Legislature(2007 - 2008)HOUSE FINANCE 519
04/13/2007 01:30 PM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB28 | |
| HB229 | |
| HB152 | |
| HB133 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 133 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 28 | TELECONFERENCED | |
| += | HB 229 | TELECONFERENCED | |
| += | HB 152 | TELECONFERENCED | |
HOUSE FINANCE COMMITTEE
April 13, 2007
1:46 p.m.
CALL TO ORDER
Co-Chair Meyer called the House Finance Committee meeting to
order at 1:46:12 PM.
MEMBERS PRESENT
Representative Kevin Meyer, Co-Chair
Representative Bill Stoltze, Vice-Chair
Representative Harry Crawford
Representative Les Gara
Representative Mike Hawker
Representative Mike Kelly
Representative Mary Nelson
Representative Bill Thomas, Jr.
MEMBERS ABSENT
Representative Mike Chenault, Co-Chair
Representative Richard Foster
Representative Reggie Joule
ALSO PRESENT
Representative Jay Ramras; Patrick Gamble, President & CEO,
Alaska Railroad Corporation; Lisa Parker, Corporate Affairs,
Agrium, Inc.; Charisse Millet, Staff, Speaker John Harris;
Kaci Schroeder-Hotch, Staff, Representative Thomas;
Representative Bob Buch; Rick Svobodny, Chief Assistant
Attorney General, Legal Services Section - Juneau, Criminal
Division, Department of Law; Dwayne Peeples, Deputy
Commissioner, Department of Corrections
PRESENT VIA TELECONFERENCE
Sarah Fisher-Goad, Deputy Director of Operations, Alaska
Energy Authority; Chris Rose, Executive Director, Renewable
Energy Alaska Project (REAP); Katherine Lamal, Vice
President of Power, Golden Valley Electric Association;
Connie Fredenberg, Community Development, Aleutian Pribilof
Islands ASS Association (APIA); Meera Kohler, President &
CEO, Alaska Village Electric Cooperative; Gwen Holdmann,
Vice President of Development, Chena Hot Springs Resort;
Gardner Cobb, Gang Unit, Anchorage Police Department
SUMMARY
HB 28 "An Act requiring retail suppliers of electricity
to disclose sources of electricity to consumers."
CSHB 28 (FIN) was REPORTED out of Committee with a
"no recommendation" and with fiscal note #1 by the
Department of Commerce, Community and Economic
Development.
HB 229 "An Act authorizing the Alaska Railroad
Corporation to participate in a project consisting
of the acquisition, construction, improvement,
maintenance, equipping, or operation of real and
personal property, including facilities and
equipment, for the Kenai gasification project,
authorizing the corporation to issue bonds to
finance all or a portion of the project, and
identifying these as bonds for an essential public
and governmental purpose; and providing for an
effective date."
HB 229 was REPORTED out of Committee with a "no
recommendation" and with a new fiscal note by the
Department of Commerce, Community and Economic
Development.
HB 152 "An Act establishing a renewable energy fund and
describing its uses and purposes."
CSHB 152 (FIN) was REPORTED out of Committee with
a "do pass" recommendation and with two new
indeterminate fiscal notes by the Department of
Commerce, Community and Economic Development.
HB 133 "An Act relating to requiring electronic
monitoring as a special condition of probation for
offenders whose offense was related to a criminal
street gang."
HB 133 was heard and HELD in Committee for further
consideration.
1:46:28 PM
HOUSE BILL NO. 28
"An Act requiring retail suppliers of electricity to
disclose sources of electricity to consumers."
REPRESENTATIVE JAY RAMRAS, sponsor, addressed concerns
raised by a drafting error. Amendment #2 will address a
concern about exempting small utilities and will delete
wording to correct a drafting error.
1:48:35 PM
Representative Gara MOVED to ADOPT Amendment #1:
Page 1, line 1, following "sources of electricity":
Insert "and emissions"
Page 1, line 13, following "sources":
Insert "and emissions"
Page 2, following line 5:
Insert a new bill section to read:
"* Sec. 3. AS 42.05.695, as enacted by sec. 2 of this
Act, is amended by adding a new subsection to read:
(c) The retail supplier shall disclose to the
consumer the supplier's best estimate of carbon dioxide
emissions per billion BTU or other unit of energy
output that is understandable by consumers."
Renumber the following bill sections accordingly.
Page 2, following line 29:
Insert a new bill section to read:
"*Sec. 7. Section 3 of this Act takes effect January 1,
2009."
