2000-02-08                     Senate Journal                      Page 2221
SB 251                                                                       
SENATE BILL NO. 251 BY THE SENATE RULES COMMITTEE                              
BY REQUEST OF THE GOVERNOR, entitled:                                          
                                                                               
An Act repealing the statutory bars to the State of                           
Alaskas 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.                                                                    
                                                                               
Indeterminate fiscal note published today from Department of                   
Administration. Zero fiscal note published today from Department of            
Law.                                                                           
                                                                               
Governors transmittal letter dated February 4:                                 
                                                                               
Dear President Pearce:                                                         
                                                                               
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;         

2000-02-08                     Senate Journal                      Page 2222
SB 251                                                                       
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