Legislature(2011 - 2012)HOUSE FINANCE 519

02/27/2012 01:30 PM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HJR 16 CONST. AM: EDUCATION FUNDING TELECONFERENCED
Heard & Held
+ HB 250 EXTEND RENEWABLE ENERGY GRANT FUND TELECONFERENCED
Heard & Held
+= HB 224 SALES OF NICOTINE PRODUCTS TO MINOR TELECONFERENCED
Moved CSHB 224(FIN) Out of Committee
+= SB 30 RETURN OF SEIZED PROPERTY TELECONFERENCED
Moved Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 302 REPEAL PICK-CLICK-GIVE AUDIT REQUIREMENT TELECONFERENCED
Moved CSHB 302(FIN) Out of Committee
CS FOR SENATE BILL NO. 30(2d JUD)                                                                                             
                                                                                                                                
     "An Act  providing for the release  of certain property                                                                    
     in the custody  of a law enforcement agency  to a crime                                                                    
     victim  under   certain  conditions  and   relating  to                                                                    
     requests  for that  release by  the office  of victims'                                                                    
     rights."                                                                                                                   
                                                                                                                                
2:39:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TAMMIE  WILSON, CO-SPONSOR,  provided opening                                                                    
remarks on SB 30:                                                                                                               
                                                                                                                                
     Senate Bill 30 is about restorative justice.                                                                               
                                                                                                                                
     When a  victim of  a crime has  their property  held as                                                                    
     evidence  by  law  enforcement agencies,  it  could  be                                                                    
     months  or even  years  before they  are  able to  have                                                                    
     their possessions returned.                                                                                                
                                                                                                                                
     By  holding  a  victim's  property as  evidence  for  a                                                                    
     prolonged  period of  time, extra  burden is  placed on                                                                    
     the property  owner to replace  what has been  taken as                                                                    
     evidence. The  consequences are  even higher  for small                                                                    
     business  owners  who  may  face  bankruptcy  if  their                                                                    
     property  loss is  a crucial  component of  their daily                                                                    
     operations.                                                                                                                
                                                                                                                                
     SB 30 will introduce a  process for victims of property                                                                    
     crime to  petition the court  for relief  in recovering                                                                    
     property held as evidence.                                                                                                 
                                                                                                                                
Representative Wilson  elaborated that the bill  was about a                                                                    
process that would enable victims  to receive their property                                                                    
more quickly.                                                                                                                   
                                                                                                                                
CHUCK KOPP,  CHIEF OF STAFF,  SENATOR FRED  DYSON, addressed                                                                    
the  sectional analysis  (copy on  file). He  explained that                                                                    
currently the  return of property  was discretionary  at the                                                                    
advocate attorney  level; the return of  property could take                                                                    
quite a  bit of time if  the attorneys did not  agree. Often                                                                    
crime victims  were businesses and were  therefore unable to                                                                    
complete a  sale or were  underinsured on a  property, which                                                                    
could  be  very  problematic.  He  referred  to  letters  of                                                                    
support  in  member's  packets  (copy  on  file).  The  bill                                                                    
allowed a  neutral decision maker  the opportunity  to weigh                                                                    
in  on the  decision and  provided the  victims with  direct                                                                    
access  to courts  in order  to ask  the judge  to determine                                                                    
whether the interests of the  victim outweighed those of the                                                                    
other party. He read Section 1 of the sectional analysis:                                                                       
                                                                                                                                
   1. Provides that a crime victim who is the owner of                                                                          
     property  in the  custody of  a law  enforcement agency                                                                    
     may  request  the  agency  for   the  return  of  their                                                                    
     property through the Office of Victims' Rights (OVR).                                                                      
                                                                                                                                
   2. OVR will file the request with the agency after                                                                           
     conducting an  investigation into  the request  to make                                                                    
     an  initial  determination  if   the  crime  victim  is                                                                    
     entitled to return of the  property being claimed under                                                                    
     the  requirements of  proposed 12.36.070(c):  the crime                                                                    
     victim  provides satisfactory  proof of  ownership, and                                                                    
     the party  that objects to  the return of  the property                                                                    
     fails to  prove that the  property must be  retained by                                                                    
     the agency for evidentiary purposes.                                                                                       
                                                                                                                                
