04/04/2016 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SJR12 | |
| SB164 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | SJR 12 | TELECONFERENCED | |
| + | SB 164 | TELECONFERENCED | |
| + | SB 108 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
April 4, 2016
1:33 p.m.
MEMBERS PRESENT
Senator Lesil McGuire, Chair
Senator John Coghill, Vice Chair
Senator Mia Costello
Senator Peter Micciche
Senator Bill Wielechowski
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE JOINT RESOLUTION NO. 12
Proposing amendments to the Constitution of the State of Alaska
relating to the office of attorney general.
- HEARD & HELD
SENATE BILL NO. 164
"An Act relating to sport fishing, hunting, or trapping
licenses, tags, or permits; relating to penalties for certain
sport fishing, hunting, and trapping license violations;
relating to restrictions on the issuance of sport fishing,
hunting, and trapping licenses; creating violations and amending
fines and restitution for certain fish and game offenses;
relating to commercial fishing violations; allowing lost federal
matching funds from the Pittman - Robertson, Dingell -
Johnson/Wallop - Breaux programs to be included in an order of
restitution; adding a definition of 'electronic form'; amending
Rule 5(a)(4), Alaska Rules of Minor Offense Procedure; and
providing for an effective date."
- HEARD & HELD
SENATE BILL NO. 108
"An Act repealing and reenacting the Alaska Securities Act,
including provisions relating to exempt securities and
transactions; relating to registration of securities, firms, and
agents that offer or sell securities and investment advice;
relating to administrative, civil, and criminal enforcement
provisions, including restitution and civil penalties for
violations; allowing certain civil penalties to be used for an
investor training fund; establishing increased civil penalties
for harming older Alaskans; retaining provisions concerning
corporations organized under the Alaska Native Claims Settlement
Act; amending Rules 4, 5, 54, 65, and 90, Alaska Rules of Civil
Procedure; and providing for an effective date."
- SCHEDULED BUT NOT HEARD
PREVIOUS COMMITTEE ACTION
BILL: SJR 12
SHORT TITLE: CONST. AM: ELECTED ATTORNEY GENERAL
SPONSOR(s): SENATOR(s) STOLTZE
02/06/15 (S) READ THE FIRST TIME - REFERRALS
02/06/15 (S) STA, JUD, FIN
03/03/15 (S) STA AT 9:00 AM BUTROVICH 205
03/03/15 (S) Heard & Held
03/03/15 (S) MINUTE (STA)
03/29/16 (S) STA AT 9:00 AM BUTROVICH 205
03/29/16 (S) Moved SJR 12 Out of Committee
03/29/16 (S) MINUTE (STA)
03/30/16 (S) STA RPT 4DP 1NR
03/30/16 (S) DP: STOLTZE, COGHILL, HUGGINS, MCGUIRE
03/30/16 (S) NR: WIELECHOWSKI
04/04/16 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 164
SHORT TITLE: FISH & GAME: OFFENSES; LICENSES; PENALTIES
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/29/16 (S) READ THE FIRST TIME - REFERRALS
01/29/16 (S) RES, JUD
02/22/16 (S) RES AT 3:30 PM BUTROVICH 205
02/22/16 (S) Heard & Held
02/22/16 (S) MINUTE (RES)
03/04/16 (S) RES AT 3:30 PM BUTROVICH 205
03/04/16 (S) Moved SB 164 Out of Committee
03/04/16 (S) MINUTE (RES)
03/07/16 (S) RES RPT 1DP 1NR 3AM
03/07/16 (S) DP: GIESSEL
03/07/16 (S) NR: WIELECHOWSKI
03/07/16 (S) AM: COSTELLO, COGHILL, and MICCICHE
04/04/16 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
SENATOR BILL STOLTZE
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SJR 12.
LAURA BONNER, representing herself
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to SJR 12.
KEVIN BROOKS, Deputy Commissioner
Alaska Department of Fish and Game (ADF&G)
Juneau, Alaska
POSITION STATEMENT: Introduced SB 164 on behalf of the
administration.
MAJOR BERNARD CHASTAIN, Deputy Director
Alaska Wildlife Troopers
Department of Public Safety (DPS)
Anchorage, Alaska
POSITION STATEMENT: Provided information related to SB 164.
AARON PETERSON, Assistant District Attorney
Criminal Division
Department of Law
Anchorage, Alaska
POSITION STATEMENT: Provided supporting information related to
SB 164.
