Legislature(1995 - 1996)
02/22/1996 01:41 PM 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 75
An Act relating to criminal mischief.
Co-Chair Hanley provided members with a committee substitute
for HB 75, Work Draft #9-LS0369\O, dated 2/15/96 (copy on
file).
ANNE CARPENETI, ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF
LAW reviewed the committee substitute. She noted that the
Committee discussed the inclusion of vehicles that would be
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covered under the felony vehicle theft provision during the
2/13/95 meeting. This information was added on page 1, line
12 of the work draft. She added that page 2, line 30
provides for vehicle theft in the second degree. She
observed that vehicles not specified under vehicle theft in
the first degree would be covered under vehicle theft in the
second degree. She clarified that snow machines fit under
vehicle theft in the second degree. Second degree theft is
an A misdemeanor with a maximum sentence of up to a $5,000
thousand dollar fine and one year in jail.
Representative Mulder MOVED to adopt Work Draft #9-LS0369\O,
dated 2/15/96. There being NO OBJECTION, it was so ordered.
Representative Mulder prepared a House Finance Committee
fiscal note for the Department of Corrections (Attachment
1). He explained that the House Finance Committee fiscal
note was based on assumptions used in the Department of
Corrections' fiscal note for SB 14. Senate Bill 14 was
introduced in 1995 by Senator Leman. Senate Bill 14 also
addressed criminal mischief.
Ms. Carpeneti characterized HB 75 as a "tougher" bill than
SB 14. She observed that HB 75 raises the offense of
vehicle theft from a class A misdemeanor to a class C
felony. She estimated that this change will result in
additional costs. Representative Mulder maintained that the
costs would not be greater. He provided members with copies
of the Department of Corrections' fiscal note for SB 14
(Attachment 2).
Discussion ensued regarding the provisions of SB 14.
JERRY LUCKHAUPT, LEGISLATIVE LEGAL COUNSEL, LEGISLATIVE
AFFAIRS AGENCY clarified that CSSB 14 (JUD), vetoed by the
Governor, retained the existing penalty structure for
juveniles. He observed that the original draft of SB 14
would have revised the penalty structure. The original
draft more closely resembled HB 75.
Representative Mulder pointed out that Attachment 2 was
drafted based on the original version of SB 14. He
maintained that the provisions of SB 14 can be compared for
fiscal impact.
JERRY SHRINER, SPECIAL ASSISTANT, DEPARTMENT OF CORRECTIONS,
DEPARTMENT OF CORRECTIONS discussed Attachments 1 and 2. He
explained that the calculations used in the fiscal note for
SB 14 did not take into account the number of second time
felons that would be presumptively sentenced to a minimum of
four years. Thirty-two of one hundred and sixty offenders
prosecuted under felony car theft in HB 75 are estimated to
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be second time offenders.
Representative Mulder provided members with assumptions used
in preparations of the House Finance Committee fiscal note
for the Department of Corrections, HB 75 (Attachment 3). He
maintained that the assumptions used by the Department of
Corrections were excessive. He observed that the Department
estimated that it will cost $107 dollars a day to house
these offenders. He reviewed assumptions used in Attachment
3. He estimated that it will cost $57 dollars a day to
house second time offenders. The fiscal note authorizes 1.4
new positions. He clarified that the House Finance
Committee fiscal note was based on assumptions used in the
fiscal note prepared by the Department of Corrections for SB
14, regarding the number of offenders and days served.
Mr. Shriner noted that the Department estimated that 32 out
of 160 offenders would be second time offenders which would
be incarcerated for a minimum of 90 days. He stressed that
$107 dollars a day is the Department's best guess regarding
what it costs to operate. He stated that CRC's and
probation costs would be more than $1.0 million dollars even
if the prison time was eliminated. The fiscal note prepared
by Representative Mulder for the House Finance Committee
estimates a cost of $801.0 thousand dollars for the
Department of Corrections. The Department's fiscal note
estimates a cost of $1.306.7 million dollars.
Representative Brown noted that state prisons are at
capacity. She questioned how the cost of incarceration
could be zero. Representative Mulder stated that every
institution is not at full capacity. He maintained that the
32 offenders can be absorbed into existing institutions. He
asserted that there is elasticity in the Department in
regards to cost. He maintained that 32 extra offenders are
not going to increase the Department's cost of doing
business. Representative Brown expressed doubt that the
Department could absorb 32 prisoners without additional
cost.
In response to a question by Representative Kelly,
Representative Mulder reiterated factors used in the
calculations of the fiscal note.
Representative Mulder MOVED to report CSHB 75 (FIN) out of
Committee with individual recommendations and with the
accompanying fiscal notes, with the exception of the fiscal
note for the Department of Corrections. There being NO
OBJECTION, it was so ordered.
Representative Mulder MOVED to adopt the $801.0 thousand
dollar House Finance Committee fiscal note for the
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Department of Corrections. Representative Brown OBJECTED.
A roll call vote was taken on the MOTION.
IN FAVOR: Kelly, Kohring, Martin, Mulder, Navarre, Parnell,
Therriault, Hanley
OPPOSED: Brown
Co-Chair Foster and Representative Grussendorf were absent
from the vote.
The MOTION PASSED (8-1).
CSHB 75 (FIN) was reported out of Committee with a "do pass"
recommendation and with nine fiscal impact notes; three by
the Department of Health & Social Services, dated 1/30/96;
one by the Department of Law, dated 1/30/96; one by the
Alaska Court System, dated 1/30/96; two by the Department of
Public Safety, dated 1/30/96; one by the House Finance
Committee for the Department of Corrections; and one by the
Department of Administration.
HOUSE BILL 75
An Act relating to criminal mischief.
Representative Mulder clarified that CSHB 75 (FIN) and the
original version of SB 14 were both tougher than CSSB 14
(JUD) which was vetoed by the Governor after the last
session.
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