Legislature(1993 - 1994)
02/02/1993 08:00 AM House STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE STATE AFFAIRS STANDING COMMITTEE
February 2, 1993
8:00 a.m.
MEMBERS PRESENT
Representative Al Vezey, Chairman
Representative Pete Kott, Vice Chairman
Representative Harley Olberg
Representative Gary Davis
Representative Fran Ulmer
Representative Bettye Davis
Representative Jerry Sanders
MEMBERS ABSENT
None
OTHER HOUSE MEMBERS PRESENT
Representative Brian Porter
Representative Jerry Mackie
COMMITTEE CALENDAR
*HB 43: "An Act relating to the crime of conspiracy."
HELD IN COMMITTEE FOR FURTHER CONSIDERATION
*HB 69: "An Act relating to registration of and
information about sex offenders and amending
Alaska Rules of Criminal Procedure 11(c) and
32(b)."
HELD IN COMMITTEE FOR FURTHER CONSIDERATION
*HB 81: "An Act relating to the longevity bonus program."
HELD IN COMMITTEE FOR FURTHER CONSIDERATION
HJR 9: Proposing an amendment to the Constitution of the
State of Alaska prohibiting the imposition of
state personal income taxation, state ad valorem
taxation on real property, or state retail sales
taxation without the approval of the voters of the
state.
MOVED OUT OF COMMITTEE WITH A DO PASS
RECOMMENDATION
HB 36: "An Act relating to retirement incentive programs
for the public employees' retirement system, the
teachers' retirement system, and certain persons
under the judicial retirement system; and
providing for an effective date."
HELD IN COMMITTEE FOR FURTHER CONSIDERATION
HB 42: An Act relating to retirement incentive programs
for the public employees' retirement system, the
teachers' retirement system, and certain persons
under the judicial retirement system; and
providing for an effective date.
HELD IN COMMITTEE FOR FURTHER CONSIDERATION
(* first public hearing)
WITNESS REGISTER
Representative Brian Porter
State Capitol, Room 122
Juneau, AK 99811-1182
465-3930
Position Statement: Prime Sponsor of HB 43
Richard Burton, Commissioner
Department of Public Safety
P.O. Box 111200
Juneau, AK 99811-1200
465-4322
Position Statement: Supported HB 43
Doug Wooliver, Legislative Aide
to Representative Ramona Barnes
State Capitol, Room 208
Juneau, AK 99811-1182
465-3438
Position Statement: Gave an overview of HB 69
Mel Krogseng, Legislative Aide
to Representative Ramona Barnes
State Capitol, Room 208
Juneau, AK 99811-1182
465-3438
Position Statement: Explained CSHB 69
Cindy Smith, Director
Network on Domestic Violence & Sexual Assault
419 6th Street, Suite 1116
Juneau, AK 99801
586-3650
Position Statement: Supported HB 69
Andy Klamser
Council on Domestic Violence & Sexual Assault
P.O. Box 111200
Juneau, AK 99811-1200
465-4356
Position Statement: Supported HB 69
Nancy Usera, Commissioner
Department of Administration
P.O. Box 110200
Juneau, AK 99811-0200
465-2200
Position Statement: Supported HB 81
Representative Jerry Mackie
State Capitol
Court Building, Room 602
Juneau, AK 99811-1182
465-4925
Position Statement: Prime Sponsor of HB 36
PREVIOUS ACTION
BILL: HB 43
SHORT TITLE: CRIME OF CONSPIRACY
BILL VERSION:
SPONSOR(S): REPRESENTATIVE(S) PORTER,Phillips,Olberg
TITLE: "An Act relating to the crime of conspiracy."
JRN-DATE JRN-PG ACTION
01/11/93 35 (H) READ THE FIRST TIME/REFERRAL(S)
01/11/93 35 (H) STATE AFFAIRS, JUDICIARY,
FINANCE
01/18/93 102 (H) COSPONSOR(S): OLBERG
02/02/93 (H) STA AT 08:00 AM CAPITOL 102
BILL: HB 69
SHORT TITLE: SEX OFFENDER REGISTRATION
BILL VERSION:
SPONSOR(S): REPRESENTATIVE(S) BARNES,Ulmer,Phillips,
Nordlund,Porter,Olberg,James,B.Davis
TITLE: "An Act relating to registration of and information
about sex offenders and amending Alaska Rules of Criminal
Procedure 11(c) and 32(b)."
