Legislature(1995 - 1996)

04/22/1995 01:30 PM FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
                                                                               
                     HOUSE FINANCE COMMITTEE                                   
                         APRIL 22, 1995                                        
                            1:30 P.M.                                          
                                                                               
  TAPE HFC 95 - 95, Side 1, #000 - end.                                        
  TAPE HFC 95 - 95, Side 2, #000 - end.                                        
                                                                               
  CALL TO ORDER                                                                
                                                                               
  Co-Chair  Mark Hanley  called  the  House Finance  Committee                 
  meeting to order at 1:30 P.M.                                                
                                                                               
  PRESENT                                                                      
                                                                               
  Co-Chair Hanley               Representative Kohring                         
  Co-Chair Foster               Representative Martin                          
  Representative Mulder         Representative Navarre                         
  Representative Brown          Representative Kelly                           
  Representative Grussendorf    Representative Therriault                      
                                                                               
  Representative Parnell was not present for the meeting.                      
                                                                               
  ALSO PRESENT                                                                 
                                                                               
  Laurie  Otto, Deputy  Attorney  General, Criminal  Division,                 
  Department of Law; Margo Knuth,  Assistant Attorney General,                 
  Department of Law; Joshua Fink, Staff to Senator Kelly; Mary                 
  Vollendorf, Staff to Senator Leman.                                          
                                                                               
  SUMMARY                                                                      
                                                                               
  HB 201    An   Act   relating   to    prisoner   litigation,                 
            post-conviction relief, sentence appeals, amending                 
            Alaska  Administrative Rule  10,  Alaska Rules  of                 
            Appellate Procedure 204, 208, 209, 215,  521, 603,                 
            and 604,  and Alaska  Rules of  Criminal Procedure                 
            11,  33,  35,  and  35.1;  and  providing  for  an                 
            effective date.                                                    
                                                                               
            CS HB 201 (FIN) was reported out of Committee with                 
            a "do  pass" recommendation  and with zero  fiscal                 
            notes  by the Alaska  Court System, the Department                 
            of   Law   dated   2/27/95,  the   Department   of                 
            Corrections  dated  2/27/95,  the   Department  of                 
            Public  Safety  dated  2/27/95 and  two  from  the                 
            Department of Administration dated 2/27/95.                        
                                                                               
  SB  5     An Act  prescribing the use and characteristics of                 
            voting booths employed in elections and  the color                 
            of ballots used in state primary elections.                        
                                                                               
                                1                                              
                                                                               
                                                                               
            HCS CS  SB 5 (FIN)  was reported out  of Committee                 
            with a "do  pass" recommendation  and with a  zero                 
            fiscal note by  the Office  of the Governor  dated                 
            2/16/95.                                                           
                                                                               
  SB 14     An Act relating to criminal mischief.                              
                                                                               
            CS  SB 14 (JUD) was reported out of Committee with                 
            a "do pass" recommendation  and with fiscal impact                 
            notes by the Alaska Court System dated 3/6/95, the                 
            Department  of  Public  Safety dated  3/6/95,  the                 
            Department  of Law dated 3/6/95, the Department of                 
            Administration dated 3/15/95 and zero fiscal notes                 
            by the  Department of  Public Safety dated  3/6/95                 
            and the Department of Corrections dated 3/6/95.                    
  HOUSE BILL 201                                                               
                                                                               
       "An    Act    relating    to    prisoner    litigation,                 
       post-conviction  relief,  sentence   appeals,  amending                 
       Alaska  Administrative   Rule  10,   Alaska  Rules   of                 
       Appellate Procedure 204,  208, 209, 215, 521,  603, and                 
       604, and Alaska Rules of Criminal Procedure 11, 33, 35,                 
       and 35.1; and providing for an effective date."                         
                                                                               
  Representative Brown explained that Amendment #1 [Attachment                 
  of the appeal within a sixty day time period.                                
                                                                               
  LAURIE  OTTO,  DEPUTY ATTORNEY  GENERAL,  CRIMINAL DIVISION,                 
  DEPARTMENT OF  LAW, indicated that change made to the notice                 
  of  appeal  through the  amendment  was  the intent  of  the                 
  Department and that the amendment  provided clarification.                   
                                                                               
                                                                               
  Representative Brown  MOVED to  adopt Amendment  #1.   There                 
  being NO OBJECTION, it was adopted.                                          
                                                                               