ACTION NARRATIVE
1:33:04 PM
CHAIR LESIL MCGUIRE called the Senate Judiciary Standing
Committee meeting to order at 1:33 p.m. Present at the call to
order were Senators Costello, Coghill, Wielechowski, and Chair
McGuire. She reviewed the agenda.
SJR 12-CONST. AM: ELECTED ATTORNEY GENERAL
1:33:54 PM
CHAIR MCGUIRE announced the consideration of SJR 12. She asked
Senator Stoltze to introduce his legislation.
1:34:07 PM
SENATOR BILL STOLTZE, Alaska State Legislature, Juneau, Alaska,
sponsor of SJR 12, said this legislation is based on the belief
that the attorney general should be an elected position. The
office should serve the people of Alaska, not a body politic. He
clarified this is not a reflection on any past, present, or
future attorney general. It is a systemic change he believes the
people will embrace, given the opportunity to vote on it in a
general election. He noted that three members heard this bill
very recently in the Senate State Affairs Committee.
SENATOR STOLTZE said he agrees with former Governor William Egan
who said during the Constitutional Convention: "I'm in favor of
a strong executive branch of government in order that the people
might ever be able to place the finger of responsibility without
buck passing. One office, I feel, should most certainly remain
elective is that of the state attorney general. It would seem to
me that this would provide a safeguard against a strong chief
executive usurping the powers of the office."
SENATOR STOLTZE opined that the constitution is good but would
be stronger and the people better served if the chief law
enforcement officer works for the people. It is within the
governor's power to obtain his/her own legal advice and
representation. He said that is an opinion he believes is shared
by many. He summarized that SJR 12 calls for amending the
Constitution of the State of Alaska to make the attorney general
an elected position. This would need to go before the voters in
a general election and he believes a majority would support it.
1:44:04 PM
CHAIR MCGUIRE noted the chart in the packets showing current
governors and the method of selecting their attorney general.
She highlighted that just seven states have an attorney general
that is not elected by the people. She noted that in six of
seven instances the governor and the attorney general are of the
same party. Alaska is the exception. She opined that is no
accident which indicates that the office is already politicized.
She agreed with the sponsor that the governor has the power to
obtain his/her own legal counsel. She expressed concern that, at
some point, there will not be enough ethical space between the
two offices.
She expressed her desire to move the bill today.
1:47:43 PM
SENATOR COSTELLO asked the sponsor to discuss the concerns that
have been raised.
SENATOR STOLTZE said some of the comments have been: if the
constitution isn't broken don't fix it, the constitution is a
perfect document, and it would politicize the process. He said
he believes he has responded to those concerns, but he can't
respond to the philosophical concerns.
SENATOR COSTELLO asked if he sees any problem associated with
the attorney general trying to raise money for an election at
the same time people are trying to influence the outcome of a
particular issue.
SENATOR STOLTZE said he thinks there already is a political
process at work under the current system. He commented on
previous attorneys general, some of whom he believes were
outstanding.
SENATOR COSTELLO asked, of the states that have an elected
attorney general, was that process in place at the time of
statehood.
SENATOR STOLTZE said he doesn't recall, but the history is
primarily elected offices in the U.S.
1:51:48 PM
SENATOR COSTELLO asked if he would prefer the attorney general
to be elected if he were governor.
SENATOR STOLTZE answered yes.
1:52:43 PM
SENATOR WIELECHOWSKI asked if the attorney general should be a
nonpartisan position.
SENATOR STOLTZE replied it's a policy consideration. He added
that in the past he's proposed making the person ineligible to
run for a statewide office for a few years after serving.
SENATOR COSTELLO asked if the attorney general currently takes
an oath.
SENATOR STOLTZE replied all cabinet positions take an oath, but
they also have strong cannons of ethics for serving their
clients. He assumes the constitutional oath is the overriding
one, but he doesn't know.
CHAIR MCGUIRE assumed that an elected attorney general would be
subject to the Executive Ethics Act.
1:54:51 PM
SENATOR COGHILL opined there probably would be diminishing
authority for the governor if the attorney general were elected.
He encouraged the members to read Federalist Number 10 as a
reminder that faction is a danger. He asked the sponsor how he
contemplates the people's attorney on the administration of law.
