Legislature(1997 - 1998)
04/28/1997 01:50 PM Senate JUD
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SENATE JUDICIARY COMMITTEE
April 28, 1997
1:50 p.m.
MEMBERS PRESENT
Senator Robin Taylor, Chair
Senator Sean Parnell
Senator Johnny Ellis
MEMBERS ABSENT
Senator Drue Pearce, Vice-chair
Senator Mike Miller
COMMITTEE CALENDAR
CS FOR HOUSE BILL NO. 115(JUD) am
"An Act making corrective amendments to the Alaska Statutes as
recommended by the revisor of statutes; and providing for an
effective date."
- MOVED CSHB 115(JUD) am OUT OF COMMITTEE
SENATE BILL NO. 25
"An Act relating to authorizing the Department of Corrections to
provide an automated victim notification and prisoner information
system."
- MOVED SB 25 OUT OF COMMITTEE
SENATE BILL NO. 26
"An Act making a special appropriation for an automated victim
notification system; and providing for an effective date."
- MOVED SB 26 OUT OF COMMITTEE
SENATE JOINT RESOLUTION NO. 29
Proposing amendments to the Constitution of the State of Alaska
requiring that the provisions of a bill that levy new state taxes
require the affirmative vote of at least two-thirds of the
membership of each house of the legislature.
- HEARD AND HELD
PREVIOUS SENATE COMMITTEE ACTION
HB 115 - No previous Senate committee action.
SB 25 - See State Affairs minutes dated 4/24/97.
SB 26 - No previous Senate committee action.
SJR 29 - No previous Senate committee action.
WITNESS REGISTER
Pamela Finley
Revisor of Statutes
Legislative Legal and Research Services
130 Seward St.
Juneau, AK 99801-2105
POSITION STATEMENT: Testified in support of CSHB 115(JUD) am
Bruce Richards
Special Assistant
Department of Corrections
240 Main St.
Juneau, Alaska 99801
POSITION STATEMENT: Offered comments on SB 25
ACTION NARRATIVE
TAPE 97-32, SIDE A
HB 115 1997 REVISOR'S BILL
CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to
order at 1:50 p.m. and announced the presence of Senators Parnell
and Ellis. The first matter before the committee was CSHB
115(JUD).
PAMELA FINLEY , Revisor of Statutes for the Legal Services and
Research Agency, testified that HB 115 is a housekeeping measure
that does not contain anything she did not ask for or agree to.
The only two sections of much interest are Sections 9 and 11.
Section 9 prevents any argument that the State has waived its 11th
Amendment immunity in federal court. Section 11 puts a missing
"not" back in the Uniform Probate Code. Section 11 is also made
retroactive to the date of the probate amendments which was last
January.
SENATOR PARNELL asked about Section 29 regarding the motor vehicle
registration fees. MS. FINLEY said the only change is the
registration versus license fees and that no changes were made on
the House side.
SENATOR PARNELL asked if Section 31, pertaining to program
receipts, has been changed in the other bill as well. MS. FINLEY
answered there is another bill that deals with this same section.
She is hoping that HB 115 will pass and the other will come on top
of it, in terms of time. If that does not happen, she would give
way to the other one which makes a more substantive change.
SENATOR PARNELL asked Ms. Finley to explain Section 33. MS. FINLEY
said that several years ago a lot of the investment decisions were
tied to the standards of AS 14.25.180 which covers teachers'
retirement. Because the other retirement systems were cross-
referenced to that statute, they would all be treated the same.
The Attorney General expressed concern that the use of the term
"for investments under" could be interpreted to refer to the
teachers' retirement system only when the intent was to have all
retirement systems governed by AS 14.25.180 be covered under the
definition of "fiduciary." Section 33 clarifies that the
definition of "fiduciary" applies to the other retirement systems.
SENATOR PARNELL moved CSHB 115(JUD) from committee with individual
recommendations.
Number 079
SENATOR ELLIS , sponsor of SB 25, explained the measure would
provide for a state-of-the-art computer and phone message system
within the Department of Corrections to update the victim
notification system. SB 25 will fulfill some of the promise of the
constitutional amendment for victims' rights. The proper and
timely notification of victims of violent crime is a problem in
Alaska. About 600 Alaskans call corrections institutions daily
asking for information about the status of inmates. SB 25 will
provide a system that will notify a victim within 10 minutes of a
change of status of an inmate, and will allow for a two-way
confidential exchange of information. Ethel Barenz, prosecutors,
and others have testified in support of this legislation during
previous committee hearings. Other statewide support exists, from
organizations such as the Peace Officers' Association and Victims
for Justice. The Department of Corrections has whittled down the
fiscal note from $250,000 to $150,000.
SENATOR PARNELL suggested changing the word "may" to "shall" on
page 1, line 6, to ensure that the money is spent on this system.
SENATOR ELLIS said he was not opposed to that change but asked a
representative from the Department of Corrections to address the
question.
Number 152
CHAIRMAN TAYLOR noted the change would also be necessary on page 2,
line 10.
BRUCE RICHARDS , Special Assistant to the Commissioner of the
Department of Corrections, testified that he did not believe DOC
would be opposed to that change.
SENATOR PARNELL noted an additional change could be made on page 1,
line 8, and he commented those changes might define the scope of
the system and impact the fiscal note.
MR. RICHARDS thought the change on page 1, line 8 would firm up the
fiscal note because the project consists of two parts: the first is
the actual notification call that is generated by the computer; the
other will enable a person to call to check on the status of an
inmate. The second part will actually generate revenue because it
works similar to a 900 number. The suggested language changes on
page 1, line 8 and page 2, line 10 would require the installation
of that part of the system which the Department would favor.
SENATOR PARNELL moved the change the word "may" to "shall" on page
1, line 8, and page 2, line 10. There being no objection, the
amendment was adopted.
CHAIRMAN TAYLOR noted for the record that Ms. Ethel Barenz paid him
a visit to express support for SB 25.
SENATOR ELLIS moved SB 25 out of committee with individual
recommendations. There being no objection, the motion carried.
SB 26 APPROP: VICTIM NOTIFICATION SYSTEM
SENATOR ELLIS , sponsor of SB 26, explained the measure is a
companion appropriation bill to SB 25 however in the last committee
of referral a $150,000 fiscal note was attached to SB 25. He felt
the fiscal note to be preferable but suggested passing SB 26 to
allow the Finance Committee to decide how to deal with the fiscal
impact. CHAIRMAN TAYLOR suggested letting the Finance Committee
review both.
SENATOR ELLIS moved SB 26 from committee with individual
recommendations. There being no objection, the motion carried.
CHAIRMAN TAYLOR thanked Senator Ellis for bringing this matter to
the Legislature's attention because without it, the constitutional
amendment is fairly hollow.
SJR 29 CONST AM: SUPERMAJORITY FOR TAX LEVIES
CHAIRMAN TAYLOR announced it is not his intent to move this bill
from committee at this time, but rather to allow for testimony from
the public. He explained his purpose for introducing this
legislation is to provide the voters the ability to ratify a
constitutional amendment that would require a two-thirds vote of
the Legislature before any new state tax could be imposed.
There being no one to testify, CHAIRMAN TAYLOR adjourned the
meeting at 2:05 p.m.
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