Legislature(2005 - 2006)HOUSE FINANCE 519
02/27/2006 01:30 PM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| SB209 | |
| HB324 | |
| HB343 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 343 | TELECONFERENCED | |
| + | HB 324 | TELECONFERENCED | |
| + | SB 209 | TELECONFERENCED | |
HOUSE FINANCE COMMITTEE
February 27, 2006
1:48 p.m.
CALL TO ORDER
Co-Chair Meyer called the House Finance Committee meeting to
order at 1:48:50 PM.
MEMBERS PRESENT
Representative Mike Chenault, Co-Chair
Representative Kevin Meyer, Co-Chair
Representative Bill Stoltze, Vice-Chair
Representative Richard Foster
Representative Mike Hawker
Representative Jim Holm
Representative Reggie Joule
Representative Mike Kelly
Representative Carl Moses
Representative Bruce Weyhrauch
MEMBERS ABSENT
Representative Beth Kerttula
ALSO PRESENT
Senator Charlie Huggins; Josh Temple, Staff, Senator Charlie
Huggins; Suzanne Hancock, Staff, Representative Gabrielle
LeDoux; Representative Bob Lynn; Mike Sica, Staff,
Representative Bob Lynn
PRESENT VIA TELECONFERENCE
Erin Whipple, Kodiak; Christy Renfrew, Manager, Upper
Susitna Soil and Water Conservation District; Janice
Chumley, Nikiski, Central Peninsula Master Gardeners; Daniel
Colang, President, Alaska Correctional Officers Association;
Mae Barney, Correctional Officer, Fairbanks; Hans Klausner,
Homer Soil and Water Conservation District; Al Poindexter,
Alaska Association of Conservation Districts; Sabrina
Fernandez, Assistant Attorney General, Department of Law;
Susan Parks, Deputy Attorney General, Criminal Division,
Department of Law; Ed Fogels, Deputy Commissioner,
Department of Natural Resources; Larry DeVilbiss, Director,
Division of Agriculture, Department of Natural Resources;
Jamie Snyder, University of Alaska Fairbanks
SUMMARY
CSSB 209 (JUD) "An Act relating to access by persons under
21 years of age to premises licensed to sell
alcoholic beverages as clubs when alcoholic
beverages are not present and, when alcoholic
beverages are present, to premises of a
patriotic organization licensed as a club if
the person possesses a valid active duty
military or armed forces identification card
issued by the United States government."
CSSB 209 (JUD) was REPORTED out of Committee
with a "do pass" recommendation and with zero
fiscal note #1 by the Department of Military
and Veterans Affairs, and with a new zero
fiscal note by the Department of Public
Safety.
HB 324 "An Act banning the importation, transfer,
and cultivation of orange hawkweed and purple
loosestrife."
HB 324 was heard and HELD in Committee for
further consideration.
HB 343 "An Act relating to harassment."
HB 343 was REPORTED out of Committee with a
"do pass" recommendation and with zero fiscal
note #1 by the Department of Corrections,
zero note #2 by the Department of Public
Safety, and with new zero fiscal notes by the
Department of Law, the Alaska Court System,
and the Department of Administration.
1:48:58 PM
CS FOR SENATE BILL NO. 209 (JUD)
"An Act relating to access by persons under 21 years of
age to premises licensed to sell alcoholic beverages as
clubs when alcoholic beverages are not present and,
when alcoholic beverages are present, to premises of a
patriotic organization licensed as a club if the person
possesses a valid active duty military or armed forces
identification card issued by the United States
government."
SENATOR CHARLIE HUGGINS, sponsor, refreshed the committee's
memory of SB 209, which is about allowing young military
people into veterans' clubs.
JOSH TEMPLE, STAFF, SENATOR CHARLIE HUGGINS, explained that
the bill is the same as HB 331, which was previously passed
out of the House Finance Committee.
1:51:11 PM
Senator Huggins added that the bill has a no-cost factor.
Co-Chair Meyer reviewed the two zero fiscal notes.
Representative Kelly MOVED to report CSSB 209 out of
Committee with individual recommendations and the
accompanying fiscal notes.
There being NO OBJECTION, it was so ordered.
CSSB 209 (JUD) was REPORTED out of Committee with a "do
pass" recommendation and with zero fiscal note #1 by the
Department of Military and Veterans Affairs, and with a new
zero fiscal note by the Department of Public Safety.
1:53:49 PM
HOUSE BILL NO. 324
"An Act banning the importation, transfer, and
cultivation of orange hawkweed and purple loosestrife."
SUZANNE HANCOCK, STAFF, REPRESENTATIVE GABRIELLE LEDOUX,
read the sponsor statement as follows:
For the record, I am Suzanne Hancock, staff to
Representative Gabrielle LeDoux. The Representative
thanks the Chair and Committee for hearing this bill.
