties and/or insurance aggregators. She urged that the
legislation be tabled in House Finance Committee.
2:11:49 PM
Representative Weyhrauch asked which provision of the bill
addressed unintended consequences for a women experiencing
domestic violence and sexual assault. Ms. Robinson
explained that the concern rests in the reality that women
fear their abusers would be charged with murder or homicide.
Women struggle with many issues and at times might avoid
medical care rather than entering into an unsympathetic
system. Most women would like to see the focus be on
enhanced penalties with the possibility of the abuser being
charged with homicide.
Representative Kerttula asked why that was the reaction, as
seems the "opposite" would be true. Ms. Robinson replied
that anyone in a situation of abuse while pregnant is
accompanied by fear and stigma being a victim of domestic
violence. It takes a great deal of courage to seek services
during pregnancy. The concern is that the bill would deter
women seeking help from abuse.
2:14:32 PM
JOELLE HALL, (TESTIFIED VIA TELECONFERENCE), ANCHORAGE,
echoed the comments voiced in opposition to SB 20 made by
Ms. Simon. Ms. Hall read a statement written by a woman
named Cornelia from South Carolina, who was convicted of
prenatal child abuse.
Ms. Hall stressed that SB 20 is a dangerous direction for
Alaska to move. She urged consideration of other options.
2:18:03 PM
RANDY MAGEN, (TESTIFIED VIA TELECONFERENCE), PRESIDENT,
ALASKA CHAPTER OF THE NATIONAL ASSOCIATION OF SOCIAL
WORKERS, ANCHORAGE, disagreed with Senator Dyson that the
problems of the bill had been "fixed"; the bill will create
more harm to women and children. The unintended
consequences of the bill will be worse than the cure.
Mr. Magen urged that the focus turn to enhanced penalties.
There are definitional problems in the bill where it applies
to an unborn child at any stage of development. The bill
sends the message to pregnant women that they are totally
responsible for the health of their unborn children. He
pointed out that miscarriages and stillborn births are not
preventable and urged that the attackers be the focus.
2:19:59 PM
ANNE SMITH, (TESTIFIED VIA TELECONFERENCE), ANCHORAGE,
voiced concern with SB 20 and the method being proposed for
pregnancy abuse. She claimed the need for a bill, which
punishes the offender, using the enhanced penalty approach,
an approach, which results in the same or longer prison
sentences for the perpetrators.
2:20:56 PM
ALLISON GOTTESMAN, (TESTIFIED VIA TELECONFERENCE), CO-CHAIR,
NATIONAL ASSOCIATION OF SOCIAL WORKERS, SOCIAL ACTION
COMMITTEE, KENAI, testified in opposition to SB 20. She
provided statistics of Alaskan teenage mothers, who have
reported pregnancy abuse. Abused women are twice as likely
to wait until the third trimester before beginning prenatal
care. Murder is the number one cause of death to pregnant
women. Ms. Gottesman urged consideration of enhanced
penalties.
2:23:05 PM
In response to a question by Representative Weyhrauch, Ms.
Gottesman explained that if a batterer knew that they could
be prosecuted, they might attempt to keep their victim from
seeking medical care. Representative Weyhrauch thought then
that person then would be guilty of a more heinous crime.
2:24:17 PM
LISA STONE, (TESTIFIED VIA TELECONFERENCE), EXECUTIVE
DIRECTOR, NORTHWEST WOMEN'S LAW CENTER, SEATTLE, WASHINGTON,
spoke strongly against the proposed legislation.
Ms. Stone stated that the bill undermines a woman's right to
choose and is not intended to protect pregnant women. The
bill undermines that right by distinguishing the fetus as a
separate crime victim. By doing that, the law redefines the
fetus at any stage of viability as a person.
She commented that personal beliefs about when life begins
should be addressed in private debate. The law is clear -
the fetus is not a separate entity. A law that undermines
abortion rights, hurts more than it helps women. That is
why the law center supports the enhanced penalty approach.
Such actions change the law, so that people who commit
violent assaults or homicide against pregnant women, face
heightened penalties and enhanced sentences for their
crimes.
