04/12/2010 01:30 PM Senate JUDICIARY

            HB 355-CRIMINAL FINES FOR ORGANIZATIONS                                                                         
                                                                                                                                
VICE-CHAIR WIELECHOWSKI  announced the  consideration of  HB 355.                                                               
[CSHB 355(JUD) was before the committee.]                                                                                       
                                                                                                                                
1:37:24 PM                                                                                                                    
GRETCEHN STAFT,  staff to  Representative Max  Gruenberg, offered                                                               
to answer questions related to HB 355.                                                                                          
                                                                                                                                
SENATOR  COGHILL  asked  how  often the  court  had  imposed  the                                                               
maximum fine.                                                                                                                   
                                                                                                                                
MS. STAFT replied  the Department of Law (DOL)  doesn't keep that                                                               
data,  but  Ms.  Carpeneti  provided several  examples  when  the                                                               
statute was  used. The  first was  a Green  Peace case  where the                                                               
charge was  criminal trespass and  the fine was  $10,000. Another                                                               
case involved  liquor importation  by Ambler  Air. That  fine was                                                               
$85,000. The third case involved Strategica Import-Export.                                                                      
                                                                                                                                
1:39:41 PM                                                                                                                    
SENATOR COGHILL asked if the sentence  in the Ambler Air case was                                                               
a class A misdemeanor.                                                                                                          
                                                                                                                                
MS. STAFT replied  it was a misdemeanor, but she  didn't know the                                                               
level.                                                                                                                          
                                                                                                                                
SENATOR COGHILL  said he  didn't expect  answers now,  but before                                                               
the bill reached the floor he'd  like: 1) examples when the fines                                                               
for B  misdemeanor and A felony  offenses that were close  to the                                                               
maximum;  2) to  know  if anyone  had looked  at  how this  might                                                               
impact  the  charging  mechanism;   and  3)  information  on  the                                                               
correlation between this and civil liability.                                                                                   
                                                                                                                                
SENATOR MCGUIRE joined the committee.                                                                                           
                                                                                                                                
MS. STAFT  recalled that  the Ambler  Air offense  was a  class A                                                               
misdemeanor  and said  it's her  understanding  that the  statute                                                               
isn't  used   very  often  because   many  of  these   cases  are                                                               
negotiated.  The main  function  of  this bill  would  be to  let                                                               
corporations  know what  the bottom  line would  be when  they're                                                               
negotiating, she said.                                                                                                          
                                                                                                                                
1:43:20 PM                                                                                                                    
SENATOR  COGHILL said  he just  wanted to  know what  affect this                                                               
will have on bargaining and the fallout in civil liability.                                                                     
                                                                                                                                
VICE-CHAIR WIELECHOWSKI  asked if he  would object to  moving the                                                               
bill from committee.                                                                                                            
                                                                                                                                
SENATOR COGHILL said  he didn't mind, but  he wants clarification                                                               
before he casts his vote on the floor.                                                                                          
                                                                                                                                
VICE-CHAIR WIELECHOWSKI  asked Ms.  Staft to facilitate  the work                                                               
between the two offices and the Department of Law.                                                                              
                                                                                                                                
MS. STAFT agreed to do so.                                                                                                      
                                                                                                                                
1:45:00 PM                                                                                                                    
SENATOR EGAN  moved to report  CSHB 355(JUD) from  committee with                                                               
individual  recommendations and  attached  fiscal note(s).  There                                                               
being  no   objection,  CSHB  355(JUD)  moved   from  the  Senate                                                               
Judiciary Standing Committee.