  Representative Brown explained Amendment  #2 [Attachment #2]                 
  which would delete "60  days" and insert "120 days"  on Page                 
  18,  Line 14.  The language would then read: "(1) may modify                 
  or reduce a sentence within 120  days of the distribution of                 
  the written  judgement upon a  motion made  in the  original                 
  criminal case;".   Representative  Brown thought  the change                 
  would provide more flexibility in consideration of  sentence                 
  reduction.                                                                   
                                                                               
  Ms.   Otto   noted  that   120   days  would   be  adequate.                 
  Representative Brown  MOVED to  adopt Amendment  #2.   There                 
  being NO OBJECTION, it was adopted.                                          
                                                                               
                                                                               
                                2                                              
                                                                               
                                                                               
  Representative Brown MOVED to adopt Amendment #3 [Attachment                 
  for the burden of proof.  She advised that with the  current                 
  language, it would always be the  applicant that had to bear                 
  the burden of proof  by clear and convincing evidence.   The                 
  new  language  would  state  that   the  evidence  could  be                 
  different and it would then clarify that.                                    
                                                                               
  Ms. Otto agreed that this was a court rule and that it would                 
  provide greater  clarification.  There being  NO OBJECTIONS,                 
  Amendment #3 was adopted.                                                    
                                                                               
  Representative Navarre MOVED to delete  language on Page 17,                 
  Lines  26-28: "The  court may  not  grant a  new trial  to a                 
  defendant on the ground that  the jury's verdict is contrary                 
  to the weight of the evidence".  He stated that language was                 
  already included in Rule 33.                                                 
                                                                               
  Ms. Otto commented that the judge clearly has that authority                 
  now, and  would continue  to have  that authority  after the                 
  bill was  passed.   She  noted that  deleting that  language                 
  would not have a significant impact on the legislation.                      
                                                                               
  Representative  Martin pointed  out  that  the language  was                 
  within the text of Rule 33 and should remain in the proposed                 
  legislation.   Representative  Navarre stated  that the  new                 
  language was "narrowly"  defined.  He stressed  that removal                 
  of  that  language  would  not  have a  significant  impact.                 
  Representative Martin disagreed.                                             
                                                                               
  Co-Chair Hanley explained that the  addition of the language                 
  would create a slight policy change,  in that it would limit                 
  the time before  the jury meets.   Currently, that situation                 
  could be addressed before either the jury meets or after the                 
  verdict is provided.   Ms.  Otto agreed with  Representative                 
  Hanley.  She clarified that this would be a minor change and                 
  that it would  not affect the  contents; she added that  the                 
  Department of Law would support  the change.  Representative                 
  Martin OBJECTED to Amendment #3.                                             
                                                                               
  A roll call was taken on the MOTION to adopt Amendment #3.                   
                                                                               
       IN FAVOR:      Navarre,   Brown,   Grussendorf,  Kelly,                 
                      Kohring, Foster, Hanley                                  
       OPPOSED:       Therriault, Martin                                       
                                                                               
  Representatives Mulder and Parnell were  not present for the                 
  vote.                                                                        
                                                                               
  The MOTION PASSED (7-2).                                                     
                                                                               
  Representative Navarre MOVED to  report CS HB 201  (FIN) out                 
                                                                               
                                3                                              
                                                                               
                                                                               
  of Committee  with individual  recommendations and with  the                 
  accompanying fiscal notes.                                                   
                                                                               
  CS  HB 201  (FIN) was reported  out of Committee  with a "do                 
  pass"  recommendation  and  with zero  fiscal  notes  by the                 
  Alaska Court System,  the Department  of Law dated  2/27/95,                 
  the Department of Corrections dated  2/27/95, the Department                 
  of Public Safety dated 2/27/95 and  two by the Department of                 
  Administration dated 2/27/95.                                                
  SENATE BILL  5                                                               
                                                                               
       "An  Act  prescribing the  use  and characteristics  of                 
       voting booths employed  in elections  and the color  of                 
       ballots used in state primary elections."                               
                                                                               
  JOSHUA FINK, STAFF TO SENATOR TIM KELLY, explained  that the                 
  proposed  legislation was  designed  to address  concerns by                 
  ensuring the secrecy of ballots and the privacy of voting in                 
  two ways.   It would require that half of all booths at each                 
  precinct be curtained  booths, and  also having all  primary                 
  ballots printed on white paper only.                                         
                                                                               
  He  added that the ballot a  voter chooses and how they cast                 
  their  vote  is   a  secret   matter,  not   to  be   shared                 
  indiscriminately without consent.  The  secret ballot is one                 
  of the basic protections in a democracy.  Mr. Fink concluded                 
  that the proposed  legislation would remedy the  corruptions                 
  within the  voting process,  adding that  it carried  a zero                 
  fiscal note.                                                                 
                                                                               