   3. Once OVR makes such a determination, they will request                                                                    
     on behalf  of the crime  victim that the  agency return                                                                    
     the property.                                                                                                              
                                                                                                                                
   4. Within 10 days after receipt of request and following                                                                     
     reasonable  notice to  prosecution,  defense and  other                                                                    
     interested parties,  the agency will request  a hearing                                                                    
     before the court to determine  if the property shall be                                                                    
     released to the crime victim.                                                                                              
                                                                                                                                
   5. The court of jurisdiction is identified in cases                                                                          
     involving  a pending  criminal case  and in  situations                                                                    
     where no criminal case is pending.                                                                                         
                                                                                                                                
   6. Establishes the burden of proof to be a preponderance                                                                     
     of  the evidence,  for both  the  crime victim  showing                                                                    
     ownership and the objecting  party proving the property                                                                    
     must be retained by the agency.                                                                                            
                                                                                                                                
2:43:21 PM                                                                                                                    
                                                                                                                                
Mr. Kopp continued  to read from Section 1  of the sectional                                                                    
analysis:                                                                                                                       
                                                                                                                                
   7. Establishes that if the court orders the return of the                                                                    
     property  to the  crime victim,  the  court may  impose                                                                    
     reasonable  conditions on  the return  to maintain  the                                                                    
     evidentiary integrity of the property.                                                                                     
                                                                                                                                
   8. Identifies the term crime victim as having the meaning                                                                    
     given to victim  in AS 12.55.185, the  Code of Criminal                                                                    
     Procedure.                                                                                                                 
                                                                                                                                
Mr.  Kopp   concluded  with  Section  2   of  the  sectional                                                                    
analysis:                                                                                                                       
                                                                                                                                
   1. Establishes within Title 24, Chapter 65 Office of                                                                         
     Victims' Rights the  authority of OVR to  request a law                                                                    
     enforcement agency for return  of property on behalf of                                                                    
     a crime  victim claiming  property after  conducting an                                                                    
     investigation as proscribed in AS 12.36.070(c).                                                                            
                                                                                                                                
   2. Provides that the victims' advocate may use any of the                                                                    
     powers granted to the advocate  under Title 24, Chapter                                                                    
     65.                                                                                                                        
                                                                                                                                
Representative Guttenberg  wondered about  the preponderance                                                                    
of  evidence in  the situations  presented in  the bill.  He                                                                    
discussed  multiple  agencies  involved.  He  wondered  what                                                                    
would happen  if there  was a lien  or judgment  on property                                                                    
that an individual was trying to get back.                                                                                      
                                                                                                                                
Mr. Kopp  replied that the  language "may order  the return"                                                                    
was included  on line 7, page  2 of the bill,  which allowed                                                                    
flexibility on  contested claims  that the court  could rule                                                                    
on.  The   preponderance  of  evidence  language   had  been                                                                    
recommended by the  Department of Law; it  was more probable                                                                    
that  a  party  deserved  to have  their  property  returned                                                                    
despite  claims  to  the  contrary   by  other  parties.  He                                                                    
delineated that  the court could make  a determination based                                                                    
on the provision in the bill  or any other law that dictated                                                                    
when property could be released.  He pointed to language "if                                                                    
the court orders  the return of the property,  the court may                                                                    
impose reasonable  conditions on  the return" (lines  14 and                                                                    
15, page 2); the specific  language was for situations where                                                                    
a person  needed the property  back quickly,  but conditions                                                                    
were  applied. Conditions  could  include:  a returned  item                                                                    
could not be sold or the  condition of the item needed to be                                                                    
maintained.  He  used  a  heavy piece  of  equipment  as  an                                                                    
example  of   an  item  that   could  be   photographed  and                                                                    
documented and  returned to a  business owner to  allow them                                                                    
to commence business  activities, but the court  may ask the                                                                    
owner not  to sell the item  until the case was  closed. The                                                                    
sponsor  felt that  the language  was  permissive and  broad                                                                    
enough  to allow  the court  the discretionary  authority it                                                                    
needed in the situations.                                                                                                       
                                                                                                                                