Representative Gara explained that the amendment would
provide information to consumers about carbon dioxide
emissions. It would also delay the effective date for
Section 3 for another year.
Representative Ramras preferred the bill to stand as it is
without the amendment.
Representative Gara argued in support of the amendment.
1:51:29 PM
Representative Kelly spoke in support of the bill and
against the amendment.
Co-Chair Meyer MAINTAINED his OBJECTION.
A roll call vote was taken on the motion.
IN FAVOR: Gara
OPPOSED: Stoltze, Thomas, Hawker, Kelly, Meyer
Representatives Crawford, Foster, Joule, Nelson, and
Chenault were absent for the vote.
The MOTION FAILED (1-5).
Co-Chair Meyer MOVED to ADOPT Amendment #2:
Page 2, following line 5:
Insert a new subsection to read:
"(c) An electric utility that does not gross more
than $5,000,000 annually is exempt from the provisions
of this section."
Page 2, lines 21 - 25:
Delete all material.
Renumber the following bill section accordingly.
Representative Hawker OBJECTED.
Representative Ramras explained that this amendment
addresses a concern brought forth by Representative Hawker.
It exempts utilities that do not gross more than $5 million
a year.
Representative Kelly commented that rural power is the most
expensive power produced. He agreed to try the exemption.
Representative Hawker WITHDREW his objection. There being
NO OBJECTION, it was so ordered.
1:56:37 PM
Vice Chair Stoltze MOVED to REPORT CSHB 28 (FIN) out of
committee with individual recommendations and the
accompanying fiscal note. There being NO OBJECTION, it was
so ordered.
CSHB 28 (FIN) was REPORTED out of Committee with a "no
recommendation" and with fiscal note #1 by the Department of
Commerce, Community and Economic Development.
1:57:57 PM
HOUSE BILL NO. 229
"An Act authorizing the Alaska Railroad Corporation to
participate in a project consisting of the acquisition,
construction, improvement, maintenance, equipping, or
operation of real and personal property, including
facilities and equipment, for the Kenai gasification
project, authorizing the corporation to issue bonds to
finance all or a portion of the project, and
identifying these as bonds for an essential public and
governmental purpose; and providing for an effective
date."
DEVEN MITCHELL, EXECUTIVE DIRECTOR, ALASKA MUNICIPAL BOND
BANK AUTHORITY, DEPARTMENT OF REVENUE, offered to answer
questions.
Representative Hawker asked Mr. Mitchell if the legislation
causes any problems for the state.
Mr. Mitchell explained that it appears that a double benefit
will be gained by this legislation: developing use of a raw
resource with the coal and anchoring Agrium in the Kenai
Peninsula where it has a huge economic impact. He addressed
non-recourse revenue bonds where the railroad has a unique
ability to contemplate issuing industrial development bonds
that are now precluded by the Tax Reform Act of 1986. He
suggested that the project, as proposed, makes sense.
Representative Hawker spoke of a concern over the industrial
development bonds and the effect on the state's rating. Mr.
Mitchell replied that it should have not impact and there
has never been an issue in that regard. He gave an example
of development bonds from the City of Valdez.
2:02:12 PM
Representative Gara asked how a railroad that generated such
large profits last year can issue $2.6 billion worth of
bonds. Mr. Mitchell responded that the market would have to
validate a high probability of success.
Representative Gara asked about a state-owned gas pipeline
and its effect on the bonding. Mr. Mitchell replied that it
would have no impact on this bonding proposal.
Representative Kelly wondered about pulling the
authorization some time in the future if it doesn't get
used. Mr. Mitchell reported that once the bond is issued
there are contractual issues. Representative Kelly restated
the question. Mr. Mitchell explained that if the bonds are
not issued, statute can be changed.
2:05:25 PM
Representative Gara MOVED to ADOPT Amendment #1:
Page 4, line 4, following "this Act,":
Insert "and compliance with the requirement of (b) of
this section,"
Page 4, following line 23:
Insert a new subsection to read:
"(b) The Alaska Railroad Corporation may not issue
bonds under the authorization and approval set out in
this section unless the Department of Environmental
Conservation certifies that the coal gasification and
electrical power generation facility will be designed
and operated in a manner that does not release more
carbon dioxide into the atmosphere, per megawatt of
power produced, than the average carbon dioxide
released per megawatt during calendar year 2006 by the
Beluga natural gas power plant, located on the western
coast of Cook Inlet."
Re-letter the following subsections accordingly.
Co-Chair Meyer OBJECTED.
