Legislature(1997 - 1998)

05/09/1998 03:30 PM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
RECESS TO CALL OF THE CHAIR
+ MEETING TO CONTINUE AFTER FLOOR SESSION TELECONFERENCED
txt
MINUTES                                                                        
SENATE FINANCE COMMITTEE                                                       
9 May, 1998                                                                    
3:30 p.m.                                                                      
                                                                               
TAPES                                                                          
                                                                               
SFC 98  # 165, Side A (000-590)                                                
   Side B (590-537)                                                            
                                                                               
CALL TO ORDER                                                                  
                                                                               
Senator Bert Sharp, Co-Chair, reconvened the meeting at                        
approximately 3:30 p.m.                                                        
                                                                               
                                                                               
PRESENT                                                                        
                                                                               
In addition to Co-Chair Sharp, Senators Pearce, Donley,                        
Torgerson, Adams, Parnell and Phillips were present when the                   
meeting was convened.                                                          
                                                                               
Also Attending:  Representative JOE RYAN; RUSS WEBB, Deputy                    
Commissioner, Department of Health and Social Services;                        
SUSAN WIBKER, Assistant Attorney General, Human Services                       
Section, Civil Division, Department of Law; CAROL CARROLE,                     
Director, Division of Support Services, Department of                          
Natural Resources; NICO BUS, Administrative Services                           
Manager, DSS, DNR; BRUCE RICHARDS, Program Coordinator,                        
Office of the Commissioner, Department of Corrections; MIKE                    
GREANY, Director, Division of Legislative Finance and aides                    
to committee members and other members of the Legislature.                     
                                                                               
                                                                               
via Teleconference:  From Anchorage: DUANE UDLAND, Chief,                      
Anchorage Police Department.                                                   
                                                                               
                                                                               
SUMMARY INFORMATION                                                            
                                                                               
                                                                               
CS FOR HOUSE BILL NO. 393(RES)                                                 
"An Act relating to contracts with the state                                   
establishing payments in lieu of other taxes by a                              
qualified sponsor or qualified sponsor group for                               
projects to develop stranded gas resources in the                              
state; providing for the inclusion in the contracts of                         
terms making certain adjustments regarding royalty                             
value and the timing and notice of the state's right to                        
take royalty in kind or in value from projects to                              
develop stranded gas resources in the state; relating                          
to the effect of the contracts on municipal taxation;                          
and providing for an effective date."                                          
                                                                               
Senator Adams began by offering a motion to rescind previous                   
action taken on Amendment #2, where it failed to be adopted.                   
                                                                               
Senator Phillips wanted to clarify that the sponsor had no                     
objection to that amendment.  Co-Chair Sharp stated that                       
Representative Ramona Barnes, Chair of the House Oil and Gas                   
Committee, which sponsored the bill, had no problem with the                   
proposed change.  Senator Phillips wondered why then he was                    
getting so many phone calls in opposition.  Senator                            
Torgerson shared with committee members that he had a                          
conversation with Representative Mark Hodgins and the                          
representative told him he had no objection to the                             
amendment.                                                                     
                                                                               
Without objection, action taken on Amendment #2 was                            
rescinded.                                                                     
                                                                               
Senator Adams then moved for adoption of Amendment #2.                         
There was no objection and Co-Chair Sharp ordered it                           
adopted.                                                                       
                                                                               
With that, Senator Adams offered a motion to move from                         
committee, SCS CS HB 393 (FIN) with accompanying fiscal                        
notes.  Co-Chair Sharp so ordered, as there was no                             
objection.                                                                     
                                                                               
