2000-02-07                     House Journal                      Page 2119
HB 350                                                                       
HOUSE BILL NO. 350 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act repealing the statutory bars to the State of Alaska's                 
prosecution of a criminal act that resulted in a conviction or                 
acquittal by the United States, another state, or territory."                  
                                                                               
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    
                                                                               
The following fiscal notes apply:                                              
                                                                               
Indeterminate fiscal note, Dept. of Administration, 2/7/00                     
Zero fiscal note, Dept. of Law, 2/7/00                                         
                                                                               
The Governor's transmittal letter dated February 4, 2000, appears              
below:                                                                         

2000-02-07                     House Journal                      Page 2120
HB 350                                                                       
"Dear Speaker Porter:                                                          
                                                                               
I am transmitting a bill that would allow the State of Alaska to               
prosecute and punish an offender for a crime that has been prosecuted          
by the federal government or by another state or territory.                    
                                                                               
Since early statehood, the State of Alaska has had statutory                   
prohibitions on the state prosecuting and punishing a person, including        
a corporation, for an act that another jurisdiction has already                
prosecuted.  This policy is not based on constitutional law; the state         
and federal constitutional prohibitions against being placed twice in          
jeopardy for the same act do not prohibit separate jurisdictions from          
separately prosecuting, and punishing, the same act under different            
bodies of law.                                                                 
                                                                               
Recent events have suggested a reconsideration of this policy.  The            
federal prosecution of a cruise ship company for illegally discharging         
water polluted with oil and hazardous waste into our pristine Alaska           
waters demonstrates that the harm suffered by our state should have            
been addressed in a separate state prosecution.  This bill will allow the      
State of Alaska to prosecute an offender if a similar situation should         
arise again.                                                                   
                                                                               
I urge your prompt and favorable consideration of this bill.                   
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"