Legislature(1997 - 1998)
04/09/1997 06:09 PM 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 9, 1997
6:09 P.M.
TAPES
SFC-97, # 91, Sides 1 & 2 (000-590, 590-000)
SFC-97, # 92, Sides 1 & 2 (000-590, 590-527)
CALL TO ORDER
Senator Bert Sharp, Cochair, Senate Finance Committee,
reconvened the meeting at approximately 6:09 P.M.
PRESENT
In addition to COCHAIR SHARP, SENATORS PHILLIPS, TORGERSON,
PARNELL and ADAMS were present when the meeting was
reconvened. COCHAIR PEARCE and SENATOR DONLEY arrived as
the meeting was in progress.
Also Attending:
SENATOR ROBIN TAYLOR; BRUCE CAMPBELL, Staff, Representative
Pete Kelly; JULES TILESTON, Director, Division of Mining &
Water Management, Department of Natural Resources; JAMES
MCCOMAS, President, Alaskans Against the Death Penalty
(AADP), Anchorage; SUSI GREGG FOWLER, Juneau; CHARLES
CAMPBELL, Juneau; BARBARA BRINK, Acting Public Defender,
Department of Administration; JOSH FINK, AADP; MARGOT KNUTH,
Assistant Attorney General; Department of Law; GUY BELL,
Director, Division of Administrative Services, Department of
Economic Development; MIKE NIZICH, Director, Division of
Administrative Services, Office of the Governor; fiscal
analysts and aides to committee members.
Also Attending Via Teleconference:
DUDLEY SHARP, Vice President, Justice for All, Houston,
Texas; CATHY KAINER, Anchorage; HUGH FLEISCHER, Anchorage;
BARBARA HOOD, Anchorage.
SUMMARY INFORMATION
HB 46 MINING CLAIMS ON PUBLIC LANDS
BRUCE CAMPBELL testified on behalf of HB 46. SENATOR
PARNELL MOVED Amendment #1. SENATOR ADAMS objected
then withdrew his objection. Without further
objection, Amendment #1 was ADOPTED. JULES TILESTON
testified in support of HB 46. SENATOR ADAMS MOVED
SCSCSHB 46(FIN) from committee with individual
recommendations. Without objection, SCSCSHB 46(FIN)
was REPORTED OUT with a new fiscal note (7.5) from the
Department of Natural Resources.
SB 60 ADVISORY VOTE ON CAPITAL PUNISHMENT
SENATOR TAYLOR testified on behalf of the bill. DUDLEY
SHARP testified in support via teleconference.
Testimony opposed to SB 60 was heard from CATHY KAINER,
HUGH FLEISCHER, BARBARA HOOD, JAMES MCCOMAS, SUSI GREGG
FOWLER, CHARLES CAMPBELL, BARBARA BRINK and JOSH FINK.
Information was provided by MARGOT KNUTH. SENATOR
ADAMS MOVED Amendment #1. COCHAIR SHARP and SENATOR
TORGERSON objected. Amendment #1 FAILED by a 6 to 1
vote. SENATOR ADAMS MOVED Amendment #2. SENATOR
TORGERSON objected. Amendment #2 FAILED by a 6 to 1
vote. SENATOR TORGERSON MOVED SB 60 from committee
with individual recommendations and a previous fiscal
note from the Division of Elections (3.0). COCHAIR
SHARP and SENATOR ADAMS objected. SB 60 was REPORTED
OUT by a 6 to 1 vote, with a previous fiscal note from
the Division of Elections (3.0).
HB 75 APPROPRIATIONS: OPERATING BUDGET
HB 76 APPROPRIATION: MENTAL HEALTH PROGRAM
Finance Subcommittee close-outs were taken up for
Department of Commerce and Economic Development (DCED)
and Office of the Governor. SENATOR TORGERSON MOVED
for incorporation of the DCED Subcommittee
recommendations into HB 75 and HB 76. SENATOR ADAMS
objected. Testimony from GUY BELL was heard. SENATOR
ADAMS withdrew his objection. Without further
objection, the DCED Subcommittee recommendations were
ADOPTED and incorporated into HB 75 and HB 76. SENATOR
ADAMS MOVED for incorporation of the Office of the
Governor Subcommittee recommendations into HB 75 and HB
76, then objected to the motion. Testimony was heard
from MIKE NIZICH. SENATOR ADAMS withdrew his
objection. Without further objection, the Office of
the Governor Subcommittee recommendations were
incorporated into HB 75 and HB 76.
