Legislature(1993 - 1994)

04/23/1993 10:00 AM FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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                             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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