SENATOR STOLTZE pointed out that the attorney general's office
has been reticent to put out legal written opinions on the crime
bill, and he believes that is a responsibility of the Department
of Law. He opined that if the attorney general were elected,
they would have open public discussions. In the area of consumer
protection he believes an elected attorney general would be a
more vigorous advocate. An elected office removes the temptation
to protect the governor first and perhaps overlook indiscretion.
He also mentioned initiatives that the Department of Law doesn't
get involved in even though there is a strong public interest to
investigate.
SENATOR COGHILL offered his belief that the attorney general has
become the governor's attorney which strengthens the governor's
power.
SENATOR STOLTZE added that one attorney general opinion can
accomplish something that takes the legislature many steps.
That's a strong power for the governor's "legal handmaiden," he
said.
SENATOR COGHILL said that point was argued in the Constitutional
Convention and the attorney general's opinion has become ex post
facto law.
2:01:33 PM
SENATOR WIELECHOWSKI asked if he envisions this position
residing in the executive branch and sitting in on cabinet
meetings. He commented that this seems to set up another branch
of government.
SENATOR STOLTZE said it creates a third constitutional officer
and whether or not the person is invited into the cabinet
meetings will be up to the governor. He said he wouldn't call it
another branch of government any more than the lieutenant
governor is identified as such.
SENATOR WIELECHOWSKI asked if he envisions both the governor and
the attorney general being able to file suits if they disagree
on a legal matter.
SENATOR STOLTZE said the attorney general would be the chief law
enforcement officer but it doesn't diminish the governor's legal
ability. He would, however, need to use his own attorney or seek
outside counsel. He advised that many of these questions will be
resolved through enabling statutes.
2:04:53 PM
SENATOR MICCICHE joined the meeting.
SENATOR WIELECHOWSKI asked if he envisions an additional fiscal
note because it seems that there would be a substantial cost.
SENATOR STOLTZE replied the division has said it will absorb the
cost of a constitutional amendment. He can envision additional
costs but it's difficult to foresee what they would be. It would
depend on the governor and the counsel he desires.
SENATOR WIELECHOWSKI reviewed the requirements and questioned
whether there should be a requirement for some experience as an
attorney before becoming attorney general.
SENATOR STOLTZE replied those are virtually the same
requirements as for other constitutional officers, except for
the requirement to be a member of the Alaska Bar. He opined that
the voters will look at the qualifications.
CHAIR MCGUIRE asked the circumstances that Hollis French did not
meet the requirements.
SENATOR STOLTZE said the Judicial Council ruled him ineligible
because he had not been out of state legislative service for a
year.
SENATOR WIELECHOWSKI added that he let his law license go
inactive and the Judicial Council ruled he had to have been
actively practicing law for a year prior to application.
SENATOR STOLTZE said the people should be able to make the
decision about qualifications.
2:10:06 PM
SENATOR COGHILL commented on the current vetting process that
gives deference to the governor to the extent possible. With an
elected position, the vetting would be with the people and thus
much broader.
SENATOR MICCICHE asked how many states elect their attorney
general and how many states have an appointment process.
SENATOR STOLTZE said 43 states elect their attorney general, 2
have an alternative selection process, and 5 states have an
attorney general appointed by the chief executive.
CHAIR MCGUIRE asked if there were any amendments.
2:12:41 PM
SENATOR WIELECHOWSKI moved Conceptual Amendment 1 to elect the
attorney general through a nonpartisan election.
SENATOR COGHILL objected. He opined that a nonpartisan election
won't take the philosophical discussion out of the debate. He
said it's appropriate to give people the opportunity to identify
with a particular group, just as other constitutional officers
do. He added that it is important to have an alignment of
interests.
SENATOR WIELECHOWSKI said he believes people are tired of party
politics and everything possible should be done to remove party
politics from elections. Should this pass, this is an
opportunity to create a new position in the constitution that
isn't affiliated with a political party. "If the idea is to make
this less political, let's make it less political by having it a
nonpartisan position. That makes common sense," he said.
SENATOR COGHILL clarified that he did not say party; he said you
could pick the label you want to run under.
SENATOR MICCICHE asked Senator Wielechowski his vision of a
nonpartisan election.
SENATOR WIELECHOWSKI said there would be no primary; anyone who
wanted to run would automatically go on the general election
ballot and individuals wouldn't be identified by political
party. This would give the voters an opportunity to discover
what the individuals intend to do if elected. It's a powerful
position and shouldn't be based on a political party.
