Legislature(1993 - 1994)
01/19/1994 01:36 PM House FIN
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE FINANCE COMMITTEE
January 19, 1994
1:36 p.m.
TAPE HFC 94-6, Side 2, #000 - end.
TAPE HFC 94-7, Side 1, #000 - end.
TAPE HFC 94-7, Side 2, #000 - 433.
CALL TO ORDER
Co-Chair Larson called the House Finance Committee to order
at 1:36 p.m.
PRESENT
Co-Chair Larson Representative Hoffman
Co-Chair MacLean Representative Martin
Vice-Chair Hanley Representative Navarre
Representative Brown Representative Parnell
Representative Foster Representative Therriault
Representative Grussendorf
ALSO PRESENT
Senator Rick Halford; Senator Dave Donley; Representative
Joe Sitton, Representative Bill Williams; Arthur H. Snowden,
II, Administrative Director, Alaska Court System; Edward
McNally, District Attorney, Department of Law; Dean Guaneli,
Chief, Assistant Attorney General, Department of Law; Margot
Knuth, Criminal Division, Department of Law; Brant McGee,
Director, Office of Public Advocacy, Department of
Administration; Paula Terrel, Staff, Representative Sitton;
Jeanneane Henry, Ketchikan; John Ealey, Anchorage.
SUMMARY INFORMATION
HB 28 "An Act relating to the penalty for providing
alcoholic beverages to a person under the age of
21; and providing for an effective date."
CSHB 28 (JUD) was reported out of Committee with a
"do pass" recommendation and with a zero fiscal
note by the Department of Law; two zero fiscal
notes by the Department of Administration; a zero
fiscal note by the Department of Public Safety; a
fiscal impact note by the Department of Revenue;
and with a fiscal impact note by the Department of
Corrections; a fiscal impact note by the Alaska
Court System.
HB 195 "An Act authorizing youth courts by which to
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provide for peer adjudication of minors who have
allegedly committed violations of state or
municipal laws, renaming the community legal
assistance grant fund and amending the purposes
for which grants may be made from that fund in
order to provide financial assistance for
organization and initial operation of youth
courts, and relating to young adult advisory
panels in the superior court."
CSHB 195 (FIN) was reported out of Committee with
a "do pass" recommendation and a zero fiscal note
by the Department of Community and Regional
Affairs; and a zero fiscal note by the Department
of Health and Social Services.
SB 19 "An Act relating to the crime of conspiracy."
HCS CSSB 19 (FIN)am was HELD in Committee for
further discussion.
HOUSE BILL NO. 28
"An Act relating to the penalty for providing alcoholic
beverages to a person under the age of 21; and
providing for an effective date."
REPRESENTATIVE BILL WILLIAMS provided members with written
testimony in support of CSHB 28 (JUD) (copy on file). He
summarized his written remarks. He noted that CSHB 28 (JUD)
would make providing alcohol to a minor a class "C" felony
on the second offense, if the offender had been convicted
within the past five years.
MARGOT KNUTH, CRIMINAL DIVISION, DEPARTMENT OF LAW expressed
concern that the legislation would not accomplish the
sponsor's desired goal as a deterrent. She pointed out that
the Superior Court has a busier docket than the District
Court. She estimated that the offense would receive greater
attention as a serious misdemeanor than as a less serious
felony.
Ms. Knuth emphasized that the legislation would result in
additional costs to the state. She pointed out that felony
charges would have to go before a grand jury and/or have a
preliminary hearing. She added that felony cases generally
result in supervision. She did not think that offenders of
the offense would warrant costly supervision.
Representative Parnell asked if the Superior Court could
delegate cases to the District Court. Ms. Knuth replied
that cases could not be heard by the District Court unless
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the charge was reduced to a misdemeanor. Ms. Knuth
preferred the revision made in the House Judiciary Committee
to the original legislation. House Bill 28 was amended in
the House Judiciary Committee to reduce the felony penalty
from the first to the second offense.
Representative Martin suggested that the legislation would
be a good deterrent.
Representative Brown asked if a parent could legally provide
alcohol to their own under age child. Ms. Knuth explained
that statutes that provide permission for a parent to allow
their child to consume alcohol would not be altered. The
right to consume alcohol in a religious ceremony would not
be effected. The legislation would only change the penalty
for existing crimes.
Ms. Knuth estimated that a superior court judge would issue
a lesser sentence than a district court judge because of the
seriousness of the offenses before their court.