  Mr. Fink stated that Sections  9-21 incorporate the entirety                 
  of  HB  132,  upon  Representative  Mackie's request.    The                 
  legislation would require  candidates running for  office to                 
  run  on the  primary  ballot.   Mr. Fink  provided Committee                 
  members an overview of each section within SB 5.                             
                                                                               
  Representative Brown questioned the "rotation" process.  Mr.                 
  Fink commented  that  a greater  effect  would happen  if  a                 
  candidate  represented  more than  one  district.   Mr. Fink                 
  referenced a proposed  amendment [Attachment #4] to  Page 1,                 
  Line 6, deleting the words "the back of".                                    
                                                                               
  Representative  Brown asked how  the legislation  would work                 
  for the  independent candidates.   She  understood that  all                 
  independent candidates would  have to file before  June 1st;                 
  and should more than three  candidates file, that they would                 
  have that same "windowing".   She pointed out that  a person                 
  could pick any  name combination creating  a unique name  in                 
  order to qualifty for the ballot.                                            
                                                                               
  Mr. Fink clarified  that the person  in that category  could                 
                                                                               
                                4                                              
                                                                               
                                                                               
  file as an independent  and could pick any name  they wanted                 
  to  avoid  being lumped  in  with the  other "independents".                 
  Nothing  in  the  bill  would  prevent that  from  occuring,                 
  although, he added that the thrust of the legislation  would                 
  allow no one to skip the primary.                                            
                                                                               
  Representative Therriault explained that the  purpose of the                 
  primary election  was to choose  "a" person from  "a" party.                 
  Co-Chair Hanley interjected that concept was  being changed.                 
  To be an  officially recognized  "party" requires a  certain                 
  percentage of votes on  the statewide ballot.  In  the past,                 
  one appeared on a primary ballot  and was then registered as                 
  a recognized  participant.  Mr. Fink explained  that Page 7,                 
  Section #17,  portion (a)  and (b)  clarifies that  language                 
  used for "political groups" rather than "parties".                           
                                                                               
  Representative  Brown   distributed  and   MOVED  to   adopt                 
  Amendment  #1.   [Attachment #5].    Mr. Fink  supported the                 
  amendment.  There being NO OBJECTION, it was adopted.                        
                                                                               
  Representative   Brown   MOVED   to  adopt   Amendment   #2.                 
  [Attachment #4].  There being NO OBJECTION, it was  adopted.                 
                                                                               
                                                                               
  Representative Martin MOVED to report HCS  CS SB 5 (FIN) out                 
  of Committee  with individual  recommendations and  with the                 
  accompanying fiscal note.                                                    
                                                                               
  HCS CS SB 5 (FIN) was  reported out of Committee with a  "do                 
  pass" recommendation and with a fiscal note by the Office of                 
  the Governor dated 2/16/95.                                                  
  SENATE BILL 14                                                               
                                                                               
       "An Act relating to criminal mischief."                                 
                                                                               
  MARY VOLLENDORF,  STAFF  TO SENATOR  LOREN LEMAN,  explained                 
  that SB 14 was introduced as a result to the recent increase                 
  in auto thefts, especially in the urban areas, followed by a                 
  lack of convictions.   Under the  current law, the crime  of                 
  "joyriding" is  a Class A misdemeanor, the second offense is                 
  a Class  C felony.   She  added that  joyriding is  commonly                 
  associated with juveniles and that SB 14 targets that group.                 
  She stated that the  bill would help decrease the  number of                 
  vehicles stolen,  and the tremendous dollar  losses suffered                 
  by insurance companies and the victims of theft.                             
                                                                               
  Representative  Mulder  asked  how long  the  length  of the                 
  increased sentence would  be.   Ms. Vollendorf replied  that                 
  there  was not  a  mandatory sentence  for  juveniles.   The                 
  decision would be determined by the judge.                                   
                                                                               
                                                                               
                                5                                              
                                                                               
                                                                               
  Representative Grussendorf  commented if the fiscal note was                 
  adequate to  accommodate the  fiscal obligations  associated                 
  with the legislation.                                                        
                                                                               
