Legislature(1993 - 1994)
04/23/1993 10:00 AM Senate FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
MINUTES
SENATE FINANCE COMMITTEE
April 23, 1993
10:00 a.m.
TAPES
SFC-93, #69, Side 2 (575-225)
CALL TO ORDER
Senator Drue Pearce, Co-chair, convened the meeting at
approximately 10:00 a.m.
PRESENT
In addition to Co-chair Pearce, Senators Kelly, Rieger, and
Sharp were present. Senator Jacko arrived soon after the
meeting began. Co-chair Frank and Senator Kerttula did not
attend.
ALSO ATTENDING: Senator Mike Miller; Representative Cynthia
Toohey; Randy Welker, Legislative Auditor; Margot Knuth,
Assistant Attorney General, Dept. of Law; Juanita Hensley,
Chief, Driver Services, Division of Motor Vehicles, Dept. of
Public Safety; Cindy Smith, Alaska Network on Domestic
Violence; Dana LaTour, Special Assistant, Legislative
Liaison, Dept. of Corrections; Geron Bruce, Special
Assistant, Dept. of Fish and Game; Heidi Bellinghiri, aide
to Representative Sanders; and aides to committee members
and other members of the legislature.
SUMMARY INFORMATION
SB 79 - BOARDS/COMMISSIONS/COUNCILS/AUTHORITIES
CSSB 79 (Fin) was reported out of committee with a
new title and zero fiscal note from the Dept. of
Pubic Safety.
SB 99 - FINANCIAL ADMINISTRATION OF STATE GOVT.
Co-chair Pearce announced that the bill would be
removed from the calendar for compilation of
numerous amendments and tracking of the amendments
with other fee legislation.
HB 64 - ANTI-STALKING LAW
Testimony was presented by Representative Toohey
and Margot Knuth. An amendment proposed by the
Dept. of Law was adopted. SCS CSHB 64 (Fin) was
reported out of committee with zero fiscal notes
from the Dept. of Administration, Dept. of
Corrections, Dept. of Law, and Dept. of Public
Safety.
HB 96 - EXTEND ALCOHOL BEVERAGE CONTROL BOARD
The bill was reported out of committee with a zero
fiscal note from the Dept. of Revenue.
SENATE BILL NO. 99
An Act relating to the improvement of state finances
through reduction of operating costs of certain state
agencies and establishment of certain fees; and
providing for an effective date.
Upon convening the meeting, Co-chair Pearce announced that
SB 99 would be removed from the agenda. The committee
continues to be inundated with proposed amendments for the
bill. Staff will organize the amendments and track them to
ensure that provisions from other legislation moving through
the system are not duplicated. The bill will be scheduled
for discussion by committee at the next meeting. Co-chair
Pearce asked that members review the spread sheet on the
legislation.
(Senator Jacko arrived at this time.)
SENATE BILL NO. 79
An Act setting termination dates for various boards,
commissions, councils, agencies, committees, and
divisions of state government; repealing obsolete
statutes relating to the State Fire Commission and the
Board of Electrical Examiners; repealing obsolete
statutes relating to termination of agency programs and
activities; increasing to 10 years the normal maximum
interval for review of boards, commissions, and other
entities that are subject to sunset reviews; and
providing for an effective date.
Co-chair Pearce directed that SB 79 be brought before
committee for discussion and referenced a draft CSSB 79
(Fin) (8-LS0521\O, Lauterbach, 4/22/93). She explained that
SB 79 contained a number of changes relating to boards and
commissions. CSSB 79 (Fin) merely extends the Council on
Domestic Violence and Sexual Assault to June 30, 1997.
Senator Jacko MOVED for adoption of the "O" version of CSSB
79 (Fin). No objection having been raised, CSSB 79 (Fin)
was ADOPTED. Senator Jacko MOVED that CSSB 79 (Fin) pass
from committee with individual recommendations. Senator
Kelly said he was not opposed to the bill, but he had
questions regarding a repealer contained in the original
legislation. He then asked that passage of the bill be
delayed pending resolution of that question. Co-chair
Pearce noted that statutes do not allow the legislature to
deal with more than one sunset in the same bill. Unless the
repealer applies to the Council on Domestic Violence and
Sexual Assault, it could not be included within CSSB 79
(Fin). Senator Jacko WITHDREW his motion for passage, and
CSSB 79 (Fin) was temporarily HELD in committee.
[See page 5 of these minutes for further action on this
bill.]
CS FOR HOUSE BILL NO. 64(FIN)
An Act creating the crimes of stalking in the first and
second degrees and providing penalties for their
violation; providing a peace officer with the authority
to arrest without a warrant a person the peace officer
has reasonable cause to believe has committed stalking;
relating to the release before trial of a person
accused of stalking; prohibiting the suspension of
imposition of sentence of a person convicted of
stalking; relating to the crime of assault in the third
degree; and providing for an effective date.