SB 63 DEADLY WEAPON OFFENSES BY JUVENILES
SENATOR DONLEY, Sponsor, testified on behalf of the
bill. Also testifying were MARGOT KNUTH and BARBARA
BRINK. SENATOR DONLEY MOVED SB 63 from committee with
individual recommendations. There was discussion
concerning fiscal notes. SENATOR DONLEY withdrew and
restated his motion to include all previously published
fiscal notes and a new Senate Finance Committee fiscal
note for the Department of Corrections (indeterminate).
SENATOR ADAMS objected. SB 63 was REPORTED OUT of
committee by a 6 to 1 vote with previous fiscal notes
from the Department of Administration (indeterminate)
and the Court System (5.5), a zero fiscal note from the
Department of Public Safety, and a new Senate Finance
Committee fiscal note for the Department of Corrections
(indeterminate).
SB 70 UNLAWFUL DISCHARGE OF A FIREARM
SENATOR DONLEY, Sponsor, testified on behalf of the
bill. SENATOR ADAMS MOVED CSSB 70(JUD) from committee
with individual recommendations. Without objection,
CSSB 70(JUD) was REPORTED OUT with previous zero fiscal
notes from the Department of Public Safety and the
Department of Health and Social Services, a previous
fiscal note from the Department of Law, new zero fiscal
notes from the Department of Corrections, the
Department of Administration (Office of Public
Advocacy) and the Court System, and a new fiscal note
from the Department of Administration (48.1 Public
Defender Agency).
CS FOR HOUSE BILL NO. 46(RES)
"An Act relating to mining; and providing for an effective
date."
BRUCE CAMPBELL, Staff, Representative Pete Kelly, explained
the bill to the committee. It was developed as part of an
extensive review process conducted by large mining
operations on state land such as Fort Knox, Illinois Creek
and others. It was found there were areas in the code that
could be more consistent. The bill amends the Title 27
mining code to allow coal miners wider access to federal
funds for permitting related activities. It amends the
Title 38 mining code to correct inconsistencies and reduce
paperwork and establishes a 520 acre Petersville
Recreational Mining Area.
In response to a question from SENATOR ADAMS, MR. CAMPBELL
referred to page 10, line 28 and explained that the
calculation was rounded to the nearest five dollar units.
SENATOR ADAMS inquired how HB 46 would stimulate mining
activities in Alaska. MR. CAMPBELL replied that the bill
did not have that broad of goal, it was intended more to
provide consistency throughout the code. SENATOR ADAMS
noted an amendment in committee files and asked for
explanation.
MR. CAMPBELL stated the amendment was a clarification of
wording changes related to location, lease and permit,
adding that there was no intent to revoke anyone's prior
existing rights acquired through location, lease or permit.
SENATOR PARNELL MOVED Amendment #1. SENATOR ADAMS objected
and asked to hear from the department.
JULES TILESTON, Director, Division of Mining & Water
Management, Department of Natural Resources, testified in
support of the amendment, stating it was a clean way to
clarify the intent. SENATOR ADAMS withdrew his objection.
Without further objection, Amendment #1 was ADOPTED.
SENATOR ADAMS asked the department's overall position on HB
46. MR. TILESTON stated support and urged its passage.
SENATOR ADAMS MOVED SCSCSHB 46(FIN) from committee with
individual recommendations. Without objection, SCSCSHB
46(FIN) was REPORTED OUT with a new fiscal note (7.5) from
the Department of Natural Resources.
SENATE BILL NO. 60
"An Act providing for an advisory vote on the issue of
capital punishment."
