Legislature(1993 - 1994)
05/01/1994 01:10 PM Senate FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
MINUTES
SENATE FINANCE COMMITTEE
May 1, 1994
1:10 p.m.
TAPES
SFC-94, #85, Side 1 (150-end)
SFC-94, #85, Side 2 (end-000)
SFC-94, #87, Side 1 (000-550)
CALL TO ORDER
Senator Drue Pearce, Co-chair, convened the meeting at
approximately 1:10 p.m.
PRESENT
In addition to Co-chair Pearce, Senators Rieger, Kerttula,
Kelly, Jacko and Sharp were present. Co-chair Frank joined
the meeting after it was in progress.
ALSO ATTENDING: Representative Gail Phillips, sponsor of HB
319; Senator Loren Leman; Representative Harley Olberg,
sponsor of HB 427; Cheryl Sutton, aide to Representative
Moses, sponsor of HB 230; Representative Eldon Mulder,
sponsor of HCR 32 and HB 421; Jeff Morrison, Director,
Administrative & Support Services Division, Department of
Military & Veteran Affairs; Representative Jeannette James,
sponsor of HB 222; David Skidmore, aide to Senator Frank;
Jack Chenoweth, attorney, Legislative Legal Counsel,
Legislative Affairs Agency; Sherrie Goll, lobbyist, Alaska
Women's Lobby and KIDPAC; Jane Andrene, Executive Director,
Council on Domestic Violence and Sexual Assault; John George
for the Outdoor Council; George Dozier, aide to
Representative Kott, sponsor of HB 231; Thomas Williams,
Director, Permanent Fund Dividend Division, Department to
Revenue; Larry Meyers, Director, Income & Excise Audit
Division, Department of Revenue; Gerald L. Gallagher,
Director, Division of Mining, Department of Natural
Resources; Larry LaBolle, aide to Representative Larry
Foster, sponsor of HB 498; C.E. Swackhammer, Deputy
Commissioner, Department of Public Safety; Mike Greany,
Director, Legislative Finance Division; representatives of
the media, aides to committee members and other members of
the legislature.
SUMMARY INFORMATION
CSSB 378(STA): An Act relating to permanent fund
dividend program notice requirements, to
the ineligibility for dividends of
individuals convicted of felonies or
incarcerated for misdemeanors, and to
the determination of the number and
identity of certain ineligible
individuals; and providing for an
effective date.
Thomas Williams, Director, Permanent
Fund Dividend Division, Department of
Revenue, spoke to the department's
concerns regarding SB 378. Senator
Frank proposed Amendment 1. Amendment 1
was ADOPTED. CSSB 378(FIN) was REPORTED
out of committee with a "do pass," zero
fiscal notes for the Department of
Corrections and the Department of
Revenue, and an undetermined fiscal note
for the Alaska Court System.
CSHB 222(FIN): An Act relating to landlords and tenants
and to the applicability of the Uniform
Residential Landlord and Tenant Act, to
termination of tenancies and recovery of
rental premises, to tenant
responsibilities, and to the civil
remedies of forcible entry and detainer
and nuisance abatement; and amending
Rule 62(a) of the Alaska Rules of Civil
Procedure and Rule 24(a) of the Alaska
District Court Rules of Civil Procedure.
Representative Jeannette James, sponsor
of HB 222, and David Skidmore, aide to
Senator Frank, testified in support of
HB 222. Jack Chenoweth, attorney,
Legislative Legal Counsel, Legislative
Affairs Agency, explained each section
of the bill. SCSCSHB 222(FIN) work
draft "V" was ADOPTED. Amendment 1
conceptually added commercial illegal
gaming as an illegal activity to the
bill. Amendment 1 was ADOPTED.
Amendment 2 by Senator Rieger was
ADOPTED. Senator Sharp proposed
Amendment 3 presented by Senator Leman.
Amendment 3 FAILED. SCSCSHB 222(FIN)
work draft "V" as amended was REPORTED
out of committee with a "do pass," a
zero fiscal note for the Department of
Safety, and a fiscal note for the
Department of Law in the amount of
$10.0.
