Legislature(2007 - 2008)HOUSE FINANCE 519

04/09/2008 08:30 AM House FINANCE


Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 185 SEX OFFENDER/CHILD KIDNAPPER REGISTRATION TELECONFERENCED
Moved HCS CSSB 185(FIN) Out of Committee
+= SB 243 COMMISSION ON AGING TELECONFERENCED
Moved HCS CSSB 243(FIN) Out of Committee
<Bill Hearing Rescheduled from 04/08/08>
+ Bills Previously Heard/Scheduled TELECONFERENCED
                  HOUSE FINANCE COMMITTEE                                                                                       
                       April 9, 2008                                                                                            
                         8:53 a.m.                                                                                              
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Chenault called the House  Finance Committee meeting                                                                   
to order at 8:53:58 AM.                                                                                                       
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Mike Chenault, Co-Chair                                                                                          
Representative Kevin Meyer, Co-Chair                                                                                            
Representative Bill Stoltze, Vice-Chair                                                                                         
Representative Harry Crawford                                                                                                   
Representative Richard Foster                                                                                                   
Representative Les Gara                                                                                                         
Representative Mike Hawker                                                                                                      
Representative Reggie Joule                                                                                                     
Representative Mike Kelly                                                                                                       
Representative Mary Nelson                                                                                                      
Representative Bill Thomas Jr.                                                                                                  
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Senator Bettye  Davis; Tom  Obermeyer, Staff, Senator  Bettye                                                                   
Davis;   Denise   Daniello,    Executive   Director,   Alaska                                                                   
Commission  on Aging;  Senator  Bill Wielechowski  (Sponsor);                                                                   
Anne Carpeneti,  Assistant Attorney  General, Legal  Services                                                                   
Section-Juneau, Criminal Division,  Department of Law; George                                                                   
Ascott, Staff,  Senator Wielechowski; Dwayne  Peeples, Deputy                                                                   
Commissioner, Department of Corrections                                                                                         
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
William Hogan,  Deputy Commissioner for Family,  Community, &                                                                   
Integrated   Services,  Department   of  Health  and   Social                                                                   
Services;                                                                                                                       
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
CSSB 185(STA)(title am)                                                                                                         
          "An  Act relating  to the central  registry  of sex                                                                   
          offenders   and  child   kidnappers   and  to   the                                                                   
          registration  requirements  for sex  offenders  and                                                                   
          child  kidnappers; and  providing for an  effective                                                                   
          date."                                                                                                                
                                                                                                                                
          CSSB 185(FIN) was REPORTED out of Committee with a                                                                    
          "do pass" recommendation and with two new zero                                                                        
          fiscal notes (COR and ADM); and previously                                                                            
          published fiscal impact notes: FN2 (ADM), FN#                                                                         
          (LAW), and FN4 (DPS).                                                                                                 
                                                                                                                                
CSSB 243(HES)                                                                                                                   
          "An Act relating to the duties and powers of the                                                                      
          Alaska Commission on Aging and the Department of                                                                      
          Health and Social Services."                                                                                          
                                                                                                                                
          CSSB 243(FIN) was REPORTED out of Committee with                                                                      
          individual recommendations and a zero fiscal note                                                                     
          from Department of Health and Social Services.                                                                        
                                                                                                                                
8:54:47 AM                                                                                                                    
                                                                                                                                
CS FOR SENATE BILL NO. 243(HES)                                                                                                 
                                                                                                                                
     "An Act relating to the duties  and powers of the Alaska                                                                   
     Commission  on Aging  and the Department  of Health  and                                                                   
     Social Services."                                                                                                          
                                                                                                                                
SENATOR  BETTYE  DAVIS  (SPONSOR) introduced  SB  243,  which                                                                   
moves grant duties formerly carried  out by the Commission on                                                                   
Aging to  the Department of  Health and Social  Services. She                                                                   
pre-approved  an  amendment  to  be presented  later  in  the                                                                   
meeting.                                                                                                                        
                                                                                                                                