  Representative  Brown  asked  the   penalty  for  the  first                 
  offense.    Ms. Vollendorf  replied  that the  first offense                 
  would be a Class A  misdemeanor for a juvenile or an  adult.                 
  The second  offense for an adult would  be a Class C felony,                 
  although, that offense  would remain  a Class A  misdemeanor                 
  for a juvenile until 18 years  of age.  Representative Brown                 
  asked  if   Class  A  misdemeanor   would  carry   mandatory                 
  imprisonment.    Ms.  Vollendorf advised  that  it  would be                 
  mandatory   for   an  adult,   but   not  for   a  juvenile.                 
  Representative Brown inquired if consideration had been made                 
  to placing a floor on the age.                                               
                                                                               
  MARGO KNUTH, ASSISTANT ATTORNEY GENERAL, CRIMINAL  DIVISION,                 
  DEPARTMENT OF  LAW, responded  that if the  defendant was  a                 
  juvenile, a sentence  could be imposed  and they would  then                 
  serve in detention rather than in prison.  The Department of                 
  Law  anticipates,  given the  youthfulness of  the defender,                 
  that  it  could be  possible that  they  not have  a record,                 
  making them an  ideal candidate  for a Suspended  Imposition                 
  Sentence (SIS).   She added, then  the emphasis would be  on                 
  deterrence and rehabilitation through the SIS.                               
                                                                               
  Ms.  Knuth  reiterated that  the  intent of  the legislation                 
  would be to alleviate juvenile joyriding as it appears to be                 
  escalating.  The hope is that  when the juvenile is required                 
  to appear before a judge, that they will then come to have a                 
  greater appreciation for the seriousness of the conduct.                     
                                                                               
  Representative Brown asked if the  suspension of the drivers                 
  license would be automatic.  Ms. Knuth stated that there was                 
  an option of suspension  contained in Page 3, Section  5, AS                 
  28.15.1(a),   1(b)   which   currently    authorizes   court                 
  revocations of the drivers licenses.  She continued, Section                 
  4 would be added.   It is the criminal mischief offense, the                 
  joyriding offense.                                                           
                                                                               
  Representative  Mulder   noted  that   the   focus  of   the                 
  legislation would not be on repeated offenders as much as it                 
  was aimed at the initial offender.   Ms. Knuth agreed.   She                 
  pointed out that offenses in many  areas have doubled in the                 
  past couple of  years.   One half  of all  the offenses  are                 
  being committed  by juveniles.   Ms.  Knuth stated that  the                 
  legislative sanctions would  help in addressing the  "out of                 
  control" juvenile offenders.                                                 
                                                                               
  (Tape Change, HFC 95-95, Side 2).                                            
                                                                               
  Representative Brown asked the  difference between the third                 
                                                                               
                                6                                              
                                                                               
                                                                               
  and the fourth degree  of the joyriding offense.   Ms. Knuth                 
  explained  that the  fourth degree  offense would  be for  a                 
  passenger in the vehicle and would be a Class B misdemeanor;                 
  the "criminal  mischief" offense in the third  degree is for                 
  the person who  takes the  car; that would  be classified  a                 
  Class  A  misdemeanor  unless you  are  an  adult.   If  the                 
  offender is an adult, and it was a  second offense, it would                 
  then be a Class C felony.                                                    
                                                                               
  Representative  Brown inquired  how  many  persons would  be                 
  expected to be convicted by the offense of "joyriding".  She                 
  pointed out that the Department had mentioned an anticipated                 
  increase  of  1000  cases  per  year.    She  spoke  to  the                 
  understaffing currently existing within the Department.                      
                                                                               
  Ms. Knuth replied that should the  legislation be funded, it                 
  would then receive the Department's attention, although, she                 
  pointed  out  that  prosecutions would  be  expensive.   The                 
  Department of Law  has indicated that their  priorities will                 
  be "crimes of violence".  She indicated that the legislation                 
  would fall below the top priority defense list.                              
                                                                               
  Representative Mulder MOVED to report CS  SB 14 (JUD) out of                 
  Committee  with  individual  recommendations  and  with  the                 
  accompanying fiscal notes. There being  NO OBJECTION, it was                 
  so ordered.                                                                  
                                                                               
  CS SB  14 (JUD)  was reported  out of  Committee with  a "do                 
  pass" recommendation  and with  fiscal notes  by the  Alaska                 
  Court System dated  3/6/95, the Department of  Public Safety                 
  dated  3/6/95,  the  Department  of  Law dated  3/6/95,  the                 
  Department of  Administration dated 3/15/95  and zero fiscal                 
  notes by  the Department of  Public Safety dated  3/6/95 and                 
  the Department of Corrections dated 3/6/95.  #                               
  ADJOURNMENT                                                                  
                                                                               
  The meeting adjourned at 2:20 P.M.                                           
                                                                               
