Legislature(1999 - 2000)
05/10/1999 01:45 PM House FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE FINANCE COMMITTEE
May 10, 1999
1:45 P.M.
TAPE HFC 99 - 122, Side 1.
TAPE HFC 99 - 122, Side 2.
CALL TO ORDER
Co-Chair Therriault called the House Finance Committee
meeting to order at 1:45 P.M.
PRESENT
Co-Chair Therriault Representative Foster
Vice Chair Bunde Representative Grussendorf
Representative G. Davis Representative Kohring
Representative Austerman Representative Moses
Representative J. Davies Representative Williams
Representative Mulder was not present for the meeting.
ALSO PRESENT
Juli Lucky, Staff, Senator Rick Halford; Hans Neidig, Staff,
Senator Dave Donley; Dwight Perkins, Deputy Commissioner,
Department of Labor; Dean Guaneli, Chief Assistant Attorney
General, Criminal Division, Department of Law; Barbara
Brink, (Testified via Teleconference), Director, Alaska
Public Defender Agency, Anchorage; Catherine Reardon,
Director, Division of Occupational Licensing, Department of
Commerce and Economic Development; Al Dwyer, Director,
Division of Labor Standards and Safety, Department of Labor;
Linda Wild, Alaska Dietetic Association, Juneau.
SUMMARY
SB 3 An Act relating to the crimes of murder,
solicitation to commit murder in the first degree,
manslaughter, and criminally negligent homicide;
relating to homicides of children; and relating to
the crime of interference with custody of a child
or incompetent person.
HCS CS SB 3 (FIN) was reported out of Committee
with a "do pass" recommendation and with two
fiscal notes by the Department of Administration
dated 1/25/99, a zero fiscal note by the
Department of Law dated 1/25/99 and a new fiscal
note by the Department of Corrections.
SB 50 An Act relating to certain boiler and pressure
vessel inspections and inspectors; and providing
for an effective date.
SB 50am was reported out of Committee with a "do
pass" recommendation and with a fiscal note by the
Department of Labor dated 2/19/99.
SB 88 An Act relating to licensure of dietitians and
nutritionists; and providing for an effective
date.
CS SB 88 (FIN) was reported out of Committee with
"no recommendation" and with a fiscal note by
Department of Commerce and Economic Development
dated 4/7/99.
SENATE BILL NO. 3
An Act relating to the crimes of murder, solicitation
to commit murder in the first degree, manslaughter, and
criminally negligent homicide; relating to homicides of
children; and relating to the crime of interference
with custody of a child or incompetent person.
JULI LUCKY, STAFF, SENATOR RICK HALFORD, explained the
intent of SB 3 and the changes that it would incorporate
into criminal statute. She pointed out that last year SB 3
came through as SB 218. The current version would:
* Add a new form of first degree murder when the
death of a child results from the commission or
attempted commission of kidnapping or sexual
offense;
* Expands the list of offenses constituting felony
murder to include sexual abuse of a minor in the
first and second degrees;
* Adds a new form of second degree murder when a
person causes the death of a child with criminal
negligence and has a previous felony conviction
against a child;
* Elevates criminally negligent homicide from a
class C to a class B felony;
* Establishes a twenty year mandatory minimum
sentence for a person convicted of a murder of a
child under the age of sixteen;
* Increases the mandatory minimum sentence for
manslaughter, when the victim is a child under the
age of sixteen;
* Establishes a new sentencing provision, which
allows for a term of unsuspended imprisonment that
exceeds the presumptive term for certain felony
offenses if the victim is a child under the age of
16;
* Expands the crime of custodial interference in the
first degree to include the act of keeping a child
or incompetent person outside of the State;
* Clarifies language in the sex offender registry;
and
* Elevates solicitation of murder to an unclassified
felony.
Ms. Lucky emphasized that children deserve a responsible
level of care when they are entrusted to an adult. SB 3
would accomplish both the goal of deterrence and at the same
time would establish punishment more fitting for such crime.
Ms. Lucky provided a sectional analysis of changes made in
the House Judiciary Committee version:
Section 1- States the purpose of Section 15.
Section 2- Increases the penalty for the crime of
solicitation of first degree murder from a class A
felony to an unclassified felony.
Section 3- Simplifies the language and expands the range
of conduct constituting that particular form of first-
degree murder. It would create a new form of first
degree murder when the death of a child results from
the commission or attempted commission of kidnapping or
a sexual offense.