2:27:03 PM
TROY MAULDEN, (TESTIFIED VIA TELECONFERENCE), MATSU, voiced
support for SB 20 and urged passage of the bill. The bill
recognizes the unborn child as a victim, which has nothing
to do with abortion. The legislation is about the intent to
harm a fetus and not being punished for it. He recommended
responsible legislation for putting away people who commit
crimes against unborn children. He pointed out that the
Republican Party's platform establishes that "life shall be
defended".
2:28:54 PM
JUDY CRODELL, (TESTIFIED VIA TELECONFERENCE), EXECUTIVE
DIRECTOR, AWAIC SHELTER, ANCHORAGE, noted that AWAIC is the
State's largest shelter service provider in the State with a
total of 80 beds. She noted support for enhanced penalties
for assault to women. Ms. Crodell shared concerns with the
unintended consequences of the legislation. She strongly
encouraged that the bill be tabled until a compromise
measure could be made.
2:30:05 PM
DEBBIE JOSLIN, (TESTIFIED VIA TELECONFERENCE), EAGLE FORM
ALASKA, voiced support for SB 20, which meets the objective
of supporting the unborn rights of babies. Failing to
protect the unborn child is a failure to protect women as
well. The two are so close that they can appear as one to
the perpetrator. To fail to pass the bill would be to fail
to condem violence against the smallest and weakest among
us, sending a message that the State of Alaska does not
value life.
2:32:32 PM
MICHAEL MACLEOD-BALL, EXECUTIVE DIRECTOR, AMERICAN CIVIL
LIBERTIES UNION (ACLUA) OF ALASKA, ANCHORAGE, spoke in
opposition to SB 20. The ACLU supports efforts against acts
of violence that harm or terminate a wanted pregnancy. The
proposed legislation diminishes a woman by separating the
fetus from the woman in the eyes of the law.
Mr. MacLeod-Ball spoke in support of alternative approaches
including enhanced penalties. According to the Bureau of
Justice statistics, 1/3 of all murder victims are killed by
their partners. The intent of the perpetrator is to harm
the woman, not the fetus; there is no evidence to indicate
the proposed legislation would protect the fetus. To
address the problem, it needs to be addressed ahead of time.
SB 20 does not do that but instead shifts society's focus
away from the intended victim to the fetus.
Mr. MacLeod-Ball pointed out that North Carolina has adopted
enhanced punishment legislation. The ACLU supports properly
crafted legislation; SB 20 ignores the unity between the
pregnant woman and the fetus she carries. Penalty
enhancements appropriately punish the behavior. In
conclusion, from a point mentioned by a pervious speaker,
"AS 11.41.180 - the exceptions for an act a pregnant woman
commits against herself, specifically, only deals with acts
of commission, not providing an exception for acts of
omission." He recommended that language be corrected by the
Committee.
2:36:25 PM
THEDA PITTMAN, (TESTIFIED VIA TELECONFERENCE), ANCHORAGE,
recommended that legislation be reviewed for practicality.
She stated that the bill must be mindful of unintended
consequences. She thought that because there is no
distinction between a fertilized egg and a viable fetus,
makes the implementation impossible in the real world. In
the early stages of pregnancy, the State should not adopt
criminal law. The legislation asks the criminal justice
system to make an impossible differentiation. Ms. Pittman
urged that the bill not be moved from Committee.
2:38:25 PM
ROBIN SMITH, (TESTIFIED VIA TELECONFERENCE), ANCHORAGE,
spoke in opposition to the bill. She stated that the bill
does not protect women, but rather undermines abortion
rights. Ms. Smith pointed out the number of bills presented
by Senator Dyson to restrict abortion and urged that the
Committee not pass SB 20 out.
2:39:47 PM
BONNIE JACK, (TESTIFIED VIA TELECONFERENCE), ANCHORAGE,
testified in opposition to the bill and referred to a letter
that she had sent to legislators. She thanked
Representative Hawker for his quick response. Legislators
should look at the "big picture", noting enhanced penalties
adequately address the measure. Ms. Jack urged that the
bill not pass from Committee.
