Legislature(2001 - 2002)

03/14/2001 09:12 AM FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                              MINUTES                                                                                         
                     SENATE FINANCE COMMITTEE                                                                                 
                          March 14, 2001                                                                                      
                              9:12 AM                                                                                         
                                                                                                                                
                                                                                                                                
TAPES                                                                                                                       
                                                                                                                                
SFC-01 # 39,  Side A                                                                                                            
SFC 01 # 39,  Side B                                                                                                            
SFC 01 # 40,  Side A                                                                                                            
                                                                                                                              
CALL TO ORDER                                                                                                               
                                                                                                                                
Co-Chair Dave Donley convened  the meeting at approximately 9:12 AM.                                                            
                                                                                                                                
PRESENT                                                                                                                     
                                                                                                                                
Senator Dave Donley, Co-Chair                                                                                                   
Senator Pete Kelly, Co-Chair                                                                                                    
Senator Jerry Ward, Vice Chair                                                                                                  
Senator Loren Leman                                                                                                             
Senator Gary Wilken                                                                                                             
Senator Alan Austerman                                                                                                          
Senator Lyman Hoffman                                                                                                           
Senator Donald Olson                                                                                                            
                                                                                                                                
Also Attending:   SENATOR RICK HALFORD; SENATOR RANDY  PHILLIPS; DAN                                                          
SPENCER, Director,  Division of Administrative Services,  Department                                                            
of Administration;  DEL  SMITH, Deputy Commissioner,  Department  of                                                            
Public Safety;  CANDACE BROWERS, Program Coordinator,  Department of                                                            
Corrections                                                                                                                     
                                                                                                                                
Attending  via Teleconference:    From Anchorage:  ROBERT  BUTTCANE,                                                          
Legislative  and  Administrative   Liaison,  Division   of  Juvenile                                                            
Justice,  Department of  Health and  Social Services;  GEORGE  TAFT,                                                            
Director, Scientific Crime  Detection Laboratory; JENNIFER RUDINGER,                                                            
Executive Director, Alaska  Civil Liberties Union; From Bethel: JOAN                                                            
HAMILTON; DEAN  GUANELI, Assistant Attorney General,  Legal Services                                                            
Section,  Criminal Division,  Department  of Law;  CANDACE  BROWERS,                                                            
Program Coordinator, Department of Corrections                                                                                  
                                                                                                                                
SUMMARY INFORMATION                                                                                                         
                                                                                                                                
HB 117-SUPPLEMENTAL APPROPRIATIONS: FAST TRACK                                                                                  
                                                                                                                                
The  Committee  adopted a  committee  substitute,  considered  three                                                            
amendments but adopted none. The bill reported from Committee.                                                                  
                                                                                                                                
SB  99-DNA REGISTRATION OF BURGLARS                                                                                             
                                                                                                                                
The Committee  heard from the sponsor, the Department  of Health and                                                            
Social Services,  the Department of Public Safety,  the Alaska Civil                                                            
Liberties Union and other  interested parties. The Committee adopted                                                            
a fiscal note and the bill was reported from Committee.                                                                         
                                                                                                                                
SB 105-VICTIMS' RIGHTS/ PRISONER'S PFD                                                                                          
                                                                                                                                
The Committee heard from  the sponsor, the Department of Law and the                                                            
Department  of Corrections.  Three amendments  were adopted  and the                                                            
bill was reported from Committee.                                                                                               
                                                                                                                                
SB  93-ARCTIC WINTER GAMES TEAM ALASKA TRUST                                                                                    
                                                                                                                                
The  Committee  adopted a  committee  substitute  and  the bill  was                                                            
reported from Committee.                                                                                                        
                                                                                                                                
                                                                                                                                
     CS FOR HOUSE BILL NO. 117(FIN) am                                                                                          
     "An  Act  making supplemental  and  other  appropriations;  and                                                            
     providing for an effective date."                                                                                          
                                                                                                                                
Co-Chair  Donley detailed  the changes in  a new proposed  committee                                                            
substitute, Version "X".  He noted that changes made at the previous                                                            
hearing for this  bill are incorporated into the proposed  committee                                                            
substitute. In addition he listed.                                                                                              
                                                                                                                                
     Section  12(a), (b)  and (c)  - Change the  effective dates  of                                                            
     several appropriations  including Section 12(a), (b) and (c) to                                                            
     the year  2002, at the request  of the Administration.  This is                                                            
     consistent with other appropriations.                                                                                      
                                                                                                                                
     Section 10(b) - Added  $43,000 at the request of Co-Chair Kelly                                                            
     to  address an  emergency  relating to  clothing  at the  Youth                                                            
     Corps program at the Alaska Military Academy.                                                                              
                                                                                                                                
     Section 14(e) - Gives  authorization to accept $422,000 federal                                                            
     funds as  a grant through the Department of Transportation  and                                                            
     Public Facilities  for Fairbanks Downtown Transit  and Cultural                                                            
     Integration  Planning  at  the request  of Senator  Wilken.  No                                                            
     general  funds are involved  in this item.  This is to  address                                                            
     the requirements of  the federal Clean Air Act and is necessary                                                            
     to continue receiving federal highway funds.                                                                               
                                                                                                                                
Co-Chair Kelly moved to  adopt 22-GH1085\X as a working draft. There                                                            
was no objection and it was ADOPTED.                                                                                            
                                                                                                                                
Amendment  #7: This  amendment makes  the following  changes to  the                                                            
previous committee substitute.                                                                                                  
                                                                                                                                
     Delete:                                                                                                                    
     Section 4       Department of Environmental Conservation                                                                   
          $26,000 general funds for temporary personnel                                                                         
     Section 5 (d) Department of Fish and Game                                                                                  
          $43,900 general funds for temporary personnel                                                                         
     Section 8(b)    Department of Law                                                                                          
          $150,000 general funds for legal services                                                                             
     Section 11 (a) Department of Natural Resources                                                                             
          $75,000 general funds for gas royalty study                                                                           
     Section 11 (b) Department of Natural Resources                                                                             
          $30,000 general funds for gas pipeline supply-side study                                                              
     Section 11 (c) Department of Natural Resources                                                                             
          $50,000 general funds for Alaska North Slope gas sales                                                                
                     (reservoir studies)                                                                                        
     Section 11 (f) Department of Natural Resources                                                                             
          $293,600 general funds for State Pipeline Coordinator's                                                               
                     Office                                                                                                     
     Section 12 (c) Department of Revenue                                                                                       
          $25,000 general funds for study of state's fiscal regime                                                              
                     for ANS gas development                                                                                    
     Total      $693,500 general funds                                                                                          
                                                                                                                                
