Legislature(2005 - 2006)CAPITOL 120
02/13/2006 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| Select Committee on Legislative Ethics | |
| HB353 | |
| HB400 | |
| HB384 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 353 | TELECONFERENCED | |
| *+ | HB 400 | TELECONFERENCED | |
| *+ | HB 384 | TELECONFERENCED | |
| += | TELECONFERENCED |
HB 384 - FINES AND OFFENSES 2:59:53 PM CHAIR McGUIRE announced that the final order of business would be HOUSE BILL NO. 384, "An Act relating to fines and offenses; amending Rule 8(b), Alaska District Court Rules of Criminal Procedure; and providing for an effective date." [In committee packets was a proposed committee substitute (CS) for HB 384, Version 24-LS0985\Y, Luckhaupt, 1/30/06.] REPRESENTATIVE ANDERSON, speaking as the sponsor of HB 384, relayed that the bill in part proposes to raise - to $750 - the maximum amount a person may be fined when found guilty of an infraction or a violation as currently provided for in statute. However, Section 2 sets $750 as the new minimum fine for a violation of AS 02.40.020. Additionally, HB 384 will bring language regarding penalties pertaining to fish and game statutes - Title 16 - into alignment with the current statutory definition of a class A misdemeanor. Regarding this latter proposed change, he explained that in 2002 the legislature doubled the fines for class A misdemeanors - from $5,000 to $10,000 - but several important Title 16 penalties still list a maximum fine of $5,000. REPRESENTATIVE ANDERSON characterized HB 384 as a housekeeping bill, and opined that the proposed increase in fine amounts is consistent with "today's values," begins to allow for inflation, and will serve as a further deterrent to those contemplating an action that might lead to an infraction or violation. He concluded by saying that in today's society, the most serious infractions and violations are the types of offenses that the public observes daily and expects that enforcement action will be taken to ensure its safety, and so by increasing the fines levied against those that are found guilty, the [greater] good will be served. REPRESENTATIVE ANDERSON noted that two changes to the bill have been recommended. REPRESENTATIVE ANDERSON moved to adopt the proposed committee substitute (CS) for HB 384, Version 24-LS0985\Y, Luckhaupt, 1/30/06, as the work draft. There being no objection, Version Y was before the committee. 3:02:32 PM TODD SHARP, Lieutenant, Division of Alaska State Troopers, Department of Public Safety (DPS), said simply that the DPS supports HB 384, and has been attempting to get infractions and violations in line and consistent for a couple of years; it was simply an oversight that some of the fines pertaining to violations of Title 28 were left out during the last major change to those violations. REPRESENTATIVE GARA said it appears that Sections 1 and 2 of Version Y reduce what are now crimes to mere violations. CLIFF STONE, Special Assistant, Office of the Commissioner, Department of Public Safety (DPS), explained that although the DPS was particularly interested in Title 28, as the drafter in Legislative Legal and Research Services went through the bill, he found other inconsistencies in the statutes and the language that Sections 1 and 2 propose to change struck the drafter as being inconsistent within Title 2. 3:05:01 PM ALLEN STOREY, Captain, Division of Alaska State Troopers, Department of Public Safety (DPS), added that Sections 1 and 2 affect statutes that are not specifically tied to the DPS, but according to his discussions with the drafter, putting a monetary cap on a misdemeanor makes it a mere violation. [Chair McGuire turned the gavel over to Representative Anderson.] REPRESENTATIVE GARA pointed out, though, that if the legislature decided that particular conduct is worthy of being a crime and engendering jail time, then reducing it to a violation eliminates the possibility of jail time. MR. STOREY offered his understanding that in the statutes that Sections 1 and 2 propose to alter, the legislature didn't intend for there to be jail time - simply a fine; so the drafters were merely trying to correct that by calling the behaviors involved violations. REPRESENTATIVE GRUENBERG noted that Section 1 alters the Uniform Air Licensing Act, which in part contains provisions regarding emergency rations and equipment; therefore, he doesn't want to make a violation of that Act a mere violation, and would instead prefer to strengthen it. He opined that there should either be substantial testimony and discussion on the different sections of the bill so that members understand what statutes are being altered, or those sections should be deleted from the bill. He asked that members be given copies of the different statutes that the bill is proposing to alter. [Representative Anderson returned the gavel to Chair McGuire.] REPRESENTATIVE GRUENBERG suggested that each part of HB 384 should be reviewed carefully, and that perhaps the bill might be a good vehicle via which to create a class C misdemeanor, a violation of which would engender 30 days in jail. CHAIR McGUIRE relayed that the bill would be held over, and remarked that having a sectional analysis would be helpful. REPRESENTATIVE ANDERSON indicated that he would obtain that for members. [HB 384, Version Y, was held over.]
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