Representative Gara explained that the amendment deals with
carbon emissions from the coal plant. He wanted to regulate
carbon emissions in exchange for the bonding request.
Co-Chair Meyer noted that Co-Chair Chenault was not in
support of the amendment. He said he sees the bill as a
financial tool.
2:08:26 PM
Representative Kelly spoke strongly against Amendment #1.
LISA PARKER, CORPORATE AFFAIRS, Agrium, testified that there
are regulations already in place regarding this issue.
Representative Gara emphasized the importance of limiting
carbon emissions and the problem of the greenhouse effect.
He requested pro-active steps to reduce carbon emissions.
Co-Chair Meyer spoke against Amendment #1.
Representative Kelly explained his beliefs regarding global
warming. He termed the amendment irresponsible relative to
global warming.
2:13:39 PM
Co-Chair Meyer MAINTAINED his objection.
A roll call vote was taken on the motion.
IN FAVOR: Gara, Nelson
OPPOSED: Thomas, Hawker, Kelly, Stoltze, Meyer
Representatives Crawford, Foster, Joule, and Chenault were
absent for the vote.
The MOTION FAILED (2-5).
2:15:13 PM
Representative Hawker acknowledged a concern about the
impact of the bill on the state; however, he stated support
for the bill in its present form.
Vice Chair Stoltze stated concerns by the Mat-Su about a
rail extension to Port McKenzie being shut out due to this
bill. He referred to a letter from the Mat-Su Borough (copy
on file.) He spoke in support of the Agrium project but not
at the expense of the Port McKenzie project. He mentioned
that the Mayor of Wasilla has had no contact with the Alaska
Railroad Corporation (ARRC). He brought out concerns about
the Port of Anchorage route. He concluded by stating
support for the bill.
2:22:28 PM
PAT GAMBLE, PRESIDENT AND CEO, ALASKA RAILROAD CORPORATION,
thought that Vice Chair Stoltze was correct about the
Wasilla-to-Anchorage corridor problems. He spoke in favor
of the extension to Port McKenzie, but thought the project
decision was up to Agrium. It is not a preference issue for
the railroad; at issue is the urgency and need to meet a
timeline. The railroad is the easiest component, but works
in response to Agrium's direction.
Vice Chair Stoltze apologized for the use of the word
"cavalier" in reference to ARRC.
Representative Thomas asked about the Beluga Coal Mine route
and the possibility of saving money. Ms. Parker said that
had been looked into and both options are being considered.
2:29:30 PM
Vice Chair Stoltze MOVED to REPORT HB 229 out of Committee
with individual recommendations the accompanying fiscal
note. There being NO OBJECTION, it was so ordered.
CSHB 229 (FIN) was REPORTED out of Committee with a "no
recommendation" and with a new fiscal note by the Department
of Commerce, Community and Economic Development.
2:30:47 PM
HOUSE BILL NO. 152
"An Act establishing a renewable energy fund and
describing its uses and purposes."
CHARISSE MILLET, STAFF, SPEAKER JOHN HARRIS, sponsor,
explained the purpose behind HB 152. The high cost of fuel
in Alaska has made it increasingly difficult for Alaskan
residents to prosper. Home heating fuel and gasoline prices
have skyrocketed in recent years leaving some Alaska
families, who already struggle to make ends meet, left to
prioritize between basic necessities of life: heat, food, or
health care. The bill contains recommendations from the
Alaska Energy Policy Task Force formed in 2003.
With the bill, Alaska would be one of 40 states to institute
a policy on renewable energy.
Ms. Millet reported that the bill accomplishes two things:
provides for a revolving loan fund under the Alaska Energy
Authority (AEA) and has a grant component. There is
currently no funding mechanism for the fund. The bill seeks
only to establish the fund in statute.
2:33:37 PM
KACI SCHROEDER-HOTCH, STAFF, REPRESENTATIVE THOMAS, co-
sponsor, explained the sections of the bill. She mentioned
that a natural gas project could also qualify for a grant.
She explained the makeup of the advisory committee.
2:36:38 PM
SARAH FISHER-GOAD, DEPUTY DIRECTOR OF OPERATIONS, ALASKA
ENERGY AUTHORITY, testified in support of HB 152. She spoke
of the intentions of the renewable energy fund. She
suggested an amendment which would allow the Department of
Revenue to be the investment manager of the new fund.