     Insert:                                                                                                                    
     Add a new bill section to read:                                                                                            
          Sec.__. DEPARTMENT OF NATURAL RESOURCES. The sum of                                                                   
     $693,500   is  appropriated  from  the  general   fund  to  the                                                            
     Department  of Natural Resources  for gas pipeline development                                                             
     and  related activities  for the fiscal  years ending  June 30,                                                            
     2001 and June 30, 2002.                                                                                                    
                                                                                                                                
Senator  Hoffman moved for  adoption and  noted necessary  technical                                                            
changes  are  necessary  to conform  to  the  committee substitute,                                                             
Version "X".                                                                                                                    
                                                                                                                                
Senator Ward objected to adoption of the amendment.                                                                             
                                                                                                                                
Senator   Hoffman   remarked    that   the   amendment   gives   the                                                            
Administration  flexibility and that the amount does  not change. He                                                            
reminded the members  of an appropriation Arctic Power  approved the                                                            
day prior  that gives  the organization  flexibility  to expend  the                                                            
funds  in the  best  manner  to secure  a  natural gas  pipeline  in                                                            
Alaska.                                                                                                                         
                                                                                                                                
Senator Ward spoke to his  objection stating that he wants the money                                                            
to be spent  exactly as stipulated  in the committee substitute.  He                                                            
surmised  that the governor  has the  same intentions  to spend  the                                                            
funds to directly promote the gas line project.                                                                                 
                                                                                                                                
Senator  Hoffman countered  by  comparing  this project  to that  of                                                            
building  a  house.  He stated  that  although  the  floor  plan  is                                                            
established  beforehand, changes are  inevitable and the  "customer"                                                            
should have the ability to make those changes.                                                                                  
                                                                                                                                
Senator Ward maintained his objection.                                                                                          
                                                                                                                                
Senator Olson  acknowledged  the large amount  of funds in  question                                                            
and understood Senator  Ward's reservations, but agreed with Senator                                                            
Hoffman that flexibility must be maintained.                                                                                    
                                                                                                                                
A roll call was taken on the motion.                                                                                            
                                                                                                                                
IN FAVOR: Senator Hoffman and Senator Olson                                                                                     
                                                                                                                                
OPPOSED:  Senator Austerman,  Senator Leman,  Senator Ward,  Senator                                                            
Wilken, Co-Chair Kelly and Co-Chair Donley                                                                                      
                                                                                                                                
ABSENT: Senator Green                                                                                                           
                                                                                                                                
The motion FAILED (2-6-1)                                                                                                       
                                                                                                                                
The amendment FAILED to be adopted.                                                                                             
                                                                                                                                
Amendment  #8: This  amendment makes  the following  changes to  the                                                            
committee substitute.                                                                                                           
                                                                                                                                
     Delete:                                                                                                                    
     Section 11 (a) Department of Natural Resources                                                                             
          $75,000 general funds for gas royalty study                                                                           
     Section 11 (b) Department of Natural Resources                                                                             
          $$30,000 general funds for gas pipeline supply-side study                                                             
     Section 11 (c) Department of Natural Resources                                                                             
          $50,000 general funds for Alaska North Slope gas sales                                                                
                     (reservoir studies)                                                                                        
     Section 11 (f) Department of Natural Resources                                                                             
          $293,600 general funds for State Pipeline Coordinator's                                                               
                     Office                                                                                                     
     Total      $448,600 general funds                                                                                          
                                                                                                                                
     Insert:                                                                                                                    
     Add a new bill section to read:                                                                                            
          Sec.__.DEPARTMENT OF NATURAL RESOURCES. The sum of                                                                    
     $448,600   is  appropriated  from  the  general   fund  to  the                                                            
     Department  of Natural Resources  for gas pipeline development                                                             
     and  related activities  for the fiscal  years ending  June 30,                                                            
     2001 and June 30, 2002.                                                                                                    
                                                                                                                                
Senator Olson moved for adoption.                                                                                               
                                                                                                                                
Senator Ward objected.                                                                                                          
                                                                                                                                
Senator Olson again addressed the need for flexibility.                                                                         
                                                                                                                                
Senator  Ward  agreed  that  a  certain  amount  of  flexibility  is                                                            
necessary,  but thought that there  was adequate flexibility  in the                                                            
existing structure.                                                                                                             
                                                                                                                                
Co-Chair  Donley  pointed  out concerns  raised  over  the  governor                                                            
naming the task force the  Alaska Highway Gas Line Task Force, which                                                            
appears  to establish  the route of  the proposed  pipeline.  On the                                                            
contrary, Co-Chair Donley  asserted, the majority of Alaskans prefer                                                            
an Alaska  route. He added  that this item  is included in  the fast                                                            
track  supplemental  and that  the issue  would arise  again in  the                                                            
regular  supplemental.  He  stressed  that the  most  urgent  issues                                                            
should be addressed with  the fast track. He noted that the governor                                                            
has  a $400,000  contingency   fund, which  could  be  used  towards                                                            
portions  of the  project  if a  need  arose that  did  not fit  the                                                            
criteria set forth in the committee substitute.                                                                                 
                                                                                                                                
Senator Hoffman granted  that the governor does have the contingency                                                            
fund,  but noted that  this amendment  does  not request  additional                                                            
funds, only to give the flexibility to the funds provided.                                                                      
                                                                                                                                
Senator   Wilken  understood   and  appreciated   the  request   for                                                            
flexibility, but stated,  "The timing is bothering me." He explained                                                            
this is because of the  allocation the Committee approved for Arctic                                                            
Power  the day  prior. He  stressed he  wanted the  funds from  this                                                            
amendment  to be "targeted"  to the state  agencies as requested  by                                                            
the agencies.                                                                                                                   
                                                                                                                                
Senator Hoffman  also supported  the efforts  of the past month  but                                                            
stressed there is no guarantee  there would not be changes after the                                                            
committee substitute is passed.                                                                                                 
                                                                                                                                
A roll call was taken on the motion.                                                                                            
                                                                                                                                
IN FAVOR: Senator Hoffman and Senator Olson                                                                                     
                                                                                                                                
OPPOSED: Senator  Wilken, Senator Austerman, Senator  Leman, Senator                                                            
Ward, Co-Chair Kelly and Co-Chair Donley                                                                                        
                                                                                                                                
ABSENT: Senator Green                                                                                                           
                                                                                                                                
The motion FAILED (2-6-1)                                                                                                       
                                                                                                                                
The amendment FAILED to be adopted.                                                                                             
                                                                                                                                
Amendment  #9: This  amendment changes  Section 1  of the  committee                                                            
substitute to read as follows.                                                                                                  
                                                                                                                                