2:41:10 PM
TILOMA JAYSING, (TESTIFIED VIA TELECONFERENCE), STAFF
ATTORNEY FOR THE NATIONAL ADVOCATES FOR PREGNANT WOMEN,
ANCHORAGE, testified that her organization is devoted to
protecting the rights of pregnant women and families.
She addressed two points:
· The exception language in Section 11.41.180 & 289,
disrespects women and mothers. The language indicates
it would apply to acts committed by a pregnant woman
against herself or unborn child. The language creates
a conflict between a mother and the fetus. Even with
the exemption, the bill will be used against women.
· Urged that enhanced penalties be adopted instead. The
way a fetus is harmed is when the pregnant woman is
harmed and should be recognized as that.
2:44:27 PM
CONNIE RUDNICK, (TESTIFIED VIA TELECONFERENCE), PROFESSOR OF
CONSTITUTIONAL LAW, MASSACHUSETTS SCHOOL OF LAW, ANDOVER,
MASSACHUSETTS, referenced a letter sent to Alaskan
legislators, which sets forth the position that the Unborn
Victims of Violence Act being considered, is the first step
with the sponsor's goal, to undermine Roe versus Wade. She
pointed out such advocates are generally "anti-choice" and
maintained that was the intent of SB 20.
Ms. Rudnick referred to Senator Dyson's argument that the
unborn child had not been defined as a person in the
legislation and stated that once the child becomes a victim
of a murder, it becomes the established identity as a
person. She noted the various stages of pregnancy, prior to
when a fetus becomes viable. The legislation would not
differentiate between a group of cells and a living human
being. She emphasized the legislation is intended to
address reproductive situations.
2:48:08 PM
CHRISTINE PATE, (TESTIFIED VIA TELECONFERENCE), ATTORNEY,
ALASKA NETWORK ON VIOLENCE AND SEXUAL ASSAULT, ANCHORAGE,
stressed that the version before the Committee contains many
concerns for the victims of domestic violence. The main
concern is that they would be less likely to seek medical or
police intervention because of the fear that their partners
might face long prison terms. She pointed out that some
fathers are the sole breadwinners in a family and that
domestic violence can result in miscarriages and could lead
to up to a five-year sentence. In such cases, women might
not seek help. Domestic violence perpetrators need to be
held accountable and victim's protected; a system of
enhanced penalties could better accomplish that goal.
2:50:41 PM
BRENDA STANFILL, (TESTIFIED VIA TELECONFERENCE), INTERIOR
CENTER FOR NON VIOLENT LIVING, FAIRBANKS, reiterated that
there are unintended consequences of the bill to victims of
domestic violence. She noted Senator Dyson's question
regarding "who is worthy of protection". She said women
need to be protected first; she urged a focus on enhanced
penalties. She recommended the need to hold perpetrators
accountable to protect women instead of passing such a
controversial bill. Ms. Stanfill stated she does not
support the bill in its current form.
2:52:28 PM
SHERRY GOLL, (TESTIFIED VIA TELECONFERENCE), HAINES,
emphasized that the bill is not about protecting women, but
rather about changing the definition of a "person" in
statute. To use an unclear term such as "unborn child"
clouds all statutes. If the sponsor was interested in
protecting women, he would protect women suffering from
domestic violence. Senator Dyson chose to eliminate $500
thousand dollars from domestic violent services.
Ms. Goll reiterated that she does not support the bill. It
is a bad bill and urged that it not be passed from
Committee.
2:54:03 PM
KAREN LEWIS, (TESTIFIED VIA TELECONFERENCE), EXECUTIVE
DIRECTOR, ALASKA RIGHT TO LIFE, MATSU, proposed that the
bill was not about violence against women, but rather
against unborn children. She referred to the bill signed
into law by President Bush. The legislation recognizes that
when a criminal attack is made against a pregnant women, two
lives have been claimed. Ms. Lewis noted that fetal
homicide laws do not conflict with the Supreme Court's pro-
abortion decrees. She discussed various definitions of a
human being as they pertain to a child in uterus. She urged
amending certain statutes.
Ms. Lewis referred to a poll taken by Fox news, July 2003,
regarding physical attack on a pregnant woman leading to the
death of the child. Pro-abortion groups have vehemently
attached unborn victim legislation and she asked that no
amendments be attached to Senator Dyson's bill. She
acknowledged support for the legislation.