SENATOR ROBIN TAYLOR, Sponsor of SB 60, addressed the
committee. He stated the bill was intended to seek the
advise of Alaska voters on the controversial issue of
capital punishment. Passage of the bill would not impose
the death penalty, it would place on the ballot the question
of whether the legislature should enact a capital punishment
law. SENATOR TAYLOR continued by reading his sponsor
statement.
SENATOR ADAMS commented that the sponsor knew his position
on the death penalty. It did not deter crime, it killed
innocent people, and discriminated against minorities and
the poor. He drew attention to Amendment #1 which was
before members, commenting that voters should know the cost,
similar to the Frank Initiative. He invited individuals who
would be testifying to comment on the amendment. SENATOR
TAYLOR responded briefly, commenting that the death penalty
was a warning and a deterrent to a class of offenders that
would offend again. He added that there was no protection
for corrections officers who guard people who have committed
multiple homicides. He opposed the Frank Initiative
approach, as it's only purpose was to kill the bill. He
said there was no known basis for determining cost, but
suggested Mr. Sharp, available via teleconference, could
speak to it.
COCHAIR SHARP called for teleconference testimony, asking
witnesses to summarize their comments rather than getting in
a long debate over the pros and cons of the bill.
DUDLEY SHARP, Vice President, Justice for All, Houston,
Texas, testified next. He brought up the issue of financial
analysis, having reviewed the fiscal note. Texas, the
leading executioner in the nation, had daily costs of
incarceration of death row prisoners at $54 per day because
most of the inmates work. He referred to capital cost for a
death house in the fiscal note and commented that Texas did
not even build one, they just converted a room into an
execution facility. He supported having two defense
attorneys for each case as advised in the fiscal note. An
additional item not taken into consideration was where the
fiscal note speculates an average of ten years between
sentence and execution. He stated that it totally negated
the efforts made at the state and federal level to restrict
abuse of the writ of habeas corpus. He rebutted an earlier
statement that there was no evidence that the death penalty
deterred crime. He stated that the moral decision was
whether to save or sacrifice innocent lives. MR. SHARP
summarized that the fiscal note needed additional work, the
death penalty would save innocent lives, deter crime and
provide additional punishment for an additional crime of
murder.
The following individuals testified from Anchorage via
teleconference.
CATHY KAINER spoke in opposition to the bill. She stated
the death penalty cost more than life imprisonment and cited
sources. She believed the sponsor was asking the public to
vote on their opinion on a subject on which they have very
little knowledge, particularly the cost. She stated the
death penalty experiment was failing in all 38 states that
have it and that states without the death penalty generally
had lower murder rates. Texas and Florida, the two states
with the highest number of executions, had some of the
highest murder rates in the country. A 1995 national poll
of police chiefs revealed that they did not believe the
death penalty was effective in fighting crime.
HUGH FLEISCHER testified in opposition to SB 60. He stated
the bill was an abdication of the responsibility of the
legislature by putting it before the public for a vote. He
believed the costs must be provided, citing a figure of $50
million.
BARBARA HOOD opposed SB 60. She encouraged the committee to
insure that any debate on the death penalty be an informed
debate, but the legislation did nothing to insure that. She
gave an example from a New York poll that showed 57 percent
of respondents believed the death penalty would deter crime,
yet a study of executions over the past century found that
murders rose in the months following an execution. She
stated that it didn't cost less to execute. Many states
spend six times more to execute than to keep them in prison
for life.
COCHAIR SHARP invited testimony from those present in Juneau
next.
JAMES MCCOMAS, President, Alaskans Against the Death Penalty
(AADP), Anchorage, testified that there were five reasons to
vote no on an advisory vote. First, there was no reason to
have the death penalty, it wouldn't be cheaper, deter crime
or make it safer. Second, the results of an advisory vote
would represent public misinformation because Alaskans
didn't know much about the issue. He cited statistics to
support his statement. Third, it was the legislature's
responsibility to stop bad public policy and not put every
controversial issue before a public advisory vote. Fourth,
an advisory vote meant politics, not policy, would determine
whether or not we have the death penalty. Fifth, a vote
could only establish popularity of the issue, it couldn't
change any of the facts, costs or effect on crime. MR.