          Section 1. DEPARTMENT OF ADMINISTRATION. The sum of                                                                   
     $195,000  [$100,000] is appropriated  from the general  fund to                                                            
     the Department of  Administration, division of Alaska longevity                                                            
     programs,  pioneers homes, for increased costs  for nurses [and                                                            
     nurse's assistants]  for the fiscal year ending  June 30, 2001.                                                            
                                                                                                                                
Senator Olson moved for adoption.                                                                                               
                                                                                                                                
Senator Ward objected.                                                                                                          
                                                                                                                                
Senator Olson  relayed his experience  as a physician regarding  the                                                            
need for qualified nursing staff in the Pioneers' Homes.                                                                        
                                                                                                                                
Senator  Austerman objected  to the $100,000  already appropriated,                                                             
saying that he  thought it poor policy for the legislature  to agree                                                            
to fund salary increases  that the Administration contracted without                                                            
consulting the  legislature first. He admitted that  the budget cuts                                                            
over the past five years "got ourselves into this".                                                                             
                                                                                                                                
Senator Hoffman  stated that  the intent is  to provide services  in                                                            
the facilities  and that the state  is having difficulty  recruiting                                                            
and retaining nurses. He  stressed that the field is competitive and                                                            
that the  Pioneers' Homes  are loosing staff.  He suggested  that to                                                            
deny this request  due to the five-year budget philosophy  would not                                                            
alleviate the problem.                                                                                                          
                                                                                                                                
Senator Austerman did not  disagree that nurses should receive a pay                                                            
increase. However,  he stressed this  should be done as part  of the                                                            
regular budget process.                                                                                                         
                                                                                                                                
Co-Chair  Kelly  remarked  that  the regular  budget  cycle  is  the                                                            
appropriate  process to address  this issue,  and he anticipated  it                                                            
would receive support at that time.                                                                                             
                                                                                                                                
Senator  Olson hoped  that  the Committee,  as a  responsible  body,                                                            
would act  as such,  given that  many members  might someday  become                                                            
residents  of the  Pioneers'  Homes.  He spoke  to the  shortage  of                                                            
doctors and nurses in rural Alaska.                                                                                             
                                                                                                                                
Co-Chair Donley stated,  "This issue is really about pay raises." He                                                            
detailed  the governor's  supplemental budget  request for  funds to                                                            
pay for the pay  increases the Department of Administration  granted                                                            
these  employees without  prior approval  from  the legislature.  He                                                            
asserted this action equated  to "very extraordinary circumstances."                                                            
He noted  that when discussing  the matter  with the department,  he                                                            
learned  that  when  comparing  state  salaries  to  private  sector                                                            
salaries,  the  department  had  not  taken  benefit  packages  into                                                            
account. While he expressed  that he does support the pay raises for                                                            
nurses, he opposed the  Administration's method in this instance. He                                                            
assured that the matter  would again be addressed during the regular                                                            
budget cycle. He took Senator Olson's observations to heart.                                                                    
                                                                                                                                
Co-Chair Donley  noted that the provision  allowing the funds  to be                                                            
spent on nurses'  assistants is not a requirement,  but an option to                                                            
give flexibility  for  those duties  that could  be performed  by an                                                            
assistant.  He pointed  out that  sometimes nurses  are required  to                                                            
perform  some duties  for which  they are overqualified.  He  stated                                                            
these  funds could  be used  to increase  nurses'  salaries or  hire                                                            
additional nurses. He understood  the requested amount is the entire                                                            
amount needed if all of the existing vacancies were filled.                                                                     
                                                                                                                                
Co-Chair Donley stated  that although the pay raises were necessary,                                                            
he  did  not  think the  manner  in  which  they  were  granted  are                                                            
appropriate. He  wanted to send the message that the  actions of the                                                            
Administration must be "discouraged"                                                                                            
                                                                                                                                
Senator Hoffman requested  to hear from the Administration as to the                                                            
seriousness of the immediate need.                                                                                              
                                                                                                                                
DAN  SPENCER,   Director,  Division   of  Administrative   Services,                                                            
Department  of Administration, clarified  that the raise  is already                                                            
being paid to  the nurses and that the increased wage  would be paid                                                            
to all new  hires as well. He warned  that if this request  were not                                                            
granted, some  of the vacant positions  would have to be  held open.                                                            
                                                                                                                                
Senator Ward asked if an  option of contracting out nursing services                                                            
was considered before the  decision was made to grant the pay raise.                                                            
                                                                                                                                
Mr. Spencer  responded  that this  practice is not  employed  in the                                                            
Pioneers'   Homes,  except   for  some   on-call  positions.   These                                                            
positions,  he described as qualified  nurses available for  work on                                                            
short notice.                                                                                                                   
                                                                                                                                
Senator Ward asked if some services are currently outsourced.                                                                   
                                                                                                                                
Mr.  Spencer  affirmed  and  again told  of  the  on-call  part-time                                                            
positions that do not include benefits.                                                                                         
                                                                                                                                
Senator Ward asked  if any consideration was given  to the option of                                                            
contracting out  additional services at a higher salary  but without                                                            
benefits.                                                                                                                       
                                                                                                                                
Mr. Spencer responded that it was not.                                                                                          
                                                                                                                                
Senator Ward suggested the department do so.                                                                                    
                                                                                                                                
Mr. Spencer understood  the point, but noted that approximately half                                                            
of the on-call positions are vacant.                                                                                            
                                                                                                                                
Senator  Ward  suggested  that if  the  funds  could be  put  toward                                                            
funding  the outsourced  services  without providing  benefits,  the                                                            
state could become competitive.                                                                                                 
                                                                                                                                
Co-Chair Donley  pointed out that  the appropriation gives  $100,000                                                            
and that the  estimated cost of the  increase is $43,000  per month,                                                            
which would be adequate for the remainder of the fiscal year.                                                                   
                                                                                                                                
Co-Chair  Kelly stressed that  the situation  is not critical  given                                                            
that  the matter  would be  addressed again  before  the end of  the                                                            
session.  Meanwhile, he assured,  no staff  would go without  pay or                                                            
would be laid off. In addition,  he noted that the state would still                                                            
be competitive because the raises have been granted.                                                                            
                                                                                                                                
A roll call was taken on the motion.                                                                                            
                                                                                                                                
IN FAVOR: Senator Olson and Senator Hoffman                                                                                     
                                                                                                                                
OPPOSED:  Senator  Leman,  Senator  Ward,  Senator  Wilken,  Senator                                                            
Austerman, Co-Chair Kelly and Co-Chair Donley                                                                                   
                                                                                                                                