SENATOR MICCICHE expressed agreement with the idea of a
nonpartisan election and concern about the mechanics of
accomplishing it.
2:18:04 PM
At ease
2:20:15 PM
CHAIR MCGUIRE reconvened the meeting and recapped the discussion
on Conceptual Amendment 1 for SJR 12.
SENATOR COGHILL requested the amendment in writing.
SENATOR STOLTZE concurred.
CHAIR MCGUIRE asked Senator Wielechowski if he would withdraw
the amendment.
2:21:21 PM
SENATOR WIELECHOWSKI withdrew Amendment 1.
2:21:36 PM
LAURA BONNER, representing herself, testified in opposition to
SJR 12. She said Alaskans already have a voice; they elect the
governor who appoints the attorney general. Alaskans also have
the opportunity to contact legislators during the confirmation
process if they don't agree with the governor's appointment. She
opined that it was the intent of the delegates of the
Constitutional Convention that the attorney general would be the
governor's counsel and therefore compatible with the governor.
She questioned what branch of government the attorney general
would belong to and how would he/she be removed if needed.
2:24:15 PM
CHAIR MCGUIRE held SJR 12 in committee.
SB 164-FISH & GAME: OFFENSES; LICENSES; PENALTIES
2:24:28 PM
CHAIR MCGUIRE announced the consideration of SB 164.
2:24:30 PM
SENATOR COGHILL moved to adopt the CS for SB 164, labeled 29-
GS2958\H, as the working document.
CHAIR MCGUIRE announced that without objection, version H is
before the committee.
2:25:01 PM
KEVIN BROOKS, Deputy Commissioner, Alaska Department of Fish and
Game (ADF&G), noted that the four members present heard SB 164
in the Senate Resources Committee. He explained that the purpose
of the legislation is to provide Alaska Wildlife Troopers with
the authority to issue correctable citations. The bill would
prohibit a person from receiving a sport fishing, hunting, or
trapping license in Alaska if their privileges had been
suspended or revoked in another state. The bill also increases
restitution for animals harvested illegally, standardizes
penalties for offenses, and provides an additional tool for
Alaska Wildlife Troopers to charge some wildlife, fisheries, and
habitat offenses as violations. Finally, the bill also allows
the display of a license in an electronic format.
He reviewed the following changes between the original, version
A, and the current, version H, for SB 164:
1) Page 1, line 5 adds a semicolon to the title
creating an exemption from payment of restitution for
certain unlawful takings of big game animals.
2) Page 2, section 3, line 21 removes the words "tag
or permit" from an item that can be correctable, and
removes reference to the Court. An individual can
correct a violation at a Department of Public Safety
office.
3) Page 5, section 17, line 6 adds language "and c of
this section" to address changes in section 18 of this
bill.
4) Page 5, section 17 lines 14-25 changes restitution
amounts that the court may apply if the court feels it
is appropriate. These increases represent the value of
the illegally taken resource to the citizens of
Alaska.
5) Page 5, line 26 deleted section 17 of the original
bill which was redundant with section 15 of the
original bill.
6) Page 5, section 18, lines 26-31 creates a new
section that provides that a court may not order
restitution under section 17 of this bill in a case
where a defendant voluntarily turns themselves in and
is charged with a violation offence. It also provides
that a person must voluntarily and immediately report
to ADFG or DPS a violation that they committed to
qualify for this affirmative defense.
7) Page 6, section 24, line 21-22 was a drafting error
that was corrected to reflect the correct statute
number.
8) Page 7, line 7, delete section 27 of the original
bill related to Court Rule 5(a)(4).
2:27:53 PM
VICE CHAIR COGHILL asked Major Chastain if he had anything to
add related to the changes in version H.
2:28:08 PM
MAJOR BERNARD CHASTAIN, Deputy Director, Alaska Wildlife
Troopers, Department of Public Safety (DPS), said the
substantive changes occur in Section 18. He offered to address
those issues and discuss the goal of adding that language.
VICE CHAIR COGHILL asked him to discuss the new language in
Section 18, the idea of Court Rule 5(a)(4) for correctable
citations going directly to DPS, and how the fines will be
implemented.
MAJOR CHASTAIN explained that Sections 1 and 3 provide that a
trooper or law enforcement officer who is charged specifically
with enforcing fish and game laws regarding licenses may issue
an official correctable citation in instances where a person
forgot their license in their vehicle or at home. They will then
have 30 days to bring their license to any office of the issuing
agency to show proof of licensure. The citation is corrected and
is not part of the person's record.