CSHB 230(FIN): An Act relating to fees for a commercial
fishing vessel license.
Cheryl Sutton, aide to Representative
Moses, sponsor of HB 230, spoke in
support of the bill. CSHB 230(FIN) was
REPORTED out of committee with a "do
pass," and a fiscal note for the
Department of Fish & Game in the amount
of $16.6 showing revenue of $871.5.
CSHB 231(FIN): An Act relating to when previous conduct
constituting a sexual offense may be
used as an aggravating factor at
sentencing.
George Dozier, aide to Representative
Kott, sponsor of HB 231, spoke in
support of the bill. Jan Andrene,
Council on Domestic Violence and Sexual
Assault, also testified in support of HB
231.
SCSCSHB 319(JUD): An Act relating to the training of law
enforcement and corrections officers; to
the establishment of surcharges to be
assessed for violations of certain
traffic offenses; allowing defendants
who are unable to pay the surcharge to
perform community work; creating the
Alaska police standards training fund;
and providing for an effective date.
Representative Gail Phillips, sponsor of
HB 319, testified in support of the
bill. SCSCSHB 319(JUD) was REPORTED out
of committee with a "do pass," and with
zero fiscal notes for the Department of
Law, the Department of Public Safety,
and the Alaska Court System.
SCSCSHB 351(STA): An Act relating to permits for the
carrying of a concealed handgun;
providing for local option elections in
municipalities and established villages
to prohibit the possession of a
concealed handgun under a permit; and
relating to the possession of weapons;
and providing for an effective date.
Sherrie Goll, lobbyist, Alaska Women's
Lobby and KIDPAC, and Jane Andrene,
Executive Director, Council on Domestic
Violence and Sexual Assault, testified
in opposition to HB 351. John George,
for the Outdoor Council, testified in
support of HB 351. Senator Rieger
voiced his opposition to a concealed
weapon. CSHB 351(FIN am(efd add) was
REPORTED out of committee with a "do
pass," a zero fiscal note for the
Department of Law, a fiscal note in the
amount of $2.44 for the Office of the
Governor, and a fiscal note for the
Department of Public Safety in the
amount of $1,351.8 showing a revenue of
$1,842.7.
HB 421: An Act authorizing grants for temporary
housing assistance during emergencies
and disasters.
Representative Eldon Mulder, sponsor of
HB 421, and Jeff Morrison, Director,
Administrative & Support Services
Division, Department of Military &
Veteran Affairs, testified in opposition
to limiting grants to $5,000.
Discussion was had by Senators Kelly,
Sharp, and Co-chair Pearce regarding
double payments and existing legislation
for limits. HB 421 was HELD in
committee until a new CS could be
drafted.
HB 427: An Act relating to compensation for
members of the Local Boundary
Commission.
Representative Harley Olberg, sponsor of
HB 427, testified in support of the
bill. Senator Kelly proposed Amendment
1 which limited the number of paid
meeting days to 40. Amendment 1 was
ADOPTED. SCSHB 427(FIN) was REPORTED
out of committee with a "do pass," and a
fiscal note for the Department of
Community & Regional Affairs for $14.8.
CSHB 498(FIN): An Act providing for exploration
incentive credits for activities
involving locatable and leasable
minerals and coal deposits on certain
land in the state; and providing for an
effective date.
Larry Meyers, Director, Income & Excise
Audit Division, Department of Revenue;
Gerald L. Gallagher, Director, Division
of Mining, Department of Natural
Resources; and Larry LaBolle, aide to
Representative Larry Foster, sponsor of
HB 498, spoke to HB 498. Amendment 4,
5, and 6 were ADOPTED. SCSCSHB 498(FIN)
was REPORTED out of committee with a "do
pass," and zero fiscal note for the
Department of Revenue.
HCR 32: Establishing the Joint Task Force on
Military Bases in Alaska.
Representative Mulder, sponsor of HCR
32, testified in support of the bill.