8:55:52 AM                                                                                                                    
                                                                                                                                
TOM OBERMEYER, STAFF, SENATOR BETTYE DAVIS (SPONSOR), read                                                                      
paragraph one of the sponsor statement noting the zero                                                                          
fiscal note.                                                                                                                    
                                                                                                                                
     As required  by a 2007  Legislative Audit,  this "clean-                                                                   
     up"  bill   brings  into  alignment  grant   duties  and                                                                   
     responsibilities  that  were  previously  given  to  the                                                                   
     Department  of Health and  Social Services (DHSS),  when                                                                   
     the Commission  on Aging  (ACoA) and Division  of Senior                                                                   
     Services became part of DHSS…                                                                                              
                                                                                                                                
     Senate  Bill  243  assigns  authority  for  establishing                                                                   
     state  policy   related  to  the  Older   Americans  Act                                                                   
     federal programs  and state programs for  Older Alaskans                                                                   
     to  the Department  of Health and  Social Services.  The                                                                   
     Department  of  Health  and Social  Services  (DHSS)  is                                                                   
     recognized as  the state "Unit on Aging."  The bill also                                                                   
     transfers  grant  authority  related to  senior  service                                                                   
     grants, adult  day care, and family respite  care grants                                                                   
     from the  Alaska Commission on  Aging to DHSS.  DHSS has                                                                   
     assigned these grant administrative duties to Senior                                                                       
     and Disabilities Services.                                                                                                 
                                                                                                                                
Mr. Obermeyer  referenced the  sectional analysis  describing                                                                   
the  authorities  and  responsibilities  of  each  unit.  The                                                                   
fiscal note further  illustrates the shifting  of past powers                                                                   
into statute.                                                                                                                   
                                                                                                                                
8:57:52 AM                                                                                                                    
                                                                                                                                
DENISE  DANIELLO, EXECUTIVE  DIRECTOR,  ALASKA COMMISSION  ON                                                                   
AGING, testified  before the committee  and through  a formal                                                                   
letter (copy  on file)  in support of  the bill.  Senate Bill                                                                   
243(HES) amends statutes to reflect  the current work of ACoA                                                                   
and DHSS initiated by Executive Order 108 in July 2003.                                                                         
                                                                                                                                
Ms.  Daniello  recapped  that  ACoA works  closely  with  the                                                                   
Division of Senior and Disabilities  Services (SDS) to assist                                                                   
the  department in  carrying out  its "state  unit on  aging"                                                                   
responsibilities.  Whereas, administrating  and  distributing                                                                   
state funds to  senior service programs falls  under SDS, the                                                                   
Commission  focuses  on planning,  community  education,  and                                                                   
advocacy  activities on  behalf  of older  Alaskans.  Current                                                                   
legislation cures  the one and  only finding reported  by the                                                                   
Division of Legislative Audit in June 2007.                                                                                     
                                                                                                                                
8:59:45 AM                                                                                                                    
                                                                                                                                
Representative Gara inquired into  ACoA's stance on Amendment                                                                   
#1. Ms. Daniello answered in support  of the amendment, which                                                                   
allows residents of the pioneer  home to receive the economic                                                                   
stimulus payment arriving from the Federal Government.                                                                          
                                                                                                                                
9:01:05 AM                                                                                                                    
                                                                                                                                
Co-Chair    Chenault   MOVED    to   ADOPT   amendment    #1.                                                                   
Representative Hawker OBJECTED.                                                                                                 
                                                                                                                                