ABSENT: Senator Green                                                                                                           
                                                                                                                                
The motion FAILED (2-6-1)                                                                                                       
                                                                                                                                
The amendment FAILED to be adopted.                                                                                             
                                                                                                                                
Co-Chair  Kelly offered a  motion to move SCS  CS HB 117 (FIN),  22-                                                            
GH1085\X, from Committee.                                                                                                       
                                                                                                                                
There was no objection and the bill MOVED from Committee.                                                                       
                                                                                                                                
Co-Chair Donley  thanked George Utermohle  of the Division  of Legal                                                            
and Research Services and drafter of HB 117, for his efforts.                                                                   
                                                                                                                                
AT EASE 9:50 AM / 10:03 AM                                                                                                      
[Note:  Portion of  audio  tape is  blank as  tape  machine was  not                                                            
turned off.]                                                                                                                    
                                                                                                                                
                                                                                                                                
SFC 01 # 39, Side B 10:03 AM                                                                                                    
                                                                                                                                
                                                                                                                                
Co-Chair Kelly chaired the remainder of the meeting.                                                                            
                                                                                                                                
                                                                                                                                
     SENATE BILL NO. 99                                                                                                         
     "An Act relating to the DNA identification registration                                                                    
     system."                                                                                                                   
                                                                                                                                
                                                                                                                                
This  was the first  hearing  for this  bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
SENATOR  RICK HALFORD testified  that this  legislation expands  the                                                            
DNA database  to include  DNA samples  of burglars.  He noted  other                                                            
states  have done  this and  have found  a significant  increase  in                                                            
cross-referencing  matches and the value of the database  in further                                                            
convictions.                                                                                                                    
                                                                                                                                
Senator Halford  qualified  he is reluctant  to support the  further                                                            
computer classification  of people.  However, once a person  becomes                                                            
part of  the criminal justice  system, he  surmised that person  has                                                            
given away  a great  deal of their  privacy rights.  He pointed  out                                                            
there  is a correlation  between  burglary  and "the  next level  of                                                            
crimes."                                                                                                                        
                                                                                                                                
Senator  Halford reiterated  the intent  of this  legislation  is to                                                            
update, upgrade  and increase  the number  of convictions using  the                                                            
DNA system.                                                                                                                     
                                                                                                                                
Co-Chair Kelly  added he learned from the writings  of John Douglas,                                                            
the original  Federal Bureau  of Investigations  (FBI) profiler  who                                                            
also started  the Bureau's  Special Crimes  Unit, that almost  every                                                            
serial murderer  has burglary  in their  background. Co-Chair  Kelly                                                            
stated  there is something  about the  crime of  burglary that  is a                                                            
gateway to more heinous crimes.                                                                                                 
                                                                                                                                
Senator Austerman  noted the  current 12-month  backlog of  work for                                                            
the state crime  laboratory and asked  why there was no fiscal  note                                                            
cost associated with this  legislation considering the extra work it                                                            
would create.                                                                                                                   
                                                                                                                                
Senator  Halford  suggested  the Committee  ask  the  Department  of                                                            
Public  Safety  for  an estimate   of the  cost  to  implement  this                                                            
legislation.                                                                                                                    
                                                                                                                                
Co-Chair Kelly agreed.                                                                                                          
                                                                                                                                
ROBERT BUTTCANE,  Legislative and  Administrative Liaison,  Division                                                            
of  Juvenile Justice,  Department  of  Health and  Social  Services,                                                            
testified via teleconference  from Anchorage in support of the bill.                                                            
He  stated  that the  division  perceives  burglary  as  a  "gateway                                                            
crime". He noted the division  has processes in place to collect DNA                                                            
samples and transmit them to the state laboratory.                                                                              
                                                                                                                                
GEORGE  TAFT,  Director,  Scientific  Crime  Detection  Laboratory,                                                             
testified  via teleconference   from Anchorage  to  inform that  the                                                            
department  would   receive  federal  funding  to   cover  the  cost                                                            
increase.                                                                                                                       
                                                                                                                                
JENNIFER  RUDINGER,  Executive  Director,   Alaska  Civil  Liberties                                                            
Union, testified via teleconference  from Anchorage in opposition to                                                            
the bill. She referenced  written testimony she had submitted. [Copy                                                            
on file.] She stressed  that the Alaska Civil Liberties Union (ACLU)                                                            
does  not oppose  technology,  but noted  that  fingerprinting  only                                                            
gives identification  information,  while DNA  gives the  government                                                            
much  more information.  She  pointed out  the high  value  Alaskans                                                            
place on  privacy, noting  there is  a privacy  clause in the  state                                                            
constitution.  She assured  that the ACLU position  is not  that DNA                                                            
sampling  should  never be  used,  but only  that  it  is used  when                                                            
justified, which  she stated does not include identifying  those who                                                            
may become  more  serious offenders  in  the future.  She noted  the                                                            
difference  between  crimes  against   property  and  those  against                                                            
persons. She  cited a newspaper article  that claims the  recidivism                                                            
rate  for burglars  is only  15 percent.  She stated  this does  not                                                            
demonstrate  an adequate need to justify  the means. She  spoke to a                                                            
house bill  that goes even  further and provides  the collection  of                                                            
DNA samples  for relatives  of missing  persons.  She did not  doubt                                                            
that  Senator  Halford   and  Representative  Murkowski   have  good                                                            
intentions but  that the ACLU is concerned with setting  a precedent                                                            
of  retaining  personal  data  that  would  provide  more  and  more                                                            
information as technology continues to advance.                                                                                 
                                                                                                                                
JOAN HAMILTON,  testified via teleconference from  Bethel, that this                                                            
legislation  reminds her of  the sentiments  of the 1950s and  1960s                                                            
when  the Natives  were considered  genetically  and intellectually                                                             
inferior. She spoke of  the high percentage of Natives in the Alaska                                                            
prison   system.  She  suggested   further   investigation   of  the                                                            
correlation  between burglary  and other,  more violent crimes.  She                                                            
asserted  she is opposed  to this bill and  suggested that  although                                                            
burglary may  be considered a gateway  crime in the Lower  48, it is                                                            
not necessarily so in Alaska.                                                                                                   
                                                                                                                                
DEL  SMITH,  Deputy   Commissioner,  Department  of   Public  Safety                                                            
responded to Senator Austerman's  question regarding the cost of the                                                            
services. He explained  an increment in the proposed FY 02 operating                                                            
budget addresses  evidence collected  at crime scenes and  processed                                                            
to compare  against the DNA database.  He shared the department  was                                                            
successful in  receiving federal funding for the next  several years                                                            
to address a backlog of  DNA processing. He noted the department has                                                            
contracted with a private  laboratory to perform this work, which he                                                            
said is  a better  use of funds  then outsourcing  crime scene  data                                                            
collection.                                                                                                                     
                                                                                                                                