Co-chair Pearce directed that CSHB 64 (Fin) be brought on
for discussion and referenced SCS CSHB 64 (STA).
REPRESENTATIVE CYNTHIA TOOHEY came before committee in
support of the bill. She attested to much publicity in 1989
surrounding the stalking death of actress Rebecca Schaeffer
by an obsessed fan. The following year, four California
women were murdered by stalkers. In those cases the victims
had been stalked and threatened and had obtained temporary
restraining orders against their assailants. California
reacted by passing the first anti-stalking law. Thirty-two
states have passed similar laws, and legislation is pending
in fifteen others. That action is the result of victim
frustration with current law enforcement inability to
intervene prior to a physical attack upon the victim.
FBI reports indicate that, in 1990, 30% of female murder
victims were slain by husbands or boyfriends. Approximately
90% had called the police at least once seeking protection,
and more than half had called five times or more.
Representative Toohey noted that Alaska is not free of
stalkers. She then directed attention to backup material
containing narrative accounts of stalking incidents in
Anchorage.
The proposed bill is modeled after Michigan law passed in
December of 1992. Legislative staff worked closely with the
Dept. of Law, Dept. of Public Safety, Council on Domestic
Violence and Sexual Assault, law enforcement agencies, and
constituents to develop the legislation now before
committee. The legislation unanimously passed House
committees of referral and the House of Representatives. It
is accompanied by five zero fiscal notes.
MARGOT KNUTH, Assistant Attorney General, Criminal Division,
Dept. of Law, came before committee in response to a
question from Senator Rieger concerning a proposed
amendment. She explained that affirmative defense
provisions were added to the bill (page 2, lines 23-27) when
it was before Senate State Affairs. The affirmative defense
recognizes that an individual cannot be prosecuted for
exercising his or her constitutional rights. That is true
with stalking as with any other criminal law in Alaska. The
proposed amendment would add the following at page 2, line
27:
After "section" add:
Whether an act of the defendant is a
constitutionally protected activity is a
question of law to be determined by the
court before* trial.
The foregoing language is patterned after AS 11.76.110(b)
which relates to interference with constitutional rights.
The Dept. of Law is requesting that the amendment be
incorporated so the bill is clear and consistent with
existing statutes. Senator Rieger suggested that use of
"prior to trial" rather than "before trial" would be more
appropriate. Ms. Knuth concurred.
*Senator Rieger MOVED for adoption of the proposed
amendment, substituting "prior to" for "before." Co-chair
Pearce called for a show of hands on the motion. The motion
CARRIED on a unanimous vote of the 5 members in attendance,
and the amendment was ADOPTED.
Co-chair Pearce called for additional questions or comments.
None were forthcoming.
Senator Jacko MOVED that SCS CSHB 64 (Fin) pass from
committee with individual recommendations. No objection
having been raised, SCS CSHB 64 (Fin) was REPORTED OUT of
committee with zero fiscal notes from the Dept. of Law,
Dept. of Corrections, Dept. of Public Safety, and Dept. of
Administration. All members present signed the committee
report with a "do pass" recommendation. (Co-chair Frank and
Senator Kerttula were not present and did not sign.)
HOUSE BILL NO. 96
An Act extending the termination date of the Alcoholic
Beverage Control Board.
Co-chair Pearce directed that HB 96 be brought before
committee for discussion. She explained that it merely
extends the sunset date of the ABC board to June 30, 1998.
The board was not scheduled to sunset until 1994, but
Representative Sanders wishes to extend the date at this
time. The bill is accompanied by a zero fiscal note.
Co-chair Pearce called for questions or comments. None were
forthcoming.
Senator Rieger MOVED that HB 96 pass from committee with
individual recommendations and the accompanying fiscal note.
No objection having been raised, HB 96 was REPORTED OUT of
committee with a zero fiscal note from the Dept. of Revenue.
All members present signed the committee report with a "do
pass" recommendation. (Co-chair Frank and Senator Kerttula
were absent from the meeting. Senator Kelly did not sign
the report.)
CS FOR SENATE BILL NO. 79(FIN)
An Act extending the termination date of the Council on
Domestic Violence and Sexual Assault.
Discussion reverted to an earlier adopted CSSB 79 (Fin).
Co-chair Pearce asked if Senator Kelly's concerns had been
satisfied. He explained that the repealer giving rise to
his concern "is being taken care of in another piece of
legislation." He then advised he had no objection to CSSB
79 (Fin). Senator Jacko MOVED that CSSB 79 (Fin) pass from
committee with individual recommendations. No objection
having been raised, CSSB 79 (Fin) was REPORTED OUT of
committee with a zero fiscal note from the Dept. of Public
Safety. Co-chair Pearce and Senators Kelly, Rieger, and
Sharp signed the committee report with a "do pass"
recommendation. Senator Jacko signed "no recommendation."
(Co-chair Frank and Senator Kerttula were absent from the
meeting and did not sign.)
ADJOURNMENT
The meeting was adjourned at approximately 10:20 a.m.
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