Legislature(1993 - 1994)

04/25/1994 03:30 PM FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
                                                                               
                     HOUSE FINANCE COMMITTEE                                   
                         April 25, 1994                                        
                            3:30 P.M.                                          
                                                                               
  TAPE HFC 94 - 141, Side 2, #000 - end.                                       
  TAPE HFC 94 - 142, Side 1, #000 - #265.                                      
                                                                               
  CALL TO ORDER                                                                
                                                                               
  Co-Chair Larson  called the House  Finance Committee meeting                 
  to order at 3:30 P.M.                                                        
                                                                               
  PRESENT                                                                      
                                                                               
  Co-Chair Larson               Representative Hoffman                         
  Co-Chair MacLean              Representative Martin                          
  Vice-Chair Hanley             Representative Navarre                         
  Representative Brown          Representative Parnell                         
  Representative Grussendorf    Representative Therriault                      
                                                                               
  Representative Foster was not present for the meeting.                       
                                                                               
  ALSO PRESENT                                                                 
                                                                               
  Margo Knuth, Assistant Attorney General, Criminal  Division,                 
  Department of Law.                                                           
                                                                               
  SUMMARY                                                                      
  SB 24     An Act  extending the maximum period  of probation                 
            after conviction.                                                  
                                                                               
            SB  24  was  reported out  of  Committee  with "no                 
            recommendations"  and  with a  fiscal note  by the                 
            Department of  Corrections dated 3/02/94  and zero                 
            fiscal  notes by the  Department of  Public Safety                 
            dated 3/02/94  and the  Alaska Court  System dated                 
            3/02/94.                                                           
  SB 350    An  Act  relating to  a  defendant's violation  of                 
            conditions  of  release;   and  providing  for  an                 
            effective date.                                                    
                                                                               
            SB  350 was reported  out of Committee  with a "do                 
            pass" recommendation and with a fiscal note by the                 
            Department of  Corrections dated 3/09/94  and zero                 
            fiscal  notes  by  the  Department  of  Law  dated                 
            3/09/94,  the  Department of  Public  Safety dated                 
            3/09/94 and the Department of Administration dated                 
            3/09/94.                                                           
                                                                               
                                1                                              
                                                                               
                                                                               
  SB 351    An  Act amending  Alaska  Rule  of  Evidence  404,                 
            relating to the admissibility of certain character                 
            evidence in court proceedings.                                     
                                                                               
            SB 351  was reported out  of Committee with  a "do                 
  pass"          recommendation and with  zero fiscal notes by                 
                 the  Department  of  Law  dated 3/09/94,  the                 
                 Department of Public Safety dated 3/09/94 and                 
                 the   Department   of   Administration  dated                 
                 3/09/94.                                                      
  HJR 65    Proposing  amendments to  the Constitution  of the                 
            State of  Alaska relating  to  the budget  reserve                 
            fund.                                                              
                                                                               
            HJR 65 was  reported out of  Committee with a  "do                 
  pass"          recommendation and with a zero fiscal note by                 
                 the Office of the Governor.                                   
  SENATE BILL 350                                                              
                                                                               
       "An  Act  relating  to   a  defendant's  violation   of                 
       conditions  of release; and  providing for an effective                 
       date."                                                                  
                                                                               
  Representative Brown  asked which  crimes and  circumstances                 
  would give police  the ability to make  warrantless arrests.                 
  Co-Chair MacLean  replied that  the bill  would give  police                 
  that  authority  when  an  offender  had been  convicted  of                 
  stalking, assault, sexual assault or other domestic violence                 
  crimes and in the  act of violating the terms  of release by                 
  hassling a victim.                                                           
                                                                               
  MARGO KNUTH, ASSISTANT ATTORNEY  GENERAL, CRIMINAL DIVISION,                 
  DEPARTMENT OF LAW,  clarified that  the warrantless  arrests                 
  could  be  made   for  a   violation  of  bail   conditions.                 
  Currently, the  police have  the authority  to make  arrests                 
  without  a  warrant   for  all  felonies  and   for  certain                 
  misdemeanors  particularly  domestic  violence  and  certain                 
  assault.   She continued that the legislation  would allow a                 
  warrantless arrest for  the violation of bail  conditions in                 
  those same cases.                                                            
                                                                               
