Legislature(1993 - 1994)
02/03/1994 01:34 PM House FIN
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
HOUSE FINANCE COMMITTEE
February 3, 1994
1:34 p.m.
TAPE HFC 94-23, Side 2, #000 - end.
TAPE HFC 94-24, Side 1, #000 - end.
CALL TO ORDER
Co-Chair Larson called the House Finance Committee to order
at 1:34 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
Frank Homan, Commissioner, Commercial Fisheries Entry
Commission; Jerry Luckhaupt, Legislative Legal Counsel,
Legislative Affairs Agency; Caren Robinson, Alaska Network
on Domestic Violence and Sexual Assault; Cindy Smith,
Director, Alaska Network on Domestic Violence and Sexual
Assault; Jayne Andrew, Council on Domestic Violence and
Sexual Assault; Jerry McCune, United Fishermen's
Association; George Dozier, Staff, Representative Pete Kott;
Margot Knuth, Criminal Division, Department of Law; John
Bitney, Staff, Representative Larson.
SUMMARY INFORMATION
HB 230 "An Act relating to fees for commercial fishing
licenses and permits."
CSHB 230 (FIN) was reported out of Committee with
a "do pass" recommendation and with a fiscal
impact note by the Department of Fish and Game.
HB 231 "An Act relating to aggravating and mitigating
factors at sentencing."
CSHB 231 (JUD) was HELD in Committee for further
discussion.
Co-Chair Larson provided members with work draft 8-LS1628\A,
dated 1/29/94: "An Act reducing certain appropriations for
fiscal year 1994; and providing for an effective date" (copy
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on file). He declared his intentions to introduce the
legislation on behalf of the House Finance Committee. There
were no objections from members of the House Finance
Committee. He further explained that the proposed bill
would allow the Committee to consider reductions in the FY
94 budget. The legislation includes a 1 percent reduction
for the last four months of Department's FY 94 budgets.
Some formula programs and programs with statutory funding
levels would be held harmless.
In response to a question by Representative Brown,
Representative Larson noted that general fund program
receipts would be included.
Representative Brown expressed support for the legislation
but noted that some programs are already under-funded. She
pointed out that the Office of Public Advocacy and Public
Defender Agency will need FY 94 supplemental funding. She
questioned the exemption of the Alaska Energy Authority
(AEA).
HOUSE BILL NO. 230
"An Act relating to fees for commercial fishing
licenses and permits."
REPRESENTATIVE CARL MOSES explained that CSHB 230 (RES)
would provide a more equitable distribution of commercial
fishing vessel licensing fees. He emphasized that under
current law a 14 foot skiff is charged the same as a 250
foot vessel. He observed that the United Fishermen of
Alaska support CSHB 230 (RES). He pointed out that the
effective date needs to be changed from 1994 to 1995.
Representative Hanley noted that language regarding a
reduction in fee costs for a two year licence purchase was
deleted.
In response to a question by Representative Parnell,
Representative Moses noted that vessel license fees would be
at the following schedule:
* 0-25 feet ....................$20
* 25-50 feet....................$50
* 50-75 feet....................$100
* 75-150 feet...................$250
* 150-250 feet..................$500
* over 251 feet.................$750.
JERRY MCCUNE, PRESIDENT, UNITED FISHERMEN OF ALASKA spoke in
support of CSHB 230 (RES). He asserted that the fishing
industry is paying its way. He observed that the current
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vessel fees have not been changed since 1978.
Co-Chair Larson noted that according to research by the
House Research Agency, the State of Alaska receives
approximately a 75 percent return of its fisheries resource
investments.
Representative Navarre noted that if the shared fish tax was
included in the calculation, the return on the State's
investment would be closer to 132 percent.
FRANK HOMAN, COMMISSIONER, COMMERCIAL FISHERIES ENTRY
COMMISSION explained that vessels could be licensed for two
years at twice the yearly cost.
Representative Therriault MOVED to ADOPT the language "one-
year or two-year" on page 1, line 8, after "a".
Representative Parnell asked if regulations could address
the issue of one or two year fees.
Representative Navarre MOVED to AMEND Amendment 1 to delete
"year" after "one". The amendment would read "one or two
year". There being NO OBJECTION, it was so ordered.
Co-Chair Larson MOVED to delete "1994" and insert "1995" on
page 2, line 13. There being NO OBJECTION, it was so
ordered.
Representative Martin noted that there would not be an
incentive to license vessels for two years if the previous
discount is not offered.
Mr. Homan observed that few licenses had been purchased
under the two year discount. He noted that the Commission
did not anticipate that many vessels would be licensed under
the two year option in the future.
Representative Navarre MOVED to report CSHB 230 (FIN) out of
Committee with individual recommendations and with the
accompanying fiscal notes. There being NO OBJECTION, it was
so ordered.
CSHB 230 (FIN) was reported out of Committee with a "do
pass" recommendation and with a fiscal impact note by the
Department of Fish and Game.
HOUSE BILL NO. 231
"An Act relating to aggravating and mitigating factors
at sentencing."