Section 4- Expands the list of offenses constituting
felony murder to include sexual abuse of a minor in the
first and second degrees and makes causing the death of
a child with criminal negligence a form of second
degree murder if there is a previous conviction.
Section 5- Increases the penalty for criminally
negligent homicide from a class C to a class B felony.
Section 6- Expands the definition of custodial
interference to include keeping a child or incompetent
person outside of the State.
Section 7 & 8-Adds solicitation to commit murder in the
first degree and conspiracy to commit murder in the
first degree to the listing of unclassified offenses
and unclassified felonies.
Section 9- Establishes a mandatory 20 year minimum
sentence for the murder of a child under 16 years of
age, providing the assailant was a legal guardian,
occupied a position of authority, or caused the death
of the child by committing a crime against a person.
Section 10-Increases the presumptive penalty for child
manslaughter from 5 to 7 years.
Section 11-Allows the courts to sentence a first felony
offender convicted of criminally negligent homicide of
a child under 16 years of age to a longer sentence than
the presumptive sentence for a second or third felony
offender convicted of the same crime.
Sections 12, 13 & 14-Adds sections to the definition of
aggravated sex offense in the definition sections of
the sex offender registration statutes.
Section 15-Clarifies that the definition for
"conviction" in the Sex Offender Registry Statutes.
Sections 16 & 17- Bifurcates applicability of the act.
Section 18-Definition for conviction in the sex
offender registry statutes applies to convictions that
occurred before, on or after the effective date.
Section 19-Immediate effective date.
DEAN GUANELI, CHIEF ASSISTANT ATTORNEY GENERAL, CRIMINAL
DIVISION, DEPARTMENT OF LAW, noted that the Department of
Law supports the legislation. He advised that portions of
the bill were part of HB 375 sponsored by the Governor last
year. The provisions had been struck from the Governor's
bill and were then placed in a separate Senate bill which
did not pass.
Mr. Guaneli advised that that there is a perception that
some homicide crimes committed against children are not
treated as seriously as homicide committed against adults.
That is the primary basis for the bill.
BARBARA BRINK, (TESTIFIED VIA TELECONFERENCE), DIRECTOR,
ALASKA PUBLIC DEFENDER AGENCY, ANCHORAGE, commented that the
law already recognizes that the death of a child is a
significant event. In statutes passed by the Legislature,
there is a stipulation called an "aggravating factor"
indicating vulnerable victims including children.
Ms. Brink pointed out that Alaska has a clearly defined
system of homicide statutes that determines what level of
responsibility a person should be held accountable for,
based on their mental condition at the time of the crime.
She believed that the proposed legislation could be
dangerous as it would create a special category for offenses
based simply upon the status of the victim.
Ms. Brink addressed specific provisions and concerns of the
proposed bill. Section 5 would make criminal negligent
homicide a class B felony, which currently, it is a class C
felony, which means if a careless act were committed
resulting in a death, the proposed legislation would change
the amount of time that the person would be required to
serve. If it were the intent to create additional degree of
homicide, that would make sense. She observed that there
are situations in which someone has acted negligently and
that it would not be appropriate to charge them with a class
B felony. That could result in a ten-year prison sentence.
Additionally, Ms. Brink pointed out that Section 5 speaks to
"any death", not just the death of a child.
Ms. Brink continued, Section 15 would change the definition
of conviction. The intention of the provision would be to
enlarge that group which occupies the sex offender
registration laws. She stated that change could have
serious constitutional and protection problems.
Mr. Guaneli spoke in response to the concerns voiced by Ms.
Brink on Section 5. He noted that there is a "gap" in State
law, indicating that it is not a fair characterization that
would be "careless" killing. The legislation would increase
the criminal negligent homicide class to a B felony to fill
the middle category. He advised that the class C felony
would be the same penalty for stealing a $500 dollar
television. That gap needs to be addressed.
Representative J. Davies asked if there were examples of
criminally negligent homicides that should remain class C
felonies. Mr. Guaneli replied that criminally negligent
homicide is not a common occurrence. The "shaking of a
baby" to death would be an instance. He reiterated that
there are homicides which fall under unusual circumstances.
In response to Representative J. Davies, Mr. Guaneli
explained the difference between the penalties for class C
versus class B charges. A class C felony would be 0 - 5
prison years and a class B felony could be 0 - 10 prison
years. The average sentence that someone serves for a class
C felony is roughly six months to one year; the average
sentence served for a class B felony is 1 to 3 year for a
first time offender.