  Co-Chair MacLean  MOVED to report  SB 350  out of  Committee                 
  with  individual recommendations  and with  the accompanying                 
  fiscal notes.  There being NO OBJECTIONS, it was so ordered.                 
                                                                               
  SB  350  was reported  out  of  Committee with  a  "do pass"                 
  recommendation and with  a fiscal note  by he Department  of                 
  Corrections dated  3/09/94, and the zero fiscal notes by the                 
  Department of Law  dated 3/09/94,  the Department of  Public                 
  Safety dated  3/09/94 and  the Department  of Administration                 
                                                                               
                                2                                              
                                                                               
                                                                               
  dated 3/09/94.                                                               
  SENATE BILL 351                                                              
                                                                               
       "An Act amending Alaska Rule  of Evidence 404, relating                 
       to the admissibility  of certain character  evidence in                 
       court proceedings."                                                     
                                                                               
  Ms. Knuth explained SB  351 would seek to help  solve sexual                 
  abuse problems.   The legislation would  amend the rules  of                 
  evidence so that victims would not  be "put on trial" by the                 
  accused rapist.   The proposed legislation would  delete the                 
  unnecessary language in Rule 404 that has made it  difficult                 
  to prosecute  repeat child molesters.  As the rule currently                 
  reads, it  has been interpreted  by some judges  to indicate                 
  that  the  jury could  learn  that an  accused  molester had                 
  abused other children  only if the  court finds that it  was                 
  part of a very specific  "common scheme or plan".  The  bill                 
  would  address  that  problem  by  simply  eliminating  that                 
  phrase.                                                                      
                                                                               
  Representative  Navarre  MOVED  to  report  SB  350  out  of                 
  Committee  with  individual  recommendations  and  with  the                 
  accompanying fiscal notes.   There  being NO OBJECTIONS,  it                 
  was so ordered.                                                              
                                                                               
  SB  350  was reported  out  of  Committee with  a  "do pass"                 
  recommendations and with zero fiscal notes by the Department                 
  of Law dated 3/09/94, the  Department of Public Safety dated                 
  3/09/94 and the Department of Administration  dated 3/09/94.                 
                                                                               
  SENATE BILL 24                                                               
                                                                               
       "An Act extending the maximum period of probation after                 
       conviction."                                                            
                                                                               
  Ms. Knuth advised that SB 24 would extend the maximum period                 
  of probation after conviction  from five to ten years.   She                 
  added  that  the  legislation  would  give  law  enforcement                 
  officials an effective  tool for keeping track  of criminals                 
  and preventing  recidivism after  they have  left the  state                 
  prison system.                                                               
                                                                               
  Discussion  followed among  Committee members  regarding the                 
  fiscal impact to the Department of Corrections.                              
                                                                               
  Representative Hanley MOVED to report SB 24 out of Committee                 
  with individual  recommendations and  with the  accompanying                 
  fiscal notes.  There being NO OBJECTIONS, it was so ordered.                 
                                                                               
  SB   24   was   reported   out   of   Committee   with   "no                 
                                                                               
                                3                                              
                                                                               
                                                                               
  recommendations" and with a fiscal note by the Department of                 
  Corrections  dated  3/02/94  and zero  fiscal  notes  by the                 
  Department of Public Safety dated  3/02/94, the Alaska Court                 
  System  dated  3/02/94  and  the  Department  of  Law  dated                 
  3/02/94.                                                                     
  HOUSE JOINT RESOLUTION 65                                                    
                                                                               
       Proposing  amendments to the  Constitution of the State                 
       of Alaska relating to the budget reserve fund.                          
                                                                               
