05/01/2005 01:00 PM Senate FINANCE

                                                                                                                                
     SENATE CS FOR CS FOR HOUSE BILL NO. 132(JUD)                                                                               
     "An Act relating to certain crimes committed against the                                                                   
     elderly; 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, noted that this                                                            
bill would increase  the penalty for crimes against  the elderly for                                                            
as the population  of older citizens in the nation  and in Alaska is                                                            
increasing  so are the  crimes that target  that demographic  group.                                                            
The  purpose of  the legislation  would  be  to act  as a  deterrent                                                            
against such crimes.                                                                                                            
                                                                                                                                
Amendment #1:  This amendment inserts a new subsection  into Section                                                            
1 of the bill as follows.                                                                                                       
                                                                                                                                
     (c) In addition  to any other penalty imposed  by law, a person                                                            
     sentenced  to an increased sentence  under (a) of this  section                                                            
     for  a  crime   specified  in  (b)(9)  of  this   section  must                                                            
     immediately surrender  any business license issued by the State                                                            
     of  Alaska and  may not  obtain, possess,  or  hold a  business                                                            
     license   in  the  state  for  two  years  from   the  date  of                                                            
     sentencing.                                                                                                                
                                                                                                                                
Senator  Dyson moved  to  adopt Amendment  #1.  He noted  that  this                                                            
amendment  is being  sponsored on  behalf of Senator  Bunde who  had                                                            
introduced a companion  bill to this legislation. He also noted that                                                            
Representative  Stoltze was agreeable  to the amendment's  language.                                                            
                                                                                                                                
Mr.  Mulligan  stated  that  this amendment  would  provide  a  tool                                                            
through which  a person, such as a  handyman, who defrauds  a senior                                                            
citizen,  would loose  the right  to hold  a State  issued  business                                                            
license. Currently no such tool exists.                                                                                         
                                                                                                                                
Co-Chair  Green asked how  the age  of 65 was  determined to  be the                                                            
appropriate  age  for the  persons  to  whom  such crimes  might  be                                                            
committed.                                                                                                                      
                                                                                                                                
RANDY RUARO, Assistant  Attorney General, Legislation  & Regulations                                                            
Sections,  Department  of  Law,  noted  that  a  review  of  similar                                                            
legislation  in other states  indicated that  the age of 65  was the                                                            
most  commonly  age  specified.  The  age of  65  was  an  arbitrary                                                            
decision.                                                                                                                       
                                                                                                                                
3:44:51 PM                                                                                                                    
                                                                                                                                
Co-Chair Green  viewed the age of  65 as being very "arbitrary",  as                                                            
people in their forties could be devastated by such an "attack".                                                                
                                                                                                                                
Mr. Ruaro stressed  that as the number of seniors  has increased, it                                                            
has become  apparent that they are  being "specifically targeted  by                                                            
con artists".                                                                                                                   
                                                                                                                                
Mr. Mulligan  noted that 65-years  of age is the approximate  age at                                                            
which the majority  of people retire  and enter into a fixed  income                                                            
lifestyle.  Crimes committed against  people on fixed incomes  could                                                            
be "more significant"  than a crime  committed against someone  in a                                                            
different phase of life.                                                                                                        
                                                                                                                                
In  response  to a  question  from  Senator  Olson,  Co-Chair  Green                                                            
clarified  that the discussion  has morphed  from an explanation  of                                                            
the  amendment  to   the  age  specification.  She  emphasized   her                                                            
discomfort  with age related  legislation, as  people the age  of 65                                                            
should not be labeled as being more vulnerable.                                                                                 
                                                                                                                                
Senator Dyson  opined that the age of 65 could be  viewed as a point                                                            
at which people  "deserve much more  respect"; this bill  would just                                                            
affirm that people that age should not be "messed" with.                                                                        
                                                                                                                                
Senator  Olson  spoke  to  the  amendment   in  that  the  immediate                                                            
surrender  of a business  license  would affect  more than just  the                                                            
business  owner,  it  would  affect employees  who  depend  on  that                                                            
business.                                                                                                                       
                                                                                                                                
Senator Dyson  responded that  it would be  unfortunate to  work for                                                            
such "jerks".  The intent  of the amendment  would be to remove  the                                                            
business license related to the crime.                                                                                          
                                                                                                                                
Mr. Mulligan  affirmed that the intent  would be the elimination  of                                                            
the business license used to defraud the person.                                                                                
                                                                                                                                
Co-Chair Green asked for  clarification as to whether this amendment                                                            
could affect  a business license that  was totally unrelated  to the                                                            
crime.                                                                                                                          
                                                                                                                                
Mr. Ruaro suggested  that the amendment  language be revised  to tie                                                            
the business license removal  to that associated with the crime. The                                                            
language is "a bit broad".                                                                                                      
                                                                                                                                
Co-Chair Green objected to the amendment.                                                                                       
                                                                                                                                
Senator Dyson moved to withdraw Amendment #1.                                                                                   
                                                                                                                                
Without objection, Amendment #1 was WITHDRAWN.                                                                                  
                                                                                                                                
3:50:35 PM                                                                                                                    
                                                                                                                                
MARIE DARLIN,  Representative, AARP,  spoke in support of  the bill.                                                            
She  noted  that  while  violent  crime   receives  the  most  media                                                            
attention,  fraud   and  identity  theft  crimes  are  increasingly                                                             
targeting the  elderly, particularly individuals 65  years of age or                                                            
older. The loss of any  amount of money could be more devastating to                                                            
a retired victim living  on a low or fixed income. AARP research has                                                            
found that people  over the age of 50 are increasingly  staying home                                                            
at night  due to fear  of becoming  a crime victim.  She noted  that                                                            
AARP would  not object were the age  specified in the bill  changed.                                                            
This bill  would assist in  deterring those  who prey on the  oldest                                                            
victims,  regardless  of  whether  it was  violent  crime,  property                                                            
crime,  fraud, or  identity  thief.  Reducing crimes  against  older                                                            
persons would  assist in  restoring their  freedom and help  prevent                                                            
them from essentially becoming "prisoners" in their own home.                                                                   
                                                                                                                                
Co-Chair  Green  asked  whether Ms.  Darlin  would  anticipate  this                                                            
legislation to be a deterrent to such crime.                                                                                    
                                                                                                                                
Ms.  Darlin declared,  "yes",  the increased  penalties  would be  a                                                            
deterrent. AARP  would be conducting seminars on identity  theft and                                                            
other  scams. It  could  take years  for a  person  to recover  from                                                            
identity thief.  The seminars would  be open to people of  all ages.                                                            
                                                                                                                                
Co-Chair Green  stated that the bill  would be HELD in Committee  to                                                            
allow the amendment's language to be reworked.