VIRGINIA SMILEY,  DIRECTOR, ALASKA PIONEER  HOMES, DEPARTMENT                                                                   
OF HEALTH AND SOCIAL SERVICES  explained that in anticipation                                                                   
of a  federally funded  economic stimulus  package,  AS 47.55                                                                   
did not  allow pioneer home  residents on payment  assistance                                                                   
to keep  the rebate. Amendment  #1 adds an exemption  in Sec.                                                                   
7.  AS  47.55.020(d)(10)  for   "the  poorest  of  the  poor"                                                                   
allowing those  seniors to  hold onto  a federal refund  that                                                                   
will come in this fiscal year.                                                                                                  
                                                                                                                                
9:02:38 AM                                                                                                                    
                                                                                                                                
Representative   Gara  appreciated   the  clarification   and                                                                   
expressed gratitude for the amendment.  Representative Hawker                                                                   
thanked Ms. Smiley for her work.                                                                                                
                                                                                                                                
9:03:23 AM                                                                                                                    
                                                                                                                                
Representative Hawker WITHDREW his OBJECTION.                                                                                   
                                                                                                                                
Senator Davis favored the amendment.                                                                                            
                                                                                                                                
There being NO OBJECTION, amendment #1 was adopted.                                                                             
                                                                                                                                
Vice-Chair  Stoltze  MOVED to  report  CSSB  243(FIN) out  of                                                                   
committee with  individual recommendations and  a zero fiscal                                                                   
note from  Department  of Health and  Social Services.  There                                                                   
being NO OBJECTION.                                                                                                             
                                                                                                                                
CSSB 243(FIN)  was REPORTED out of Committee  with individual                                                                   
recommendations  and a  zero fiscal note  from Department  of                                                                   
Health and Social Services.                                                                                                     
                                                                                                                                
9:05:40 AM                                                                                                                    
CS FOR SENATE BILL NO. 185(STA)(title am)                                                                                       
     "An  Act  relating  to  the   central  registry  of  sex                                                                   
     offenders and  child kidnappers and to  the registration                                                                   
     requirements  for sex  offenders  and child  kidnappers;                                                                   
     and providing for an effective date."                                                                                      
                                                                                                                                
Vice-Chair Stoltze MOVED to ADOPT  work draft #25-LS0985/L as                                                                   
a working draft for HCS CSSB 185(FIN).                                                                                          
                                                                                                                                
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
9:06:52 AM                                                                                                                    
                                                                                                                                
Representative  Gara  expressed  frustration with  the  draft                                                                   
corrections to  the bill. He  felt that the language  drafted                                                                   
by Legal  Services  [to incorporate  a conceptual  amendment]                                                                   
did not represent the intent of the amendment.                                                                                  
                                                                                                                                
Mr. Gara cited a provision that  states electronic monitoring                                                                   
"may" be  at the discretion of  the court; the  provision was                                                                   
changed  to "shall".  He further  noted  a recommendation  to                                                                   
victims "under  14" years of age  that was lowered  to "under                                                                   
13",  which  he  did not  believed  related  to  the  issue's                                                                   
legality.                                                                                                                       
                                                                                                                                
Mr. Gara  expressed concerned that  in a memo dated  April 8,                                                                   
2008 (copy on file) legislative  legal counsel encouraged the                                                                   
addition of AS 11.41.434 to Section  2 of the bill, a statute                                                                   
he  thought  had been  discussed  and  settled against  in  a                                                                   
previous  meeting.   Mr.  Gara  consented   to  substantively                                                                   
discuss the issues.                                                                                                             
                                                                                                                                
9:08:21 AM                                                                                                                    
                                                                                                                                
Co-Chair  Chenault asked  Ms. Carpeneti  for comments  on the                                                                   
memo  regarding Amendment  #3, which  he believed  summarized                                                                   
conclusions formerly reached by committee members.                                                                              
                                                                                                                                