JRN-DATE JRN-PG ACTION
01/15/93 89 (H) READ THE FIRST TIME/REFERRAL(S)
01/15/93 90 (H) STATE AFFAIRS, JUDICIARY,
FINANCE
01/27/93 169 (H) COSPONSOR(S): NORDLUND
01/29/93 183 (H) COSPONSOR(S): PORTER
02/01/93 202 (H) COSPONSOR(S): OLBERG, JAMES,
B.DAVIS
02/02/93 (H) STA AT 08:00 AM CAPITOL 102
BILL: HB 81
SHORT TITLE: PHASE OUT LONGEVITY BONUS
BILL VERSION:
SPONSOR(S): RULES BY REQUEST OF THE GOVERNOR
TITLE: "An Act relating to the longevity bonus program."
JRN-DATE JRN-PG ACTION
01/22/93 130 (H) READ THE FIRST TIME/REFERRAL(S)
01/22/93 130 (H) STATE AFFAIRS, JUDICIARY,
FINANCE
01/22/93 130 (H) -2 FNS (ADM) 1/22/93
01/22/93 130 (H) GOVERNOR'S TRANSMITTAL LETTER
02/02/93 (H) STA AT 08:00 AM CAPITOL 102
BILL: HJR 9
SHORT TITLE: VOTER APPROVAL FOR NEW TAXES
BILL VERSION:
SPONSOR(S): REPRESENTATIVE(S) MARTIN
TITLE: Proposing an amendment to the Constitution of the
State of Alaska prohibiting the imposition of state personal
income taxation, state ad valorem taxation on real property,
or state retail sales taxation without the approval of the
voters of the state.
JRN-DATE JRN-PG ACTION
01/04/93 23 (H) PREFILE RELEASED
01/11/93 23 (H) READ THE FIRST TIME/REFERRAL(S)
01/11/93 23 (H) STATE AFFAIRS, JUDICIARY,
FINANCE
01/19/93 (H) STA AT 08:00 AM CAPITOL 102
01/21/93 (H) STA AT 08:00 AM CAPITOL 102
01/21/93 (H) MINUTE(STA)
01/23/93 (H) STA AT 08:00 AM CAPITOL 102
01/23/93 (H) MINUTE(STA)
01/26/93 (H) STA AT 08:00 AM CAPITOL 102
01/26/93 (H) MINUTE(STA)
01/30/93 (H) STA AT 08:00 AM CAPITOL 102
01/30/93 (H) MINUTE(STA)
01/30/93 (H) MINUTE(STA)
BILL: HB 36
SHORT TITLE: RETIREMENT INCENTIVE PROGRAM
BILL VERSION:
SPONSOR(S): REPRESENTATIVE(S) MACKIE,Hudson,Ulmer,B.Davis,
Brice
TITLE: "An Act relating to retirement incentive programs for
the public employees' retirement system, the teachers'
retirement system, and certain persons under the judicial
retirement system; and providing for an effective date."
JRN-DATE JRN-PG ACTION
01/08/93 33 (H) PREFILE RELEASED
01/11/93 33 (H) READ THE FIRST TIME/REFERRAL(S)
01/11/93 33 (H) STATE AFFAIRS, LABOR & COMMERCE,
FINANCE
01/28/93 (H) STA AT 08:00 AM CAPITOL 102
01/28/93 (H) MINUTE(STA)
01/28/93 (H) MINUTE(STA)
01/29/93 182 (H) COSPONSOR(S): HUDSON- FIRST
COSPONSOR
01/29/93 182 (H) COSPONSOR(S): B.DAVIS, BRICE
01/30/93 (H) STA AT 08:00 AM CAPITOL 102
01/30/93 (H) MINUTE(STA)
01/30/93 (H) MINUTE(STA)
BILL: HB 42
SHORT TITLE: RETIREMENT INCENTIVE PROGRAM
BILL VERSION:
SPONSOR(S): REPRESENTATIVE(S) HUDSON,Ulmer
TITLE: "An Act relating to retirement incentive programs for
the public employees' retirement system, the teachers'
retirement system, and certain persons under the judicial
retirement system; and providing for an effective date."