  Co-Chair  MacLean MOVED to  report HJR  65 out  of Committee                 
  with individual  recommendations and  with the  accompanying                 
  fiscal    note.        Representative    Martin    OBJECTED.                 
  Representative Therriault advised that the recent court case                 
  have showed that certain  portions of what is  available for                 
  appropriation is not clear.                                                  
                                                                               
  Representative Martin thought that the legislation would tie                 
  the Legislature's hand and force other options for using the                 
  permanent fund dividend  earnings first.   He stressed  that                 
  Section 17 was not supported by State citizens.                              
                                                                               
  Representative  Navarre noted  that  the  Committee had  not                 
  given  the  amendment  enough  scrutiny.    Co-Chair  Larson                 
  replied that there  were three  provisions addressed by  the                 
  legislation:                                                                 
                                                                               
            1.   What  is  available  for  appropriations  and                 
                 under  what conditions there  would be  a 2/3                 
                 vote or a 3/4 vote required;                                  
            2.   The 3/4 vote requirement; and                                 
            3.   The  payback simplified  by  a  3/4 vote  and                 
                 elimination of those complications.                           
                                                                               
  (Tape Change, HFC 94-142, Side 1).                                           
                                                                               
  A roll call  vote was taken on  the MOTION to move  the bill                 
  from Committee.                                                              
                                                                               
       IN FAVOR:      Brown,  Grussendorf,   Hanley,  Parnell,                 
                      Larson, MacLean.                                         
       OPPOSED:       Hoffman, Martin, Navarre, Therriault.                    
                                                                               
  Representative Foster was not present for the vote.                          
                                                                               
  The MOTION PASSED (6-4).                                                     
                                                                               
  HJR   65  was   reported  out  of   Committee  with   a  "no                 
  recommendation" and with a fiscal note  by the Office of the                 
  Governor.                                                                    
                                                                               
                                4                                              
                                                                               
                                                                               
  ADJOURNMENT                                                                  
                                                                               
  The meeting adjourned at 4:25 P.M.                                           
                                                                               
                     HOUSE FINANCE COMMITTEE                                   
                         April 25, 1994                                        
                            3:30 P.M.                                          
                                                                               
  TAPE HFC 94 - 141, Side 2, #000 - end.                                       
  TAPE HFC 94 - 142, Side 1, #000 - #265.                                      
                                                                               
  CALL TO ORDER                                                                
                                                                               
  Co-Chair Larson called  the House Finance Committee  meeting                 
  to order at 3:30 P.M.                                                        
                                                                               
  PRESENT                                                                      
                                                                               
  Co-Chair Larson               Representative Hoffman                         
  Co-Chair MacLean              Representative Martin                          
  Vice-Chair Hanley             Representative Navarre                         
  Representative Brown          Representative Parnell                         
  Representative Grussendorf    Representative Therriault                      
                                                                               
  Representative Foster was not present for the meeting.                       
                                                                               
  ALSO PRESENT                                                                 
                                                                               
  Margo Knuth, Assistant Attorney General, Criminal  Division,                 
  Department of Law.                                                           
                                                                               
  SUMMARY                                                                      
                                                                               
  SB 24     An Act extending  the maximum period  of probation                 
            after conviction.                                                  
                                                                               
            SB  24  was  reported out  of  Committee  with "no                 
            recommendations"  and with  a fiscal  note by  the                 
            Department of  Corrections dated 3/02/94  and zero                 
            fiscal notes  by the  Department of  Public Safety                 
            dated  3/02/94 and  the Alaska Court  System dated                 
            3/02/94.                                                           
                                                                               
  SB 350    An Act  relating  to a  defendant's  violation  of                 
            conditions  of  release;   and  providing  for  an                 
            effective date.                                                    
                                                                               
            SB  350 was reported  out of Committee  with a "do                 
            pass" recommendation and with a fiscal note by the                 
            Department of  Corrections dated 3/09/94  and zero                 
            fiscal  notes  by  the  Department  of  Law  dated                 
            3/09/94,  the  Department of  Public  Safety dated                 
                                                                               