2:59:09 PM
MICHELLE DEWITT, (TESTIFIED VIA TELECONFERENCE), EXECUTIVE
DIRECTOR, TUNDRA WOMEN'S COALITION, BETHEL, recommended that
the concerns be handled through legislation that addresses
aggravators and urged that substitution be added. The bill
is not appropriate in addressing family violence. She
expressed discomfort with the language of the bill. In
discussions with women in shelters, they unanimously are not
comfortable with the language in SB 20. She recommended
substituting language that addresses the aggravators when
pregnancy is terminated during an assault.
3:00:49 PM
MEGHAN GANGHAM, (TESTIFIED VIA TELECONFERENCE), TUNDRA
WOMEN'S COALITION, BETHEL, echoed comments made by Ms.
Dewitt. She noted concern with the language of the bill and
its affect on women who are victims of domestic violence.
She strongly urged that the Committee consider penalties
against aggravators and rather than the proposed bill.
3:02:03 PM
PUBLIC TESTIMONY CLOSED
Representative Kerttula referred to public testimony
discussion regarding increased penalties; she asked about
considerations in current law regarding harm to a pregnant
woman.
ANNE CARPENETI, ASSISTANT ATTORNEY GENERAL, LEGAL SERVICES
SECTION-JUNEAU, CRIMINAL DIVISION, DEPARTMENT OF LAW,
responded that an unlawful termination of pregnancy is
considered and defined as a "serious physical injury".
Representative Kerttula asked if assault & reckless
endangerment had been taken into account. Representative
Kerttula inquired if there are aggravators, would a sentence
be "bumped up" because of pregnancy. Ms. Carpeneti pointed
out that although the charge would not be changed if there
was a pregnancy and then unlawfully terminated through
serious injury, however, the assault charge would be more
serious as a result.
3:04:38 PM
JOSH FINK, (TESTIFIED VIA TELECONFERENCE), PUBLIC ADVOCATE,
OFFICE OF PUBLIC ADVOCACY, ANCHORAGE, testified regarding
the indeterminate fiscal note. He pointed out that the bill
creates new crimes, which have previously not existed. It
is difficult to determine actual costs, but he thought they
could be absorbed.
Co-Chair Meyer referred to the new, zero fiscal note by the
Department of Public Safety.
Representative Kelly MOVED to ADOPT Amendment #1.
Representative Kerttula OBJECTED.
WES KELLER, STAFF, SENATOR FRED DYSON, explained that the
issue being addressed is the scope on Page 1, Lines 7 & 8,
deleting "Constitution of the United States and the
Constitution of the State of Alaska" and inserting "United
States Supreme Court".
3:07:56 PM
Mr. Keller proposed that the rights assured in Roe v. Wade
were not affected by the proposed bill; he noted that
Senator Dyson supports the amendment.
Vice Chair Stoltze observed that the amendment was meant to
frame the Roe v. Wade as a court decision and not a
constitutional right.
Representative Kerttula maintained her objection, pointing
out that the amendment goes against what the Sponsor stated
was the intent of the bill.
3:09:55 PM
Representative Kelly thought that it would be "technically
correct to state the genesis of coming from" the Supreme
Court decision. He noted that Senator Dyson had requested
the amendment.
A roll call vote was taken on the motion.
IN FAVOR: Stoltze, Foster, Holm, Kelly, Chenault, Meyer
OPPOSED: Weyhrauch, Hawker, Joule, Kerttula, Moses
The MOTION PASSED (6-5).
3:12:19 PM
Representative Kerttula MOVED Amendment #2, 24-LS0197\T.3,
Mischel, 4/24/06. Vice Chair Stoltze OBJECTED.
Representative Kerttula commented on the consequences of the
proposed legislation. Judges currently cannot consider if a
woman is pregnant or not when sentencing. She commended the
sponsor in acknowledging the serious nature of crimes
against pregnant women. She pointed out that Amendment #2
could provide the obvious compromise, allowing the bill to
move forward rather than creating serious issues. She
advised that the bill without the amendment would create
many legal challenges for the State of Alaska.