MCCOMAS added that in territorial days, 75 percent of those
executed were Native Alaskans or African-Americans, even
though they only committed 25 percent of the murders. He
summarized that it would be applied to the poor, it would
result in mistaken convictions and widen the gap between
diversities thereby polarizing society. In response to a
question from SENATOR ADAMS, he believed disclosure of the
cost was important.
SUSI GREGG FOWLER of Juneau stated that fear was a motivator
for people to support an idea like the death penalty. The
legislature was in a position to give people accurate
information. The real cost was in human energy and
resources in defining sides. MS. FOWLER testified that
recently members of her husband's family were murdered in
another state. She wanted the killer caught, but did not
want a death penalty because it would not bring healing or
restore the lost lives. She did not want people to kill for
her.
End SFC-97 #91, Side 1, Begin Side 2
CHARLES CAMPBELL of Juneau testified that he was past
director of Corrections and had 45 years in that field. He
stated there was overwhelming consensus that there was no
proof that the death penalty had a deterrent effect. It may
have an opposite effect according to the 1969 study of New
York previously mentioned which postulated that publicized
executions were inclined to incite persons predisposed to
violent crime. MR. CAMPBELL believed the death penalty was
destructive to families of victims because it delayed
closure by an average of eleven years. He urged a no vote.
SENATOR ADAMS inquired if MR. CAMPBELL knew why the American
Bar Association was asking for the termination of executions
in the United States. MR. CAMPBELL responded that there
were four reasons cited as to why the death penalty was not
working. One had to do with unmistakable racial bias,
another was failure of the defendants to have adequate
representation. There was additional discussion about other
options that could be provided on an advisory vote.
The presence of COCHAIR PEARCE was noted.
BARBARA BRINK, Acting Public Defender, Department of
Administration, testified next regarding the fiscal note she
submitted that detailed what would be anticipated. She also
spoke to the use of an advisory ballot to ascertain majority
opinion. She expressed concern with allowing a policy vote
by the general public because majority opinion did not
necessarily make good public policy, citing slavery and
school segregation as examples. In addition, an advisory
vote could create a more difficult position politically
because the legislature could determine the death penalty
was not good for the state. She urged the legislature not
to encourage the public set to criminal policy and called
this the most complicated criminal justice issue any state
could grapple with.
MS. BRINK continued her testimony with an explanation about
the fiscal note. She said that it dealt with the average
rather than the anomalous case. The Department of Law
predicted ten cases per year. She concluded her remarks by
saying the fiscal note was rather conservative and stating
her opinion that the public be informed of the fiscal
impact. She believed it would cost a lot of money for very
little in return and urged that it not be proposed to the
public as if it were a viable alternative.
COCHAIR SHARP inquired who requested the fiscal note. MS.
BRINK responded that it originated from the Department of
Administration. There was brief discussion about the
indeterminate nature of the fiscal note.
SENATOR ADAMS asked for examples of the average cost of
execution in other states. MS. BRINK responded that the
cost in North Carolina was $2.16 million per execution above
the cost of life imprisonment. In California, it was $90
million annually, $78 million of which was the trial level
cost. Florida had 18 executions between 1973 and 1988 for a
cost of $3.2 million each. Texas was estimated at $2.3
million, about three times the cost of life imprisonment.
SENATOR DONLEY questioned the cost comparisons and MS. BRINK
acknowledged that each state counts costs differently.
JOSH FINK, AADP, testified against the bill. He made the
point that it was a complex and multi-faceted issue that
should be decided by the legislature because Alaska was a
representative democracy, not a direct democracy. An
advisory vote was a bad idea because it would be based on
fear, anger and misinformation thereby hamstringing the
legislature and limiting options. He pointed out that there
had been numerous issues facing the state for years but they
had not been put to an advisory vote. SENATOR PHILLIPS
noted that there had been advisory votes on a few issues
such as a unicameral legislature, the capital move and
longevity bonus annuities.