JRN-DATE JRN-PG ACTION
01/11/93 35 (H) READ THE FIRST TIME/REFERRAL(S)
01/11/93 35 (H) STATE AFFAIRS, LABOR & COMMERCE,
FINANCE
01/28/93 (H) STA AT 08:00 AM CAPITOL 102
01/28/93 (H) MINUTE(STA)
01/28/93 (H) MINUTE(STA)
01/30/93 (H) STA AT 08:00 AM CAPITOL 102
01/30/93 (H) MINUTE(STA)
ACTION NARRATIVE
TAPE 93-11, SIDE A
Number 000
The seventh meeting of the House State Affairs Committee was
called to order at 8:00 a.m. on Tuesday, February 2, 1993,
by Chairman Vezey and he noted a quorum was present.
HB 43: CRIME OF CONSPIRACY
CHAIRMAN AL VEZEY read the title of HB 43, and invited
Representative Brian Porter, the sponsor of HB 43, to
testify.
Number 030
REPRESENTATIVE BRIAN PORTER, PRIME SPONSOR of HB 43, as a
former investigator stated the purpose of HB 43. He
explained the crime of conspiracy would cover only serious
crimes against persons and not such things as cheating on
income tax. Felonies and unclassified felonies such as
first degree murder, kidnapping, supplying narcotics to
minors, and first degree crimes of assault, robbery, sexual
assault, and arson were included. These crimes included
serious injury or death to a person.
Number 201
CHAIRMAN VEZEY asked for previous history regarding
conspiracy legislation.
REPRESENTATIVE PORTER explained the history of other
legislation including some that did not pass and why the
bills did not pass.
Number 238
CHAIRMAN VEZEY asked about charge bargaining as referred to
on page 3, section 3, of HB 43.
REPRESENTATIVE PORTER discussed soliciting or attempting to
commit a crime and defined soliciting. He said intent must
be proved beyond a reasonable doubt and the person must take
a step toward completion of the act.
Number 298
REPRESENTATIVE FRAN ULMER shared concerns of people being
framed. She said it did not say the defendant must act.
She also discussed the issue of credibility.
Number 328
REPRESENTATIVE PORTER stated with any crime a person could
be framed but it must be proved the defendant was involved.
Number 362
RICHARD BURTON, COMMISSIONER, DEPARTMENT OF PUBLIC SAFETY,
spoke in support of HB 43. He explained the history of
conspiracy bills, saying the topic was too broad in past
legislation. He stated HB 43 narrowed it down and would be
a tool to use to connect the person who started the crime.
He stated Alaska had the highest rate of crime per capita.
Number 432
REPRESENTATIVE BETTYE DAVIS asked questions regarding the
fiscal note.
Number 434
REPRESENTATIVE PORTER explained the fiscal notes from the
Public Defender Agency and the Public Advocacy Agency. He
described the jobs and cases given to each agency.
Number 466
REPRESENTATIVE B. DAVIS said the fiscal note was inflated.
Number 468
CHAIRMAN VEZEY restated the costs in the fiscal note were
probably not a reflection of the change in law that would
come from HB 43.
Number 480
REPRESENTATIVE PORTER reiterated the agencies were showing
within the fiscal note a cost that increased six, seven, or
eight percent of their budget.
Number 510
REPRESENTATIVE HARLEY OLBERG stated while on the finance
subcommittee he was surprised at the budget costs for the
Office of Public Advocacy. He also shared his frustration
over the fiscal note being worthless.
Number 527
REPRESENTATIVE ULMER discussed the function of the Office of
Public Advocacy. She stated the fiscal note assumed there
would be twenty-five conspiracy cases annually which would
increase their work load.
Number 546
REPRESENTATIVE PORTER said the agencies failed to recognize
the cases which would be conspiracy were the same cases that
would be defended and convicted from the original act
performed. Therefore, the fiscal note should reflect no
increase in cost, he added.
HB 69: SEX OFFENDER REGISTRATION
Number 553
CHAIRMAN VEZEY said the committee would need to review HB 43
more. He then read the title of HB 69 and asked Doug
Wooliver if he would like to speak on behalf of the sponsor,
Representative Barnes.