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 375(JUD)                                   
CS FOR HOUSE BILL NO. 375(FIN) am(reengrossed)                                 
"An Act relating to children-in-need-of-aid matters and                        
proceedings; relating to child abuse and neglect;                              
relating to kidnapping and the crime of endangering the                        
welfare of a child; relating to sentencing for certain                         
crimes; relating to the state medical examiner and                             
reviews of child fatalities; relating to modification                          
of child support orders by the child support                                   
enforcement agency; relating to access to,                                     
confidentiality of, and release of certain information                         
concerning children, child abuse and neglect, and child                        
fatalities; authorizing the Department of Health and                           
Social Services to enter into an interstate compact                            
concerning adoption and medical assistance for certain                         
children with special needs; relating to the review of                         
cases involving certain children who are in the custody                        
of the state; authorizing the establishment of                                 
multidisciplinary child protection teams and relating                          
to their duties; relating to persons required to report                        
suspected child abuse or neglect; relating to foster                           
care and foster parents; relating to access to certain                         
criminal justice information and licensure of certain                          
child care facilities; amending Rule 218, Alaska Rules                         
of Appellate Procedure; and amending Rules 3, 7, 10,                           
15, 18, 19, and 22, Alaska Child in Need of Aid Rules."                        
                                                                               
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 375(JUD)                                   
"An Act relating to children-in-need-of-aid matters and                        
proceedings; relating to child abuse and neglect;                              
relating to kidnapping and the crime of endangering the                        
welfare of a child; relating to sentencing for certain                         
crimes; relating to the state medical examiner and                             
reviews of child fatalities; relating to modification                          
of child support orders by the child support                                   
enforcement agency; relating to access to,                                     
confidentiality of, and release of certain information                         
concerning children, child abuse and neglect, and child                        
fatalities; authorizing the Department of Health and                           
Social Services to enter into an interstate compact                            
concerning adoption and medical assistance for certain                         
children with special needs; relating to the review of                         
cases involving certain children who are in the custody                        
of the state; authorizing the establishment of                                 
multidisciplinary child protection teams and relating                          
to their duties; relating to persons required to report                        
suspected child abuse or neglect; relating to foster                           
care and foster parents; relating to access to certain                         
criminal justice information and licensure of certain                          
child care facilities; amending Rule 218, Alaska Rules                         
of Appellate Procedure; and amending Rules 3, 7, 10,                           
15, 18, 19, and 22, Alaska Child in Need of Aid Rules."                        
                                                                               
Co-Chair Sharp noted this was a priority bill that was just                    
received by the committee.                                                     
                                                                               
Senator Adams wanted to know the department's position on                      
the legislation.  Co-Chair Sharp called upon SUSAN WIBKER,                     
Assistant Attorney General in the Department of Law, and                       
asked her to briefly explain the bill.  He wanted to know                      
which provisions were federally mandatory.  She introduced                     
herself and spoke as follows:                                                  
                                                                               
"...I am a state attorney on child abuse cases.  Prior to                      
that, I served five years in the District Attorney's office                    
as a prosecutor of child sexual abuse cases.  And prior to                     
that, I spent nine years as a councilor to abused children.                    
I researched and worked on this bill for the department."                      
                                                                               
"The bill makes several major changes to the way that social                   
workers would practice every day.  The first thing it does                     
is bring our state law in conformity with the federally                        
mandated changes that you mentioned.  It also changes our                      
state law to fit several Supreme Court opinions that                           
recently came down advising the department to revise its                       
statutes."                                                                     
                                                                               
"It's also a response to a Kemp Center audit that                              
Commissioner Perdue requested, which concluded that our                        
state statutes were some of the most narrow and restrictive                    
statutes in the country, and did not allow social workers to                   
adequately assess high risk situations."                                       
                                                                               
"It also addresses the bipartisan Child Protection Review                      
Team report that was issued in December of '97 that made 24                    
recommendations for changing practice and law.  Those                          
recommendations are contained in this bill."                                   
                                                                               
"I can answer questions in whatever fashion the chairman                       
would like."                                                                   
                                                                               
At this point, RUSS WEBB, the Deputy Commissioner of the                       
Department of Health and Social Services joined the                            
discussion and testified as follows:                                           
                                                                               
"To respond directly to Senator Adam's question, the                           
department supports this bill."                                                
                                                                               
Senator Phillips asked if the audit referred to was a                          
Legislative Budget and Audit report.  Ms. Wibker explained                     
that it was a Kemp Center audit requested after a six-year-                    
old, sexually assaulted girl died.                                             
                                                                               
Mr. Webb noted that there was a LB&A audit issued April 7,                     
and it made recommendations that were addressed in this                        
bill.                                                                          
                                                                               