2:47:22 PM                                                                                                                    
                                                                                                                                
Co-Chair Thomas referred to a  letter in the packet from Hal                                                                    
Ingalls  (copy on  file)  who had  a  vehicle and  equipment                                                                    
confiscated.  He discussed  deterioration that  could result                                                                    
from  leaving a  vehicle to  sit for  too long.  He wondered                                                                    
whether the  bill required the  state to return  property in                                                                    
the same condition.                                                                                                             
                                                                                                                                
Mr.  Kopp  replied  that  the bill  did  not  guarantee  the                                                                    
condition  of  returned  property.  He  explained  that  the                                                                    
legislation  provided  crime  victims   with  an  avenue  to                                                                    
directly  appeal to  the court  in  circumstances when  they                                                                    
could not get a party to agree to release their property.                                                                       
                                                                                                                                
Co-Chair   Thomas   read   from  the   sectional   analysis:                                                                    
"establishes  that if  the court  orders the  return of  the                                                                    
property  to   the  crime  victim,  the   court  may  impose                                                                    
reasonable  conditions   on  the  return  to   maintain  the                                                                    
evidentiary integrity of the property"  (Section 1, line 7).                                                                    
He  thought the  court  should return  the  property in  its                                                                    
original condition. He  wondered what the point  would be to                                                                    
return a vehicle in a deteriorated condition.                                                                                   
                                                                                                                                
Co-Chair Stoltze understood that  the bill addressed a small                                                                    
portion of the problems  experienced by property victims. He                                                                    
believed  the  process to  a  solution  was incremental  and                                                                    
recognized  the hard  work of  the sponsor.  He pointed  out                                                                    
that small business owners could  not absorb a loss of their                                                                    
only  working  vehicle  or  set   of  tools.  He  had  heard                                                                    
anecdotal remarks by trade union  members who were forced to                                                                    
take a loss  because it was too cumbersome to  deal with the                                                                    
legal system.                                                                                                                   
                                                                                                                                
Mr.  Kopp appreciated  the comments  and noted  that it  had                                                                    
taken three years to develop the current bill.                                                                                  
                                                                                                                                
Vice-chair Fairclough  referred the committee to  letters of                                                                    
support from  the Alaska  Homebuilder's Association  and the                                                                    
National Federation of  Independent Businesses; both letters                                                                    
cited   battles   between   the   government   and   smaller                                                                    
businesses.  She read  an  excerpt from  a  letter from  Hal                                                                    
Ingalls, CEO, Denali Drilling, Inc., Anchorage:                                                                                 
                                                                                                                                
     It  has been  13  months since  that  accident with  no                                                                    
     police report  or indication  that we  will be  able to                                                                    
     get our equipment  back any time soon, nor  are we able                                                                    
     to make a settlement with  the insurance company. If we                                                                    
     were a  smaller business than  we are, we would  be out                                                                    
     of business  by not having  access to our  equipment to                                                                    
     continue to operate. Renting  equipment to replace what                                                                    
     is  in impound  until the  case is  settled would  be a                                                                    
     financial  burden  we would  have  to  incur until  the                                                                    
     troopers complete their paperwork.                                                                                         
                                                                                                                                
Vice-chair Fairclough noted  that at present it  had been 14                                                                    
months  since the  accident had  taken  place. She  observed                                                                    
that it was  difficult to fight the government  and that the                                                                    
bill provided  a process to  help individuals  acquire their                                                                    
property.  She  believed  that  the  bill  would  help  with                                                                    
recourse in  the event  that property  was damaged  while in                                                                    
the possession of the government.                                                                                               
                                                                                                                                
2:52:41 PM                                                                                                                    
                                                                                                                                
Representative Costello asked  whether the legislation would                                                                    
help Mr. Ingalls and others  currently in the same position.                                                                    
Mr. Kopp replied in the affirmative.                                                                                            
                                                                                                                                
Representative   Costello   spoke    in   support   of   the                                                                    
legislation.                                                                                                                    
                                                                                                                                