Representative LeDoux's intention with filing HB 324
was to respond to concerns from her constituents.
Scientists as well as gardeners are concerned about new
strains of noxious weeds that are taking hold in
Alaska. These invasive plants crowd out native plants
and cultivated plants and are devastating to the
environment and people's gardens.
Orange hawkweed and purple loosestrife were chosen
because they have been the ones in the spotlight.
Purple loosestrife is a threat to wetlands and
waterfowl. In my community of Kodiak groups have been
pulling up, bagging and disposing of orange hawkweed.
The State agency that has oversight in this area is the
Department of Natural Resources. The language in this
bill has the Commissioner adopting regulations
providing for the disposal of orange hawkweed and
purple loosestrife and plant parts to prevent the
further propagation of the species in the state.
Statute currently lists many noxious weeds but has not
kept up with new species, including these two. This
bill only applies to those who knowingly plant or
cultivate an orange hawkweed or purple loosestrife
plant. This offense is a class A misdemeanor but the
intent is not to have weed police, but to educate the
public about the menace these and other invasive
species present to our environment, agricultural crops,
streams, and gardens. As a legislator, Representative
LeDoux sponsors the bill because she considers it good
public policy. There will be members of the scientific
community, gardeners and others testifying in their
areas of expertise.
1:56:47 PM
Co-Chair Meyer asked why only two plants are targeted when,
in fact, there are twenty invasive species on the list. Ms.
Hancock explained that there exists a list of plants already
on the books. She shared the benefits of proactive action
in response to these new invading plants.
1:58:13 PM
ERIN WHIPPLE, KODIAK, spoke in favor of HB 324 because of
the danger invasive plants pose. They don't provide any
benefit to wildlife or bird species, which is a factor under
consideration. Alaska is in the position of being able to
prevent problems caused by invasive plants. She encouraged
passage of the bill.
2:00:36 PM
CHRISTY RENFREW, MANAGER, UPPER SUSITNA SOIL AND WATER
CONSERVATION DISTRICT, spoke of her experience with the
spreading of Orange Hawkweed and efforts to prevent its
continued invasion. She encouraged passage of the bill.
Representative Holm asked if Orange Hawkweed is north of the
range. Ms. Renfrew said she does not know. Representative
Holm shared that he has no knowledge of the weed existing in
that area. Ms. Renfrew shared characteristics of the weed
and problems with eradication.
Representative Holm asked which herbicides would kill it.
Ms. Renfrew said Transline and Milestone, which does not
impact wetlands.
2:06:17 PM
JANICE CHUMLEY, NIKISKI, CENTRAL PENINSULA MASTER GARDENERS,
related how aggressive and invasive Orange Hawkweed and
Purple loosestrife are. She spoke of the dangers of using
herbicides and the need to prevent importation of these
weeds. She testified in support of the bill.
AL POINDEXTER, ALASKA ASSOCIATION OF CONSERVATION DISTRICTS,
related his programs' efforts to prevent the spread of many
noxious weeds. He testified in support of the bill.
Representative Holm asked about tansy and the need to ban
the possession of herbs. Mr. Poindexter agreed that tansy
is not as invasive, but he emphasized the need to ban non-
native weeds from local areas. He maintained it is a good
first step.
2:12:32 PM
Representative Holm voiced concern about a statewide policy
addressing a regional problem. Mr. Poindexter suggested
that the problem is statewide. Representative Holm asked
how to get rid of Orange Hawkweed. Mr. Poindexter related
that the areas are quite small now, but later may require
herbicides. Representative Holm suggested that the path the
bill is taking is not sustainable. Some weeds will not be a
problem statewide. He questioned if the policy should be
the same statewide. Mr. Poindexter responded that the
policy should apply where the plants show up. He posed a
potential problem with gardeners sharing plants.
2:18:19 PM
HANS KLAUSNER, HOMER SOIL AND WATER CONSERVATION DISTRICT,
testified in support of HB 324. He emphasized that the
bill's strength is in prevention. He suggested possibly
adding more plants to the list of noxious weeds.
Representative Holm inquired about fireweed and dandelions,
and how they fit the definition of noxious weeds. Mr.
Klausner defined weeds as those that impact native habitats.
2:23:29 PM
JAMIE SNYDER, UNIVERSITY OF ALASKA FAIRBANKS, addressed the
history of Purple Loosestrife in Alaska. She described the
nature of the plant and its invasive potential. She
suggested that some plants are more of a problem than others
and that Alaska should focus on prevention. She spoke in
support of the bill.
Representative Stoltze shared that in Montana, Mapweed is an
issue. Ms. Snyder explained that a small patch has been
discovered in Alaska with the potential to be a problem.