He also pointed out that the bill had a more recent version                    
from the Senate Judicial Committee that was not included in                    
the committee's packet.  The reason for this was the short                     
timeframe and copies of the latest version were not ready                      
for distribution.  He noted that it only contained minor                       
changes.  He detailed the two changes for the committee's                      
benefit.                                                                       
                                                                               
Senator Phillips asked if the language in this bill tracked                    
with that of HB 245.  Ms. Wibker replied that it had been                      
tightened up and described the types of crime a child must                     
witness to be considered placing the child at risk of mental                   
injury.  Amendments were made in the House and again in the                    
Senate Judiciary Committee to narrow the scope to homicide,                    
sexual assault, or battery committed by one parent toward                      
the other and witnessed by the child.                                          
                                                                               
Senator Phillips wanted to know if the definition of                           
domestic violence for HB 375 was the same as described in HB
245, which Mr. Webb affirmed.                                                  
                                                                               
Co-Chair Sharp asked if the changes made in the Judiciary                      
version affected the fiscal notes.  He was told they did                       
not.                                                                           
                                                                               
Senator Torgerson requested he be allowed to abstain from                      
voting on this legislation.  The reason was that his home                      
was a licensed for foster care and this bill might affect                      
him in some manner.  Co-Chair Sharp objected and Senator                       
Torgerson was required to vote.                                                
                                                                               
Senator Adams stated that his normal procedure would be to                     
object to taking action on a bill version that hadn't yet                      
been seen by the committee.  However, he was satisfied with                    
the explanation of the changes given by Mr. Webb and would                     
not object to taking action at this time.                                      
                                                                               
Senator Pearce offered a motion to move SCS CS HB 275 (JUD)                    
from committee with the understanding that the accompanying                    
fiscal notes would not change.  Co-Chair Sharp noted for the                   
record that this bill, if it became law, would add four                        
full-time and two part-time state employees.  The bill was                     
reported out of committee without objection.                                   
                                                                               
                                                                               
CS FOR HOUSE BILL NO. 272(FIN)                                                 
"An Act relating to allowing the commissioner of                               
corrections to allow a prisoner to serve a term of                             
imprisonment or period of temporary commitment by                              
electronic monitoring; and relating to the crime of                            
escape."                                                                       
                                                                               
Co-Chair Sharp called upon JEFF LOGAN, aid to Representative                   
Joe Green, the bill's sponsor.  Mr. Logan testified as                         
follows:                                                                       
                                                                               
"Mr. Chairman, HB 272 allows the commissioner of corrections                   
to designate that a prisoner serve a term, or a portion of a                   
term, under temporary confinement using electronic                             
monitoring equipment."                                                         
                                                                               
"The bill established the crime of escape in the second and                    
third degree for - or second and fourth degree excuse me -                     
for removing or tampering with the electronic monitoring                       
equipment, excludes prisoners who are - who have                               
perpetrators of domestic violence from electronic                              
monitoring.  They are not eligible."                                           
                                                                               
"And establishes a list of criteria for the commissioner to                    
determine - or to consider when she's determining who will                     
serve with the electronic monitoring equipment."                               
                                                                               
"I'll note that it has support from the Administration.  The                   
version before you has substantially been worked on by the                     
Executive, Judicial and Legislative branches and had good                      
support in the House."                                                         
                                                                               
"Stop there and be glad to answer any questions."                              
                                                                               
Senator Pearce referred to the court order requiring the                       
State Of Alaska to take action to reduce prison overcrowding                   
and the plan the Administration submitted to Judge Hunt as a                   
proposed compliance solution.  She wanted to know if the                       
electronic monitoring program was included in that plan.                       
Mr. Logan replied that it was included.  She then spoke of                     
the Conference Committee's efforts in establishing the FY 99                   
Operating Budget and if funding for this program should be                     
included in those talks, as she thought it was.                                
                                                                               
To respond to Senator Pearce's questions, BRUCE RICHARDS                       
from the Department of Corrections came to the table and                       
spoke as follows:                                                              
                                                                               