ANDREW  WALKER, OWNER,  COMPUTER RENAISSANCE,  SOLDOTNA (via                                                                    
teleconference),  explained that  in  2010  the company  had                                                                    
been  defrauded of  a laptop  with a  bad check.  He relayed                                                                    
that the  $1,100 laptop had  been sitting in  police custody                                                                    
since the  fraud had  occurred. He  had received  his laptop                                                                    
during  the last  week, but  the item  value was  worth less                                                                    
than  half  of  its  original value  and  had  been  damaged                                                                    
cosmetically during that time. He  had tried to convince the                                                                    
court to  remove the  hard drive and  to return  the laptop,                                                                    
but that had not occurred. He  explained that he was out the                                                                    
money as  a business owner  because of the court  system and                                                                    
the associated delays. He expressed  that it would have been                                                                    
very helpful  to have had  an avenue  to appeal in  order to                                                                    
get his money back.                                                                                                             
                                                                                                                                
Co-Chair  Stoltze  thanked  Mr.  Walker for  his  time.  Mr.                                                                    
Walker  replied that  he was  happy to  be part  of anything                                                                    
that would help victims of  crime get their property back in                                                                    
an expedient manner.                                                                                                            
                                                                                                                                
2:56:55 PM                                                                                                                    
                                                                                                                                
VICTOR   KESTER,  EXECUTIVE   DIRECTOR,  ALASKA   OFFICE  OF                                                                    
VICTIMS'  RIGHTS, LEGISLATIVE  BRANCH (via  teleconference),                                                                    
spoke  in  "enthusiastic"  support of  the  legislation.  He                                                                    
believed  the  bill  provided  a  valuable  tool  for  crime                                                                    
victims to attain  the return of their  property held during                                                                    
the course of criminal  prosecution. He highlighted positive                                                                    
aspects  of  the  legislation.   He  opined  that  the  bill                                                                    
provided a balanced  means for crime victims  to seek return                                                                    
of their  property thereby  mitigating the  costs associated                                                                    
with  the  underlying  criminal  activity.  The  legislation                                                                    
would  allow  crime victims  to  seek  the return  of  their                                                                    
property  in  a  timely  manner  in  accord  with  principle                                                                    
decision making  through the operation of  OVR, the judicial                                                                    
branch of  government, and other criminal  justice agencies.                                                                    
The bill  aligned with Article  1, Section 24 of  the Alaska                                                                    
Constitution mandating  that crime  victims be  treated with                                                                    
dignity, respect,  and fairness  in a  criminal prosecution.                                                                    
He stated  that the  bill was fair  and established  a legal                                                                    
framework    that   would    consider   the    institutional                                                                    
perspectives of the Department of  Law, law enforcement, the                                                                    
judiciary system, and OVR before  property was returned to a                                                                    
crime victim.                                                                                                                   
                                                                                                                                
Mr.  Kester discussed  that  the  bill promoted  restorative                                                                    
justice by putting the victim  in the position they had been                                                                    
in prior to  the crime and allowing them to  move forward in                                                                    
a  positive and  constructive manner.  He communicated  that                                                                    
the bill amplified the victim's  voice regarding the request                                                                    
for  the return  of  their property  and  added clarity  and                                                                    
specificity to the victim's  constitutional rights. The bill                                                                    
required decision  makers in a criminal  prosecution to hear                                                                    
and consider a victim's voice  regarding the return of their                                                                    
property. He believed  that the justice was  improved when a                                                                    
crime  victim's  voice  was  heard  and  considered  in  the                                                                    
criminal justice  process. The bill helped  victims that may                                                                    
lack  the ability  to hire  a  private attorney  or who  was                                                                    
unfamiliar  with the  legal process.  The  bill allowed  the                                                                    
expertise  of OVR  to assist  crime  victims with  attaining                                                                    
their property.  The office was  dedicated to  helping crime                                                                    
victims and sought to collaborate  and cooperate with others                                                                    
throughout the  criminal justice  system. He  discussed that                                                                    
there  was  a  zero  impact  fiscal  note.  He  thanked  the                                                                    
committee for the ability to testify on the legislation.                                                                        
                                                                                                                                
