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