HCR 32 was REPORTED out of committee
with a "do pass," and a zero fiscal note
for Legislative Affairs Agency.
SENATE CS FOR CS FOR HOUSE BILL NO. 319(JUD):
An Act relating to the training of law enforcement and
corrections officers; to the establishment of
surcharges to be assessed for violations of certain
traffic offenses; allowing defendants who are unable to
pay the surcharge to perform community work; creating
the Alaska police standards training fund; and
providing for an effective date.
CO-CHAIR DRUE PEARCE announced that HB 319 was before the
committee and invited Representative Gail Phillips, sponsor
of the bill, to speak to the committee.
REPRESENTATIVE PHILLIPS said that HB 319 would do three
things. It would establish a police standards training fund
within the general fund, provide a source of receipts for
the training fund paid for by the violations of certain
traffic offenses such as moving violations and driving while
intoxicated, and allow those unable to pay to perform
community work. It allowed the legislature to appropriate
each year for the training of law enforcement and correction
officers statewide through the Alaska Police Training
Council. Training for law enforcement was sorely needed and
in too many instances was non-existent. The phrase,
surcharge, was used to avoid the appearance of a dedicated
fund and a way for municipalities and the court system to
account for the amount to be transferred from the state
treasury for training. She asked that ten and twelve dollar
increase in fines not be misconstrued as a tax, surcharge,
user fee, etc. since the legislature did not set the fine
schedules. The Supreme Court and municipalities raised or
adjusted bail forfeiture schedules and could do so without
giving the legislature the opportunity to direct where the
increase would be used and for what purpose. Anticipated
receipts on only the collectable fines would amount to
approximately $700,000 annually. Delayed effective dates
would allow the Court System to implement their new
accounting system and to amend their bail forfeiture
schedules to reflect the proposed increase and would allow
municipalities adequate time to prepare in-house accounting
systems.
Representative Phillips went on to say that the Senate
Judiciary Committee substitute made one change on page 3,
lines 11-13, where new language was added that said "the
legislature may appropriate equal amounts from the fund to
the Department of Public Safety for the Public Safety
Training Academy and to the Alaska Police Standards
Council." In answer to Senator Kelly, Representative
Phillips said she had no problem with the added language.
SENATOR KERTTULA said that a fee is a fee is a fee and a tax
is a tax is a tax. Senator Kelly said "and this is a
surcharge" to everyone's amusement.
SENATOR JACKO MOVED for passage of SCSCSHB 319(JUD) from
committee with individual recommendations. No objection
being heard, SCSCSHB 319(JUD) was REPORTED out of committee
with a "do pass," and with zero fiscal notes for the Alaska
Court System, the Departments of Law, and Public Safety.
Co-chairs Pearce and Frank, Senators Sharp, Kerttula, Jacko,
Kelly, and Rieger signed a "do pass."
HOUSE BILL NO. 427:
An Act relating to compensation for members of the
Local Boundary Commission.
Co-chair Pearce announced that HB 427 was before the
committee and invited Representative Harley Olberg to speak
to the bill.
REPRESENTATIVE OLBERG admitted that the fiscal note was
troublesome in view of declining revenues and low oil prices
but he felt this legislation was long overdue. The local
boundary commission met 18 times a year (9 in-person and 9
by teleconference), and last year handled seven petitions.
This year 12 petitions had already been scheduled with an
outlook of increased activity. He felt with this modest
compensation, competent people would stay involved.
SENATOR KELLY asked if there would be an objection to
limiting the number of days the Commission met.
Representative Olberg said that there were 18 meetings per
year and 5 members on the Commission. At present, they
receive travel and per diem. Although it was one of the
five constitutional mandated boards, it was not one of the
28 that was presently compensated. He said he was not
opposed to limiting the number of days except that the
volume of work was on the increase. Co-chair Frank voiced
his opinion that $100 a day would probably not encourage
extra meetings.