3:01:02 PM                                                                                                                    
                                                                                                                                
Co-Chair  Stoltze CLOSED  public testimony.  He referred  to                                                                    
the  indeterminate fiscal  note from  Department of  Law and                                                                    
zero fiscal notes  from Department of Public  Safety and the                                                                    
Legislature.                                                                                                                    
                                                                                                                                
Representative  Costello MOVED  to report  CSSB 30(2nd  Jud)                                                                    
out  of committee  with individual  recommendations and  the                                                                    
accompanying fiscal notes.                                                                                                      
                                                                                                                                
Co-Chair Stoltze OBJECTED for purpose of discussion.                                                                            
                                                                                                                                
Representative Doogan wondered whether  the faster return of                                                                    
property  would  impact  a   victim's  insurance  claims  or                                                                    
ability to make a civil suit.                                                                                                   
                                                                                                                                
Representative  Wilson hoped  that  the  quicker receipt  of                                                                    
property  would help  victims  to take  care  of the  issues                                                                    
sooner. She  believed the legislation would  result in fewer                                                                    
court cases because victims would  have direct access to the                                                                    
courts and would receive their property more quickly.                                                                           
                                                                                                                                
There being NO further OBJECTION, it was so ordered.                                                                            
                                                                                                                                
CSSB 30(2nd  Jud) was REPORTED  out of committee with  a "do                                                                    
pass"  recommendation and  with  three previously  published                                                                    
fiscal notes  including, one indeterminate note:  FN4 (LAW);                                                                    
and two zero notes: FN3 (DPS) and FN5 (LEG).                                                                                    
                                                                                                                                
3:04:30 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
3:07:33 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                

Document Name Date/Time Subjects
AFN Support Resolution.pdf HFIN 2/27/2012 1:30:00 PM
HJR 16
HJR 16 Sponsor Statement.pdf HFIN 2/27/2012 1:30:00 PM
HJR 16
HJR 16 SHELDON JACKSON v. State.pdf HFIN 2/27/2012 1:30:00 PM
HJR 16
HJR 16 SCOTUS Voucher.pdf HFIN 2/27/2012 1:30:00 PM
HJR 16
HJR 16 Rethinking schools.pdf HFIN 2/27/2012 1:30:00 PM
HJR 16
HJR 16 DC school article.pdf HFIN 2/27/2012 1:30:00 PM
HJR 16
HB 250 Sponsor Statement.pdf HFIN 2/27/2012 1:30:00 PM
HB 250
HB 250 -Energy Policy.pdf HFIN 2/27/2012 1:30:00 PM
HB 250
HB 250 - Supporting Letters.pdf HFIN 2/27/2012 1:30:00 PM
HB 250
HJR016-UPDATED NEW-OOG-DOE-2-27-12.pdf HFIN 2/27/2012 1:30:00 PM
HJR 16
HB302 CS WORKDRAFT 27-LS126-I 2.23.12.pdf HFIN 2/27/2012 1:30:00 PM
HB 302
HJR 16 Response Memo to Rep Garapdf.pdf HFIN 2/27/2012 1:30:00 PM
HJR 16
HJR 16 AK Const Conv pages 1512 to 1525.pdf HFIN 2/27/2012 1:30:00 PM
HJR 16
HJR 16 Constit. Convention Proceedings pp. 1525-1529.pdf HFIN 2/27/2012 1:30:00 PM
HJR 16
HJR16 Zelman v Simmons-Harrispdf.pdf HFIN 2/27/2012 1:30:00 PM
HJR 16
HJR16 Sheldon Jackson College v State of Alaskapdf.pdf HFIN 2/27/2012 1:30:00 PM
HJR 16
HJR16 Matthews v Quintonpdf.pdf HFIN 2/27/2012 1:30:00 PM
HJR 16
HJR16-Alaska-K-12---School-Choice-Survey.pdf.pdf HFIN 2/27/2012 1:30:00 PM
HJR 16
HJR 16 Additional Testimony.pdf HFIN 2/27/2012 1:30:00 PM
HJR 16