Representative Williams emphasized that the "slap on the
wrist" approach is not effective. He asserted that a
stiffer penalty is needed.
In response to a question by Co-Chair MacLean, Ms. Knuth
explained that a bootlegger involved in providing alcohol to
a minor would have additional charges brought against them.
Representative Navarre asked if the legislation would affect
minors who provide alcohol to other minors. Ms. Knuth
explained that the age of majority would be 18 for the
offense. Minors under the age of 18 would be referred to
the Division of Family and Youth Services.
JEANNEANE HENRY, KETCHIKAN testified on behalf of the
legislation. She asserted that minors are not
psychologically prepared for the consumption of alcohol.
She strongly urged the Committee to adopt stronger penalties
for providing alcohol to minors.
Ms. Knuth interjected that the Department of Law feels that
alcohol consumption by minors is a serious problem. She
stressed the need for stronger enforcement of existing laws.
Representative Hoffman spoke in support of the legislation.
He felt that the penalty should match the crime. Ms. Knuth
reiterated that the Superior Court may not issue a stiffer
sentence.
Representative Brown questioned the zero fiscal note issued
by the Department of Law. Ms. Knuth emphasized that the
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Department of Law would try to do more with less.
On behalf of the sponsor, Representative Foster provided
members with Amendment 1 (copy on file). Representative
Williams explained that the amendment provides that if a
person dies or is seriously injured as a result of alcoholic
beverages furnished to a minor, the person who furnished the
alcohol would have committed a felony, even if it is a first
offense.
Representative Therriault expressed concern that the penalty
is based on the outcome of the act. He observed that the
intent of the defendant would not differ whether the minor
is injured or causes another to be injured.
(Tape Change, HFC 94-7, Side 1)
Representative Foster WITHDREW AMENDMENT 1.
In response to a question by Co-Chair MacLean, Ms. Knuth
described other non violent felony crimes.
Representative Foster MOVED to report CSHB 28 (JUD) out of
Committee with individual recommendations and with the
accompanying fiscal notes. There being NO OBJECTION, it was
so ordered.
CSHB 28 (JUD) was reported out of Committee with a "do pass"
recommendation and with a zero fiscal note by the Department
of Law; two zero fiscal notes by the Department of
Administration; and with a zero fiscal note by the
Department of Public Safety; a fiscal impact note by the
Department of Revenue; a fiscal impact note by the
Department of Corrections; a fiscal impact note by the
Alaska Court System.
HOUSE BILL NO. 195
"An Act authorizing youth courts by which to provide
for peer adjudication of minors who have allegedly
committed violations of state or municipal laws,
renaming the community legal assistance grant fund and
amending the purposes for which grants may be made from
that fund in order to provide financial assistance for
organization and initial operation of youth courts, and
relating to young adult advisory panels in the superior
court."
REPRESENTATIVE SITTON spoke in support of CSHB 195 (JUD).
He provided members with a sponsor statement and summarized
his remarks (copy on file). He noted that CSHB 195 (JUD)
has received wide support. He explained that the bill would
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establish the creation of youth courts in Alaska. The bill
would allow nonprofit corporations, municipalities and
Native corporations to apply for a one time matching grant
of $5,000 thousand dollars. Defendants and their parents
must agree to allow the Youth Court to hear the case and the
Youth Court must accept jurisdiction. The community legal
assistance grant fund would be amended to provide for
juvenile justice grants to establish and organize a youth
court program. He stress the Anchorage Youth Court has been
successful.
JOHN EALEY, PRESIDENT, ANCHORAGE YOUTH COURT testified via
the teleconference network from Anchorage, in support of the
legislation. He stressed the success of the Anchorage Youth
Court.
Mr. Ealey explained that all misdemeanors and most felonies
committed by juveniles could be handled by youth courts. He
noted that violent felonies such as rape and murder are not
handled by youth courts. The intake officers at McLaughlin
Youth Center in Anchorage recommend which first time
offenders are referred to the Youth Court. Crimes waived
into an adult court would not be referred to a youth court.
The Anchorage Youth Court is funded 100 percent through
volunteer and private donations.
Representative Brown referred to section 2.
PAULA TERREL, STAFF, REPRESENTATIVE SITTON explained that
section 2 was added to allow revision to the statutes.
ARTHUR H. SNOWDEN, II, ADMINISTRATIVE DIRECTOR, ALASKA COURT
SYSTEM added that the statute change reflect that funding
for juvenile intake is an executive branch function.