MARGOT KNUTH, Assistant Attorney General, Department of Law,
was available for questions. She noted that there had been
no loss of lives in Alaska institutions in response to an
earlier comment.
SENATOR TAYLOR made a few statements regarding the
testimony. He was disturbed by comments regarding racial
bias in the system and said it was a myth. He cited studies
that supported his statement. SENATOR ADAMS rebutted his
comments, stating that documentation showed that in
territorial Alaska 75 percent of those executed were Alaska
Natives. SENATOR TAYLOR did not dispute the numbers but
commented that it was only three or four people. He
reiterated his point that all the legislation was asking for
was an advisory opinion.
COCHAIR SHARP announced that after a brief recess, COCHAIR
PEARCE would reconvene the meeting and take up the operating
budget close-outs, after which he would continue with SB 60
and other scheduled bills.
Recess at 7:19 P.M.
Reconvene at 7:30 P.M.
CS FOR HOUSE BILL NO. 75(FIN) am(brf sup maj pfld)
"An Act making appropriations for the operating and loan
program expenses of state government, for certain programs,
and to capitalize funds; making an appropriation under art.
IX, sec. 17(c), Constitution of the State of Alaska, from
the constitutional budget reserve fund; and providing for an
effective date."
CS FOR HOUSE BILL NO. 76(FIN)
"An Act making appropriations for the operating and capital
expenses of the state's integrated comprehensive mental
health program; and providing for an effective date."
COCHAIR PEARCE reconvened the meeting to take up close-outs
for the Department of Commerce and Economic Development
(DCED) and the Governor's Office. She noted that DCED did
not include the Divisions of Trade Development and Tourism
because they had been included under a different
subcommittee headed by Senator Donley.
SENATOR TORGERSON had chaired the subcommittee on DCED. He
provided a handout to members to illustrate the
subcommittee's recommendations. He called attention to an
executive order that transferred the Measurements and
Standards component to the Department of Transportation.
The only reduction was for $84.8 thousand in the office of
the commissioner for a vacant position which may not be
vacant after all. He indicated there could be a forthcoming
amendment.
SENATOR TORGERSON MOVED for incorporation of the DCED
Subcommittee recommendations into HB 75 and HB 76. SENATOR
ADAMS objected. SENATOR PHILLIPS inquired about the
location of activity within the Division of Insurance.
GUY BELL, Director, Division of Administrative Services,
Department of Economic Development, responded that there was
a balance of staff between the Anchorage office and the
Juneau office. There was additional discussion about where
the business was generated from and the travel involved.
SENATOR DONLEY inquired about the reason for a half-million
dollar decrease in the governor's budget. MR. BELL
responded that the Divisions of Insurance and Occupational
Licensing had been authorized to roll forward from FY 96 to
FY 97.
SENATOR ADAMS removed his objection. Without further
objection, the DCED Subcommittee recommendations were
ADOPTED and incorporated into HB 75 and HB 76.
SENATOR ADAMS MOVED for incorporation of the Office of the
Governor Subcommittee recommendations into HB 75 and HB 76,
then objected to the motion.
COCHAIR PEARCE pointed out that the only change was a
reduction of $60 thousand for executive operations that
conformed to that made to the DEC budget for the contracted
environmental law position. The governor had incorporated
about $960 thousand of carry-forward funds.
SENATOR ADAMS brought up a concern that the North Slope
Development promotion was missing from the budget. He
thought the committee should continue efforts to get ANWR
open.
COCHAIR PEARCE asked if the governor's office had identified
a reappropriation for that.
MIKE NIZICH, Director, Division of Administrative Services,
Office of the Governor, responded that there was recent
discussion about North Slope development but the funding and
level had not yet been identified. It was anticipated
shortly and he would inform the cochair.
Discussion followed between SENATOR DONLEY, SENATOR ADAMS
and COCHAIR PEARCE about the governor's contingency fund,
lapsed funds and carry-forward funds.