Mr. Guaneli advised that "other" provisions on Page 3 would
establish sentencing for criminal negligence and reckless
killings of young children where there existed a previous
incidence, which would elevates it to a 2nd degree murder
charge. Section 5 is a stand-alone provision and relates to
all other criminally negligent homicides.
Co-Chair Therriault MOVED to adopt Amendment #1. [Copy on
File]. He commented that the amendment would provide
clarification of language on Page 2, Line 27. There being
NO OBJECTION, it was adopted.
Representative Foster MOVED to report HCS CS SB 3 (FIN) out
of Committee with individual recommendations and with the
accompanying fiscal notes.
HCS CS SB 3 (FIN) was reported out of Committee with a "do
pass" recommendation and with fiscal notes by Department of
Corrections, two by the Department of Administration dated
1/25/99 and a zero note by the Department of Law dated
1/25/99.
SENATE BILL NO. 50
An Act relating to certain boiler and pressure vessel
inspections and inspectors; and providing for an
effective date.
DWIGHT PERKINS, DEPUTY COMMISSIONER, DEPARTMENT OF LABOR,
noted that the Department is currently severely backlogged
in its inspections of boilers and pressure vessels. Of the
6,000 vessels that are overdue for inspection, over half are
of this type. The proposed legislation would allow the
Commissioner to identify certain state employees as approved
inspectors for the purpose of performing routine annual
inspections on this type of overdue vessel.
Mr. Perkins suggested that this action would free up the
National Board approved boiler inspectors to address those
vessels that are of a larger, more complex nature, such as
high capacity pressure vessels and large capacity commercial
and industrial boilers. This strategy should assist the
Department in addressing the backlog of boilers and pressure
vessels that are overdue for inspection. The legislation
will allow cross training and more efficient utilization of
existing staff to benefit of the public.
In response to Co-Chair Therriault's query, Mr. Perkins
stated that the size of the projects would be six-plex or
small commercial buildings. He reiterated that the high-
pressure steam and boiler inspectors would be freed up.
Representative J. Davies asked if the problem resulted from
the positions not being authorized or cut from the operating
budget. Mr. Perkins replied that the Department does not
have the authorization for the positions while at the same
time suffer from a severe backlog. The intent is to
increase inspections biannually. Currently, they are
serviced annually.
AL DWYER, DIRECTOR, DIVISION OF LABOR STANDARDS AND SAFETY,
DEPARTMENT OF LABOR, added that the backlog could be
partially addressed within six months.
Representative Foster voiced concern with the workload of
plumbing inspectors in his area. Mr. Dwyer replied that the
Department's plumbing inspectors are generally located in
the major city hubs such as Anchorage and Fairbanks from
which they fly into the smaller communities to perform
inspections. The Department attempts to utilize employees
fully while they are on the road.
Representative Foster noted his concern with the boiler
situation in Bush area schools. He recommended that schools
receive priority inspections. Mr. Dwyer noted that the
Department prioritizes all jobs in all communities. He
acknowledged that there had been five boiler-related fires
in Representative Foster's area, and that four had been
related to arson.
Mr. Dwyer addressed the fiscal note. He commented that the
change would allow the Department to increase efficiency by
better utilizing the skills of the existing inspector
personnel. By having certain State employees perform
limited boiler inspections on a part-time basis, the current
rate of growth in inspection backlog should be stopped and a
positive reduction of the existing backlog could be
achieved. Inspections performed by inspectors are expected
to generate additional receipts.
Representative Foster MOVED to report SB 50am out of
Committee with individual recommendations and with the
accompanying fiscal note. There being NO OBJECTION, it was
so ordered.
SB 50am was reported out of Committee with a "do pass"
recommendation and with a fiscal note by the Department of
Labor dated 2/19/99.
SENATE BILL NO. 88
An Act relating to licensure of dietitians and
nutritionists; and providing for an effective date.
HANS NEIDIG, STAFF, SENATOR DAVE DONLEY, stated that SB 88
would codify professional title licensure of dietitians and
nutritionists, while helping to ensure the quality of such
services and protecting consumers.
SB 88 represents sound public policy because it protects
Alaskans from the potential harm that could be caused by
untrained individuals working in the field. This would be
accomplished by having standards which differentiate between
individuals who are qualified nutritionists and dietitians
and those who are not.
Mr. Neidig noted that SB 88 contains provisions which ensure
that individuals practicing nutrition, obtain a bachelor's,
masters or doctoral degrees from an accredited school to
work in Alaska.