                                5                                              
                                                                               
                                                                               
            3/09/94 and the Department of Administration dated                 
            3/09/94.                                                           
                                                                               
  SB 351    An  Act  amending  Alaska  Rule  of  Evidence 404,                 
            relating to the admissibility of certain character                 
            evidence in court proceedings.                                     
                                                                               
            SB 351  was reported out  of Committee with  a "do                 
  pass"          recommendation and with  zero fiscal notes by                 
                 the  Department  of  Law  dated 3/09/94,  the                 
                 Department of Public Safety dated 3/09/94 and                 
                 the   Department   of   Administration  dated                 
                 3/09/94.                                                      
                                                                               
  HJR 65    Proposing  amendments to  the Constitution  of the                 
            State of  Alaska  relating to  the budget  reserve                 
            fund.                                                              
                                                                               
            HJR 65 was  reported out of  Committee with a  "do                 
  pass"          recommendation and with a zero fiscal note by                 
                 the Office of the Governor.                                   
                                                                               
  SENATE BILL 350                                                              
                                                                               
       "An  Act   relating  to  a   defendant's  violation  of                 
       conditions of  release; and providing for  an effective                 
       date."                                                                  
                                                                               
  Representative Brown  asked which  crimes and  circumstances                 
  would give police  the ability to make  warrantless arrests.                 
  Co-Chair MacLean  replied that  the bill  would give  police                 
  that  authority  when  an  offender  had been  convicted  of                 
  stalking, assault, sexual assault or other domestic violence                 
  crimes and in the  act of violating the terms of  release by                 
  hassling a victim.                                                           
                                                                               
  MARGO KNUTH, ASSISTANT ATTORNEY  GENERAL, CRIMINAL DIVISION,                 
  DEPARTMENT OF  LAW, clarified  that the  warrantless arrests                 
  could  be  made   for  a   violation  of  bail   conditions.                 
  Currently, the  police have  the authority  to make  arrests                 
  without  a  warrant   for  all  felonies  and   for  certain                 
  misdemeanors  particularly  domestic  violence  and  certain                 
  assault.  She continued  that the legislation would  allow a                 
  warrantless arrest for  the violation of bail  conditions in                 
  those same cases.                                                            
                                                                               
  Co-Chair MacLean  MOVED to  report SB  350 out  of Committee                 
  with  individual recommendations  and with  the accompanying                 
  fiscal notes.  There being NO OBJECTIONS, it was so ordered.                 
                                                                               
  SB  350  was reported  out  of  Committee with  a  "do pass"                 
  recommendation and with  a fiscal note  by he Department  of                 
                                                                               
                                6                                              
                                                                               
                                                                               
  Corrections dated 3/09/94,  and the zero fiscal notes by the                 
  Department of Law  dated 3/09/94,  the Department of  Public                 
  Safety dated  3/09/94 and  the Department  of Administration                 
  dated 3/09/94.                                                               
                                                                               
  SENATE BILL 351                                                              
                                                                               
       "An Act amending Alaska Rule  of Evidence 404, relating                 
       to  the admissibility of  certain character evidence in                 
       court proceedings."                                                     
                                                                               
  Ms. Knuth explained SB  351 would seek to help  solve sexual                 
  abuse problems.   The legislation would  amend the rules  of                 
  evidence so that victims would not be "put on trial" by  the                 
  accused rapist.   The proposed legislation would  delete the                 
  unnecessary language in Rule 404 that  has made it difficult                 
  to prosecute repeat child molesters.  As the  rule currently                 
  reads,  it has been  interpreted by some  judges to indicate                 
  that  the  jury could  learn  that an  accused  molester had                 
  abused other children  only if the  court finds that it  was                 
  part of a very specific "common  scheme or plan".  The  bill                 
  would  address  that  problem  by  simply  eliminating  that                 
  phrase.                                                                      
                                                                               