3:14:06 PM
Mr. Keller referred to the original draft of the bill, which
provides protection to unborn children. There was nothing
in the original intent that offered protection to pregnant
women; the sponsor simply wants to avoid that within the
scope of SB 20.
3:15:54 PM
Representative Weyhrauch referred to Page 7, regarding a
defendant convicted of an offense involving physical injury
to the woman. He observed that assurances are missing from
current Alaskan law in protecting women and asked if it
would be helpful to add them in.
Mr. Keller clarified that there are adequate laws in place
and that the sponsor choose not to address those in SB 20.
Senator Dyson noted he intended to offer other bills, which
will protect women. He recounted discussions with the legal
department, cautioning him against adding new crimes for a
separate victim. He proposed to review the inadequate
assault crimes, however, pointed out that the purpose of SB
20 creates a crime for a separate victim.
3:18:43 PM
Vice Chair Stoltze pointed out that the amendment would
affect the title and would require a title resolution.
Representative Kerttula confirmed.
3:19:32 PM
Senator Dyson commented that the amendment would profoundly
change the bill; he did not support it.
A roll call vote was taken on the motion.
IN FAVOR: Hawker, Joule, Kerttula, Moses
OPPOSED: Weyhrauch, Foster, Holm, Kelly, Stoltze,
Meyer, Chenault
The MOTION FAILED (4-7).
3:22:06 PM
Representative Kerttula MOVED Amendment #3, #24-LA0197\T.1,
Mischel, 4/24/06. Vice Chair Stoltze OBJECTED.
Representative Kerttula discussed the amendment, which would
provide a "sidebar" regarding when the crime was imposed.
Without that language, it could be assumed that it would be
at the time of fertilization, and that runs the risk of
creating an over-broad statute.
3:22:49 PM
Mr. Keller advised that the sponsor opposes the amendment
because it would be difficult to place a legal definition on
it. He mentioned surviving children born at 19-weeks. The
Legislature has the option of providing protection to
whoever is chosen.
3:23:53 PM
Representative Kelly expressed opposition to the amendment,
and his desire to protect all unborn & unprotected beings.
Representative Kerttula voiced respect for comments made by
Representative Kelly regarding protection of women in our
society. She pointed out, however, that in terms of
criminal law, it is tough to prove and the broad definition
runs afoul from constitutional requirements. She reiterated
that the amendment narrows the definition and that it would
add clarity to the legislation.
3:26:08 PM
Mr. Keller pointed out that the definition was identical to
that in the federal legislation.
A roll call vote was taken on the motion.
IN FAVOR: Joule, Kerttula, Moses, Weyhrauch
OPPOSED: Foster, Hawker, Holm, Kelly, Stoltze, Meyer,
Chenault
The MOTION PASSED (4-7).
3:27:13 PM
Representative Kerttula MOVED to TABLE the bill. Co-Chair
Meyer OBJEDCTED.
A roll call vote was taken on the motion.
IN FAVOR: Joule, Kerttula, Moses
OPPOSED: Hawker, Holm, Kelly, Stoltze, Weyhrauch,
Meyer, Chenault
The MOTION FAILED (3-8).
3:28:24 PM
Representative Foster MOVED to REPORT HCS CS SB 20 (FIN)
out of Committee with individual recommendations and with
the accompanying fiscal notes. Representative Kerttula
OBJECTED.
A roll call vote was taken on the motion.
IN FAVOR: Holm, Kelly, Stoltze, Weyhrauch, Foster,
Hawker, Meyer, Chenault
OPPOSED: Joule, Kerttula, Moses
The MOTION PASSED (8-3).
HCS CS SB 20 (FIN) was reported out of Committee with
"individual" recommendations and with new zero note by the
Department of Public Safety, zero note #4 by the Department
of Corrections, zero note #5 by the Alaska Court System,
zero note #5 by the Department of Public Safety and
indeterminate notes #7 & #8 by the Department of
Administration.
3:30:00 PM
HOUSE BILL NO. 386
An Act making uniform throughout the state the deadline
for certain exploration expenditures used as credits
against the production tax on oil and gas produced from
a lease or property in the state by extending to July
1, 2010, the deadline for those expenditures on leases
or properties located north of 68 degrees, 15 minutes,
North latitude.