ANNE CARPENETI,  ASSISTANT ATTORNEY  GENERAL, LEGAL  SERVICES                                                                   
SECTION-JUNEAU, CRIMINAL DIVISION,  DEPARTMENT OF LAW, shared                                                                   
an understanding  that the committee  had made  the provision                                                                   
discretionary  and  therefore  implemented  the  adoption  of                                                                   
"may." In  response to the  addition of AS 11.41.434  [sexual                                                                   
abuse  of  a  minor  in  the  first  degree],  Ms.  Carpeneti                                                                   
explained  that  the state  does  not charge  many  offenders                                                                   
under sexual assault  [AS 11.41.410] when the  crime involves                                                                   
a young victim. The state usually  proceeds with AS 11.41.434                                                                   
because  there  exists  one  less   approval  to  convict  an                                                                   
offender with  the same serious, unclassified  felony result.                                                                   
The  department   realized  the  state  could   monitor  more                                                                   
offenders by employing the sexual abuse of a minor statute.                                                                     
                                                                                                                                
Ms. Carpaneti  described "under  13" as tracking  better with                                                                   
current statutes that use the  phrase as a marker for various                                                                   
levels of crime in sexual abuse cases.                                                                                          
                                                                                                                                
9:10:37 AM                                                                                                                    
                                                                                                                                
Representative Gara accepted the  addition of AS 11.41.434 to                                                                   
the bill. He  reiterated what he thought was  a transcription                                                                   
error of "shall"  instead of "may" in the CS.  He found first                                                                   
degree rape cases  especially those involving  a young person                                                                   
"beyond troubling." He elaborated  on how AS 11.41.410 allows                                                                   
prosecuting an  offender regardless  of the victim's  age. He                                                                   
showed  awareness that  the limitation,  "under 13",  usually                                                                   
defines a minor in state statute.  Representative Gara argued                                                                   
the  appropriateness  of electronic  monitoring  for  victims                                                                   
"under 14" as  a policy prerogative in Alaska  law instead of                                                                   
a convenient fit.                                                                                                               
                                                                                                                                
9:12:04 AM                                                                                                                    
                                                                                                                                
Ms.  Carpenti agreed  the issue  is a  policy call.  Co-Chair                                                                   
Chenault repeated  that "under  13" tracks more  closely with                                                                   
existing  statutes rather  than throwing  another value  into                                                                   
the mix.                                                                                                                        
                                                                                                                                
Representative  Gara  contended  that  should  the  committee                                                                   
choose  "under 14",  "there is  nothing wrong  with us  doing                                                                   
that."  Members could  change the  limit to  "under 13,"  but                                                                   
electronic monitoring would only  happen then. Representative                                                                   
Gara did not  see why electronic monitoring  shouldn't happen                                                                   
when the victim is "under 14".  If a court uses AS 11.41.410,                                                                   
which has no age requirements  to prosecute, he reasoned that                                                                   
the  legislature  could  just as  easily  say  14 as  13.  He                                                                   
recommended the committee stay with "under 14."                                                                                 
                                                                                                                                
9:12:59 AM                                                                                                                    
                                                                                                                                
Representative Kelly recognized  the legal memo as triggering                                                                   
previous debate  surrounding AS 11.41.410. He  noted that the                                                                   
bill   currently   includes  the   most   egregious   assault                                                                   
violations.  He acknowledged  the  suggestion  from legal  to                                                                   
capture sexual  abuse as well  and wondered about  re-opening                                                                   
AS 11.41.434 as a point of dialogue.                                                                                            
                                                                                                                                
Co-Chair Chenault spoke to the original intent of CSSB 185.                                                                     
                                                                                                                                
Representative   Gara  agreed   with  the   addition  of   AS                                                                   
11.41.434.                                                                                                                      
                                                                                                                                
9:14:48 AM                                                                                                                    
                                                                                                                                
Ms. Carpeneti reiterated that  AS 11.41.434 captures a person                                                                   
convicted of  sexual abuse  of a minor  in the first  degree.                                                                   
The offense registers as an unclassified felony.                                                                                
                                                                                                                                
Representative Kelly supported  an amendment to do just that.                                                                   
                                                                                                                                