End SFC-97 #91, Side 2
Begin SFC-97 #92, Side 1
SENATOR ADAMS withdrew his objection. Without further
objection, the Office of the Governor Subcommittee
recommendations were incorporated into HB 75 and HB 76.
COCHAIR PEARCE announced upcoming close-out agendas and
briefly recessed the meeting.
COCHAIR SHARP reconvened the meeting and took up SB 60.
SENATE BILL NO. 60
"An Act providing for an advisory vote on the issue of
capital punishment."
A small portion of the meeting was not recorded because of
technical error. The following was taken from log notes.
SENATOR ADAMS moved Amendment #1 and offered an explanation
that the amendment would include costs of implementing a
death penalty along with the advisory vote.
SENATOR TORGERSON objected. There was brief discussion.
A roll call vote was taken on the MOTION to adopt Amendment
IN FAVOR: Adams
OPPOSED: Parnell, Donley, Phillips, Torgerson, Pearce, Sharp
Amendment #1 FAILED by a vote of 1 to 6.
End of log notes.
SENATOR ADAMS MOVED Amendment #2. SENATOR TORGERSON
objected. SENATOR ADAMS explained that the amendment would
give voters a choice of alternatives besides a death
penalty.
A roll call vote was taken on the MOTION to adopt Amendment
IN FAVOR: Adams
OPPOSED: Torgerson, Parnell, Phillips, Donley, Pearce, Sharp
Amendment #2 FAILED by a 6 to 1 vote.
SENATOR PHILLIPS expressed his problem with people's opinion
that they didn't trust the people of the state to be smart
enough to make a decision with an advisory vote. He had
more faith in the people of Alaska and believed they were
intelligent enough to make the right choice. Additional
discussion followed regarding constituent polls on the death
penalty.
SENATOR TORGERSON MOVED SB 60 from committee with individual
recommendations and a previous fiscal note from the Division
of Elections (3.0). COCHAIR SHARP and SENATOR ADAMS
objected. SENATOR ADAMS spoke to his objection. There was
discussion about including costs on the proposition and in
educational pamphlets. SENATOR PARNELL stated that there
was no way to write a ballot proposition that contained all
the costs involved.
A roll call vote was taken on the MOTION.
IN FAVOR: Torgerson, Donley, Phillips, Parnell, Pearce,
Sharp
OPPOSED: Adams
SB 60 was REPORTED OUT by a 6 to 1 vote, with a previous
fiscal note from the Division of Elections (3.0).
SENATE BILL NO. 63
"An Act providing for automatic waiver of juvenile
jurisdiction and prosecution of minors as adults for certain
violations of laws by minors who use deadly weapons to
commit offenses that are crimes against a person, and
relating to the sealing of the records of those minors."
SENATOR DONLEY, Sponsor, explained that SB 63 would add to
existing provisions for automatic waiver of juveniles to
adult court. If someone over sixteen years of age were
charged with using a deadly weapon and had previously been
adjudicated as a delinquent or convicted as an adult for a
similar or more serious crime, they would be waived to adult
court. He estimated that between six and eight individuals
per year would fall into that category.
SENATOR ADAMS gave examples of different scenarios and
inquired where a teen would fall under the new provisions.
SENATOR DONLEY explained that there were variables, such as
if they had been previously charged or convicted, and
offered a sequence of events that would determine whether or
not they would be waived to adult court. He noted a teen
had to be sixteen or older.
SENATOR ADAMS asked for the position of the governor's
juvenile task force. SENATOR DONLEY responded that they did
not support additional automatic waivers under any
circumstances.
There was discussion about the fiscal notes from the Court
System and the Department of Corrections. There was also
discussion about plans for additional juvenile incarceration
facilities.
SENATOR ADAMS inquired about the administration's position.