"Senator Pearce, you're correct.  There is money in the                        
Senate budget for electronic monitoring.  And you're right,                    
you don't need it in both places.  I think what would be                       
preferable is to have the bill go through since it does have                   
language in it dealing with escape provisions for removing                     
or tampering with electronic monitoring devices."                              
                                                                               
Senator Pearce interjected with another question about the                     
funding that was inaudible.  Mr. Richards responded as                         
follows:                                                                       
                                                                               
"The other difference in the funding is the Senate side it's                   
one hundred percent program receipts, I believe, and in the                    
fiscal note from the House Finance Committee, part of the                      
funding is general funds.  The department believes that it's                   
going to be difficult to operate this program completely on                    
program receipts.  It would be roughly close to $350 a month                   
per person to pay for electronic monitoring, about $11.70 a                    
day."                                                                          
                                                                               
Co-Chair Sharp found where it was proposed that up to 60                       
prisoners would be involved in this program.  Was that the                     
equivalent of sixty prison beds, he asked and was assured                      
that it was.  He reconfirmed that this would be part of the                    
overcrowding solution.  There was no savings indicated, he                     
pointed out.                                                                   
                                                                               
Senator Pearce responded that there would be no savings.  In                   
answer to Co-Chair Sharp's next question of why it then                        
should be done, she stated that there was no savings in                        
obeying a court order.  However, to incarcerate 60 prisoners                   
through electronic monitoring was less expensive than to                       
house them in existing state prisons, build new facilities                     
or transfer out of state.  She reminded the committee that                     
the court order cost the state between eight and 11 million                    
dollars per year.                                                              
                                                                               
She shared that the DOC in the past had not been favorable                     
to and electronic monitoring program, but would try it in an                   
attempt to comply with the court order.                                        
                                                                               
Co-Chair Sharp agreed and noted other proposed solutions                       
listed in the plan.  These included tents located on prison                    
grounds and shipping inmates out of state.  Senator Pearce                     
stated that the plan also included the 60 electronic                           
monitoring spots.                                                              
                                                                               
Senator Donley said the reason financial savings were not                      
shown was because the program would accommodate inmates                        
backlogged in the system.                                                      
                                                                               
Co-Chair Sharp complained that he had never seen a copy of                     
the complete proposed plan.  He wanted a breakdown of what                     
each program would entail and their expected accomplishments                   
at easing the overcrowding.  Senator Pearce confirmed that,                    
while the committee had seen portions of the plan, including                   
the request for supplemental funds for the FY98 budget, they                   
had never been provided with the complete plan.  Mr.                           
Richards said he would get copies of the plan for the                          
committee members.                                                             
                                                                               
Mr. Richards said the initial request for funding did not                      
include the electronic monitoring because the program would                    
not have been on-line in time to meet the court order's                        
first deadline.  He stressed that even as the deadlines were                   
met, the number of inmates would continue to increase.  The                    
state was seeing a rise of about 300 inmates per year.                         
Therefore there needed to be some sort of maintenance beds                     
in place to keep up with the increase.  Electronic                             
monitoring was part of that program, he stated.                                
                                                                               
Senator Donley felt that with the commitment from the                          
department to furnish the committee with the complete plan,                    
he felt this was a good bill and an important component in                     
dealing with the overcrowding.  He offered a motion to move                    
CS HB 272 (FIN) from committee with accompanying fiscal                        
notes.  There was no objection and Co-Chair Sharp so                           
ordered.                                                                       
                                                                               
                                                                               
CS FOR HOUSE BILL NO. 252(FIN)                                                 
"An Act relating to criminal records; relating to                              
notice about and registration of sex offenders and                             
child kidnappers; and amending Rules 11(c) and 32(c),                          
Alaska Rules of Criminal Procedure; and providing for                          
an effective date."                                                            
                                                                               
Co-Chair Sharp requested someone from the bill sponsor,                        
Representative Joe Ryan's office, speak to the bill.  TRACY                    
ASH came to the table and told the committee that                              
Representative Ryan would be there shortly as soon as the                      
Call on the House was lifted.  She was not familiar with the                   
bill enough to answer questions, but she offered to go                         
through the sectional analysis and sponsor statement for the                   
committee.  She read aloud as follows:                                         
                                                                               