Senator Ward  asked what  happens to the  stored DNA information  of                                                            
offenders after they have paid their debt to society.                                                                           
                                                                                                                                
Mr.  Smith noted  statutes  adopted in  1996 allows  collection  and                                                            
retention of  a DNA sample for convicted  offenders except  when the                                                            
conviction  is  reversed,  in which  case,  the DNA  information  is                                                            
removed from  the database. Therefore,  he said the DNA information                                                             
would be retained in most cases.                                                                                                
                                                                                                                                
Senator Ward asked if this is due to a federal requirement.                                                                     
                                                                                                                                
Mr. Smith responded  that there is  no federal requirement  although                                                            
Alaska  does participate  in a  national database.  He stressed  the                                                            
federal funding  referenced above  is intended only for the  purpose                                                            
of reducing  the backlog.  He again referred  to the 1996 state  law                                                            
allowing retention of DNA information indefinitely.                                                                             
                                                                                                                                
Senator  Leman moved  to  adopt the  Department  of Administration,                                                             
Legal and Advocacy  indeterminate  fiscal note dated March  9, 2001.                                                            
                                                                                                                                
There was no objection and the fiscal note was ADOPTED.                                                                         
                                                                                                                                
Senator Leman  offered a  motion to move from  Committee SB  99, 22-                                                            
LS0490\C, with accompanying  zero fiscal note from the Department of                                                            
Public Safety,  and aforementioned  fiscal note from the  Department                                                            
of Administration.                                                                                                              
                                                                                                                                
Without objection, the bill MOVED from Committee.                                                                               
                                                                                                                                
AT EASE 10:23 AM / 10:24 AM                                                                                                     
                                                                                                                                
                                                                                                                                
     CS FOR SENATE BILL NO. 105(JUD)                                                                                            
     "An Act relating  to victims' rights; relating  to establishing                                                            
     an  office of  victims'  rights;  relating to  compensation  of                                                            
     victims  of  violent  crimes;  relating  to eligibility  for  a                                                            
     permanent   fund  dividend   for  persons   convicted   of  and                                                            
     incarcerated  for  certain  offenses;  relating  to  notice  of                                                            
     appropriations  concerning victims'  rights; amending  Rule 16,                                                            
     Alaska Rules of Criminal  Procedure, Rule 9, Alaska Delinquency                                                            
     Rules,  and Rule 501, Alaska  Rules of Evidence; and  providing                                                            
     for an effective date."                                                                                                    
                                                                                                                                
                                                                                                                                
This  was the first  hearing  for this  bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
Senator  Halford   testified  that   the  criminal  justice   system                                                            
represents virtually everyone  but the victims and that the judicial                                                            
process  often   overwhelms  victims.   He  referred  to   a  ballot                                                            
initiative  earlier passed by a vote  of the people to give  victims                                                            
of crime  greater  consideration  in the  process. As  a result,  he                                                            
stated there has  been improvement in the treatment  of victims, but                                                            
that  until victims  have access  to the  same legal  assistance  as                                                            
other  participants,  the full  intent of  the victim's  rights  law                                                            
could not be realized.                                                                                                          
                                                                                                                                
Senator Halford  spoke of legislation the Senate passed  in 1998 but                                                            
did not complete  the legislative process to become  a law. He added                                                            
that  similar legislation  was  again  passed in  1999  by both  the                                                            
Senate  and the  House of  Representatives,  but was  vetoed by  the                                                            
governor. The legislation  before the Committee, he noted is similar                                                            
as the  previous attempts  except  the proposed  Office of  Victim's                                                            
Rights  would operate  within the  legislative  branch, independent                                                             
from the  executive  branch. He stressed  that in  order to  provide                                                            
objective oversight of  the Alaska Court System the office must be a                                                            
part of the either the executive or legislative branches.                                                                       
                                                                                                                                
Senator  Halford expressed  support for  Co-Chair Donley's  proposed                                                            
amendments.                                                                                                                     
                                                                                                                                
DEAN GUANELI,  Assistant Attorney  General, Legal Services  Section,                                                            
Criminal  Division, Department  of Law,  agreed that compassionate,                                                             
fair treatment  of victims  is important in  the justice system.  He                                                            
stressed that  the Criminal Division has been "in  the forefront" of                                                            
this  effort for  over 20  years, when  it implemented  a  paralegal                                                            
program to  work with victims  and witnesses  and help them  through                                                            
the criminal  justice process. He  noted this program was  initially                                                            
federally funded but is currently funded with state dollars.                                                                    
                                                                                                                                
Mr.  Guaneli testified  the  department  provides  federally  funded                                                            
training  for prosecutors  and paralegals  on  how to appropriately                                                             
deal with  victims in sensitive  cases, such  as sexual assault  and                                                            
child  abuse. He  detailed  the various  training  conferences  held                                                            
annually.                                                                                                                       
                                                                                                                                
Mr. Guaneli  told of another  program that  uses volunteers  to help                                                            
make contact  with victims. He described  the many schedule  changes                                                            
and the difficulty  for department staff to keep victims  updated on                                                            
hearing  and  court  dates.  He pointed  out  the  main  reason  the                                                            
department  loses   criminal  cases  is  because  victims   fail  to                                                            
cooperate or are unable to provide "good" testimony.                                                                            
                                                                                                                                
Mr. Guaneli then  informed of brochures the department  distributes,                                                            
in both English  and in Native Alaskan languages,  relating to crime                                                            
victim's  rights,   information  regarding   sexual  assault,   what                                                            
families should  know about child sexual abuse, and  information for                                                            
victims  of domestic  violence. He  stressed the  department is  not                                                            
required to  do this, but does because  it helps staff do  their job                                                            
and also because "it's  the right thing to do." He noted this effort                                                            
is also federally funded.                                                                                                       
                                                                                                                                
Mr.  Guaneli told  the  Committee  the department  is  currently  in                                                            
litigation  defending  other laws  passed  by the  legislature  that                                                            
limited  "some  of the  abuses"  of defense  attorneys  and  defense                                                            
investigators  regarding victim contact,  that have occurred  during                                                            
the investigative portion of criminal cases.                                                                                    
                                                                                                                                