Alaska can learn from other states' problems.
Representative Stoltze noted that limited use of pesticides
added to the problem. Ms. Snyder made several suggestions
for prevention and education.
2:30:59 PM
Representative Holm asked if Ms. Synder is with the
Cooperative Extension Service. She replied that she is and
that she works out of Anchorage. Representative Holm asked
if her program is involved with eradication of weeds. She
replied that is not, but the mission is to provide
information on integrated pest management. He asked how her
program is funded. Ms. Snyder explained the nature of her
job and related that invasive plants are only part of the
program. There is no eradication program within the
Cooperative Extension Agency.
Representative Holm posed a hypothetical problem and asked
if it was worthy of a Class A misdemeanor. Ms. Snyder
referred to the bill as a stopgap measure. Representative
Holm suggested that cultivating these plants would result in
unfair punishment. Ms. Snyder suggested that the model
developed in other states regarding the banning of Purple
Loosestrife should be used. Representative Holm asked if
her organization maps where these weeds currently exist.
She replied that they catalogue the areas, but there is only
one area where Purple Loosestrife exists. Representative
Holm asked if that area was destroyed. Ms. Snyder said it
was, but a lot of seedlings remain. There is a need to
increase public awareness to deal with new sightings.
Representative Holm noted there is no fiscal note to address
public education. He suggested that there should be one.
2:38:31 PM
Representative Stoltze asked if the list should include more
plants. He wondered about the fiscal note and a need for
research.
LARRY DEVILBISS, DIRECTOR, DIVISION OF AGRICULTURE,
DEPARTMENT OF NATURAL RESOURCES, explained that his agency
is in the process of adding these two plants to the list of
prohibitive plants through the regulatory process. There is
a need to update the prohibitive weed list and regulations.
Addressing the fiscal note question, Mr. DeVilbiss said the
assumption was that there would be no new staff added. That
would change if the department were to become responsible
for disposing of the weeds. He suggested that regulation,
rather than statute, is a better way to handle the problem
of invasive plants.
Representative Stoltze asked if the Forget-Me-Not is a weed.
Representative Holm explained if a plant naturalizes in an
area, it could be termed a weed. He spoke of the problems
and expenses related to dandelions. He disagreed with the
harsh punishments in the bill.
2:44:38 PM
Representative Weyhrauch suggested this issue be dealt with
by regulation. Mr. DeVilbiss agreed that there is already a
regulatory process in place.
Representative Weyhrauch questioned "Meadow in a Can"
legality. Mr. DeVilbiss responded that the major importer
would know it is prohibited and it could be monitored at the
border. Representative Holm asked if this could be taken
care of on a regional basis. Mr. DeVilbiss replied that it
is not set up that way, but it could be. Representative
Holm suggested that they do it. Mr. DeVilbiss said they are
reviewing it. Representative Holm emphasized that it would
make more sense to regulate by region.
2:48:48 PM
Representative Hawker summarized the bill as criminalizing
human activity regarding two plant species. He wondered if
that compared to the Supreme Court ruling, which states that
human activity regarding marijuana plants couldn't be
criminalized. He questioned those implications.
SABRINA FERNANDEZ, ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF
LAW, shared an opinion that existing regulations concerning
the noxious weed list do currently have the same penalty
attached as the proposed legislation. Representative Hawker
spoke of a constitutional challenge to existing statute
regarding plant species. He asked if the two proposed
species have any medicinal value.
REPRESENTATIVE GABRIELL LEDOUX said she did not know of any.
ED FOGELS, DEPUTY COMMISSIONER, DEPARTMENT OF NATURAL
RESOURCES, responded that the bill might not be necessary
because it is dealt with by regulation.
Representative Kelly suggested that Representative Holm and
Representative LeDoux meet in his office to discuss the bill
further.
HB 324 was heard and HELD in Committee for further
consideration.
2:53:52 PM
HOUSE BILL NO. 343
"An Act relating to harassment."
REPRESENTATIVE BOB LYNN related that correctional officers
and first responders who want more protection from attacks
with bodily fluids requested the bill. He shared a personal
experience working in a jail environment. He related that
attacks with bodily fluids have been increasing, as has the
danger of infections. Currently, throwing bodily fluids at
anyone can only be charged as a class B misdemeanor. This
bill changes that to a class A misdemeanor, with jail time
from zero days to one year. It also provides a minimum term
of imprisonment of 60 days for persons convicted of
harassment in the first degree when they direct the offense
at certain specified law enforcement officers and emergency
responders. He noted correspondence included in members'
packets and quoted several examples.