"HB 252 makes changes to the sex offenders registration laws                   
to bring them into compliance with recent changes in federal                   
law."                                                                          
                                                                               
"It requires child kidnappers, those who promote child                         
prostitution and those who solicit and conspire to commit                      
these offenses, to register in addition to sex offender."                      
                                                                               
"Offenders who must register must provide quarterly                            
verification via post card."                                                   
                                                                               
"The bill allows for statewide newspaper publication of the                    
names and address of each person who registers."                               
                                                                               
"In addition, it increases the penalties for failure to                        
register as a sex offender in Alaska.  Failure to Register                     
in the First Degree, which is a Class C felony, will be                        
charged against those who have previously been convicted of                    
Failure to Register.  Or if they have intentionally failed                     
to register in order to escape detection and                                   
identification."                                                               
                                                                               
"In House Finance, the bill was amended to reduce the                          
minimum sentence for a person convicted of Failure to                          
Register in the second degree from 90 days to 35 days.  This                   
reduction in sentence is designed to reduce the fiscal note.                   
Last year 127 sex offenders were prosecuted for failure to                     
register as a sex offender."                                                   
                                                                               
This concluded the sponsor statement.  Senator Torgerson                       
expressed his intent at amending the bill to require sex                       
offenders register at the time of conviction.  His reason                      
for this was because of constituent requests desiring the                      
convictions be made public so that other victims may choose                    
to come forward.  He said he was waiting for legal advice                      
from the Legislative attorneys as to the constitutionality                     
of such a requirement.  He didn't want to hold up progress                     
on the bill and said he would offer the amendment on the                       
Senate Floor or in the Senate Judiciary Committee.                             
                                                                               
Representative JOE RYAN arrived at this time.  He commented                    
to Senator Torgerson's idea as follows:                                        
                                                                               
"We originally in the original iteration of this bill had                      
done this because there's five documents I think that you                      
get out of court if you're conviction and three of them tell                   
you definitely that you have to register and registration                      
hasn't been forthcoming somehow.  So we originally put that                    
in.  Then working with the Court System, the AG's office and                   
so forth, it got watered down to where the Corrections would                   
do it for the simple reason: if the person's convicted and                     
they take the registration and photograph, and then they                       
serve a ten or fifteen-year sentence and then they come back                   
out, you've got this old photograph, which makes it                            
difficult later on to identify them because they've changed                    
over this period of time.  And Corrections doing this                          
shortly before release gives a current photograph for the                      
database that Public Safety's got up now."                                     
                                                                               
"Before - since the introduction of this bill, Public                          
Safety's put an Internet database out.  Previous to that                       
time, you had to go down and pay a quarter a page and it was                   
cumbersome and expensive to get the information.  Now you                      
can pop up on the Internet, see everybody that's there,                        
their photograph and conviction record and get information                     
from sources other than the person."                                           
                                                                               
"And so that was the change from having it done upon                           
conviction to having it just previous to release because                       
they wanted - Public Safety and everybody wanted a current                     
photograph of the individual so that it'd be more                              
recognizable in the community."                                                
                                                                               
"I - if you would like to have a voice, I mean - it a..."                      
                                                                               
Senator Torgerson interjected that he did not think the                        
issue of current photographs was a valid reason for not                        
requiring registration at the time of conviction.  He                          
suggested using photographs taken at the time of arrest.                       
Representative Ryan said that would affect the fiscal note                     
and raise the cost of the program.                                             
                                                                               
The committee took a five-minute recess at 4:00 p.m.                           
                                                                               
Senator Torgerson said he talked to the sponsor and the                        
department and was told they had no objection to his                           
proposed amendment.  The department was to check on the                        
fiscal note impact, but he expected only a slight increase.                    
He stated he would offer the amendment either in Senate                        
Rules Committee or on the Senate Floor because he did not                      
want the bill to be held up in this committee.                                 
                                                                               