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GEORGE DOZIER, STAFF, REPRESENTATIVE PETE KOTT explained
that CSHB 231 (JUD) modifies an aggravating factor and
establishes a mitigating factor for purposes of presumptive
sentencing. He noted that current law provides that if a
defendant is convicted of a sex crime against a minor and
has engaged in the same or similar conduct there is an
aggravating factor. There is also an aggravating factor if
the defendant is convicted of sexual assault and previously
engaged in a sexual assault. There is not an aggravating
factor pertaining to a defendant that has committed sexual
abuse of a minor and previously committed sexual assault
against an adult. Section 1 would add an aggravating factor
if a defendant is subject to sentencing for a felony sex
crime and has violated any other sexual crime statute.
Mr. Dozier explained that a mitigating factor would be added
when a defendant is being sentenced for a felony and a prior
felony offense has triggered a presumptive sentence, when
the prior felony offense is of a less serious nature.
Mr. Dozier noted that section three which referred to a
three judge panel was deleted by the House Judiciary
Committee.
JAYNE ANDREN, COUNCIL DOMESTIC VIOLENCE AND SEXUAL ASSAULT
spoke in support of section 1 of the legislation. She
suggested that language be added to section 2 to prohibit
the mitigator in cases where the prior or current conviction
concerns an offense covered by Alaska Statutes 11.41, Crimes
Against Persons.
CAREN ROBINSON, ALASKA NETWORK ON DOMESTIC VIOLENCE AND
SEXUAL ASSAULT spoke in support of section 1. She also
recommended that language be added to section 2 to prohibit
the mitigator in cases where the prior or current conviction
concerns an offense covered by Alaska Statutes 11.41. She
noted that AS 11.41 are crimes of murder, manslaughter,
assault, sexual assault, sexual abuse of a minor,
kidnapping, and other serious crimes. She observed that
charges may be pleaded down.
Representative Brown referred to a letter to Representative
Kott from the Alaska Sentencing Commission, dated 3/25/94
(copy on file). She noted that the Commission recommended
that the "legislative history reflect that this factor
should not be applied if it would reward an escalating
pattern of behavior or criminal career."
MARGOT KNUTH, CRIMINAL DIVISION, DEPARTMENT OF LAW suggested
that a intent section could be added to the legislation.
She noted that if the mitigator is not adopted, a judge
would have to send a case that do not compel the presumptive
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sentence to a three judge panel. She argued that the
mitigator would allow the judge's discretion. She gave
examples of cases which would trigger the mitigator. A
first offense robbery of under $500 and a second offense of
sexual assault would trigger the mitigator.
In response to a question by Representative Therriault, Ms.
Knuth noted that the judge can not reduce the presumptive
sentence by more than half without going to a three judge
panel.
Representative Brown provided members with AMENDMENT 1 (copy
on file). Amendment 1 would insert on page 2, line 6 after
"offense", "unless the prior conviction and the present
offense are violations of AS 11.41."
Ms. Knuth pointed out that the amendment would pertain to
more cases if the "and" is changed to "or".
(Tape Change, HFC 94-24, Side 1)
Representative Hanley noted that, under the second
presumptive sentence mitigator, a presumptive sentence could
be reduced to less than the penalty of the first time
offense.
CINDY SMITH, DIRECTOR, ALASKA NETWORK ON DOMESTIC VIOLENCE
AND SEXUAL ASSAULT stated that mitigators should not be
allowed in cases involving crimes against persons. She
suggested that "or" would allow more cases to be exempt from
the mitigator.
Representative Brown elected to changed "and" to "or" before
offering her amendment. Representative Brown MOVED to
ADOPT, Amendment 1: Insert on page 2, line 6 after
"offense", "unless the prior conviction or the present
offense are violations of AS 11.41." There being NO
OBJECTION, it was so ordered.
JERRY LUCKHAUPT, LEGAL COUNSEL, LEGISLATIVE AFFAIRS AGENCY
clarified that section 2 was added at the request of the
Alaska Sentencing Commission. He observed that under
current law a defendant convicted of two class A felonies
would receive the same penalty as a defendant convicted of a
class C first offense and a class A second offense. He
stressed that only class A, B and C felonies are included.
Unclassified felonies are not included.
In response to a question by Representative Navarre, Mr.
Luckhaupt discussed the burden of proof. Mr. Luckhaupt
questioned the rationale for a letter of intent.
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Representative Brown suggested that the title should reflect
the contents of the legislation.
Representative Hanley MOVED to delete section 2. He
stressed that the option to receive less time than the first
offense penalty should not exist under a mitigator second
felony offense. Ms. Knuth assured him that a reasonable
judge would not issue a lesser penalty than what a first
offense would require. She added that additional mitigating
factors allow judges more flexibility. She noted that
judges can send cases to a three judge panel if they
question the presumptive sentence.
Co-Chair Larson OBJECTED to the motion to delete section 2
from CSHB 231 (JUD). A roll call vote was taken on the
motion.
IN FAVOR: Brown, Grussendorf, Hoffman, Navarre, Foster,
Hanley, Martin, Therriault, MacLean
OPPOSED: Larson
Representative Parnell was not present for the vote.
The MOTION PASSED (9-1).
Co-Chair Larson noted that CSHB 231 (JUD) would be HELD in
Committee for further discussion in regards to the bills
title.
ADJOURNMENT
The meeting adjourned at 2:41 p.m.
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