Number 560
DOUG WOOLIVER, LEGISLATIVE AIDE TO REPRESENTATIVE BARNES,
PRIME SPONSOR of HB 69, gave an overview of the value in
registering sex offenders. He stated attempted sexual
assault convictions would also be included. He said the
registration length started after the unconditional
discharge. He gave a list of the information that would be
available to the public and explained why the information
would be barred by the right to privacy. He shared
statistics regarding recidivism. The information would
better protect the public by allowing background checks to
be easier, he said, and spoke of other states with similar
statutes.
TAPE 93-11, SIDE B
Number 099
CHAIRMAN VEZEY asked a question relating to registration in
section 4, page 2, paragraph C of HB 69.
Number 118
MEL KROGSENG, LEGISLATIVE AIDE TO REPRESENTATIVE RAMONA
BARNES, said there were areas of the North Slope where
Public Safety offices were closer than a State Trooper's
office. It would be extreme to require someone to travel
200 miles to register at a troopers' office when the
Department of Public Safety office would be acceptable, he
said.
Number 149
REPRESENTATIVE PETE KOTT asked if HB 69 included
registration of minors.
Number 154
MR. WOOLIVER said it would include minors who were convicted
as an adult, yet juveniles might petition the court to seal
their records.
REPRESENTATIVE B. DAVIS discussed the amendment difference
between the committee substitute (CS) and the original one.
CHAIRMAN VEZEY discussed the amendment.
Number 203
MR. WOOLIVER explained the change in CSHB 69 and what the
changes did.
Number 253
REPRESENTATIVE B. DAVIS asked if the chair would like her to
move CSHB 69.
CHAIRMAN VEZEY stated the committee should review CSHB 69
until the next meeting.
Number 260
REPRESENTATIVE KOTT asked if CSHB 69 would be retroactive
and if all sex offenders would register. He also referenced
the fiscal note showing no increased costs.
Number 268
MR. WOOLIVER explained the fiscal note from Public Safety.
Number 286
REPRESENTATIVE KOTT discussed the Expo Facto Law.
Number 289
MR. WOOLIVER stated the Expo Facto Law was in effect when
punishment changed. He added CSHB 69 was regulatory only
and did not promulgate an increase in punishment.
Number 330
REPRESENTATIVE OLBERG clarified CSHB 69 applied only to sex
offenders.
Number 335
MR. WOOLIVER responded in the affirmative.
Number 343
CINDY SMITH, DIRECTOR, NETWORK ON DOMESTIC VIOLENCE & SEXUAL
ASSAULT, spoke in support of CSHB 69. She shared statistics
regarding sex crimes and said Alaska was the rape capital of
the nation. She noted there was a higher suicide rate on
those assaulted, sex offenders reoffend, and most offenders
were not treated. When there was treatment, there was no
follow-up. Most offenders had a prior history of assaults
before being caught. They hide information and CSHB 69
would make past information obtainable, she added.
Number 397
REPRESENTATIVE GARY DAVIS asked if there were statistics
regarding rehabilitated sex offenders.
Number 400
MS. SMITH was not aware of any such statistics in Alaska.
Nationally the recidivism was twenty to forty percent with
treatment, she added.
Number 412
ANDY KLAMSER, COUNCIL ON DOMESTIC VIOLENCE AND SEXUAL
ASSAULT, spoke in support of CSHB 69. He was a police
officer for 15 years. For the past 9 years he investigated
sex offenders. He discussed treatment for offenders. Many
people came to Alaska to get away from their past, he said.
He added CSHB 69 would be a reminder of how seriously Alaska
took these crimes and their conduct. It might be a good
deterrent but that was not the purpose of CSHB 69 since it
was not an added punishment, he noted.
Number 445
REPRESENTATIVE KOTT asked if there were any statistics to
show if the registration program might deter sex offenders
from repeating their crime.
Number 451
MR. KLAMSER was not aware of any such statistics because it
would be too hard to track.
HB 81: PHASE OUT LONGEVITY BONUS
Number 463
CHAIRMAN VEZEY stated the committee would hold CSHB 69 for
further consideration. He then read the title of HB 81 and
invited Commissioner Nancy Usera to testify.
