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.