Senator Kelly questioned whether they could be compensated
for a "full day", if they spent part of the day on the
telephone. Representative Olberg said there were
regulations in place that could provide for partial days
including teleconference meetings, because when they were at
home on the phone, they did not collect travel and per diem.
Senator Rieger said he was in support of compensating
members for meetings. He agreed that there was an increase
of work for this Commission and it deserved to be
compensated for time and effort.
Senator Kerttula commented that he hoped enough money would
be raised to cover costs for these kinds of boards and
commissions.
Senator Kelly MOVED conceptual amendment 1 that limited
meeting days to 40 full days. Co-chair Pearce called for a
show of hands and the motion carried on a vote of 4 to 3
(Co-chair Pearce, Senators Sharp, Jacko, and Kelly were in
support, Co-chair Frank, Senator Rieger and Kerttula were
opposed).
Senator Kerttula MOVED for passage of SCSHB 427(FIN) as
amended from committee with individual recommendations. No
objection being heard, SCSHB 427(FIN) was REPORTED out of
committee with a "do pass," and a fiscal note for the
Department of Commerce and Regional Affairs for $14.8. Co-
chair Frank, Senators Sharp and Jacko signed "do pass." Co-
chair Pearce signed "do pass either way." Senator Kerttula
signed "no recommendation." Senator Kelly signed "do pass
as amended." Senator Rieger signed "do pass without the
amendment."
CS FOR HOUSE BILL NO. 230(FIN):
An Act relating to fees for a commercial fishing vessel
license.
Co-chair Pearce announced that HB 230 was before the
committee and invited Representative Carl Moses, and Cheryl
Sutton, aide to Representative Moses, sponsor of HB 230, to
the table.
CHERYL SUTTON said that HB 230 was a simple bill that raised
the vessel license fee from an across the board $20 fee to a
fee based on the length of the vessel. This $20 fee had
been in effect for a long time, at least since 1979 when the
commercial fisheries entry commission took over the
licensing of vessels. On page 2 of the bill, the fees
imposed per length of vessel were listed. She said that
this bill was a small move to bring the fee in line with the
revenue of the fisheries. She pointed out that
Representative Moses had included intent language in the
bill so that revenue generated be appropriated to the
Department of Fish & Game to assist with budget needs. If
HB 230 passes, Representative Moses respectively requested
Co-chairs Pearce and Frank to keep this in mind as they
moved through the Department of Fish & Game's budget items
and especially the AYK needs for research & management. She
went on to say that United Fishermen of Alaska supported
this bill.
Senator Jacko MOVED for passage of CSHB 230(FIN) with
individual recommendations. No objection being heard, CSHB
230(FIN) was REPORTED out of committee with a "do pass," and
a fiscal note for the Department of Fish & Game for $16.6
showing a revenue of $871.5. Co-chairs Pearce and Frank,
Senators Jacko, Rieger, Kerttula, Kelly and Sharp signed "do
pass."
HOUSE CONCURRENT RESOLUTION NO. 32:
Establishing the Joint Task Force on Military Bases in
Alaska.
Co-chair Pearce announced that HCR 32 was before the
committee and invited Representative Eldon Mulder to speak
to the bill.
REPRESENTATIVE MULDER said this was the final year of the
Base Realignment and Closure Commission (BRAC) evaluation of
military bases around the United States. The Department of
Defense would visit each facility to reduce the least
important or valuable ones in an effort to save money. He
said the military annually contributes $2.7 billion to
Alaska's economy, and the reduction of any of our bases
would have a devastating effect on the state.
Representative Mulder went on to say that HCR 32 was
introduced to establish the Joint Task Force to better
inform the members of the BRAC Commission of the importance
of Alaska bases.
Senator Kelly pointed out the BRAC Commission would have
seventeen new members by September 1994 who would have had
no exposure at all to base issues nationwide. He felt the
sooner the state could lobby for the strategic importance of
Alaska, the better off the state would be in the final 1995
review of bases.