2:38:14 PM
CHRIS ROSE, EXECUTIVE DIRECTOR, RENEWABLE ENERGY ALASKA
PROJECT (REAP), testified in support of HB 152. He
explained that there are no fuel costs related to generating
renewable energy. The bill would create a fund similar to
ones in 15 other states, and will attract capital to the
state.
KATHERINE LAMAL, VICE PRESIDENT OF POWER, GOLDEN VALLEY
ELECTRIC ASSOCIATION, testified in support of the
legislation, which would help jumpstart renewable energy in
Alaska and show that Alaska is a forward-looking state.
2:41:27 PM
CONNIE FREDENBERG, COMMUNITY DEVELOPMENT, ALEUTIAN PRIBILOF
ISLANDS ASSOCIATION (APIA), testified in support of the
legislation. She noted that the Aleutian Islands have had
renewable energy for the past four years. She maintained
that the technology exists and that much of Alaska could
benefit from renewable resources. Displacing diesel fuel
with renewable resources is a long-term solution. She
stressed the need for the political will to make it happen.
She maintained that establishing a renewable grant fund
would benefit all of Alaska.
2:44:15 PM
MEERA KOHLER, PRESIDENT & CEO, ALASKA VILLAGE ELECTRIC
COOPERATIVE, testified in support of the legislation. She
provided examples of renewable resources used in the
villages. She maintained that Alaska has a large potential
for renewable resources.
Representative Kelly expressed concern that the members of
the advisory committee would end up gridlocked most of the
time. Ms. Kohler explained that the committee has great
potential, is small, and workable. The committee is needed
to focus on renewable resources.
2:48:35 PM
GWEN HOLDMANN, VICE PRESIDENT OF NEW DEVELOPMENT, CHENA HOT
SPRINGS RESORT, testified in support of the legislation.
She noted that their power plant has won awards. She
reported that in seven months, they were able to offset
$280,000 in diesel fuel costs. She provided other details
of their use of renewable resources and the resulting
savings. She observed that they would not have been able to
make the advances without grant funding.
2:51:47 PM
Co-Chair Meyer MOVED to ADOPT Amendment 1:
Page 3, line 19
After "balance"
Insert "of"
There being NO OBJECTION, it was so ordered.
Representative Thomas MOVED to ADOPT Amendment 2:
Page 3, line 17:
Delete "and"
Page 3, line 20, following "section":
Insert "; and
(4) apply for and be able to receive
contributions from other sources for distribution as
grants to eligible applicants"
Representative Crawford noted that other funding sources are
available for renewable energy systems.
2:56:49 PM
Ms. Millet explained that there is nothing in the bill that
prohibits AEA from seeking other funding. Some fund sources
are weighted higher than others due to the possibility of
matching funds.
Representative Crawford emphasized the wording "apply for"
in the amendment. He agreed that there is nothing in the
bill that would prevent that, but there is also nothing that
states that "they should" apply for other sources of funds.
Representative Thomas said he has no problem with Amendment
#2.
2:58:22 PM
Representative Hawker asked if Speaker Harris would agree
with Amendment #2. Ms. Millet said he would have no problem
with it.
Co-Chair Meyer WITHDREW his objection. There being NO
OBJECTION, Amendment #2 was adopted.
Representative Thomas MOVED to ADOPT Amendment #3:
Page 5, lines 14-17
Delete after (g): [as applicable to licensing water-
power development projects, unless the authority adopts
a different definition based on a determination made by
a nationally recognized independent nonprofit
corporation that considers the environmental effects of
hydropower practices;]
Co-Chair Meyer OBJECTED.
Representative Thomas pointed out that the amendment would
keep the definition as defined under AS 42.45.350(g). Ms.
Millet said the sponsor has no objection to the amendment.
Co-Chair Meyer WITHDREW his objection. There being NO
OBJECTION, it was so ordered.
2:59:57 PM
Representative Thomas MOVED to ADOPT Amendment # 4:
Page 3, line 9
Add: (4) investments to be managed by the Department of
Revenue
Co-Chair Meyer OBJECTED.
Representative Thomas explained that the amendment was at
the recommendation of Ms. Fisher-Goad from AEA. Ms. Millet
agreed with the amendment.
Co-Chair Meyer WITHDREW his objection. There being NO
OBJECTION, Amendment #4 was adopted.
Co-Chair Meyer questioned fiscal note #2. He thought
$126,000 should be general fund money rather than renewable
energy fund money. Ms. Millet did not have a problem with
that.
3:03:47 PM
Representative Hawker mentioned that either the account or
the fund will require a separate appropriation before there
is any money available. He suggested that both fiscal notes
be indeterminate, rather than a fixed number.