  Representative  Navarre  MOVED  to  report  SB  350  out  of                 
  Committee  with  individual  recommendations  and  with  the                 
  accompanying fiscal notes.   There  being NO OBJECTIONS,  it                 
  was so ordered.                                                              
                                                                               
  SB  350  was reported  out  of  Committee with  a  "do pass"                 
  recommendations and with zero fiscal notes by the Department                 
  of Law  dated 3/09/94, the Department of Public Safety dated                 
  3/09/94 and the Department  of Administration dated 3/09/94.                 
                                                                               
                                                                               
  SENATE BILL 24                                                               
                                                                               
       "An Act extending the maximum period of probation after                 
       conviction."                                                            
                                                                               
  Ms. Knuth advised that SB 24 would extend the maximum period                 
  of probation after conviction  from five to ten years.   She                 
  added  that  the  legislation  would  give  law  enforcement                 
  officials an effective  tool for keeping track  of criminals                 
  and preventing  recidivism after  they have  left the  state                 
  prison system.                                                               
                                                                               
  Discussion  followed among  Committee members  regarding the                 
  fiscal impact to the Department of Corrections.                              
                                                                               
  Representative Hanley MOVED to report SB 24 out of Committee                 
  with individual  recommendations and  with the  accompanying                 
                                                                               
                                7                                              
                                                                               
                                                                               
  fiscal notes.  There being NO OBJECTIONS, it was so ordered.                 
                                                                               
  SB   24   was   reported   out   of   Committee   with   "no                 
  recommendations" and with a fiscal note by the Department of                 
  Corrections  dated  3/02/94  and zero  fiscal  notes  by the                 
  Department of Public Safety dated  3/02/94, the Alaska Court                 
  System  dated  3/02/94  and  the  Department  of  Law  dated                 
  3/02/94.                                                                     
                                                                               
  HOUSE JOINT RESOLUTION 65                                                    
                                                                               
       Proposing amendments  to the Constitution of  the State                 
       of Alaska relating to the budget reserve fund.                          
                                                                               
  Co-Chair MacLean  MOVED to  report HJR  65 out  of Committee                 
  with individual  recommendations and  with the  accompanying                 
  fiscal    note.        Representative    Martin    OBJECTED.                 
  Representative Therriault advised that the recent court case                 
  have  showed that certain portions  of what is available for                 
  appropriation is not clear.                                                  
                                                                               
  Representative Martin thought that the legislation would tie                 
  the Legislature's hand and force other options for using the                 
  permanent fund dividend  earnings first.   He stressed  that                 
  Section 17 was not supported by State citizens.                              
                                                                               
  Representative  Navarre  noted that  the  Committee had  not                 
  given  the  amendment  enough  scrutiny.    Co-Chair  Larson                 
  replied that there  were three  provisions addressed by  the                 
  legislation:                                                                 
                                                                               
            1.   What  is  available  for  appropriations  and                 
                 under what  conditions there  would be  a 2/3                 
                 vote or a 3/4 vote required;                                  
            2.   The 3/4 vote requirement; and                                 
            3.   The  payback  simplified  by a  3/4  vote and                 
                 elimination of those complications.                           
                                                                               
  (Tape Change, HFC 94-142, Side 1).                                           
                                                                               
  A roll call  vote was taken on  the MOTION to move  the bill                 
  from Committee.                                                              
                                                                               
       IN FAVOR:      Brown,  Grussendorf,   Hanley,  Parnell,                 
                      Larson, MacLean.                                         
       OPPOSED:       Hoffman, Martin, Navarre, Therriault.                    
                                                                               
  Representative Foster was not present for the vote.                          
                                                                               
  The MOTION PASSED (6-4).                                                     
                                                                               
  HJR  65  was   reported  out   of  Committee   with  a   "no                 
                                                                               
                                8                                              
                                                                               
                                                                               
  recommendation" and with a fiscal note  by the Office of the                 
  Governor.                                                                    
                                                                               
  ADJOURNMENT                                                                  
                                                                               
  The meeting adjourned at 4:25 P.M.                                           
                                                                               
                                                                               
                                9                                              

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