                                                                               
                     HOUSE FINANCE COMMITTEE                                   
                         APRIL 22, 1995                                        
                            1:30 P.M.                                          
                                                                               
  TAPE HFC 95 - 95, Side 1, #000 - end.                                        
  TAPE HFC 95 - 95, Side 2, #000 - end.                                        
                                                                               
  CALL TO ORDER                                                                
                                                                               
  Co-Chair  Mark  Hanley  called the  House  Finance Committee                 
  meeting to order at 1:30 P.M.                                                
                                                                               
                                                                               
                                7                                              
                                                                               
                                                                               
  PRESENT                                                                      
                                                                               
  Co-Chair Hanley               Representative Kohring                         
  Co-Chair Foster               Representative Martin                          
  Representative Mulder         Representative Navarre                         
  Representative Brown          Representative Kelly                           
  Representative Grussendorf    Representative Therriault                      
                                                                               
  Representative Parnell was not present for the meeting.                      
                                                                               
  ALSO PRESENT                                                                 
                                                                               
  Laurie  Otto,  Deputy Attorney  General,  Criminal Division,                 
  Department of Law; Margo Knuth,  Assistant Attorney General,                 
  Department of Law; Joshua Fink, Staff to Senator Kelly; Mary                 
  Vollendorf, Staff to Senator Leman.                                          
                                                                               
  SUMMARY                                                                      
                                                                               
  HB 201    An   Act   relating   to    prisoner   litigation,                 
            post-conviction relief, sentence appeals, amending                 
            Alaska  Administrative  Rule 10,  Alaska  Rules of                 
            Appellate Procedure 204, 208, 209, 215,  521, 603,                 
            and 604,  and Alaska  Rules of  Criminal Procedure                 
            11,  33,  35,  and  35.1;  and  providing  for  an                 
            effective date.                                                    
                                                                               
            CS HB 201 (FIN) was reported out of Committee with                 
            a "do  pass" recommendation  and with zero  fiscal                 
            notes  by the Alaska  Court System, the Department                 
            of   Law   dated   2/27/95,   the  Department   of                 
            Corrections  dated  2/27/95,  the   Department  of                 
            Public  Safety  dated  2/27/95 and  two  from  the                 
            Department of Administration dated 2/27/95.                        
                                                                               
  SB  5     An Act  prescribing the use and characteristics of                 
            voting booths employed in elections and  the color                 
            of ballots used in state primary elections.                        
                                                                               
            HCS CS SB  5 (FIN) was  reported out of  Committee                 
            with a "do  pass" recommendation  and with a  zero                 
            fiscal note by  the Office  of the Governor  dated                 
            2/16/95.                                                           
                                                                               
  SB 14     An Act relating to criminal mischief.                              
                                                                               
            CS SB 14 (JUD) was  reported out of Committee with                 
            a  "do pass" recommendation and with fiscal impact                 
            notes by the Alaska Court System dated 3/6/95, the                 
            Department of  Public  Safety  dated  3/6/95,  the                 
            Department of Law dated 3/6/95, the  Department of                 
            Administration dated 3/15/95 and zero fiscal notes                 
                                                                               
                                8                                              
                                                                               
                                                                               
            by the  Department of  Public Safety dated  3/6/95                 
            and the Department of Corrections dated 3/6/95.                    
                                                                               
  HOUSE BILL 201                                                               
                                                                               
       "An    Act    relating    to    prisoner    litigation,                 
       post-conviction  relief,  sentence   appeals,  amending                 
       Alaska  Administrative   Rule  10,   Alaska  Rules   of                 
       Appellate Procedure 204,  208, 209, 215, 521,  603, and                 
       604, and Alaska Rules of Criminal Procedure 11, 33, 35,                 
       and 35.1; and providing for an effective date."                         
                                                                               
  Representative Brown explained that Amendment #1 [Attachment                 
  of the appeal within a sixty day time period.                                
                                                                               
  LAURIE  OTTO, DEPUTY  ATTORNEY  GENERAL, CRIMINAL  DIVISION,                 
  DEPARTMENT  OF LAW, indicated that change made to the notice                 
  of appeal  through  the  amendment was  the  intent  of  the                 
  Department and that the amendment  provided clarification.                   
                                                                               
                                                                               
  Representative Brown  MOVED to  adopt Amendment  #1.   There                 
  being NO OBJECTION, it was adopted.                                          
                                                                               