Senator Kelly MOVED for passage of HCR 32 from committee
with individual recommendations. No objection being heard,
HCR 32 was REPORTED out of committee with a "do pass," and a
zero fiscal note for the Legislative Affairs Agency. Co-
chairs Pearce and Frank, Senators Sharp, Rieger, Jacko, and
Kelly signed "do pass."
HOUSE BILL NO. 421:
An Act authorizing grants for temporary housing
assistance during emergencies and disasters.
Co-chair Pearce announced that work draft SCSHB 421(FIN) "E"
version was before the committee. She pointed out new
language on page 1, line 11-14, and page 2, line 1, which
Co-chair Frank and Senator Kelly had approved.
CO-CHAIR FRANK MOVED for adoption of work draft SCSHB
421(FIN) "E" version. No objection being heard, it was
ADOPTED.
Representative Mulder invited Jeff Morrison, Director,
Administrative & Support Services Division, Department of
Military & Veteran Affairs, to speak to the bill. In regard
to the $5,000 restriction, he said that in a real emergency
the restriction might be too constrictive.
JEFF MORRISON said there were two sections in present law
regarding disasters. One that pertains to individual and
family grants and one that pertains to temporary housing.
HB 421 only applied to the temporary housing provision. The
other section pertaining to family grants, was intended to
address immediate needs following a disaster other than
housing, such as food, clothing, medicine, bedding, etc.,
and had a $5,000 limitation per individual or per family.
HB 421 would not change that limitation. He did not support
putting a limit on temporary housing because it might not
meet the needs of disaster victims. There was a limit of
eighteen months for housing and a time limit seemed a more
appropriate limitation.
In answer to Co-chair Pearce, Mr. Morrison said that if a
disaster was solely a state disaster and not declared a
federal disaster, people would not be eligible for Federal
Emergency Management Agency (FEMA) grants. Usually the
magnitude of a disaster, for instance, how many individuals
it effected, was the factor mandating it as a federal
disaster.
Senator Kelly asked if the state would be reimbursed if an
individual received state and then later federal assistance.
Mr. Morrison said there was a provision in the current
temporary housing plan to offset insurance proceeds. He did
not know if a settlement would be treated the same way.
Discussion followed regarding housing limitations by Senator
Sharp, Mr. Morrison, and Co-chair Pearce.
Senator Kelly requested a provision be added to the bill to
provide reimbursement to the state if an insurance or
federal settlement was received by individuals receiving
grants. Mr. Morrison suggested that Senator Kelly's concern
could be addressed by adding the words "or other payments"
after the words "under private Insurance" on line 14, and on
line 12, and replace the words "are not eligible for" with
the words "for the cost of housing that are not covered
under." The state then would not duplicate payments. Co-
chair Pearce pointed out that it might be years before
settlements or other payments were received, and this was an
emergency grant so individuals could receive money quickly.
Senator Kelly agreed with Co-chair Pearce that the state
grant would be an immediate help, but if any money was
received after that, the state should be reimbursed.
Representative Mulder also agreed that the intent of HB 421
was to enable people to receive emergency funds quickly
without the department having to do a lengthy housing
inventory, etc. He said he was in support of the grant
being repaid to the state if the individual or family
received another settlement at a later date.
Co-chair Pearce announced that SCSHB 421(FIN) would be HELD
until language could be drafted to accomplish Senator
Kelly's proposed amendment.
CS FOR HOUSE BILL NO. 222(FIN):
An Act relating to landlords and tenants and to the
applicability of the Uniform Residential Landlord and
Tenant Act, to termination of tenancies and recovery of
rental premises, to tenant responsibilities, and to the
civil remedies of forcible entry and detainer and
nuisance abatement; and amending Rule 62(a) of the
Alaska Rules of Civil Procedure and Rule 24(a) of the
Alaska District Court Rules of Civil Procedure.
Co-chair Pearce announced that SCSHB 222(FIN) was before the
committee and invited Representative James, sponsor of HB
222, and David Skidmore, aide to Co-chair Frank, to the
table.