Number 475
NANCY USERA, COMMISSIONER, DEPARTMENT OF ADMINISTRATION,
stated the longevity bonus was within her department. She
explained the history of the longevity bonus, the intent of
which was to have the bonus be an incentive to help keep
seniors in Alaska. The cost of the program grew five
million dollars per year. One thousand people have come
annually into the program. The Governor's proposal was very
simple, direct and doable, she said.
MS. USERA explained the step down program as two hundred and
fifty dollars per month to those who were grandfathered into
the program. After three years of stepping down the amount
to one hundred dollars the program would end. She said, "If
not this, what? If not now, when?" This protected as many
people as possible who have come to rely on this revenue,
she added, and noted there was a negative fiscal note from
the cost savings of the step down.
Number 530
CHAIRMAN VEZEY asked about the negative fiscal note from the
Division of Pioneer Benefits.
Number 534
COMMISSIONER USERA explained the cost of cutting checks.
She spoke of the variety of proposals that had been looked
at and discussed in prior years. The Department of
Community and Regional Affairs was using a model for
legislators but the Department of Administration did not
have access to this model, she said.
Number 547
REPRESENTATIVE OLBERG asked about new longevity bonus
recipients.
Number 551
COMMISSIONER USERA explained the migration of seniors into
the state that became grandfathered into the program.
Number 562
REPRESENTATIVE G. DAVIS discussed the residency requirement.
Number 570
COMMISSIONER USERA discussed cases regarding residency
preference. There was a program phase out which would allow
the issue of residency repeal for Longevity, Permanent Fund
and Pioneer's Home.
Number 587
REPRESENTATIVE ULMER asked for information regarding the
number of people receiving the longevity bonus who would
have qualified originally under the program.
Number 590
COMMISSIONER USERA stated there were 401 people and people
were added each year if they were here before statehood, had
25 years residency, and were 65 years old. Under today's
program, 125,000 people ultimately qualified. From the
4,700 in 1973 that came into the program only 400 were left,
and currently 23,000 people received the bonus, she advised.
Number 611
REPRESENTATIVE ULMER asked why the step down way was better
than the annuity option.
Number 615
COMMISSIONER USERA explained the history of the annuity
program and its support. The annuity plan called for a
fifteen year phase out, she disclosed.
TAPE 93-12 SIDE A
Number 000
COMMISSIONER USERA continued to explain the fifteen year
phase out. The cost was now eighty-eight million dollars
more because that program was not adopted in 1986. Further
discussion of the annuity program in comparison to the step
down was given. People under the annuity plan who needed
the program would not use it. They need money today, she
said.
HJR 9: VOTER APPROVAL FOR NEW TAXES
Number 023
CHAIRMAN VEZEY thanked Commissioner Usera and said HB 81
would be held in committee for further consideration. He
read the title of HJR 9 and asked the committee if they
would like to take action to pass the resolution.
Number 050
REPRESENTATIVE JERRY SANDERS made a MOTION to pass HJR 9 to
the Judiciary Committee. Roll was taken and HJR 9 PASSED
with four yeas and two neas.
HB 36: RETIREMENT INCENTIVE PROGRAM
Number 068
CHAIRMAN VEZEY asked for comments or questions from the
committee regarding HB 36.
Number 119
REPRESENTATIVE JERRY MACKIE, PRIME SPONSOR OF HB 36, said he
would be happy to answer any questions. He requested the
committee pass HB 36 and said the House Finance Committee
would address any concerns relating to costs for the
retirement incentive program.
Number 148
CHAIRMAN VEZEY stated concerns with the impact on retirement
funds and would have a list of questions to give to
Representative Mackie.
Number 158
REPRESENTATIVE ULMER said the Budget and Audit Committee and
the full Finance Committee would review HB 36. She asked if
the chair would like a motion to move the bill.
Number 213
CHAIRMAN VEZEY stated he had questions to submit to
Representative Mackie's office regarding the Department of
Revenue, financial statement, audit actuaries and retirement
fund.
ADJOURNMENT
CHAIRMAN VEZEY adjourned the meeting at 9:50 a.m., and HB 36
was held over for further consideration.
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