9:15:17 AM                                                                                                                    
                                                                                                                                
Co-Chair Chenault MOVED amendment #5:                                                                                           
                                                                                                                                
     Page 2, line 6                                                                                                             
               Delete "shall"                                                                                                   
               Insert "may"                                                                                                     
                                                                                                                                
     Page 2, line 7                                                                                                             
               After "AS 11.41.410"                                                                                             
               Insert "or AS 11.41.434"                                                                                         
                                                                                                                                
     Page 2, line 8                                                                                                             
               Delete "14"                                                                                                      
               Insert "13"                                                                                                      
                                                                                                                                
Vice-Chair Stoltze OBJECTED.                                                                                                    
                                                                                                                                
9:15:55 AM                                                                                                                    
                                                                                                                                
Representative   Gara   expressed  general   agreement   with                                                                   
amendment  #5,  but continued  to  urge  applying  electronic                                                                   
monitoring in instances where the victim is older.                                                                              
                                                                                                                                
Representative Gara MOVED to ADOPT  an amendment to Amendment                                                                   
#5 to leave  the age of the  victim at "under 14"  instead of                                                                   
"under  13" or in  effect delete  lines 9-11.  Representative                                                                   
Kelly endorsed the action.                                                                                                      
                                                                                                                                
9:18:03 AM                                                                                                                    
                                                                                                                                
Representative  Hawker   OBJECTED  citing   consistency  with                                                                   
present legislative  age bracketing a more  compelling reason                                                                   
to  insert "under  13"  than reaching  out  with  a one  year                                                                   
variance on this particular issue.                                                                                              
                                                                                                                                
9:19:08 AM                                                                                                                    
                                                                                                                                
Representative  Gara  guessed he  would  agree  if the  issue                                                                   
upset  consistency.   He  explained  that  according   to  AS                                                                   
11.41.410  "rape is  rape" with  no age  discussion, and  the                                                                   
legislature   requests   electronic   monitoring   of   those                                                                   
individuals who rape children  under 14. He continued that AS                                                                   
11.41.410 identifies  three kinds of victims,  "those who are                                                                   
16, those  who are  18, those  who are  13." He asserted  the                                                                   
variable choice  of picking  "13" out of  the three  ages. He                                                                   
maintained the electronic monitoring  matter of either age as                                                                   
a policy call.                                                                                                                  
                                                                                                                                
9:19:59 AM                                                                                                                    
                                                                                                                                
Ms. Carpeneti clarified the phrase  "under 14" in the current                                                                   
draft  as meaning  13 year olds.  She continued  that if  the                                                                   
legislature desires  to monitor  perpetrators of 14  year old                                                                   
victims, the number should change to "under 15."                                                                                
                                                                                                                                
Co-Chair  Chenault  inferred  by extension  Amendment  #5  as                                                                   
written to focus on "under 13" to mean 12 year olds.                                                                            
                                                                                                                                
9:20:50 AM                                                                                                                    
                                                                                                                                
Vice-Chair  Stoltze concurred  with Mr.  Luckhaupt and  legal                                                                   
counsel  in  support  of  Amendment  #5  as  offered  and  in                                                                   
opposition of the amendment to that amendment.                                                                                  
                                                                                                                                
9:21:56 AM                                                                                                                    
                                                                                                                                
SENATOR  BILL   WIELECHOWSKI  (SPONSOR),  voiced   no  strong                                                                   
feelings on either age 14 or 13.                                                                                                
                                                                                                                                
Representative Kelly  queried the effect  of a change  on the                                                                   
statutes if  protecting a  13 year old  instead of a  12 year                                                                   
old. Ms.  Carpeneti simplified  the matter  as a policy  call                                                                   
saying, "Concerns  about consistency are as  important as you                                                                   
make them."                                                                                                                     
                                                                                                                                