DAVID SKIDMORE said that the changes in the Senate Finance
Committee version included several Judiciary Committee
amendments regarding tenant obligations and some
clarification of existing statutes. The only Judiciary
Committee amendment that was not included increased the
allowable amount of a security deposit that a landlord could
charge.
Co-chair Frank MOVED for adoption of SCSHB 222(FIN) "S"
version. No objection being heard, it was ADOPTED.
On request by Senator Rieger, Mr. Skidmore began to go
through the bill section by section. Mr. Skidmore then
asked Jack Chenoweth, attorney, Legislative Legal Counsel,
Legislative Affairs Agency, to join them at the table. At
this time Mr. Chenoweth spoke to the sections beginning with
Section 4.
End SFC-93 #85, Side 1
Begin SFC-93 #85, Side 2
In answer to Senator Rieger, Mr. Chenoweth said that a
hearing was required to remove a tenant from a property.
Discussion continued regarding tenant/landlord procedures
and time constraints.
In regard to the nuisance abatement provisions designed
after a law from California, Co-chair Pearce asked if
illegal gaming could be added to Section 8. Representative
James said that she had no problem with it.
SENATOR RIEGER asked about immediate eviction in the case of
substantial damage. He did not support the idea that a
landlord with a large security damage had to wait for more
damage to be done before he could evict the tenant, and
proposed removing that provision.
Mr. Skidmore said, in answer to Senator Rieger, that SCSCSHB
222(FIN) work draft "V" removed Section 6, removing court
rule changes that address continuances mandated by a
mediation clause.
Discussion followed by Mr. Chenoweth and Senator Rieger
regarding Section 8, illegal acts and nuisance abatement.
It was explained that neighbors can come to the court and
ask that certain activities be stopped on a specific
premises without action being taken by an unconcerned
landlord.
Co-chair Frank MOVED for adoption of SCSCSHB 222(FIN) work
draft "V". No objection being heard, it was ADOPTED.
Co-chair Frank MOVED for adoption of conceptual amendment 1
adding illegal gaming to Section 8. Senator Rieger
suggested the addition of the word "commercial" to illegal
gaming so individuals having a private poker party would not
be effected. No objection being heard, amendment 1 was
ADOPTED. Later, Mr. Skidmore asked for clarification of
where illegal gaming would be added to the bill.
Senator Rieger MOVED amendment 2, on page 13, lines 16-17,
deleting all language after $400. No objection being heard,
amendment 2 was ADOPTED.
End SFC-93 #85, Side 2
Begin SFC-93 #87, Side 1
SENATOR SHARP MOVED amendment 3 requested by Senator Leman.
Extensive discussion was had by Senators Leman, Rieger,
Jacko, and Mr. Chenoweth regarding the landlord's refusal to
rent to unmarried persons according to religious beliefs.
Senator Rieger OBJECTED to the amendment. Co-chair Pearce
called for a show of hands and the motion FAILED on a vote
of 2 to 3 (Co-chair Pearce and Senator Sharp were in favor,
Co-chair Frank, Senators Rieger, and Jacko were opposed).
Co-chair Frank MOVED for passage of SCSCSHB 222(FIN) work
draft "V" as amended. Senator Jacko OBJECTED. Co-chair
Pearce called for a show of hands and the bill was REPORTED
out of committee with a "do pass," on a vote of 4 to 1 (Co-
chairs Pearce, Frank, Senators Rieger and Sharp were in
favor, Senator Jacko was opposed), and with a zero fiscal
note for the Department of Safety and a fiscal note for the
Department of Law for $10.0. Co-chairs Pearce and Frank,
Senators Rieger and Sharp signed "do pass." Senator Jacko
signed "do not pass."
Recess 2:45pm
Reconvene 3:00pm
SENATE CS FOR CS FOR HOUSE BILL NO. 351(STA):
An Act relating to permits for the carrying of a
concealed handgun; providing for local option elections
in municipalities and established villages to prohibit
the possession of a concealed handgun under a permit;
and relating to the possession of weapons; and
providing for an effective date.