  Representative Brown explained Amendment #2 [Attachment  #2]                 
  which would delete "60  days" and insert "120 days"  on Page                 
  18, Line 14.  The language  would then read: "(1) may modify                 
  or reduce a sentence within 120  days of the distribution of                 
  the  written judgement upon  a motion  made in  the original                 
  criminal case;".   Representative  Brown thought  the change                 
  would provide more flexibility in consideration of  sentence                 
  reduction.                                                                   
                                                                               
  Ms.   Otto   noted  that   120   days  would   be  adequate.                 
  Representative Brown  MOVED to  adopt Amendment  #2.   There                 
  being NO OBJECTION, it was adopted.                                          
                                                                               
  Representative Brown MOVED to adopt Amendment #3 [Attachment                 
  for the burden of proof.  She advised that with  the current                 
  language, it would always be the  applicant that had to bear                 
  the burden of proof  by clear and convincing evidence.   The                 
  new  language  would  state  that   the  evidence  could  be                 
  different and it would then clarify that.                                    
                                                                               
  Ms. Otto agreed that this was a court rule and that it would                 
  provide greater clarification.   There being  NO OBJECTIONS,                 
  Amendment #3 was adopted.                                                    
                                                                               
  Representative Navarre MOVED to delete  language on Page 17,                 
  Lines 26-28:  "The court  may  not grant  a new  trial to  a                 
                                                                               
                                9                                              
                                                                               
                                                                               
  defendant on the  ground that the jury's verdict is contrary                 
  to the weight of the evidence".  He stated that language was                 
  already included in Rule 33.                                                 
                                                                               
  Ms. Otto commented that the judge clearly has that authority                 
  now, and  would continue  to have  that authority  after the                 
  bill  was  passed.   She noted  that deleting  that language                 
  would not have a significant impact on the legislation.                      
                                                                               
  Representative  Martin pointed  out  that  the language  was                 
  within the text of Rule 33 and should remain in the proposed                 
  legislation.   Representative  Navarre stated  that the  new                 
  language was "narrowly"  defined.  He stressed  that removal                 
  of  that  language  would  not  have a  significant  impact.                 
  Representative Martin disagreed.                                             
                                                                               
  Co-Chair Hanley explained that the  addition of the language                 
  would create a slight policy change,  in that it would limit                 
  the  time before the jury  meets.  Currently, that situation                 
  could be addressed before either the jury meets or after the                 
  verdict is provided.   Ms.  Otto agreed with  Representative                 
  Hanley.  She clarified that this would be a minor change and                 
  that it would  not affect the  contents; she added that  the                 
  Department of Law would support  the change.  Representative                 
  Martin OBJECTED to Amendment #3.                                             
                                                                               
  A roll call was taken on the MOTION to adopt Amendment #3.                   
                                                                               
       IN FAVOR:      Navarre,   Brown,  Grussendorf,   Kelly,                 
                      Kohring, Foster, Hanley                                  
       OPPOSED:       Therriault, Martin                                       
                                                                               
  Representatives Mulder and Parnell were  not present for the                 
  vote.                                                                        
                                                                               
  The MOTION PASSED (7-2).                                                     
                                                                               
  Representative Navarre MOVED  to report CS HB  201 (FIN) out                 
  of Committee  with individual recommendations  and with  the                 
  accompanying fiscal notes.                                                   
                                                                               
  CS HB  201 (FIN) was  reported out of  Committee with a  "do                 
  pass"  recommendation  and  with zero  fiscal  notes  by the                 
  Alaska Court System,  the Department  of Law dated  2/27/95,                 
  the Department of Corrections  dated 2/27/95, the Department                 
  of Public Safety dated 2/27/95 and  two by the Department of                 
  Administration dated 2/27/95.                                                
                                                                               
  SENATE BILL  5                                                               
                                                                               
       "An Act  prescribing  the use  and  characteristics  of                 
       voting booths employed  in elections  and the color  of                 
                                                                               
                               10                                              
                                                                               
                                                                               
       ballots used in state primary elections."                               
                                                                               
  JOSHUA FINK, STAFF TO SENATOR TIM KELLY,  explained that the                 
  proposed  legislation was  designed  to address  concerns by                 
  ensuring the secrecy of ballots and the privacy of voting in                 
  two ways.  It would require that half of all booths  at each                 
  precinct be curtained  booths, and  also having all  primary                 
  ballots printed on white paper only.                                         
                                                                               
  He added that the ballot a  voter chooses and how they  cast                 
  their  vote   is  a   secret  matter,   not  to   be  shared                 
  indiscriminately without consent.  The  secret ballot is one                 
  of the basic protections in a democracy.  Mr. Fink concluded                 
  that the proposed  legislation would remedy the  corruptions                 
  within the  voting process,  adding that  it carried  a zero                 
  fiscal note.                                                                 
                                                                               