Section 18 relates to self-report violations. It adds language
that states the person must voluntarily and immediately report
the taking to the department and surrender all salvaged portions
of the animal. In those instances, the court is prohibited from
applying the restitution amounts listed in Section 17. The
individual is only fined for the offense.
2:33:15 PM
SENATOR WIELECHOWSKI returned to Section 3 and asked if a person
who received a citation can mail or email proof of their
licensure.
MAJOR CHASTAIN replied the process in place for all correctable
citations is that the individual must bring the citation in
person to any office of the arresting or citing agency.
SENATOR WIELECHOWSKI commented that this likely will be
burdensome for some people living in rural Alaska. He asked if
it would be "a big deal" to allow the individual to mail or
email the proof.
MAJOR CHASTAIN said the current process requires the citation
itself to be officially stamped; that tells the court that the
citation has been officially corrected and to pursue no action.
SENATOR WIELECHOWSKI wondered if there couldn't be a way to use
technology to make the process less burdensome. He asked the
administration to take another look to see if that isn't
possible.
MAJOR CHASTAIN said there is likely a way for all correctable
citations to be addressed either through the mail or an
electronic check-off, but that process isn't in place at this
point.
2:36:34 PM
SENATOR MICCICHE directed attention to page 2, line 3, and
recalled discussion in the previous committee was that the
reference in paragraph (1) would be sport of personal use
fishing. Version H only references sport fishing.
MAJOR CHASTAIN said personal use isn't included in that section.
As previously discussed, a personal use permit must be in the
individual's possession at the time of the take. There are also
recording requirements on the permit before leaving the fishing
site. Those are separate violations and the intent was not to
make those a correctable citation.
SENATOR MICCICHE offered his understanding that Section 1 is not
about correctable citations.
MAJOR CHASTAIN explained that Section 1 is the vehicle for the
correctable citation in Section 3.
VICE CHAIR COGHILL asked if Section 18 can be implemented with
the existing language.
MAJOR CHASTAIN said DPS believes, in consultation with the
Department of Law, that the language will prohibit a judge from
imposing restitution when a person voluntarily turns him/herself
in.
SENATOR MICCICHE noted that Section 18 is about self-reporting
for game but not fish even though that was part of the
discussion in the previous committee. He questioned how the
department would handle a fisher being over the line due to an
equipment breakdown in a commercial fishery. His preference is
that the fisher would notify the department they were over the
line and harvest the fish as opposed to cutting the gear. He
noted this an area of fines rather than restitution.
MAJOR CHASTAIN said he isn't aware of a self-reported commercial
fishing violation other than when someone calls to report a
mechanical failure. In those situations, the fisherman is
treated as fairly as possible. There is no restitution for
commercial fishing in this area but if the fish are caught
illegally they're sold and the proceeds are held in an account
pending the disposition from the court.
SENATOR MICCICHE asked why sport fishing and commercial fishing
aren't included under Section 18. He clarified that for
commercial fishing he is only talking about a first offense.
MAJOR CHASTAIN said the short answer is that there are no
restitution amounts in sport fishing or commercial fishing. In a
typical case of being over the limit in sport fishing, the bail
schedule provides a flat fine for the offense and an additional
amount for each fish taken illegally.
SENATOR MICCICHE commented on the importance of encouraging the
best behavior.
MAJOR CHASTAIN said this could be more clear, but he didn't
doesn't know how that would look.
2:47:38 PM
SENATOR WIELECHOWSKI asked if the salvaged portions of the
animal discussed in Section 18 include bear paws and bear gall
bladders.
MAJOR CHASTAIN replied it is all parts of the animal and if an
investigation indicated the parts were being sold, the
individual would not be immune from restitution.
SENATOR WIELECHOWSKI asked if there is a problem in Alaska with
trafficking animal parts, because he isn't sure the language
provides adequate protection from that.
MAJOR CHASTAIN said other areas of regulation and statute
require salvage of all game meat and applicable parts, and he
feels very comfortable that together they provide adequate
protection. With regard to trafficking bear parts, he said the
problem isn't as bad as it was in the 1990s.
2:50:43 PM
SENATOR MICCICHE mentioned the 50-inch challenge and expressed
concern that Section 18 doesn't impose a first-time or once-in-
five-years limit. Without that, it eliminates the incentive for
a hunter to be extra careful.
