04/17/2001 01:46 PM House FIN

HOUSE BILL NO. 187                                                                                                            
                                                                                                                                
     An Act relating to the destruction, desecration, and                                                                       
     vandalism of cemeteries and graves.                                                                                        
                                                                                                                                
REPRESENTATIVE JIM  WHITTAKER introduced his Chief  of Staff,                                                                   
Lori  Backes.    He  noted  that  under  the  current  Alaska                                                                   
Statutes, there  are no provisions relating to  the vandalism                                                                   
or desecration of modern cemeteries and memorials.                                                                              
                                                                                                                                
LORI BACKES,  STAFF, REPRESENTATIVE  JIM WHITAKER,  commented                                                                   
that  acts  of  vandalism  are   currently  punishable  under                                                                   
statutes  that  relate  to criminal  mischief,  however,  the                                                                   
degree of crime  centers around monetary value  of the damage                                                                   
and  does not  recognize the  personal  insult and  emotional                                                                   
injury  to a  family, community  or tribe  that has  suffered                                                                   
when these areas are vandalized.                                                                                                
                                                                                                                                
Ms. Backes  noted that  HB 187  clearly states  that it  is a                                                                   
crime of criminal  mischief in the second degree  if a person                                                                   
intentionally  abuses these  sites.   The  bill would  insert                                                                   
language  into  statutute  making  it  a  crime  of  criminal                                                                   
mischief in  the second degree.   Recognizing that  there may                                                                   
be circumstances  where memorials,  tombs or gravesites  must                                                                   
be altered, moved  or removed, HB 187 places  into statute an                                                                   
affirmative defense  if the defendant  is an employee  of the                                                                   
cemetery acting  on behalf of  the cemetery or  is "otherwise                                                                   
authorized by law to engage in the conduct.                                                                                     
                                                                                                                                
Vice-Chair  Bunde  asked  how the  legislation  would  impact                                                                   
archeological    digs.      Ms.    Backes   explained    that                                                                   
Representative  Whitaker's office  had been  in contact  with                                                                   
the University  of Alaska's Anthropology Department  and they                                                                   
have no  problem with the wording  of the legislation.   They                                                                   
are already  protected under laws  that allow them  to obtain                                                                   
State  permits and/or  federal permits  if the  sites are  on                                                                   
federal land.                                                                                                                   
                                                                                                                                
Vice-Chair Bunde  asked if the  legislation would  give false                                                                   
hope to certain  Native groups that think  that archeological                                                                   
digs would stop with passage of  the legislation.  Ms. Backes                                                                   
replied that the legislation would  not give them false hope.                                                                   
Burial  sites are  already protected  under the  Preservation                                                                   
Act.  The  hope that the bill  is attempting to give  is that                                                                   
there will  be some type  of penalty  that a person  could be                                                                   
charged with  if a person were  to damage a  modern cemetery.                                                                   
The bill's verbiage does not address the historic sites.                                                                        
                                                                                                                                
Representative  Whitaker  added that  the  bill  was not  all                                                                   
encompassing and that it should not be misconstrued to be.                                                                      
                                                                                                                                
Representative  Croft asked  the appeal  portion found  in AS                                                                   
41.25.200©.  Ms. Backes replied  that statute was the portion                                                                   
of statute  intended to protect  gravesites, however,  it had                                                                   
been placed under the Alaska Historic  Preservation Act.  The                                                                   
concern with that is that it would  mainly protect historical                                                                   
burial  sites,  not modern  cemeteries.   The  proposed  bill                                                                   
would move the protection to another statute.                                                                                   
                                                                                                                                
Representative Croft referenced  Page 2, Line 18, noting that                                                                   
the  exception when  on a  State permit.   He  asked when  on                                                                   
federal  land, would the  archeological  digs have to  obtain                                                                   
both a State  and federal permit.  Ms. Backes  explained that                                                                   
on  federal land,  they  would  not need  to  obtain a  State                                                                   
permit.  She  stated that the bill drafter  suggests that the                                                                   
language "authorized by law" would cover that concern.                                                                          
                                                                                                                                
Representative  Davies asked  what the  penalty for  crime of                                                                   
criminal mischief  in the second  degree would  be classified                                                                   
as.   Ms.  Backes advised  that penalty  would be  a Class  C                                                                   
felony and  would result  up to  five years  in prison  and a                                                                   
$50,000 dollar fine.                                                                                                            
                                                                                                                                
Representative Whitaker  interjected that it  was intentional                                                                   
to raise  it to  that level.   He noted  that there  had been                                                                   
extensive   hearings  in   the   House  Judiciary   Committee                                                                   
regarding those  concerns.  He  added that there would  be no                                                                   
fiscal impact.                                                                                                                  
                                                                                                                                
Representative Hudson MOVED to  report CS HB 187 (JUD) out of                                                                   
Committee  with  individual recommendations  and  the  fiscal                                                                   
notes.                                                                                                                          
                                                                                                                                
Representative Harris asked the  reason for the indeterminate                                                                   
fiscal note by the Department  of Administration.  Ms. Backes                                                                   
explained that  it was  indeterminate because the  Department                                                                   
is  not certain  how often  there would  be prosecuted  cases                                                                   
coming forward and what those costs would be.                                                                                   
                                                                                                                                
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
CS HB  187 (JUD)  was reported  out of  Committee with  a "do                                                                   
pass"  recommendation  and  with  zero fiscal  notes  by  the                                                                   
Department  of Law  dated 4/10/01,  the  Alaska Court  System                                                                   
dated  4/10/01,   and  Department  of  Administration   dated                                                                   
4/10/01.