Mr. Neidig advised that the licensing of dietitians and
nutritionist enables the public to identify individuals who
are qualified by education, experience and examination to
provide nutrition care services. Recognition defines the
dietetics and nutrition practice which includes the
integration and application of the principles derived from
the sciences of nutrition, biochemistry, food physiology,
management and behavioral and social sciences to achieve and
maintain the health of the citizens of Alaska. He pointed
out that the bill would not establish a new board. The
licensing program will be conducted by the Division of
Occupational Licensing and will have no cost to the State.
Representative Foster asked if the nutritionists that live
in village areas would be responsible to fly to Anchorage
every couple of years to update their certification. Mr.
Neidig replied that there is no examination requirement.
CATHERINE REARDON, DIRECTOR, DIVISION OF OCCUPATIONAL
LICENSING, DEPARTMENT OF COMMERCE AND ECONOMIC DEVELOPMENT,
corrected that there is an examine for only the initial
license; there is no obligation to take it more than once.
The applicant will be paying for the national test directly,
not through State government and that the test would be
offered only in Anchorage.
(Tape Change HFC 99 - 122, Side 2).
Representative Foster voiced concern for those individual
nutritionists who have been working in the field, who do not
have the accredited dietitian or nutritionist requirements.
He asked if they would be "grandfathered" in. Ms. Reardon
stated that would need to be a policy decision for the
Legislature. A "practice" restriction could be placed in
the legislation, or employers could have the option to
change the titles of those employees.
LINDA WILD, ALASKA DIETETIC ASSOCIATION, JUNEAU, testified
that the Alaska Dietetic Association strongly supports the
legislation. Currently, thirty-nine states have some form
of licensing of dietitians and nutritionists.
There are two main reasons for supporting the license
dietitians and nutritionists. The proposed legislation
recently reintroduced in Congress that would provide
coverage in the outpatient portion of the federally funded
Medicare program for medical nutrition therapy services, a
75 cent phrase for nutrition therapy, furnished by
registered dietitians and qualified nutrition professionals.
Currently, Medicare provides reimbursement for nutrition
services only in portion A, or in the hospital portion of
the program.
Ms. Wild continued, the reason dietitians care about this is
that the proposed legislation stipulates that reimbursable
services be provided by dietitians or nutrition
professionals who are licensed in the states in which they
work. She stressed that dietitians and nutritionists must
be part of the health care team, and they need to be
licensed.
The proposed change to Medicare is one of the big reasons
there has been a push in recent years to license dietitians
and nutritionists, in addition to the increasing emphasis on
preventative health care. Good nutrition is a big part of
that prevention.
Ms. Wild continued, an additional reason for the requesting
the licensure is professional recognition. Licensure will
put nutrition professionals on an equal footing with other
professionals. The bill before the Committee is known as
"title licensure" or "title protection". This means that
only those professionals meeting the educational and
experience criteria will be licensed as dietitians and
nutritionists. The bill would hold minimum qualifications
for professionals in the field and would provide guidance to
the public.
Representative Grussendorf asked if there was work
experience which could fulfill criteria needed to obtain the
license. Ms. Wild replied that staff working in the school
system is not required to be licensed, however, those with
job titles of dietitian or nutritionist would need to have
the license. She did not know of any people in the State of
Alaska, who had those job titles that would qualify for
licensing. Ms. Wild pointed out that there is another
category called "diet tech", which does not require
licensure.
Co-Chair Therriault questioned what restrictions would the
legislation implement. Ms. Wild explained that the bill
would require any person calling themselves a dietitian or
nutritionist be licensed.
In response to concerns voiced by Representative Foster, Ms.
Wild explained that the examination would allow a person to
become a registered dietitian. It could be taken in
Anchorage and would be a one time only test.
Representative Kohring inquired if industry was requesting
the proposed legislation. Ms. Wild replied that "shock" had
been voiced with the $410 biannual fee request, but are
confident that will be for the first cycle only. After
that, there will be renewal charges, a more simple process.
She advised that there is strong support for the
legislation.
Representative Foster MOVED to report CSSB 88 (FIN) out of
Committee with individual recommendations and with the
accompanying fiscal note. There being NO OBJECTION, it was
so ordered.
CS SB 88 (FIN) was reported out of Committee with "no
recommendation" and with a fiscal note by Department of
Commerce and Economic Development dated 4/7/99.
ADJOURNMENT
The meeting adjourned at 3:00 p.m.
H.F.C. 10 5/10/99 p.m.
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