Co-chair Pearce announced that HB 351 was before the
committee and invited testimony to the bill.
SHERRIE GOLL, lobbyist, Alaska Women's Lobby and KIDPAC,
testified in opposition to HB 351. She did not believe that
this bill would make life safer for women. Instead, she
felt more guns would mean more accidents and tragedies.
Almost all people murdered were killed by someone they knew.
Studies showed that 75 percent of justifiable homicides
occur in the home where handguns for protection were already
permitted. FBI statistics show that even police officers
who receive hundreds of hours of training, still kill
themselves with their own weapons. She believed that women
would be better served by training in a martial art that
could not be taken and used against her. She also asked
that a provision be added to the bill that if a permitted
gun was used in a domestic violence assault case, that
permit would be revoked. She also pointed out the poor
example parents, who carried guns, were giving to children.
Ms. Goll urged, if HB 351 would pass, that strict safety
measures be added to the legislation. She added, that if
having more guns on the streets made us a safer nation, we
should be the safest nation in the world.
JANE ANDRENE, Executive Director, Council on Domestic
Violence and Sexual Assault, testified in opposition to HB
351. She said this bill was being presented as a way to
deter crime but a significant portion of the crime in Alaska
were crimes of domestic violence and sexual assault. In
crimes of sexual assault, 85 percent of the offenders were
known to the victims and happened where the victim would not
have access to a concealed weapon or be able to access the
weapon quickly enough. A significant and realistic fear of
many victims of family violence was that the partner or
spouse had access to and was skilled at using firearms.
Many times the threat of using them was made repeatedly
toward the victim. If alcohol or stress was added to these
situations, the possibility of lethality escalated in family
violence. She also pointed out that domestic violence and
sexual assault workers would also be threatened. She said
carrying weapons openly would reduce the potential for
violent crimes.
JOHN GEORGE, for the Outdoor Council, said the safest weapon
on the street was carried by someone who was trained and
this bill provided for training. He felt those that went
through the training, submitted to fingerprinting,
photographing, and paid a fee, were going to be safe gun
carriers. He urged support for HB 351. In answer to
Senator Rieger, he said that strapping on a six gun would
give a wild west approach. He said this bill targeted a
person who would like to walk softly and carry a big stick.
Co-chair Frank MOVED for passage of SCSCSHB 351(STA) from
committee with individual recommendations. No objection
being heard, it was REPORTED out of committee with a "do
pass," a zero fiscal note for the Department of Law, a
fiscal note for the Officer of the Governor for $2.44, and a
fiscal note for the Department of Safety for $1,351.8
showing a revenue of $(1,842.7). Co-chairs Pearce and
Frank, Senators Sharp and Kelly signed a "do pass." Senator
Rieger signed "no recommendation."
CS FOR HOUSE BILL NO. 231(FIN):
An Act relating to when previous conduct constituting a
sexual offense may be used as an aggravating factor at
sentencing.
Co-chair Pearce announced that HB 231 was before the
committee. She invited George Dozier, aide to
Representative Kott, sponsor of HB 231.
GEORGE DOZIER said the Alaska Sentencing Commission in 1991
recommended adding an aggravator factor into the law. In a
report, it indicated that sex crimes, because of their
repetitive nature, constituted a danger to the public and
that individuals that were incarcerated after being
convicted of those types of crimes needed additional time of
incarceration.
The legislature did add this to the law but one situation
was omitted and that was when an individual was before the
court for presumptive felony sentencing for sexual abuse of
a minor and that individual had previously committed sexual
assault against an adult. HB 231 covers that overlooked
provision.
Discussion was had by Co-chair Pearce and Mr. Dozier
regarding the fiscal notes. She said the committee had not
received a fiscal note from the Department of Corrections.
Jane Andrene, Executive Director, Council on Domestic
Violence and Sexual Assault, testified in support of HB 231.
She said that it made a strong statement that sexual assault
was not acceptable.
