Legislature(1997 - 1998)

04/28/1997 02:10 PM FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
  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                 
  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                 
  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                 
  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.                                                            
  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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