MAJOR CHASTAIN agreed that there was a lot of discussion about
that issue in particular, and it came down to giving the
troopers or the citing agency flexibility in charging because
every situation is different. He explained that violation
offenses are typically charged on a first time occurrence only,
but it's at the discretion of the district attorney's office or
the charging agency because there are many reasons a first
offense shouldn't be charged as a violation. One example is a
call or multiple calls from people who are watching a violation
occur. That scenario is a call for service meaning that the
troopers would investigate and make a determination about
whether or not the person intended to turn him/herself in. The
language is vague to allow the needed flexibility.
SENATOR MICCICHE read the language in Section 17 on page 5, line
12, and in Section 18 on page 5, line 27, and asked if there is
another way to charge the illegal taking of an animal other than
a violation.
MAJOR CHASTAIN explained that all these crimes default to a
misdemeanor offense; 5 AAC 92 and associated regulations provide
the ability to charge those crimes as violations. Whenever
someone self-reports, they are charged with a violation offense
instead of a misdemeanor. That fine is $500. The language on
page 5, line 12, comes from the part of statute dealing with
misdemeanor offenses so the court may order up to the amounts
listed on page 5, lines 14-25, in restitution for misdemeanor
offenses. Section 18 says that when the offense is charged as a
violation, the court cannot impose restitution.
SENATOR WIELECHOWSKI said he shares Senator Micciche's concern
with Section 18 because he reads the language as mandatory, not
discretionary. Should the bill pass as currently drafted,
individuals who are now being extremely careful may decide to
take a change because they'll get a free shot if they self-
report. The language "voluntarily and immediately reported" is
also concerning because that could be days later depending on
how remote the hunting location happens to be. He pointed out
that someone could wait until they were close to their house and
then decide not to report after all and instead opt to keep that
undersized moose.
MAJOR CHASTAIN said it's important to remember that the charging
agency and the district attorney's office have the discretion to
decide when to charge as a violation. He deferred further
comment to Mr. Peterson.
2:57:30 PM
AARON PETERSON, Assistant District Attorney, Criminal Division,
Department of Law, Anchorage, Alaska, said Section 18 is talking
about a case where a person voluntarily turns him/herself in and
the court being unable to issue an order to pay restitution.
However, if it's somebody who does this year after year or for
other reasons the Department of Law decided to treat it as a
misdemeanor, the potential fine is $10,000 per offense and loss
of hunting privileges for an extended period of time. These
penalties are much more substantial than restitution, although
restitution is important as evidenced by the numbers listed in
Section 17. To zero in on that alone misses the greater point
that somebody who decides to shoot a 30-inch moose and claim
they thought it was 50 inches, isn't going to get off. The
Department of Law takes this seriously and when an offense needs
to be treated as a misdemeanor it is.
MR. PETERSON pointed out that while the language "voluntarily
and immediately" is somewhat subjective, it is one of the many
places in criminal law where a determination has to be made.
SENATOR WIELECHOWSKI commented that he has a long-standing
concern about leaving too much discretion to prosecutors; that's
the job of the legislature.
SENATOR MICCICHE expressed increased satisfaction as a result of
the discussion. He summarized his understanding that the
prosecutor would be more likely to charge with a misdemeanor and
require restitution on a subsequent offense.
MAJOR CHASTAIN agreed with the summary and advised that it is
rare for a person who self-reports to violate a second time.
SENATOR MICCICHE said he's ready to let go of his concern about
the subjective use of prosecution with assurance that the
department "has been fairly pure in the prosecution of these
cases." He asked Major Chastain what his experience has been.
MAJOR CHASTAIN confirmed that the Wildlife Troopers statewide
work very closely with the district attorney offices. DPS has
policies and procedures in place and the troopers are well
informed on how to follow those policies and charge
appropriately with the district attorney's assistance.
3:04:59 PM
MR. BROOKS informed the committee that the restitution amounts
have been raised 50 percent and the companion bill in the House
raises some of those higher yet. The House Resources committee
thought the amounts ought to be higher to reflect the value of
the animals.
3:05:44 PM
CHAIR MCGUIRE stated she would hold SB 164 in committee.
She noted that SB 108 would be heard on Wednesday under "Bills
Previously Heard/Scheduled."
3:06:03 PM
There being no further business to come before the committee,
Chair McGuire adjourned the Senate Judiciary Standing Committee
meeting at 3:06 p.m.