Mr. Guaneli summarized  that the Department of Law  "is doing a very                                                            
good job" in  its relationship with  victims. He stated that  he has                                                            
listened to previous testimony  from victims complaining about their                                                            
treatment in  the judicial system  and that he has researched  these                                                            
instances.  He  concluded  that in  each  case, the  department  did                                                            
everything  it could have  done to ensure  the victim's rights  were                                                            
guaranteed.  He suggested that because  these cases involved  family                                                            
members of murder  victims, there was significant  stress and trauma                                                            
for these people during  the criminal justice proceedings. He stated                                                            
that in these  instances, victims often take out their  frustrations                                                            
with  the government  agency  they have  the most  contact with.  He                                                            
recommended  counseling   for these   victims  rather  then  another                                                            
attorney.                                                                                                                       
                                                                                                                                
Mr.  Guaneli   was  concerned   that  with   the  passage   of  this                                                            
legislation, there  would be an expectation that victims  would have                                                            
an  attorney  in  all  cases.  He  stressed  that  even  though  the                                                            
jurisdiction of the proposed  office is narrow in that it is limited                                                            
to felony cases  and misdemeanor crimes  against persons,  there are                                                            
still 5,000 to 6,000 of these cases each year.                                                                                  
                                                                                                                                
Mr.  Guaneli  suggested  efforts   could  be  better  spent  in  the                                                            
collection  of court  ordered restitution  to  victims. He  stressed                                                            
that  the  court  does not  enforce  these  orders  well,  that  the                                                            
Department of  Law has a system for collecting court-ordered  fines,                                                            
and  that  this  system  could  be  applied  to  collecting   victim                                                            
restitution as well.                                                                                                            
                                                                                                                                
Mr.  Guaneli   mentioned  the  governor   has  introduced   separate                                                            
legislation dealing with victim's rights.                                                                                       
                                                                                                                                
Co-Chair  Kelly asked if  this bill interferes  with the  governor's                                                            
bill and if it diverts funds from other victim services.                                                                        
                                                                                                                                
Mr. Guaneli replied  this legislation would not interfere  and would                                                            
not divert funds. However,  he relayed testimony given to the Senate                                                            
Judiciary Committee  expressed concerns  that if there were  limited                                                            
resources,  budget reductions would  be made to other programs  such                                                            
as the Council on Domestic Violence and Sexual Assault (CDVSA).                                                                 
                                                                                                                                
Co-Chair Kelly  surmised that since the proposed Office  of Victim's                                                            
Rights  would be  a part  of the Legislature's  budget,  he did  not                                                            
think other programs would be affected.                                                                                         
                                                                                                                                
Co-Chair Kelly was unclear  why the Administration opposed the bill.                                                            
                                                                                                                                
Mr. Guaneli did  not oppose the legislation, but had  concerns about                                                            
the costs to the public.                                                                                                        
                                                                                                                                
Co-Chair  Kelly  asked if  there would  be  additional  cost to  the                                                            
Department of Law.                                                                                                              
                                                                                                                                
Mr. Guaneli answered there would not.                                                                                           
                                                                                                                                
Co-Chair Kelly reminded  that the governor vetoed a similar bill the                                                            
year before and asked if he would veto this legislation as well.                                                                
                                                                                                                                
Mr. Guaneli  could not speak  for the governor,  but noted  concerns                                                            
with  the  previous  legislation  related  to the  location  of  the                                                            
proposed office within  the Department of Law and the conflicts that                                                            
could arise  because of this.  He stated this  has been resolved  in                                                            
the current legislation.                                                                                                        
                                                                                                                                
Senator  Austerman  asked if  this  bill would  result  in any  cost                                                            
savings to the Department of Law.                                                                                               
                                                                                                                                
Mr. Guaneli  did not anticipate  any savings,  but qualified  it was                                                            
possible if the  victims' advocate took on some functions  currently                                                            
performed  by  the  department,  such  as  explaining  the  criminal                                                            
justice  process   to  victims.  He  stated  this   could  save  the                                                            
department some time.                                                                                                           
                                                                                                                                
Senator Hoffman  noted the  concerns expressed  that there  would be                                                            
more  cases then  could  be handled  by the  two attorneys  and  one                                                            
paralegal position  proposed for the  Office of Victims'  Rights. If                                                            
this is the case,  he asked how the department would  prioritize the                                                            
services.                                                                                                                       
                                                                                                                                
Mr. Guaneli  replied that  this office would  not be located  within                                                            
the Department of Law but rather in the legislative branch.                                                                     
                                                                                                                                
Co-Chair  Donley asked the  witness' opinion  on proposed  Amendment                                                            
#1.                                                                                                                             
                                                                                                                                
Mr. Guaneli  responded the  amendment appears  to change the  law to                                                            
provide  that defendants  and defense  attorneys  could not  comment                                                            
about  victims  who  fail  to  appear   to  testify  in  a  criminal                                                            
proceeding.   He opined, "It is a  good idea." He shared  this would                                                            
prevent defense  attorneys from making  statements in court  such as                                                            
"well the victim didn't  testify so that means it must not be a very                                                            
important case."  He did not think these statements  would influence                                                            
a judge's decision,  but that it is uncertain how  it would impact a                                                            
jury's  deliberation.  He  spoke to  the  courage required  of  some                                                            
victims to appear.  He stated that this amendment  does not infringe                                                            
on any constitutional rights. He supported the amendment.                                                                       
                                                                                                                                
CANDACE  BROWERS,  Legislative  Liaison  and  Program  Coordinator,                                                             
Department  of Corrections, stressed  that the department  takes its                                                            
obligation  to serve victims very  seriously. She gave as  examples,                                                            
victim  conferences  held  across   the  state,  and  victim  impact                                                            
classes. She explained  these classes are targeted  toward offenders                                                            
to attempt  to make them understand  the effects of their  crimes on                                                            
victims as  well as their own families  and the community  at large.                                                            
She also pointed out the  department works closely with private non-                                                            
profit agencies.  She told of the implementation and  enhancement of                                                            
the Vine System, an electronic notification for victims.                                                                        
                                                                                                                                
Ms. Browers  continued, informing  the Committee the department  has                                                            
hired a  Victims Service  Coordinator through  a grant from  through                                                            
the  CDVSA,  to  provide  sensitivity  to  victim's  needs  training                                                            
throughout the state for Department of Corrections personnel.                                                                   
                                                                                                                                
Ms. Browers explained  the proposed Office of Victim's  Rights would                                                            
be funded through  the use of permanent  fund dividend (PFD)  funds.                                                            
She stated  that this program  adds another  allocation tier  to the                                                            
convict PFD withholdings,  which she detailed, is labor intensive to                                                            
process.  She pointed out  a Department of  Corrections fiscal  note                                                            
includes  an additional  staff  position  to handle  the  additional                                                            
workload.                                                                                                                       
                                                                                                                                
