Legislature(1993 - 1994)
03/29/1993 08:35 AM House FIN
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 69
"An Act relating to registration of and information
about sex offenders and amending Alaska Rules of
Criminal Procedure 11(c) and 32(b)."
Members were provided with a Work Draft for HB 69, 8-
LS0395\U, dated 3/25/93 (Attachment 1). HB 69 was held in a
subcommittee consisting of Chair Therriault with members
Representatives Brown and Martin.
Representative Therriault explained changes by the
Subcommittee. References to DNA blood typing were deleted.
First time sex offenders are required to register for 15
years. Sex offenders who have been convicted two or more
times must register for life. Sexual abuse of a minor in
fourth degree has been eliminated at the request of
Representative Barnes. He explained that language to allow
dispute of file information was added. The Department
"shall" correct or supplement inaccurate or incomplete
information.
Representative Therriault note that by law the registration
fee cannot be punitive in nature. The Subcommittee set the
fee at $5.00 dollars.
Representative Therriault MOVED to ADOPT Work Draft for HB
69, 8-LS0395\U, dated 3/25/93. There being NO OBJECTION, it
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was so ordered. Representative Therriault MOVED to Amend,
CSHB 69 (FIN), delete page 3, line 28, "11.40.130". He
explained that offenders can be convicted under 11.40.130
for supplying alcohol to minors. There being NO OBJECTION,
it was so ordered.
Co-Chair MacLean asked if VPSO's would substitute for the
Chief of Police in rural areas. She asked if the
Department of Corrections could register sex offenders prior
to release.
C.E. SWACKHAMMER, DEPUTY DIRECTOR, DEPARTMENT OF PUBLIC
SAFETY clarified that VPSO's would not be required to
perform the registrations. He added that the Alaska State
Troopers will aid rural areas with sex offender
registration. Village Public Safety Officers would be
informed of registered sex offenders in their areas. He
explained that the Department of Corrections would not
register offenders since offenders future place of residence
and employment would be unknown.
Representative Therriault noted that sex offender
registration for first offenders will be retroactive ten
years to 1984. Representative Navarre asked if the a ten
retroactive period would be subject to discrimination
challenges. Representative Therriault did not think there
would be a basis for legal challenges.
DOUG WOOLIVER, STAFF ATTORNEY, REPRESENTATIVE BARNES assured
members that the ten year retroactive period would be upheld
in court. He cited the difficulty in collecting accurate
data past ten years. Mr. Wooliver explained the legal
rational supporting a ten year retroactive period. Members
discussed the retroactive registration period.
Representative Navarre asked if other state law has been
tested in regards to the right to privacy. Mr. Wooliver
stated that Washington state has a constitutional right to
privacy. The Washington State Supreme Court has up held the
retroactive period. He clarified that offenders convicted
of two or more offenses must register regardless of the time
of conviction.
Representative Therriault relayed that supporters of the
legislation feel that sex offenders have a high recidivism
rate because they do not think they will be caught. The
legislation is designed to be a deterrent.
Mr. Wooliver explained, in response to a question from
Representative Foster, that a regulatory action would not be
considered as a "expos facto". A punishment cannot be
increased retroactively. Laws that are regulatory in nature
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are not designed to punish.
Representative Therriault MOVED to report CSHB 69 (FIN) out
of Committee with individual recommendations and with the
accompanying fiscal notes. There being NO OBJECTION, it was
so ordered.
CSHB 69 (FIN) was reported out of Committee with a "do pass"
recommendation "do pass" recommendation and with four zero
fiscal notes by the Department of Corrections, dated 2/8/93;
Department of Law, dated 2/8/93; two by the Department of
Administration and with a fiscal impact note by the
Department of Public Safety, dated 3/25/93.
hb#171
HOUSE BILL NO. 171
"An Act providing coverage for hospice care under the
Medicaid program; reordering the priorities given to
optional services under the Medicaid program; and
providing for an effective date."
RITCHIE SONNER, EXECUTIVE DIRECTOR, HOSPICE AND HOME CARE OF
JUNEAU spoke in support of HB 171. She explained that
hospice care supports the terminally ill to allow them to
remain in their home. She emphasized that home care is cost
effective. She stressed that the terminally ill are allowed
to remain with their loved ones. She explained that
terminally ill is defined as those that have 6 or less
months to live. An inter disciplinary team of counselors,
physicians, nurses, therapist, clergy and volunteers assist
the terminally ill. The goal of hospice care is to allow
terminally ill to spend their final days pain free and
alert, at peace with themselves and their loved ones in
their own home. Hospice care is endorsed and supported by
Medicare.
Representative Parnell pointed out that there are no
Medicare certified hospice organizations in Alaska. He
asked if the bill will impact certification. Ms. Sonner
stated that in lieu of hospice certification Medicare will
certify home care providers. She felt that the legislation
would encourage hospice certification.
Co-Chair Larson asked how the effective date would affect
the Department of Health and Social Services.
DAVE WILLIAMS, DIVISION OF MEDICAL ASSISTANCE, DEPARTMENT OF
HEALTH AND SOCIAL SERVICES replied that the Department would
like the effective date to be delayed until January 1994.
He explained that the Department of Health and Social
Services needs time to institute the program. He explained
that the fiscal note will cover the cost of changing the
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claims payment system.
Representative Martin MOVED to Amend the effective date to
insert "January 1, 1994." There being NO OBJECTION, it was
so ordered.
Co-Chair MacLean MOVED to report HB 171 out of Committee
with individual recommendations and with the accompanying
fiscal note. There being NO OBJECTION, it was so ordered.
CSHB 171 (FIN) was reported out of Committee with a "do
pass" recommendation and with a fiscal impact note by the
Department of Health and Social Services, dated 3/22/93.
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