Ms. Millet suggested consulting with AEA about the fiscal
notes.
Representative Kelly commented that the full-time position
is not needed. He agreed with Representative Hawker.
Co-Chair Meyer thought both fiscal notes should be
indeterminate fiscal notes. Ms. Millet agreed.
Ms. Fisher-Goad explained that the reason for the amount
under the renewable energy fund was because of the
assumption that there would be an appropriation to make the
program move forward. She said she would comply with the
will of the committee.
Representative Hawker spoke about travel, which he thought
AEA could absorb.
3:09:55 PM
Representative Hawker MOVED that Fiscal Notes #1 and #2 be
indeterminate. There being NO OBJECTION, it was so ordered.
Co-Chair Meyer wanted to move the bill.
Representative Hawker stated willingness to move the bill,
but emphasized that this legislation is no assurance for
funding for the program.
Representative Crawford spoke in support of moving the bill
and finding private sources of money to fund it.
Representative Thomas agreed to move the bill and find
funding later.
3:13:00 PM
Representative Hawker MOVED to REPORT CSHB 152 (FIN), as
amended, with individual recommendations and with the
accompanying amended fiscal notes. There being NO
OBJECTION, it was so ordered.
CSHB 152 (FIN) was REPORTED out of Committee with a "do
pass" recommendation and with two new indeterminate fiscal
notes by the Department of Commerce, Community and Economic
Development.
3:13:59 PM
HOUSE BILL NO. 133
"An Act relating to requiring electronic monitoring as
a special condition of probation for offenders whose
offense was related to a criminal street gang."
Vice Chair Stoltze MOVED to ADOPT the work draft for HB 133,
labeled 25-LS0465\N, Luckhaupt, 4/13/07. There being NO
OBJECTION, it was so ordered.
REPRESENTATIVE BOB BUCH, sponsor, explained that the bill
deals with the gang problem in Anchorage. It would require
people who are convicted of violent, gang-related crimes to
wear electronic monitoring devices as a condition of
probation. The bill addresses a problem that has been
documented by the Anchorage Police Department where gang
members who have been convicted of violent crimes go back to
gang activity. He spoke of the review of the bill by the
Judiciary Committee. He clarified that the bill gives law
enforcement a tool to deal with convicted, violent gang
members. The scope of the bill is very narrow and applies
only to those who are convicted of violent gang behavior.
He noted that he has added a five-year sunset provision to
make electronic monitoring a pilot program.
3:18:29 PM
Representative Buch mentioned support of the bill from Chuck
Copp, Chief of Police in Kenai.
Vice Chair Stoltze asked why the courts need so much time to
enact laws. Representative Buch noted that time is needed
to convict gang members and to implement the bill.
3:19:45 PM
GARDNER COBB, HEAD, GANG UNIT, ANCHORAGE POLICE DEPARTMENT,
testified in strong support of the bill. He related his
experience with gang problems in Anchorage. He predicted
that ankle monitoring would prevent future crime. The focus
of the bill is narrow to entail "gang-motivated" crime as
opposed to "gang-related" crime.
Representative Kelly asked how many states are having
success with this device. Mr. Cobb related that it has been
used for sex offenders in the past. Representative Kelly
requested that information from the sponsor.
Representative Hawker asked if the technology is readily
available. Mr. Cobb thought that the Department of
Corrections could better answer that.
3:26:41 PM
Representative Buch addressed Representative Kelly's
question. He said that he is getting a report back from San
Bernadino, California, as to the results of the device being
used there. He pointed out that one of the benefits of the
ankle bracelet is that it gives the gang member an excuse to
separate from the gang community.
Representative Kelly asked how many states use the device.
Representative Buch said approximately 20 states are
utilizing the device. He noted that the sunset clause would
allow for evaluation in five years.
3:29:53 PM
DWAYNE PEEPLES, DEPUTY COMMISSIONER, DEPARTMENT OF
CORRECTIONS, answered Representative Hawker's questions
regarding the availability and geographic restrictions of
the technology. Mr. Peeples reported that the equipment is
available, and he thought there would be no problems with
the use of the device in urban or suburban areas. He
thought there may be a staff monitoring issue in remote
areas.
Co-Chair Meyer asked if the electronic monitoring is for the
entire probation period. Representative Buch said it is for
the entire time a person is on parole or probation. Co-
Chair Meyer asked what happens if the person leaves the
state. Mr. Peeples discussed intrastate issues. Mr.