Ms.   Browers  reiterated   Mr.   Guaneli's  comment   that   victim                                                            
restitution   could  be   better  enforced.   She  noted  that   the                                                            
withholding  of  PFD from  convicted  felons  to fund  the  proposed                                                            
office would result  in less money available for restitution,  child                                                            
support, etc.                                                                                                                   
                                                                                                                                
                                                                                                                                
SFC 01 # 40, Side A 10:51 AM                                                                                                    
                                                                                                                                
                                                                                                                                
Amendment #1:  This amendment changes language in  the title to read                                                            
as follows.                                                                                                                     
                                                                                                                                
     An Act  relating to victim's  rights; relating to establishing                                                             
     an  office of  victims' rights;  relating to  the authority  of                                                            
     litigants  and  the court  to  comment  on the  crime  victim's                                                            
     choice  to appear or  testify in a criminal  case; relating  to                                                            
     compensation   of  victims  of  violent  crimes;   relating  to                                                            
     eligibility   for  a  permanent   fund  dividend  for   persons                                                            
     convicted of an incarcerated  for certain offenses; relating to                                                            
     notice of  appropriations concerning victims'  rights; amending                                                            
     Rules  16 and 30 Alaska  Rules of Criminal  Procedure,  Rule 9,                                                            
     Alaska  Delinquency  Rules,  and  Rule  501,  Alaska  Rules  of                                                            
     Evidence; and providing for an effective date.                                                                             
                                                                                                                                
This amendment also inserts  a new bill section on page 2, following                                                            
line 10 of the committee substitute to read as follows.                                                                         
                                                                                                                                
     Sec. 3. AS 12.61 is  amended by adding a new section to article                                                            
     2 to read:                                                                                                                 
          Sec. 12.61.200. Comment not permitted. (a) The decision                                                               
     of the crime victim  to testify or appear at a criminal case is                                                            
     not a proper subject of comment by judge or counsel.                                                                       
          (b) Upon request, a party against the jury might draw an                                                              
     adverse inference  from the failure of a crime victim to appear                                                            
     or testify is entitled  to an instruction that no inference may                                                            
     be drawn therefrom.                                                                                                        
                                                                                                                                
This  amendment  also  inserts  a  new  bill  section  on  page  15,                                                            
following line  10 of the committee  substitute to read as  follows.                                                            
                                                                                                                                
     Sec. 17.  The uncodified law of the State of  Alaska is amended                                                            
     by adding a new section to read:                                                                                           
          COURT RULE AMENDMENT. AS 12.61.200, added by sec. 3 of                                                                
     this Act,  has the effect of amending Rule 30,  Alaska Rules of                                                            
     Criminal Procedure, relating to instructions to the jury.                                                                  
                                                                                                                                
This amendment also inserts  a new bill section on page 2, following                                                            
line 10 of the committee substitute to read as follows.                                                                         
                                                                                                                                
     Sec. 19.  The uncodified law of the State of  Alaska is amended                                                            
     by adding a new section to read:                                                                                           
          APPLICABILITY. AS 12.61.200, added by sec. 3 of this Act,                                                             
     is  not intended to  interfere with  any constitutional  rights                                                            
     and applies  only to the extent permitted by  the United States                                                            
     Constitution and the Constitution of the State of Alaska.                                                                  
                                                                                                                                
Co-Chair Donley  noted this amendment relates to defendants  "making                                                            
a big deal" over victims  who do not appear in court. He shared that                                                            
he  has learned  that  some defense  attorneys  are  doing this.  He                                                            
stressed  that  it  requires  a  big  effort  for  some  victims  to                                                            
participate in the judicial process.                                                                                            
                                                                                                                                
[Note:  No motion was  made to  adopt the amendment,  no  objections                                                            
were  made  to the  amendment,  and  it was  not  declared  adopted.                                                            
However,  the  amendment  was incorporated  into  the  final  Senate                                                            
Finance Committee substitute.]                                                                                                  
                                                                                                                                
Amendment  #2: This  amendment  increases compensation  limits  from                                                            
$30,000  and  $50,000.  The amended  language  on  page 2  lines  11                                                            
through 21 reads as follows.                                                                                                    
                                                                                                                                
     Sec. 3. AS 18.67.130(c) is amended to read:                                                                                
          (c) Compensation may not be awarded under this chapter in                                                             
     an  amount  in  excess  of $40,000  [$25,000]  per  victim  per                                                          
     incident. However, in the case of the death of                                                                             
                (1) a victim who has more than one dependent                                                                    
     eligible  for compensation, the total compensation  that may be                                                            
     awarded as  a result of that death may note exceed  $80,000;the                                                          
     [$40,000  THE] board may prorate the total awarded  among those                                                            
     dependents according to relative need; or                                                                                
                (2) two or more victims in the same incident who                                                              
     jointly have  a dependent eligible for compensation,  the total                                                          
     compensation  that may be awarded  as a result of those  deaths                                                          
     may not exceed $50,000.                                                                                                  
     New Text Underlined [UNDERLINED TEXT BRACKETED]                                                                          
                                                                                                                                
Co-Chair Donley explained  this amendment increases the inflationary                                                            
amount  of money  available  to the  victims  of crime  through  the                                                            
Violent Crimes Compensation Board. He moved for adoption.                                                                       
                                                                                                                                
There was no objection and the amendment was ADOPTED.                                                                           
                                                                                                                                
Amendment  #3:  This amendment  inserts  a  new subparagraph  to  AS                                                            
43.23.028(a)  in Section  10 of  the committee  substitute. The  new                                                            
language reads as follows.                                                                                                      
                                                                                                                                
          (5) nonprofit victim's rights organizations for grants                                                                
     for services to crime victims                                                                                              
                                                                                                                                
Co-Chair  Donley  explained  this  amendment  adds  to the  list  of                                                            
potential uses  of money the state  receives from the withheld  PFDs                                                            
of felons and  certain misdemeanants. He stated this  amendment adds                                                            
a fifth category  and gives the legislature  discretion to  use some                                                            
of the funds as grants  for nonprofit victims' rights organizations.                                                            
                                                                                                                                
After  asking  if  there  was  any  objection  to  adoption  of  the                                                            
amendment, no  objection was raised, and Co-Chair  Kelly ordered the                                                            
amendment ADOPTED.  [Note: There was  no formal motion to  adopt the                                                            
amendment.]                                                                                                                     
                                                                                                                                