  Mr. Fink stated that Sections  9-21 incorporate the entirety                 
  of  HB  132,  upon  Representative  Mackie's request.    The                 
  legislation would require  candidates running for  office to                 
  run on  the  primary ballot.   Mr.  Fink provided  Committee                 
  members an overview of each section within SB 5.                             
                                                                               
  Representative Brown questioned the "rotation" process.  Mr.                 
  Fink  commented  that a  greater  effect would  happen  if a                 
  candidate  represented  more than  one  district.   Mr. Fink                 
  referenced a proposed  amendment [Attachment #4] to  Page 1,                 
  Line 6, deleting the words "the back of".                                    
                                                                               
  Representative  Brown asked how  the legislation  would work                 
  for the  independent candidates.   She  understood that  all                 
  independent candidates would  have to file before  June 1st;                 
  and should more than three  candidates file, that they would                 
  have that same "windowing".   She pointed out that  a person                 
  could pick  any name combination  creating a unique  name in                 
  order to qualifty for the ballot.                                            
                                                                               
  Mr. Fink  clarified that the  person in that  category could                 
  file as an independent  and could pick any name  they wanted                 
  to  avoid  being lumped  in  with the  other "independents".                 
  Nothing  in  the  bill  would  prevent that  from  occuring,                 
  although, he added that the  thrust of the legislation would                 
  allow no one to skip the primary.                                            
                                                                               
  Representative Therriault explained that  the purpose of the                 
  primary election was  to choose "a"  person from "a"  party.                 
  Co-Chair Hanley interjected that  concept was being changed.                 
  To be an  officially recognized  "party" requires a  certain                 
  percentage of votes on  the statewide ballot.  In  the past,                 
  one appeared on a primary ballot  and was then registered as                 
  a recognized participant.   Mr. Fink explained  that Page 7,                 
  Section #17,  portion (a)  and (b)  clarifies that  language                 
                                                                               
                               11                                              
                                                                               
                                                                               
  used for "political groups" rather than "parties".                           
                                                                               
  Representative   Brown  distributed   and  MOVED   to  adopt                 
  Amendment #1.   [Attachment  #5].   Mr.  Fink supported  the                 
  amendment.  There being NO OBJECTION, it was adopted.                        
                                                                               
  Representative   Brown   MOVED   to   adopt  Amendment   #2.                 
  [Attachment #4].  There being NO OBJECTION, it  was adopted.                 
                                                                               
                                                                               
  Representative Martin MOVED to report HCS  CS SB 5 (FIN) out                 
  of Committee  with individual  recommendations and  with the                 
  accompanying fiscal note.                                                    
                                                                               
  HCS CS  SB 5 (FIN) was reported out  of Committee with a "do                 
  pass" recommendation and with a fiscal note by the Office of                 
  the Governor dated 2/16/95.                                                  
                                                                               
  SENATE BILL 14                                                               
                                                                               
       "An Act relating to criminal mischief."                                 
                                                                               
  MARY VOLLENDORF,  STAFF  TO SENATOR  LOREN LEMAN,  explained                 
  that SB 14 was introduced as a result to the recent increase                 
  in auto thefts, especially in the urban areas, followed by a                 
  lack of convictions.   Under the  current law, the crime  of                 
  "joyriding"  is a Class A misdemeanor, the second offense is                 
  a Class  C felony.   She  added that  joyriding is  commonly                 
  associated with juveniles and that SB 14 targets that group.                 
  She stated that the  bill would help decrease the  number of                 
  vehicles stolen,  and the tremendous dollar  losses suffered                 
  by insurance companies and the victims of theft.                             
                                                                               
  Representative  Mulder  asked  how long  the  length  of the                 
  increased sentence would  be.   Ms. Vollendorf replied  that                 
  there was  not  a mandatory  sentence  for juveniles.    The                 
  decision would be determined by the judge.                                   
                                                                               
  Representative Grussendorf commented if the fiscal note  was                 
  adequate to  accommodate the  fiscal obligations  associated                 
  with the legislation.                                                        
                                                                               
  Representative  Brown   asked  the  penalty  for  the  first                 
  offense.    Ms. Vollendorf  replied  that the  first offense                 
  would be a Class  A misdemeanor for a juvenile or  an adult.                 
  The  second offense for an adult  would be a Class C felony,                 
  although, that offense  would remain  a Class A  misdemeanor                 
  for a juvenile until 18 years  of age.  Representative Brown                 
  asked  if  Class   A  misdemeanor   would  carry   mandatory                 
  imprisonment.    Ms.  Vollendorf advised  that  it  would be                 
  mandatory   for   an  adult,   but   not  for   a  juvenile.                 
  Representative Brown inquired if consideration had been made                 
                                                                               
