1993-02-26                     Senate Journal                      Page 0508
SB 139                                                                       
SENATE BILL NO. 139 by the Senate Rules Committee by request                   
of the Governor, entitled:                                                     
                                                                               
"An Act relating to forfeiture of certain property;                           
and providing for an effective date."                                          
                                                                               
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    
                                                                               
Zero fiscal notes published today from Department of Administration            
(2), Department of Public Safety and Department of Law.                        
                                                                               
Governor's transmittal letter dated February 26:                               
                                                                               
Dear Mr. President:                                                            
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution,          
I am transmitting a bill amending the states asset forfeiture laws to          
make them more effective.  Many of these changes are found in the              
Model Asset Seizure and Forfeiture Act (1991), prepared by the                 
American Prosecutor's Research Institute.  This bill                           
                                                                               
 --  permits forfeiture of real property, including buildings;                 
                                                                               
 --  permits tracing of drug money to allow forfeiture of any                  
property purchased with that money;                                            
                                                                               
                                                                               

1993-02-26                     Senate Journal                      Page 0509
SB 139                                                                       
 --  permits forfeiture of all dangerous instruments used by                   
a drug dealer, while existing law requires forfeiture only of firearms;        
                                                                               
 --  permits the sharing of forfeited assets between municipal                 
police departments and the state;                                              
                                                                               
 --  requires the costs of the forfeiture proceedings to be paid               
by the drug dealer;                                                            
                                                                               
 --  allows the court to forfeit other assets of the drug dealer               
if the property to be forfeited is commingled with other property, has         
been removed from the jurisdiction, or has been destroyed by the               
drug dealer;                                                                   
                                                                               
 --  gives the state a perfected priority lien on the forfeited                
property, and thus avoids the pitfalls of Fehir v. State, 739 P.2d 785       
(Alaska App. 1987), which permits unsecured creditors to claim                 
forfeited property; and                                                        
                                                                               
 --  resolves some of the procedural ambiguities in existing                   
forfeiture law noted in Badoino v. State, 785 P.2d 39 (Alaska App.           
1990).                                                                         
                                                                               
This bill is one of four that I am introducing this session to create          
tough new laws to combat drugs and violent crime.  If enacted,                 
these bills will give the state the tools it needs to prosecute serious        
criminals fairly and effectively.                                              
                                                                               
I urge your favorable action on this bill.                                     
                                                                               
Sincerely,                                                                     
     /s/                                                                       
Walter J. Hickel                                                               
Governor