With that, Senator Torgerson offered a motion to move CS HB
252 (FIN) from committee with accompanying fiscal notes.                       
There was no objection and Co-Chair Sharp so ordered.                          
                                                                               
Co-Chair Sharp announced that HB 359 would not be heard at                     
this meeting but would be taken up at the next day's                           
meeting.                                                                       
                                                                               
                                                                               
CS FOR HOUSE BILL NO. 405(FIN)                                                 
"An Act relating to failing to stop a vehicle when                             
directed to do so by a peace officer."                                         
                                                                               
JAMES HORNADAY from the bill sponsor, Representative Pete                      
Kott's office spoke to the bill as follows:                                    
                                                                               
"HB 405 increased the penalties for not stopping at the                        
direction of a police officer.  Failure To Stop At The                         
Direction Of A Police Officer in the first degree occurs if,                   
during the commission of the offense, the person violates                      
any other law and is a Class C felony.  Failure To Stop At                     
The Direction Of A Peace Officer in the second degree occurs                   
if the person knowingly fails to stop as soon as possible in                   
a safe manner and is a Class A misdemeanor."                                   
                                                                               
"The crime of alluding a police officer is inherently                          
dangerous for pedestrians, other drivers and innocent                          
bystanders.  Just as an example, in the Municipality of                        
Anchorage in August of 1997, a passenger in a vehicle                          
attempting to avoid arrest was killed when the vehicle ran a                   
red light and struck a building.  This is only one of                          
several incidents where casualties have resulted from this                     
very serious crime."                                                           
                                                                               
"Increasing the penalties for this crime will not only help                    
deter this potentially dangerous behavior, but will more                       
correctly align the severity of the punishment with the                        
severity of the crime itself."                                                 
                                                                               
"This bill is a legislative priority in the Anchorage                          
Legislative program.  It has strong support from the police                    
departments in Fairbanks and Anchorage and throughout the                      
state and from police associations as well as the Department                   
of Public Safety."                                                             
                                                                               
"The changes that were made in House Finance, which bill was                   
referred to Senate Judiciary and was waived out of Senate                      
Judiciary are found on page one, lines nine and ten.  Crime                    
is defined with the meaning given in AS 11.81.900, which                       
means it is either a felony or a misdemeanor.  Traffic laws                    
defined in AS 28.15.261, which basically refers to moving                      
violations.  And also on page two, line 14, "knowingly" is                     
given the same definition as it is given in AS 11.81.900,                      
which means that that is basically reasonably knew or should                   
have known.  That's a kind of abbreviation of it."                             
                                                                               
"There is a feeling that the fiscal notes may be                               
exaggerated.  The - Representative Porter was actively in                      
support of the bill in House Judiciary as former police                        
chief of the Anchorage Municipality, felt that the idea of                     
the grapevine if it got out that it was going to be a felony                   
would be effective."                                                           
                                                                               
"Chief Udland was going to be on the L.I.O.  I'm not sure if                   
he made it.  We did have him this morning but I don't know                     
if he's still there."                                                          
                                                                               
At this point, CHIEF DUANE UDLAND of the Anchorage Police                      
Department spoke up that he was connected to the meeting.                      
Co-Chair Sharp asked him to give his testimony.  Chief                         
Udland commented as follows:                                                   
                                                                               
"Thank you for hearing this bill.  Mr. Hornaday, I think                       
summarized the bill quite well.  I would maybe just add that                   
in addition to what Mr. Hornaday said is that, you know two                    
years ago the Legislature increased the penalty for what we                    
call drive by shootings that was a misdemeanor.  Shot out of                   
your car and if you didn't hurt anybody that would be a                        
misdemeanor.  Increased that to a felony, I think that was                     
appropriate.  Four years ago you changed a law from what we                    
used to call joy riding only class A misdemeanor.  You                         
increased it to a felony and I think that was appropriate."                    
                                                                               
"And I think it's time to look at this issue.  I think the                     
fact that somebody when they flee from a police officer, we                    
know that 99 times out of a hundred, once they make that                       
decision, will do whatever it takes to allude that officer.                    
And we think that is extremely dangerous behavior.  In fact                    
the active pursuits itself very dangerous.  The police                         
department and many police departments around the country,                     
we have severely restricted our officer's ability to chase.                    
And we've applied the same standards of review that we would                   
the use of deadly force."                                                      
                                                                               
