Legislature(1993 - 1994)
04/25/1994 03:30 PM House FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
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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