Co-Chair MacLean asked if regional or village corporationS
would be eligible for the juvenile justice grants. Ms.
Terrel thought that they would be eligible.
Representative Parnell asked if there would be a savings to
the Alaska Court System if the legislation is enacted.
Mr. Ealey estimated that the Anchorage Youth Court has saved
the state $200 thousand dollars. Mr. Ealey explained that
youth courts are diversion programs. No jail or detention
time would be incorporated into penalties issued by youth
courts.
Co-Chair Larson recommend that on page 1, line 1, "by which"
be deleted for clarification of the title.
Representative Foster MOVED to Delete on page 1, line 1, "by
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which." There being NO OBJECTION, it was so ordered.
Representative Navarre MOVED to report CSHB 195 (FIN) out of
Committee with individual recommendations and with the
accompanying fiscal notes. There being NO OBJECTION, it was
so ordered.
CS HB 195 (FIN) was reported out of Committee with a "do
pass" recommendation and a zero fiscal note by the
Department of Community and Regional Affairs; and a zero
fiscal note by the Department of Health and Social Services.
SENATE BILL NO. 19
"An Act relating to the crime of conspiracy."
Representative Grussendorf expressed concern that the fiscal
impact note by the Alaska Court System was reduced to zero.
Representative Brown provided members with Amendment 1 (copy
on file). She explained that Amendment 1 would prevent
defendants from being convicted for the crime and the
conspiracy of the crime.
DEAN GUANELI, CHIEF ASSISTANT ATTORNEY, DEPARTMENT OF LAW
spoke in opposition to Amendment 1. He pointed out that
conspiracy is a separate crime. He emphasized that
prosecutors may only be able to get a conviction for a
separate lesser charge, although strong evidence of a
conspiracy exists. He added that if a defendant's
conviction is overturned on appeal there would be no penalty
unless a second conviction exists.
Mr. Guaneli pointed out that conspiracy would not be
subjected to mandatory consecutive sentencing.
(Tape Change, HFC 94-7, Side 2)
SENATOR DONELY noted that charges could be stacked. Mr.
Guaneli acknowledged that the judicial process will
determine the interpretation of the sentencing for multiple
count convictions including conspiracy. He noted that the
Court of Appeals prevents excessive sentencing. He
continued to discuss consecutive sentencing practices.
Representative Brown MOVED to ADOPT AMENDMENT 1.
Representative Hanley OBJECTED. A roll call vote was taken
on the motion.
IN FAVOR: Brown, Hoffman
OPPOSED: Foster, Grussendorf, Hanley, Martin, Navarre,
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Parnell, Therriault, Larson, MacLean
Representative Martin was not present for the vote.
The MOTION FAILED (2-8).
Representative Brown provided members with Amendment 2 (copy
on file).
Representative Brown explained that Amendment 2 would
provide that the prosecution would have to prove that a
defendant communicated their agreement to others involved in
the conspiracy. She observed that, under the current
legislation, guilt could be inferred through circumstances.
Mr. Guaneli spoke against Amendment 2. He pointed out that
it is difficult to prove what words were spoken when the
action takes place in secret.
Representative Hanley expressed concern that the amendment
would weaken the legislation.
Senator Donely interjected that a defendant could be found
to agree if they do not actively disagree. Members
expressed concern that an individual's failure to share
knowledge of a crime, due to fear of personal injury, would
be interpreted as an agreement.
BRANT MCGEE, DIRECTOR, OFFICE OF PUBLIC ADVOCACY, DEPARTMENT
OF ADMINISTRATION testified via the teleconference network
from Anchorage. He suggested that "agree" be changed to
"communicate agreement." Mr. Guaneli estimated that the
change suggested by Mr. McGee would probably have the same
effect as Amendment 2.
Mr. Guaneli assured members that a defendants mere presence
during contemplation of a crime would not be sufficient to
obtain a conviction.
Representative Brown MOVED to ADOPT AMENDMENT 2.
Representative Hanley OBJECTED. A roll call vote was taken
on the motion to ADOPT AMENDMENT 2.
IN FAVOR: Brown, Hoffman, Grussendorf, Navarre, MacLean
OPPOSED: Foster, Hanley, Martin, Parnell, Therriault,
Larson
The MOTION FAILED (5-6).
HCS CSSB 19 (FIN)am was HELD in Committee for further
discussion.
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ADJOURNMENT
The meeting adjourned at 3:32 p.m.
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