"So I would hope that this passes out of this committee and                    
get it on the floor and vote for it.  We think it's very                       
important.  I think it's also, once the word got out I think                   
people that tend to just sort of off the top decide "well                      
there's not a lot of consequence to if I lose the cops."  I                    
think this would change that notion."                                          
                                                                               
"Thank you and I'd be happy to answer any questions."                          
                                                                               
Senator Parnell asked what other crimes were in the category                   
of Class C felonies.  Were there any sexual assaults or                        
robberies that were Class C felonies, he wondered.  Chief                      
Udland replied that there were.                                                
                                                                               
Senator Parnell talked about attitude adjustment when a                        
police officer stopped a vehicle.  He wanted to know how the                   
police department planned to use this charge.  Would it be                     
for an attitude adjustment or used sparingly, he asked.                        
Chief Udland pointed out that under the bill, there were two                   
types of charges.  One was for individuals who simply                          
refused to stop and would be considered a Class A                              
misdemeanor.  He reasoned that this would be applied to                        
people who, for some religious or constitutionality reasons,                   
felt they should not be required to submit to the police                       
officers command to stop.  The more serious charge would                       
apply to drivers who committed other violations during their                   
evasion such as running stoplights, traveling at high                          
speeds, etc.  In these cases, it would be charged as a                         
felony.  However, he didn't think the more severe charge                       
would be used just for an attitude adjustment.  Senator                        
Parnell commented that the charge was a good tool the police                   
could use when a person broke other laws.                                      
                                                                               
Senator Parnell asked if currently there was a charge for                      
refusing to stop for a police officer.  Chief Udland said                      
there was the current Class A misdemeanor, but there was                       
nothing for the more serious incidents.  The intent was to                     
impose a penalty for the commission of the very dangerous                      
offence.                                                                       
                                                                               
Senator Pearce voiced some concern about the large fiscal                      
notes and the potential costs to the trial courts,                             
Department of Corrections and the Public Defender Agency.                      
There was some question about the value of using the charges                   
as a tool to deal with serious offences versus the high cost                   
of implementation.  She wanted to know if the police and                       
prosecutors planned to use that charge often under the new                     
law.  Chief Udland didn't think there would be many trials.                    
He thought prosecutors would choose the misdemeanor charge                     
in most cases.  He referred the threatened raised in cases                     
of auto theft when that law was rise to a felony.  Actually,                   
there was a decrease.                                                          
                                                                               
Co-Chair Sharp thought it was appalling that the Public                        
Defender Agency was claiming it would need three and one-                      
half times the amount of funding as the Department of Law                      
said they would need.  He planned to modify the amount.                        
                                                                               
Senator Donley argued that the higher penalty could be a                       
very effective tool for the prosecutors to use.  Therefore,                    
he wanted to see the bill passed, but was willing to reduce                    
the fiscal notes to do so.  He did comment that he thought                     
the fiscal notes were drafted in good faith by all but the                     
PDA since the costs to implement the program were unknown.                     
There was further discussion between the members as to how                     
they should proceed with Senator Pearce offering the issue                     
could be worked out in conference committee.                                   
                                                                               
Senator Donley made a motion to substitute Finance Committee                   
zero fiscal notes for the Courts, Public Defenders Agency                      
and the Department of Corrections.  Senator Adams objected                     
noting the increased workload the legislation would cause.                     
The agencies felt a responsibility to implement the law but                    
needed the money to do that, he stressed.  He suggested the                    
funding could be looked at in the conference committee.                        
                                                                               
Co-Chair Sharp requested a roll call.  The motion to reduce                    
the three fiscal notes to zero was adopted by a vote of 4-1-                   
2.  Senator Adams voted nay and Senators Phillips and                          
Torgerson were absent.                                                         
                                                                               
Mr. Richards from the DOC returned to the table to comment                     
on the bill.                                                                   
                                                                               
Tape #165 Side B, 4:20 p.m.                                                    
                                                                               