2:58:42 PM
DANIEL COLANG, PRESIDENT, ALASKA CORRECTIONAL OFFICERS
ASSOCIATION, related his experience behind correctional
facility walls. He stressed that assault with bodily fluids
has become prevalent. He encouraged support of this bill.
Representative Stoltze asked if saliva is still prohibited.
Representative Lynn said it is.
3:03:25 PM
MAE BARNEY, CORRECTIONAL OFFICER, FAIRBANKS, shared her
experience with assault by bodily fluids. She testified in
support of the bill.
3:07:32 PM
Representative Weyhrauch asked if this law applies to a
situation where a member of PETA would throw blood at a
person wearing fur.
MIKE SICA, STAFF, REPRESENTATIVE BOB LYNN, clarified that
the law would apply to everyone, not just correctional
officers. He referred to page 2, Section 2, harassment in
the first degree, to explain. Representative Weyhrauch
restated his question to ask if the law would apply to
everyone. Mr. Sica responded that the mandatory minimum
prison term of 60 days only applies to assaults against
peace officers, medical first responders or professionals.
3:10:35 PM
SUSAN PARKS, DEPUTY ATTORNEY GENERAL, CRIMINAL DIVISION,
DEPARTMENT OF LAW, clarified that the crime would apply to
anyone who is assaulted by bodily fluids - teacher, citizen,
babysitter, and the criminal could be prosecuted under this
new statute, harassment in the first degree.
Representative Weyhrauch asked for clarification between the
different kinds of sentencing. Ms. Parks referred to page
3, Section 4, to highlight the sentencing provision for
crimes against peace officers and medical personnel.
Co-Chair Chenault asked how many bodily fluid assault cases
there are a year. Ms. Parks responded that there are
probably more cases than what are prosecuted, which are only
a handful. They are a common occurrence and are often
handled administratively in jail with a loss of privileges.
They are currently a misdemeanor.
Mr. Colang, in response to Co-Chair Chenault's question,
could not recall any statistics regarding this. He cited
Fairbanks as an example, where there was an incident last
month. Co-Chair Chenault opined that it should be reported
every time.
3:15:08 PM
Co-Chair Chenault asked how many cases there would be per
year. He mentioned that there could be legal costs involved
with this type of case. He suggested researching up-front
costs.
3:16:26 PM
Ms. Parks commented on the fiscal notes. She indicated that
currently there are only a few cases. She added that the
numbers could increase. She speculated that the thirteen
offices could absorb the normal workload. She suggested
that the bill might have a deterrent effect and the costs
could decrease.
3:18:10 PM
Representative Foster remembered being accosted by a
lobbyist who "spit in his face".
Representative Hawker pointed out that the bill would create
a crime of degrees. He wondered if the bill could make
class A conduct elevate to class B conduct.
Co-Chair Meyer responded that some threats fall under a
different statute. Ms. Parks added that there are other
statutes that elevate the conduct by the degree and by the
nature of the conduct. She commented that it would be a
policy call for the Legislature to make. She thought the
subject matter of this bill is of a higher nature.
3:22:14 PM
Representative Hawker asked if the act were sufficiently
threatening, would the new category of a class A misdemeanor
be high enough for the crime. Ms. Parks replied that the
legislature could make that 'call'. The thought was that it
did not fit into class C conduct. It should be a
determination made by the Legislature.
3:23:49 PM
Representative Stoltze asked if the Department of
Corrections made the decision not to come to the table to
participate in the discussion. Mr. Sica took responsibility
for not following up with the Department. He did not want
that to be interpreted that they do not support the
legislation.
3:25:07 PM
Co-Chair Chenault MOVED to REPORT CSHB 343 (JUD) with
individual recommendations and the attached fiscal notes.
He voiced concern about the fiscal notes attached to the
bill. He requested more accurate fiscal notes.
Representative Stoltz OBJECTED for the purpose of
discussion.
Representative Kelly pointed out that several states have
elevated this crime to a felony. He reiterated how
offensive the crime is.
Representative Holm added that the class A misdemeanor for
this crime was the same as it was for transporting noxious
weeds.
Co-Chair Meyer noted the four new fiscal notes.
Representative Joule, referring to discipline administered
in jails, commented that, "good time gets taken away". He
thought that adding time to a jail sentence would qualify as
needing a fiscal note.
3:29:18 PM
Representative Stoltze WITHDREW his OBJECTION.
There being NO further OBJECTION, it was so ordered.
HB 343 was REPORTED out of Committee with a "do pass"
recommendation and with zero fiscal note # 1 by the
Department of Corrections, zero note #2 by the Department of
Public Safety, and with new zero fiscal notes by the
Department of Law, the Alaska Court System, and the
Department of Administration.
ADJOURNMENT
The meeting was adjourned at 3:29 PM
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