Legislature(1997 - 1998)
04/28/1997 02:10 PM House FIN
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* first hearing in first committee of referral
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SENATE BILL 67
"An Act relating to the imposition of criminal
sentences; and amending Rule 32.2, Alaska Rules of
Criminal Procedure."
BRETT HUBER, STAFF, SENATOR RICK HALFORD, noted that when a
felon is sentenced to a term of imprisonment, the public
often receives a false sense of security by believing the
criminal will actually be incarcerated for the stated
sentence. As a result of "good time", as well as mandatory
and discretional parole provisions, the actual sentence
served is virtually guaranteed to be less than that which is
imposed by the judge.
If enacted, SB 67 would require that a victim of a crime,
their family, as well as the public, be provided with an
accurate statement of the minimum period of time which must
be served before the criminal is released. At the very
least, the victim and their families, as well the public,
deserve an honest and accurate assessment of the amount of
time a criminal will actually be incarcerated. SB 67
requires that the judge provide this information.
Mr. Huber continued, the enactment of SB 67 would also allow
the Department of Corrections to receive up to $650 thousand
dollars in federal funds which are available to states which
meet federal "truth in sentencing" guidelines.
Representative Mulder asked how the legislation would help
the State qualify for receiving truth in sentencing grants.
Mr. Huber noted that Section #2 of the bill added language
by the Department of Law. The federal truth in sentencing
grant had initially required states to have a minimum of 85%
of the sentence actually served by those convicted. Since
that time, the federal government revamped the program.
Section #2 does not change any of the sentencing or
mandatory parole procedures that the State is in, although,
it does provide language which the Department of Law is
comfortable will allow Alaska to qualify for the federal aid
dollars.
Mr. Huber noted that the fiscal note accompanying the bill
was prepared by the Senate Finance Committee and indicates
estimated federal receipts including the estimated 10%
general fund match.
Representative Foster MOVED to report CS SB 67 (JUD) out of
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Committee with individual recommendations and with the
accompanying fiscal notes. Representative Mulder OBJECTED.
He noted that he was considering an amendment which would
address the surcharges on criminal offense fines. The
convicts who are able to pay for criminal offenses should be
assessed those fees. He believed the State lagged behind
the federal assessment allowance. An amendment would allow
the State to recoup funds and money to go back for the
victims.
Representative Mulder WITHDREW his OBJECTION. There being
NO further OBJECTION, it was so ordered.
CS SB 67 (FIN) was reported out of Committee with a "do
pass" recommendation and with fiscal notes by the Alaska
Court System, two by the Department of Public Safety dated
3/5/97, the Department of Law dated 3/5/97 and the Senate
Finance Committee dated 3/13/97. #SB161
SENATE BILL 161
"An Act relating to management of certain municipal
assets by the Alaska Permanent Fund Corporation."
SENATOR BERT SHARP stated that the legislation would
authorize the Permanent Fund Corporation to manage the
assets of a municipal savings or investment account.
The parameter of a management agreement starts on Page 1,
Line 9, through the remainder of the bill. These were
established by the corporation as conditions to accommodate
without compromising their mission. The legislation would
offer municipalities the option of investing management
services within Alaska. The management costs would be
totally reimbursable to the Permanent Fund Corporation by
the municipalities.
Representative Martin asked the advantage to the local
municipalities. Senator Sharp pointed out that local
governments had sold the utilities. Co-Chair Therriault
commented that the University's trust and assets were
managed by the Department of Revenue.
Representative J. Davies asked if the appropriation account
would be a general fund expenditure. Senator Sharp
explained that the Permanent Fund Corporation had voiced
concern that the money not be deposited into the general
fund, instead, it be returned to the Permanent Fund
Corporation through the Earnings Reserve Account, confirmed
by the Legislature. Representative Davies agreed, although,
noted that the Earnings Reserve Account is an appropriation
account and appropriations from that account do not appear
as general funds.
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Senator Sharp stated that the fiscal note indicates that the
funds appear as corporate receipts to the Permanent Fund.
The fiscal note indicates that there was a reimbursement of
the Permanent Fund earnings account for those expenses. Co-
Chair Therriault stated that budgeting for the corporation
come from corporate receipts from the earnings reserve. The
money which comes for the management of the fund would be
tracked in a similar fashion.
Representative J. Davies asked if the reserve earnings would
remain in the municipal account. Senator Sharp responded
that any earnings not drawn by the municipality on an annual
basis would stay and increase the assets on the
municipalities account.
(Tape Change HFC 97-114, Side 2).
Representative G. Davis pointed out that the Alaska
Municipal League has initiated and is operating a Municipal
Investment Pool. He suggested that if members were curious
as to how much money each municipality has to invest, they
could track those area pools.
Representative Foster MOVED to report CS SB 161 (FIN) out of
Committee with individual recommendations and with the
accompanying fiscal note. There being NO OBJECTION, it was
so ordered.
CS SB 161 (FIN) was reported out of Committee with a "do
pass" recommendation and with the a fiscal note by the
Department of Revenue dated 4/15/97.
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