REPRESENTATIVE VIC KOHRING, SPONSOR, explained that HB 386
provides a production tax credit for certain oil and gas
exploration expenses from a leasehold or property owned in
the State. It also establishes a deadline for using credits
from certain exploration expenditures against production tax
on oil and gas produced.
HB 386 would extend the exploration credit incentives to
2010 and encourages exploration in Alaska and in particular
the North Slope. HB 386 would make AS 43.55.025 uniform
throughout the State, allowing oil producers to credit
exploration expenditures against production tax on oil and
st
gas produced after July 1, 2004.
Representative Kohring noted that in order to qualify for
the production tax credit under existing statute,
exploration expenditures must be incurred on or after July
1, 2003 and before July 1, 2007. It has become apparent
that the July 1, 2007 deadline would arrive too soon for
some smaller independent oil companies that are now planning
their exploration dollars for the future. Given the
timetable, it is likely that exploration expenditures on
those leases would occur after July 1, 2007, in which case,
they could not be credited against future production taxes.
3:36:16 PM
Representative Weyhrauch asked if the legislation was
basically a "hold card" if the Petroleum Production Tax
(PPT) was not adopted. Representative Kohring said yes and
that the PPT would not entirely supercede HB 386. It could
provide an overlap; the portion not overlapped would be
extending the exploration incentive credit and allow the use
of property & income tax payments as credits to offset
expenses. Those are two major provisions that the Industry
would like to have.
Co-Chair Meyer indicated the intent to merge HB 386 with
PPT.
3:37:44 PM
Representative Kohring said he would be amenable to rolling
the bill into the PPT bill; however, requested that the bill
be moved out of the House Finance Committee as soon as
possible in the event that the provisions were not adopted.
Co-Chair Meyer reiterated that PPT would be discussed
tomorrow.
3:38:46 PM
MARK HANLEY, PUBLIC AFFAIRS MANAGER, ANADARKO-ALASKA, voiced
support for the legislation. He realized that portions were
included in both the Senate and House sections of the PPT
bill. HB 386 credits work and has had an impact on
exploration in Alaska; the tax credits have helped attract
partners. The tax credits are valuable in encouraging new
prospects.
3:40:16 PM
BILL VAN DYKE, (TESTIFIED VIA TELECONFERENCE), DIRECTOR,
DIVISION OF OIL AND GAS, DEPARTMENT OF NATURAL RESOURCES,
ANCHROAGE, testified in support of the bill, noting the
program has worked well. The legislation would be a good
investment for the State's future.
3:41:29 PM
RICHARD TREMANE, (TESTIFIED VIA TELECONFERENCE), DEPARTMENT
OF REVENUE, ANCHORAGE, pointed out the $15.7 million dollar
issued credits with an additional $20.6 million credit
dollars "in the wings". It is a program that is well used.
The referenced section is the extension and allows credits
to be used against other types of debt to the State.
3:43:35 PM
PUBLIC TESTIMONY CLOSED
3:43:42 PM
Co-Chair Chenault voiced support for HB 386. Representative
Foster noted that he had signed on as a co-sponsor.
HB 386 was HELD in Committee for further consideration.
3:44:36 PM
CS FOR SENATE BILL NO. 261(FIN)
An Act relating to the designation of traffic safety
corridors; relating to the bail or fine for an offense
committed in a traffic safety corridor and to
separately accounting for such fines; and providing for
an effective date.
MARY SIROKY, SPECIAL ASSISTANT, DEPARTMENT OF TRANSPORTATION
& PUBLIC FACILITIES, explained that the bill relates to bail
or fines for an offense committed in a traffic safety
corridor; it separately accounts for such fines.
The Alaska Supreme Court and each municipality would be
required to provide the scheduled amount of fine or bail for
a motor vehicle or traffic offense in a traffic safety
corridor and would be double the fine amount if the offense
had not been committed in that area.
Ms. Siroky pointed out that the bill also provides separate
accounting for fines collected for traffic safety corridor
offenses and for the 50% appropriation of collected fines to
the Department of Transportation & Public Facilities for
highway safety programs. SB 261 would have an immediate
effective date.