ROBERT BUTTCANE,  Legislative and  Administrative Liaison,  Division                                                            
of  Juvenile Justice,  Department  of  Health and  Social  Services,                                                            
testified via  teleconference from  Anchorage about 1998  changes in                                                            
the delinquency  chapter to require the department  to hold juvenile                                                            
offenders  accountable.   He  said  this  was  intended  to  prevent                                                            
repeated   behavior,  to   restore  victims   and  communities   "to                                                            
wholeness",  to  protect  the  public,   to develop   competency  in                                                            
juveniles so they become protected.                                                                                             
                                                                                                                                
Mr. Buttcane  stated that with this  change, the department  shifted                                                            
from  an "offender  focus"  system exclusively  concerned  with  the                                                            
issues related  to rehabilitation of juvenile offenders.  The focus,                                                            
he remarked,  broadened  to incorporate  public  safety concerns  as                                                            
well as  the restoration  of victims.  He detailed  how an  informal                                                            
adjustment  case  could  not  be  closed  until  victim restitution                                                             
concerns have been addressed.                                                                                                   
                                                                                                                                
Mr. Buttcane  pointed out that victims  have a right to be  informed                                                            
of, and present  at, any formal proceedings. He noted  that although                                                            
this  statute  gives  victims   the  right  to  testify  during  the                                                            
delinquency  disposition phase of  proceedings, increasingly  courts                                                            
are allowing  victims to make statements  during detention,  hearing                                                            
reviews as well as during parts of adjudication.                                                                                
                                                                                                                                
Mr. Buttcane  stated that  victims are a  specific identified  group                                                            
allowed  access   to  information   about  the  offenders   and  the                                                            
offender's  parents.  He  pointed  out  that  victims  also  receive                                                            
notification  when  offenders are  to be  released  from a  juvenile                                                            
institutional treatment program.                                                                                                
                                                                                                                                
Mr. Buttcane  assured that any failure  by the department  to ensure                                                            
victims receive  the aforementioned  considerations is only  because                                                            
of insufficient  resources.  He cautioned that  the creation  of the                                                            
ombudsman-type  office  is a  concern  since the  limited  resources                                                            
occasionally  result in a  victim "falling  through the cracks"  and                                                            
this  fact  is  already   known.  He  stressed  that   this  is  not                                                            
intentional.                                                                                                                    
                                                                                                                                
Mr. Buttcane stressed that  the department's research has shown that                                                            
victims mostly want to  be listened to and to have an opportunity to                                                            
tell their  story. He emphasized  this desire  goes beyond  making a                                                            
statement on the  witness stand during a delinquency  proceeding. He                                                            
said  victims  have a  need  for someone  to  fully  understand  and                                                            
acknowledge  that  they have  been  wronged by  the  act of  another                                                            
person.  He  noted  this  is  what  probation   officers  and  grief                                                            
counselors  within the department  provide and  that a new  group of                                                            
clients have been incorporated into the juvenile justice system.                                                                
                                                                                                                                
Mr. Buttcane stressed  that victim impact classes  have had the most                                                            
success  in getting  offenders  to understand  the  consequences  of                                                            
their  actions  and  have  been  most effective   in rehabilitating                                                             
juvenile offenders.                                                                                                             
                                                                                                                                
Mr. Buttcane  testified he  supports any  legislation that  provides                                                            
advocacy and victim services.  He added that after victims feel they                                                            
have been heard,  they next want to  be compensated for their  loss.                                                            
He  commented  that  any effort  in  getting  restitution  to  these                                                            
victims is important.                                                                                                           
                                                                                                                                
Mr. Buttcane had  specific questions about language  in the bill. He                                                            
referred  to  the  authority  of the  Office  of  Victim's  Advocacy                                                            
provided in  Section 5, page 5 line  28 and suggested clarification                                                             
of whether  jurisdiction extends to  juvenile delinquency  cases. He                                                            
noted  that  language  elsewhere  in the  bill  speaks  to  juvenile                                                            
delinquency  and he asserted that  the same accesses and  privileges                                                            
should be afforded to victims of a juvenile offense.                                                                            
                                                                                                                                
Mr. Buttcane then referred  to page 9, line 19, relating to immunity                                                            
for  the victim  advocate  and voiced  concern  that  this level  of                                                            
immunity  could be  so high  that if  there was  abuse, that  person                                                            
could not be held accountable.                                                                                                  
                                                                                                                                
Mr.  Buttcane asserted  the  justice system  is better  "for  having                                                            
moved victims to center stage."                                                                                                 
                                                                                                                                
Co-Chair Kelly  and Mr. Buttcane established  that language  in some                                                            
portions of the  bill explicitly outlines the inclusion  of juvenile                                                            
offenders under  the jurisdiction of the Office of  Victim's Rights,                                                            
although it is not contained in all pertinent sections.                                                                         
                                                                                                                                
Co-Chair  Kelly  noted this  technical  change  does not  alter  the                                                            
intent of the bill and  could be made in the Senate Rules Committee.                                                            
                                                                                                                                
Mr. Buttcane qualified  the existing language could be adequate, but                                                            
requested that it be verified.                                                                                                  
                                                                                                                                
Co-Chair Kelly assured this would be done.                                                                                      
                                                                                                                                
Co-Chair Donley  offered a motion to move CS SB 105,  22-LS0219\F as                                                            
amended  from  Committee   with  a $47,000   fiscal  note  from  the                                                            
Department   of  Corrections,  a   $63,900  fiscal  note   from  the                                                            
Legislature  and zero fiscal  notes from the  Department of  Law and                                                            
the Department of Revenue.                                                                                                      
                                                                                                                                
Without objection the bill MOVED from Committee.                                                                                
                                                                                                                                
                                                                                                                                
     SENATE BILL NO. 93                                                                                                         
     "An Act relating to the Arctic Winter Games Team Alaska trust;                                                             
     and providing for an effective date."                                                                                      
                                                                                                                                
                                                                                                                                
This was  the second  hearing for  this bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
SENATOR RANDY PHILLIPS  spoke to a proposed committee substitute and                                                            
noted  the  only changes  are  technical  corrections  made  at  the                                                            
request of the Department of Revenue.                                                                                           
                                                                                                                                
Co-Chair Donley  offered a motion to adopt CS SB 93,  22-LS0566\J as                                                            
a working draft.                                                                                                                
                                                                                                                                
The committee substitute was ADOPTED without objection.                                                                         
                                                                                                                                
Co-Chair  Donley offered a  motion to report  CS SB 93, 22-LS0566\J                                                             
from  Committee  with a  zero fiscal  note  from the  Department  of                                                            
Revenue.                                                                                                                        
                                                                                                                                
There was no objection and the bill MOVED from Committee.                                                                       
                                                                                                                                
ADJOURNMENT                                                                                                                 
                                                                                                                                
Co-Chair Kelly adjourned the meeting at 11:08 AM                                                                                

Document Name Date/Time Subjects