                               12                                              
                                                                               
                                                                               
  to placing a floor on the age.                                               
                                                                               
  MARGO KNUTH, ASSISTANT  ATTORNEY GENERAL, CRIMINAL DIVISION,                 
  DEPARTMENT  OF LAW,  responded that if  the defendant  was a                 
  juvenile, a  sentence could be  imposed and they  would then                 
  serve in detention rather than in prison.  The Department of                 
  Law  anticipates,  given the  youthfulness of  the defender,                 
  that  it  could be  possible that  they  not have  a record,                 
  making them an  ideal candidate  for a Suspended  Imposition                 
  Sentence (SIS).   She added, then  the emphasis would be  on                 
  deterrence and rehabilitation through the SIS.                               
                                                                               
  Ms.  Knuth  reiterated that  the  intent of  the legislation                 
  would be to alleviate juvenile joyriding as it appears to be                 
  escalating.  The hope is that  when the juvenile is required                 
  to appear before a judge, that they will then come to have a                 
  greater appreciation for the seriousness of the conduct.                     
                                                                               
  Representative Brown asked if the  suspension of the drivers                 
  license would be automatic.  Ms. Knuth stated that there was                 
  an option of suspension  contained in Page 3, Section  5, AS                 
  28.15.1(a),   1(b)   which   currently    authorizes   court                 
  revocations of the drivers licenses.  She continued, Section                 
  4 would be added.  It is the criminal  mischief offense, the                 
  joyriding offense.                                                           
                                                                               
  Representative  Mulder   noted  that   the   focus  of   the                 
  legislation would not be on repeated offenders as much as it                 
  was aimed at the initial  offender.  Ms. Knuth agreed.   She                 
  pointed out that offenses in many  areas have doubled in the                 
  past  couple of  years.   One half of  all the  offenses are                 
  being  committed by  juveniles.   Ms. Knuth stated  that the                 
  legislative sanctions would  help in addressing the  "out of                 
  control" juvenile offenders.                                                 
                                                                               
  (Tape Change, HFC 95-95, Side 2).                                            
                                                                               
  Representative Brown asked the  difference between the third                 
  and the fourth degree  of the joyriding offense.   Ms. Knuth                 
  explained that  the fourth  degree  offense would  be for  a                 
  passenger in the vehicle and would be a Class B misdemeanor;                 
  the "criminal mischief"  offense in the third  degree is for                 
  the person who  takes the  car; that would  be classified  a                 
  Class  A  misdemeanor  unless you  are  an  adult.   If  the                 
  offender is an adult, and it was  a second offense, it would                 
  then be a Class C felony.                                                    
                                                                               
  Representative  Brown  inquired how  many  persons would  be                 
  expected to be convicted by the offense of "joyriding".  She                 
  pointed out that the Department had mentioned an anticipated                 
  increase  of  1000  cases  per  year.    She  spoke  to  the                 
  understaffing currently existing within the Department.                      
                                                                               
                               13                                              
                                                                               
                                                                               
  Ms. Knuth replied that should  the legislation be funded, it                 
  would then receive the Department's attention, although, she                 
  pointed  out  that  prosecutions would  be  expensive.   The                 
  Department of Law  has indicated that their  priorities will                 
  be "crimes of violence".  She indicated that the legislation                 
  would fall below the top priority defense list.                              
                                                                               
  Representative Mulder MOVED to report CS  SB 14 (JUD) out of                 
  Committee  with  individual  recommendations  and  with  the                 
  accompanying fiscal notes. There being  NO OBJECTION, it was                 
  so ordered.                                                                  
                                                                               
  CS SB  14 (JUD)  was reported out  of Committee  with a  "do                 
  pass" recommendation  and with  fiscal notes  by the  Alaska                 
  Court System dated  3/6/95, the Department of  Public Safety                 
  dated  3/6/95,  the  Department  of  Law dated  3/6/95,  the                 
  Department of  Administration dated 3/15/95  and zero fiscal                 
  notes by the  Department of Public  Safety dated 3/6/95  and                 
  the Department of Corrections dated 3/6/95.                                  
                                                                               
  ADJOURNMENT                                                                  
                                                                               
  The meeting adjourned at 2:20 P.M.                                           
                                                                               
                                                                               
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