Peeples thought the individuals would be closely monitored
and not allowed to travel.
3:33:57 PM
Co-Chair Meyer asked how this would be paid for.
Representative Buch said that the convicted criminals would
be responsible for paying for the device.
Representative Gara spoke to the affordability provision.
He thought that the GPS system would only be imposed in
areas where there are gangs, and therefore there would not
be a "use problem" in areas where there are no gangs.
Representative Hawker asked if this legislation is a
prospective application. Mr. Peeples said yes. There are
currently clients who could have qualified. Representative
Hawker wondered if they would be mandated to use the device.
Representative Buch said the legislation would take place as
soon as possible. Representative Hawker wondered if these
conditions could be imposed on current parolees. Mr.
Peeples said an aggravating factor would have had to have
been found at the time of their conviction.
3:37:41 PM
RICK SVODBODNY, CHIEF ASSISTANT ATTORNEY GENERAL, CRIMINAL
DIVISION, DEPARTMENT OF LAW, related that it can only have a
prospective application because it would have had to have
been determined during the trial. He explained that parole
conditions are discretionary and can be imposed at any time.
Representative Hawker asked about the aggravating factors
already existing in statute. He wondered if anyone
currently qualifies. Mr. Svobodny said it is possible, but
not likely. Representative Hawker asked if the bill would
cause a change in behavior for prosecutors to try to
identify this aggravating factor. Mr. Svobodny didn't think
it would be a change of behavior because prosecutors in
Anchorage are already trying to prove it.
Mr. Peeples informed the committee that gangs are not being
tracked in institutions. There are about 100 gang members
on probation, and about 50-75 juvenile offenders, with notes
in their records regarding an aggravating factor. He could
not say how many would fall under the felony heading. The
financial plan is to have an indeterminate fiscal note and
then ask for funding as needed.
3:44:42 PM
Representative Hawker addressed the bright line regarding
proof of an aggravating factor. He wanted to lessen the
burden of proof on the "good guys". Mr. Svobodny said that
could legally be done. It depends on the court's view. He
maintained it is a condition of probation and does not need
to be tied to proving an aggravating factor.
Representative Buch addressed Representative Hawker's
concern. He pointed out that existing law provides for
"auto waiver" for juveniles with violent crimes to be
treated as adults. He reported that the fiscal impact of
broadening the use of this legislation was out of sight.
The new technology in the ankle bracelet does the
monitoring.
3:49:59 PM
Representative Hawker asked how to get the device on more
ankles. Representative Buch pointed out that this is a
pilot program and can be expanded if it works well. It
addresses a public safety concern in Anchorage.
Representative Kelly asked if it is mandatory for the judge
to consider this as a condition of probation. Mr. Svobodny
said it is. Representative Kelly asked if this device would
cause lesser sentences to be given. Mr. Svobodny said he
could not predict. It is tied to serious felonies and
presumptive sentencing. If an aggravating factor is found,
the sentence can be extended.
Representative Kelly also supported making it easier for the
"good guys". Representative Buch pointed out that the bill
addresses a specific problem of bad behavior. It would be
too expensive to have a broad perspective. Representative
Kelly called it a tool and wished more could be used.
3:57:26 PM
Representative Gara related the experience of increasing
sentences and needing to prove beyond a reasonable doubt.
He said the bill, as written, meets U.S. Supreme Court
approval. "If you say the judge can do it without proof
beyond a reasonable doubt", it may be unconstitutional.
Vice Chair Stoltze referred to a letter from Rob Heun, Chief
of Police, Anchorage (copy on file.) He thought conditions
of probation should not be a negotiated process. Mr.
Svobodny responded that they could be negotiated with the
District Attorney early on. He said he hope that does not
happen. The bright line in this bill is at sentencing.
Representative Hawker referred to an earlier fiscal note.
He wondered if it also included misdemeanors. Mr. Peeples
said it did. It was a wide net with a differentiation
between "gang related" and "gang associated". He discussed
the earlier note.
Representative Hawker did not take issue with the dollar
amount, but with the public safety issue. He expressed
concern about the "high hurdle" to meet the condition of
aggravating factor. He read from AS 12.55.155(c)(29). He
voiced concern that the bill falls short.
4:06:58 PM
Representative Buch summarized that the idea behind the
legislation is that it addresses a very specific crime with
very specific criteria; a very specific tool for very
extreme gang activity.
HB 133 was heard and HELD in Committee for further
consideration.
ADJOURNMENT
The meeting was adjourned at 4:09 PM.
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