Senator Sharp MOVED for passage of CSHB 231(FIN) from
committee with individual recommendations. No objection
being heard, it was REPORTED out of committee with a "do
pass," and zero fiscal notes from the Departments of Law,
Administration (OPA, and PDA), Public Safety, and
Corrections. Co-chairs Pearce and Frank, Senators Sharp and
Kelly signed "do pass." Senators Rieger and Jacko signed
"no recommendation."
(See minutes of May 5, 1994 for further action on HB 231.)
CS FOR SENATE BILL NO. 378(STA):
An Act relating to permanent fund dividend program
notice requirements, to the ineligibility for dividends
of individuals convicted of felonies or incarcerated
for misdemeanors, and to the determination of the
number and identity of certain ineligible individuals;
and providing for an effective date.
Co-chair Pearce announced that SB 378 was before the
committee and asked Co-chair Frank to speak to it.
Co-chair Frank said that SB 378 was the same as the
amendment that was added to HB 392, Representative Parnell's
bill. Since there was objection to that amendment, Co-chair
Frank would prefer to move this bill and not jeopardize
passage of HB 392.
Co-chair Pearce noted that Thomas Williams, Director,
Permanent Fund Dividend Division, Department to Revenue, was
available for questions.
Co-chair Frank MOVED for passage of CSSB 378(FIN) from
committee with individual recommendations. Co-chair Frank
REMOVED his motion to MOVE the bill and Co-chair Pearce
asked Mr. Williams to speak.
Mr. Williams said that CSSB 378(STA) needed to be amended to
have two year funding available for FY95. He also wanted
the committee to know about the Department's concern that
this legislation would reduce a number of dividends
available for attachment by agencies, such as the child
support enforcement agency.
Co-chair Frank MOVED amendment 1. No objection being heard,
amendment 1 was ADOPTED.
Co-chair Frank MOVED for passage of CSSB 378(FIN) from
committee with individual recommendations. No objection
being heard, CSSB 378(FIN) was REPORTED out of committee
with a "do pass," and zero fiscal notes for the Departments
of Corrections, Revenue, and an undetermined fiscal note for
the Alaska Court System. Co-chairs Pearce and Frank,
Senators Kelly, Rieger, and Sharp signed "do pass."
CS FOR HOUSE BILL NO. 498(FIN):
An Act providing for exploration incentive credits for
activities involving locatable and leasable minerals
and coal deposits on certain land in the state; and
providing for an effective date.
Co-chair Pearce announced that HB 498 was before the
committee. She also reminded the committee that amendments
1, 2, and 3 had been adopted, and amendments 4, 5, and 6 had
been held in a previous meeting.
Co-chair Pearce invited Gerald L. Gallagher, Director,
Division of Mining, Department of Natural Resources; Larry
E. Meyers, Director, Income and Excise Audit, Department of
Revenue; and Larry LaBolle, aide to Representative Larry
Foster, sponsor of HB 498, to join the members at the table.
Senator Kelly MOVED amendment 4. In answer to Co-chair
Frank, Mr. Gallagher said the department would not have a
problem with amendment 4. No objection being heard,
amendment 4 was ADOPTED.
Senator Kelly MOVED amendment 5. No objection being heard,
amendment 5 was ADOPTED. Senator Kelly noted that Senator
Kerttula's amendment 1 would need to fit with amendment 5.
Co-chair Frank MOVED amendment 6. Mr. Meyers spoke to the
amendment in regard to the fiscal note. He agreed that the
department would provide a new fiscal note. No objection
being heard, amendment 6 was ADOPTED.
Co-chair Frank MOVED for passage of SCSCSHB 498(FIN) from
committee with individual recommendations. No objection
being heard, SCSCSHB 498(FIN) was REPORTED out of committee
with a "do pass," and a zero fiscal note from the Department
of Revenue. Co-chairs Pearce and Frank, Senators Kelly and
Sharp signed a "do pass." Senator Rieger signed a "no
recommendation."
ADJOURNMENT
The meeting was recessed at approximately 3:15 p.m.
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