MARGOT KNUTH, Assistant Attorney General, Department of Law,
spoke on behalf of the Governor's Conference on Youth and
Justice. The group had concluded that the age should not be
lowered for automatic waiver offenses nor should the level
of offenses be lowered. She stated that a problem with SB
63 was that it allowed automatic waiver for the first time
for class C and B felony offenses. She noted that studies
had shown that kids subjected to automatic waiver re-offend
sooner, the level of offense is higher and there was a
higher recidivism rate. She gave examples of cases that
would fall under the provisions to illustrate the point that
they were not the types of people that would be identified
as the most serious offenders. The concern was that the
automatic waiver put kids in with a group of "teachers" that
would provide an opportunity to learn even worse habits.
She summarized that the administration was opposed to SB 63.
SENATOR DONLEY commented that the testimony did not reflect
the fact that there may be a lot of people who would choose
not to re-offend if they were warned that they would be
going to adult court next time.
COCHAIR PEARCE expressed appreciation for the case
information provided and felt it was a good example of why
the bill was needed.
In response to a question from SENATOR ADAMS, MS. KNUTH
explained that the automatic waiver law was responsible for
194 of 218 youths currently incarcerated and that it cost
more because of increased cases and the need for a separate
facility for those people.
Addition discussion ensued between MS. KNUTH and SENATOR
DONLEY.
BARBARA BRINK, Acting Public Defender, Department of
Administration, testified that the assumption that the bill
would improve public safety and cut crime bears further
study. She offered explanation of the fiscal note provided
by her agency, noting that processing through the adult
court was costlier than the juvenile delinquency arena.
In response to a question from SENATOR ADAMS, SENATOR DONLEY
explained that there was not a separate juvenile facility
within the adult corrections system, but they try to keep
teens separated or isolated.
COCHAIR SHARP called for further testimony or comments.
There being none, he asked for the pleasure of the
committee.
SENATOR DONLEY MOVED SB 63 from committee with individual
recommendations and all fiscal notes except that from the
Department of Corrections. SENATOR ADAMS objected. COCHAIR
SHARP brought up the fiscal notes and lengthy discussion was
had as to whether to include the fiscal note from
Corrections because it included costs for new facilities.
SENATOR DONLEY withdrew and restated his motion to include
all previously published fiscal notes and a new Senate
Finance Committee fiscal note for the Department of
Corrections (indeterminate). SENATOR ADAMS objected.
End SFC-97 #92, Side 1, Begin Side 2
Discussion about the Corrections fiscal note continued.
COCHAIR SHARP directed that the Senate Finance Committee
fiscal note for the Department of Corrections would be
indeterminate with a comment section explaining. SENATOR
DONLEY incorporated that as part of his MOTION. The
objection was maintained.
A roll call vote was taken on the MOTION.
IN FAVOR: Parnell, Donley, Phillips, Torgerson, Pearce,
Sharp
OPPOSED: Adams
SB 63 was REPORTED OUT of committee by a 6 to 1 vote with
previous fiscal notes from the Department of Administration
(indeterminate) and the Court System (5.5), a zero fiscal
note from the Department of Public Safety, and a new Senate
Finance Committee fiscal note for the Department of
Corrections (indeterminate).
SENATE BILL NO. 70
"An Act defining the offenses of unlawful discharge of a
firearm; and relating to the commission of those offenses by
minors."
SENATOR DONLEY, Sponsor, testified on behalf of the bill.
He explained that the bill created a class C felony for the
discharge of a firearm at a building or dwelling, or with
reckless disregard to physical injury or damage to property.
He further explained that if it was done as a drive-by, it
was already a felony, but if a person got out of the car and
fired, it was not unless there was over $500 of property
damage done to the building.
SENATOR ADAMS MOVED CSSB 70(JUD) from committee with
individual recommendations. Without objection, CSSB 70(JUD)
was REPORTED OUT with previous zero fiscal notes from the
Department of Public Safety and the Department of Health and
Social Services, a previous fiscal note from the Department
of Law, new zero fiscal notes from the Department of
Corrections, the Department of Administration (Office of
Public Advocacy) and the Court System, and a new fiscal note
from the Department of Administration (48.1 Public Defender
Agency).
COCHAIR SHARP made announcements about upcoming committee
agendas.
ADJOURNMENT
The meeting was adjourned at approximately 8:50 P.M.
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