05/10/1999 01:38 PM House JUD

                                                                                                                                
HB 172 - OFFICE OF VICTIMS' ADVOCACY                                                                                            
                                                                                                                                
CHAIRMAN KOTT announced the next order of business is HOUSE BILL                                                                
NO. 172, "An Act establishing the office of victims' advocacy in                                                                
the Department of Law; and amending Rule 16, Alaska Rules of                                                                    
Criminal Procedure, Rule 9, Alaska Delinquency Rules, and Rule 501,                                                             
Alaska Rules of Evidence."                                                                                                      
                                                                                                                                
Number 1697                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT stated, as sponsor of the bill, he directed                                                                
the bill drafter to model HB 172 exactly after Senator Halford's                                                                
bill with the exception of putting the office back into the                                                                     
executive branch and removing the permanent fund dividend                                                                       
allocation.  In relation to the dividend allocation, he was                                                                     
concerned about other agencies, such as the Child Support                                                                       
Enforcement Division [Department of Revenue], in terms of their                                                                 
ability to recover fines.  He referred to page 2, lines 17-18, of                                                               
the bill, and noted that AS 12.61.015 is one of the advantages of                                                               
including the office in the Department of Law.  AS 12.61.015 lists                                                              
what the department has to do in regards to victims, and the bill                                                               
says that the office can do that as well, when directed.  It                                                                    
creates some efficiencies having the office close by.  It also                                                                  
coordinates well with other activities within the department.                                                                   
                                                                                                                                
Number 1904                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN asked Representative Croft whether he feels                                                                
that having the office in the Department of Law or Public Safety                                                                
would influence it.                                                                                                             
                                                                                                                                
REPRESENTATIVE CROFT replied that's a legitimate concern because at                                                             
various time the office would be questioning the actions of the                                                                 
Department of Public Safety, Department of Law, Department of                                                                   
Corrections, and possibly the Public Defender Agency and the Office                                                             
of Public Advocacy.  It seems that the function of the office is                                                                
most often performed by the Department of Law and most analogous to                                                             
it.  He suggested, as another approach, putting more sideboards on                                                              
the appointment and firing of the advocate in terms of insulating                                                               
that person within the Department of Law as is done with                                                                        
appointments and confirmations.                                                                                                 
                                                                                                                                
Number 2068                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES stated the Public Defender Agency and the                                                                  
Office of Public Advocacy are not necessarily always on the same                                                                
side of an issue.  Therefore, it seems that having the office                                                                   
within the Department of Administration wouldn't have the same                                                                  
conflict as it would have within the Department of Law.                                                                         
                                                                                                                                
REPRESENTATIVE CROFT stated the Department of Administration is                                                                 
often a place where offices are put that need autonomy and that                                                                 
don't fit anyplace else.                                                                                                        
                                                                                                                                
Number 2121                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT stated the bill does not list the qualifications for                                                              
the advocate.                                                                                                                   
                                                                                                                                
REPRESENTATIVE CROFT replied the list of qualifications in SB 4 is                                                              
relatively new.  He's not opposed to that list other than it seems                                                              
rather long.  He offered to the committee members to provide an                                                                 
analysis of the differences between the two bills.                                                                              
                                                                                                                                
Number 2235                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT assigned the bill to a subcommittee consisting of                                                                 
Representatives Croft, as chairman, Kerttula and Murkowski.  He                                                                 
charged the subcommittee with brining back the differences between                                                              
the two bills.