Mr. Richards spoke as follows:                                                 
                                                                               
"...I guess the only think I can add at this point is that I                   
am disappointed at the Department of Correction's fiscal                       
note identifies the possibility of five felonies and five                      
misdemeanors under this proposed legislation.  In the past                     
three years we have seen an increase in the number of people                   
held in the DOC for fleeing or alluding police officers.                       
And it seems a reasonable estimate that five people out 330                    
possible charges would get prosecuted and convicted of a                       
felony.  And I believe that most of these - and we've only                     
shown that half of them would be felonies.  It's hard to                       
believe that anybody who was fleeing an officer would not be                   
charged with the felony since they would probably be                           
violating another traffic law or committing another crime.                     
They'd probably be speeding, running red lights."                              
                                                                               
"I think they're probably very few consititutionalatists as                    
were mentioned earlier that are gonna - I don't think they                     
run into those every day.  And so I guess I just wanted to                     
let this committee know that I believe the fiscal note was                     
put together in good faith and was accurate and I hope that                    
they'll take that into consideration at the conference                         
committee level."                                                              
                                                                               
Senator Parnell wanted to know why the drivers ran from the                    
police.  Were they running because they had warrants out for                   
their arrest or other reasons they would be arrested if they                   
were caught?  Mr. Richards referred to television shows and                    
listed numerous reasons, such as other traffic tickets                         
pending and drug and alcohol impairment.  Because of those                     
reasons, he didn't feel that the punishment would be a                         
complete deterrent, since those individuals had impaired                       
judgement.                                                                     
                                                                               
Senator Donley offered a motion to move from committee, CS                     
HB 405 (FIN) with amended fiscal notes.  Without objection,                    
Co-Chair Sharp so ordered.                                                     
                                                                               
                                                                               
HOUSE BILL NO. 242                                                             
"An Act relating to unpaid, underpaid, and overpaid                            
royalty and net profit share payments due on leases of                         
state land and to the collection and payment of                                
interest on those payments."                                                   
                                                                               
Co-Chair Sharp invited the bill sponsor, Representative Mark                   
Hodgins, to join the committee.  Representative Hodgins                        
testified as follows:                                                          
                                                                               
"...Chair of the Oil and Gas.  I thought I would give you a                    
quick explanation of this and then let you go."                                
                                                                               
"HB 242 is designed to increase the efficiency of how the                      
Department of Natural Resources operated by amending the                       
interest statutes as it pertains to oil and gas royalties.                     
The intent of this change is to reduce the administrative                      
workload and the cost of administering minor oil and gas                       
royalty adjustments."                                                          
                                                                               
"Research has been done to show that the cost of processing                    
and adjustment averages $75 per transaction.  Add to that                      
the application of oil interest and the transaction cost can                   
be as high as $150."                                                           
                                                                               
"Processing an interest transaction of a lesser value than                     
the out of pocket cost is not in the State's best interest.                    
The interest earned on an under or overpayment of $16,000 is                   
approximately $150, which basically equals a wash with our                     
administrative costs."                                                         
                                                                               
"This is a housekeeping and will tend to save the state time                   
and money.  With that I would be open for questions and ask                    
you to pass HB 242 out of committee."                                          
                                                                               
Senator Pearce wanted to hear from the Department.  CAROL                      
CARROLE, Director of Support Services for the Department of                    
Natural Resources stated that the department supported the                     
bill.                                                                          
                                                                               
Senator Donley offered a motion to move HB 242 from                            
committee with accompanying fiscal notes.  There was no                        
objections and Co-Chair Sharp so ordered.                                      
                                                                               
Co-Chair Sharp made an announcement for the next day's                         
meeting.  The committee would begin with HB 369.                               
                                                                               
The committee took a short recess to determine the start                       
time for the next meeting.  Co-Chair Sharp then stated he                      
would announce the time during the Senate Floor session.                       
                                                                               
ADJOURNMENT                                                                    
                                                                               
Co-Chair Sharp adjourned the meeting at approximately                          
4:30 p.m.                                                                      
SFC-98 (15) 5/09/98 pm                                                         

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