3:47:17 PM
Co-Chair Chenault asked if there would be a speed limit
change on the Sterling Highway realignment. Ms. Siroky
responded that safety zones do not always result in a speed
limit change but rather a double fine including more
patrolling of those areas.
3:48:30 PM
Representative Kerttula requested that one be put in place
on the North Douglas highway. Ms. Siroky explained that the
Department uses information from fatalities and traffic
accident rates for a three-year period average to make such
a determination.
Representative Holm asked why no fiscal note had been
included for the Department of Public Safety. He did not
understand how it could be patrolled without extra troopers.
3:49:38 PM
JOHN MACKINNON, (TESTIFIED VIA TELECONFERENCE), DEPUTY
DIRECTOR, DEPARTMENT OF TRANSPORTATION AND PUBLIC
FACILITIES, noted there are Safety Sanction Funds available,
to be used for additional enforcement. Those funds were
generated from seat belt & motorcycle monies that the
federal government withholds from construction programs for
use of safety programs.
3:50:15 PM
Representative Holm asked about the costs associated with
extra hired personnel. Mr. MacKinnon explained that
typically, the additional level of enforcement is handled
through overtime charges.
3:50:43 PM
Representative Weyhrauch pointed out that the House
Judiciary Committee version adds sign intervals of every
three miles rather than five and asked if that could add to
the expense. Mr. MacKinnon thought that the traffic manual
requires signs every five miles. The three-mile spacing
would only happen in the safety corridors.
3:51:38 PM
Co-Chair Chenault asked if there had been more fatalities
since the realignment of the roads. He noticed from the
backup that over half the deaths were related to alcohol or
drugs. Mr. MacKinnon acknowledged that some of the maps
indicate an accident increase after major reconstruction
projects. He did not relate that to driver's speed, rather
more likely due to volume on the road. The target of the
legislation is driver's behavior, with only a small
percentage of drivers causing most problems.
Co-Chair Chenault understood the intent was to find careless
drivers. Mr. MacKinnon agreed. In 2005, on the Seward
Highway from Anchorage to Seward, Troopers wrote a total of
722 citations; in 2006, from January through March only,
Troopers wrote 730 citations from the Girdwood Station
alone, a change due to increased enforcement. He stated it
is an effective tool.
3:54:07 PM
LIEUTENANT JAMES HELGOE, (TESTIFIED VIA TELECONFERENCE),
LEGISLATIVE LIAISON - ALASKA STATE TROOPERS, DEPARTMENT OF
PUBLIC SAFETY, ANCHORAGE, offered to answer questions of the
Committee.
3:54:43 PM
PUBLIC TESTIMONY CLOSED
3:54:54 PM
Vice Chair Stoltze noted the legislation seriously affects
his district and that he appreciates the intent.
3:55:42 PM
Co-Chair Meyer mentioned the fiscal notes and the Letter of
Intent.
Representative Weyhrauch interjected that the House Finance
Committee should not adopt the House Judiciary Letter of
Intent. Co-Chair Meyer agreed.
3:57:11 PM
Representative Foster MOVED to REPORT out of HCS CS SB 261
(JUD) out of Committee with individual recommendations and
with the accompanying fiscal notes. Representative Holm
OBJECTED.
Representative Holm thought that it would make more sense
for the Department of Transportation & Public Facilities to
lower the speed limit. Requiring a blanket "finding"
mechanism is not right. Fines do not necessarily translate
into better driving habits. He added, there are not enough
police to effect the bill.
Representative Holm WITHDREW his OBJECTION. There being NO
further OBJECTION, the bill moved from Committee.
HCS CS SB 261 (JUD) was reported out of Committee with a
"do" recommendation and with fiscal note #1 by the
Department of Transportation & Public Facilities, zero note
#2 by the Department of Public Safety and zero note #3
Alaska Court System and new indeterminate note by the House
Finance Committee.
3:59:43 PM
Co-Chair Chenault spoke to his intent in addressing the
Petroleum Production Tax (PPT) legislation during the next
few days.
ADJOURNMENT
The meeting was adjourned at 4:03 P.M.
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