9:23:21 AM                                                                                                                    
                                                                                                                                
Representative Kelly disclosed  his support for the amendment                                                                   
to the  amendment answering  that this  piece of  legislation                                                                   
holds wisdom and not enough violence  elsewhere in statute to                                                                   
let  the  year  go.  Representative   Hawker  maintained  his                                                                   
objection.                                                                                                                      
                                                                                                                                
A roll call vote was taken on the motion.                                                                                       
                                                                                                                                
IN FAVOR: Kelly, Thomas, Crawford, Gara                                                                                         
OPPOSED: Hawker, Joule, Stoltze, Chenault                                                                                       
                                                                                                                                
The MOTION FAILED (4-4).                                                                                                        
                                                                                                                                
9:24:51 AM                                                                                                                    
                                                                                                                                
There being NO OBJECTION, Amendment #5 was adopted.                                                                             
                                                                                                                                
9:26:00 AM                                                                                                                    
                                                                                                                                
DWAYNE   PEEPLES,   DEPUTY   COMMISSIONER,    DEPARTMENT   OF                                                                   
CORRECTIONS addressed the indeterminate  fiscal note from the                                                                   
Department of  Corrections (DOC) dated 04/09/08  8:15am (copy                                                                   
on file). He elaborated that based  on consultations with the                                                                   
Department  of   Law  and  the   Alaska  Court   System,  the                                                                   
Department  of   Corrections  could  not  unearth   any  data                                                                   
distinguishable by age under AS  11.41.410. The Department of                                                                   
Corrections   proceeded  to   gather   information  from   AS                                                                   
11.41.434. During the period 2002-07,  under the sexual abuse                                                                   
of  a minor  statute, data  showed  32 convicted  individuals                                                                   
with  an average  sentence of  around  9 years.  Based on  an                                                                   
assumption  that  the  courts would  exercise  discretion  in                                                                   
applying  electronic monitoring,  the  Department utilized  a                                                                   
figure between ¼ and ½ of the number reported.                                                                                  
                                                                                                                                
Mr. Peeples  anticipated  the operation  of a Passive  Global                                                                   
Positioning System (GPS), which  tracks an individual's steps                                                                   
by zone during the course of a  day and fires off an alarm if                                                                   
the person enters  a prohibited area. He speculated  that the                                                                   
Intensive  Supervision  Surveillance   Program  (ISSP)  would                                                                   
require  one probation  officer for every  20 offenders.  The                                                                   
Department of  Corrections could potentially absorb  the cost                                                                   
of  watching  the  earliest  offenders   and  report  a  more                                                                   
accurate prospective once a year.  The department estimated a                                                                   
minimum  expenditure of  $2,500 for  the GPS  in the  initial                                                                   
stages  and annual  costs thereafter  to  fund the  Probation                                                                   
Officer position.                                                                                                               
                                                                                                                                
Representative  Gara complimented  Co-Chair Chenault  and Mr.                                                                   
Peeples on their successful efforts  to make the bill better.                                                                   
Senator Wielechowski thanked the committee.                                                                                     
                                                                                                                                
9:30:28 AM                                                                                                                    
                                                                                                                                
Vice-Chair  Stoltze MOVED  to REPORT  HCS CS  SB 185(FIN)  as                                                                   
amended out of Committee with  individual recommendations and                                                                   
the accompanying fiscal note. There being NO OBJECTION.                                                                         
                                                                                                                                
CSSB 185(FIN) was REPORTED out  of Committee with a "do pass"                                                                   
recommendation and  with two new  zero fiscal notes  (COR and                                                                   
ADM);  and  previously  published fiscal  impact  notes:  FN2                                                                   
(ADM), FN# (LAW), and FN4 (DPS).                                                                                                
                                                                                                                                
9:31:52 AM                                                                                                                    
ADJOURNMENT                                                                                                                   
                                                                                                                                
The meeting was adjourned at 9:32 AM                                                                                            
                                                                                                                                

Document Name Date/Time Subjects