05/02/2005 10:36 AM Senate FIN

                                                                                                                                
     HOUSE BILL NO. 131                                                                                                         
     "An Act increasing  the criminal classification  of theft of an                                                            
     access   device  and   of  obtaining   an   access  device   or                                                            
     identification  documents by  fraudulent means; increasing  the                                                            
     criminal classification  for certain cases of fraudulent use of                                                            
      an access device; and providing for an effective date."                                                                   
                                                                                                                                
                                                                                                                                
This  was the first  hearing  for this  bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
BEN  MULLIGAN, Staff  to  Representative  Bill Stoltze,  the  bill's                                                            
sponsor,  stated that  the  increase in  access identity  thief  has                                                            
become a nationwide  concern. Alaska is second in  the nation in the                                                            
number  of complaints  per capital  in regards to  this issue.  This                                                            
bill would increase the  criminal classification for this crime from                                                            
a Class  A misdemeanor  to  a Class  C felony  for the  theft of  an                                                            
access device, the use  of an access device, and the obtaining of an                                                            
access device by fraudulent means.                                                                                              
                                                                                                                                
1:48:51 PM                                                                                                                    
                                                                                                                                
RANDY  RURARO,  Assistant  Attorney   General,  Department  of  Law,                                                            
informed the Committee  that the Department of Law  is in support of                                                            
the bill.                                                                                                                       
                                                                                                                                
1:49:24 PM                                                                                                                    
                                                                                                                                
Co-Chair Green  asked whether the definition of an  access device is                                                            
included in the bill.                                                                                                           
                                                                                                                                
1:49:31 PM                                                                                                                    
                                                                                                                                
Mr.  Mulligan stated  that  an access  device  is defined  in  State                                                            
Statue AS 11.81.900 as follows.                                                                                                 
                                                                                                                                
     An  access  device  means  a card,  credit  card,  plate  code,                                                            
     account number,  Algorithm, or identification  number including                                                            
     a social security  number, electronic serial number or password                                                            
     that  is capable  of being used  alone or  in conjunction  with                                                            
     another  access  device or  identification  document to  obtain                                                            
     property or services  that could be used to initiate a transfer                                                            
     of property.                                                                                                               
                                                                                                                                
1:50:20 PM                                                                                                                    
                                                                                                                                
Co-Chair Green  asked whether increased  penalties for these  crimes                                                            
is occurring on a national level.                                                                                               
                                                                                                                                
1:50:28 PM                                                                                                                    
                                                                                                                                
Mr. Mulligan  replied that  numerous states  have either lowered  or                                                            
eliminated the value level  required for a felony charge relating to                                                            
the property  or services  obtained as a result  of this crime.  The                                                            
fact  that  these  crimes  have  increased  more  than  100  percent                                                            
nationwide has led to such action.                                                                                              
                                                                                                                                
1:51:00 PM                                                                                                                    
                                                                                                                                
Co-Chair  Wilken  moved  to  report the  bill  from  Committee  with                                                            
individual recommendations and accompanying fiscal notes.                                                                       
                                                                                                                                
There being  no objection, HB 131  was REPORTED from Committee  with                                                            
zero fiscal note  #1 dated February 25, 2005 from  the Department of                                                            
Corrections,  zero fiscal note #2  dated February 22, 2005  from the                                                            
Department of Law, zero  fiscal note #3 dated February 22, 2005 from                                                            
the Department  of Public Safety,  and indeterminate fiscal  note #4                                                            
dated February 22, 2005 from the Department of Administration.                                                                  
                                                                                                                                
1:51:18 PM