Legislature(1993 - 1994)
03/11/1993 08:00 AM House STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE STATE AFFAIRS STANDING COMMITTEE
March 11, 1993
8:00 a.m.
MEMBERS PRESENT
Representative Al Vezey, Chairman
Representative Pete Kott, Vice Chairman
Representative Harley Olberg
Representative Jerry Sanders
Representative Gary Davis
Representative Fran Ulmer
Representative Bettye Davis
MEMBERS ABSENT
None
COMMITTEE CALENDAR
HB 81 "An Act relating to the longevity bonus program."
COMMITTEE SUBSTITUTE MOVED WITH A DO PASS
RECOMMENDATION
*HCR 1 Proposing amendments to the Uniform Rules of the
Alaska State Legislature relating to presiding
officers pro tempore; and providing for an
effective date.
MOVED FROM COMMITTEE WITH NO RECOMMENDATIONS
*HB 119 "An Act authorizing a sentencing court to impose a
sentence of a day fine instead of a sentence of
imprisonment on a defendant convicted of a
misdemeanor; directing the Alaska Supreme Court to
develop and implement a day fine plan; requiring
the Department of Corrections to report to the
legislature on the use of day fines; amending
Alaska Rule of Criminal Procedure 32; and
providing for an effective date."
MOVED FROM COMMITTEE WITH INDIVIDUAL
RECOMMENDATIONS
*HB 142 "An Act relating to enhanced 911 emergency
reporting systems; and providing for an effective
date."
HELD IN COMMITTEE FOR FURTHER CONSIDERATION
(* first public hearing)
WITNESS REGISTER
Representative Bettye Davis
State Capitol
Court Building, Room 600
Juneau, Alaska 99801-1182
465-3875
Position Statement: Prime Sponsor of HCR 1
Representative Fran Ulmer
State Capitol
Court Building, Room 601
Juneau, Alaska 99801-1182
465-4947
Position Statement: Prime Sponsor of HB 119 and HB 142
Charles S. Christensen, III, Staff Counsel
Alaska Court System
303 K Street
Anchorage, Alaska 99501
(907) 264-8228
Position Statement: Supported the concept of HB 119
John George, Lobbyist
Alaska State Fire Fighters Association
Alaska State Fire Chiefs Association
9515 Moraine Way
Juneau, Alaska 99801
(907) 789-0172
Position Statement: Supported the concept of HB 142
Larry Fanning, Chief
Capital City Fire/Rescue
820 Glacier Avenue
Juneau, Alaska 99801
(907) 586-5322
Position Statement: Suggested an amendment to HB 142
PREVIOUS ACTION
BILL: HB 81
SHORT TITLE: PHASE OUT LONGEVITY BONUS
BILL VERSION:
SPONSOR(S): RULES BY REQUEST OF THE GOVERNOR
TITLE: "An Act relating to the longevity bonus program."
JRN-DATE JRN-PG ACTION
01/22/93 130 (H) READ THE FIRST TIME/REFERRAL(S)
01/22/93 130 (H) STATE AFFAIRS, JUDICIARY,
FINANCE
01/22/93 130 (H) -2 FNS (ADM) 1/22/93
01/22/93 130 (H) GOVERNOR'S TRANSMITTAL LETTER
02/02/93 (H) STA AT 08:00 AM CAPITOL 102
02/02/93 (H) MINUTE(STA)
02/06/93 (H) STA AT 08:00 AM CAPITOL 102
02/13/93 (H) STA AT 08:00 AM CAPITOL 102
02/13/93 (H) MINUTE(STA)
02/13/93 (H) MINUTE(STA)
02/13/93 (H) MINUTE(STA)
02/13/93 (H) MINUTE(STA)
02/13/93 (H) MINUTE(STA)
02/13/93 (H) MINUTE(STA)
02/13/93 (H) MINUTE(STA)
02/27/93 (H) STA AT 08:00 AM CAPITOL 102
02/27/93 (H) MINUTE(STA)
02/27/93 (H) MINUTE(STA)
03/09/93 (H) STA AT 08:00 AM CAPITOL 102
03/09/93 (H) MINUTE(STA)
03/09/93 (H) MINUTE(STA)
03/11/93 (H) STA AT 08:00 AM CAPITOL 102
BILL: HCR 1
SHORT TITLE: PRESIDING OFFICER PRO TEMPORE
BILL VERSION:
SPONSOR(S): REPRESENTATIVE(S) B.DAVIS
TITLE: Proposing amendments to the Uniform Rules of the
Alaska State Legislature relating to presiding officers pro
tempore; and providing for an effective date.
JRN-DATE JRN-PG ACTION
01/11/93 21 (H) READ THE FIRST TIME/REFERRAL(S)
01/11/93 21 (H) STATE AFFAIRS, JUDICIARY
03/04/93 (H) STA AT 08:00 AM CAPITOL 102
03/11/93 (H) STA AT 08:00 AM CAPITOL 102
BILL: HB 119
SHORT TITLE: AUTHORIZE USE OF DAY FINES IN MISD. CASES
BILL VERSION:
SPONSOR(S): REPRESENTATIVE(S) ULMER,B.Davis,Davies,Brown
TITLE: "An Act authorizing a sentencing court to impose a
sentence of a day fine instead of a sentence of imprisonment
on a defendant convicted of a misdemeanor; directing the
Alaska Supreme Court to develop and implement a day fine
plan; requiring the Department of Corrections to report to
the legislature on the use of day fines; amending Alaska
Rule of Criminal Procedure 32; and providing for an
effective date."
JRN-DATE JRN-PG ACTION
02/03/93 214 (H) READ THE FIRST TIME/REFERRAL(S)
02/03/93 215 (H) STATE AFFAIRS, JUDICIARY,
FINANCE
03/11/93 (H) STA AT 08:00 AM CAPITOL 102
BILL: HB 142
SHORT TITLE: ENHANCED 911 SYSTEMS
BILL VERSION:
SPONSOR(S): REPRESENTATIVE(S) ULMER
TITLE: "An Act relating to enhanced 911 emergency reporting
systems; and providing for an effective date."
JRN-DATE JRN-PG ACTION
02/10/93 291 (H) READ THE FIRST TIME/REFERRAL(S)
02/10/93 291 (H) STATE AFFAIRS, L&C, FINANCE
03/11/93 (H) STA AT 08:00 AM CAPITOL 102
ACTION NARRATIVE
TAPE 93-28, SIDE A
Number 000
CHAIRMAN AL VEZEY called the House State Affairs Committee
to order at 8:00 a.m. on Thursday, March 11. All members
were present at the call to order.
HB 81: PHASE OUT LONGEVITY BONUS
Number 019
CHAIRMAN VEZEY read the title of the committee substitute
(CSHB 81 (STA)) and called for any discussion.
Number 028
REPRESENTATIVE HARLEY OLBERG MOVED for ADOPTION of CSHB 81
(STA).
Number 032
REPRESENTATIVE PETE KOTT informed the chair he had an
amendment to offer and asked which version the amendment
might be considered under.
CHAIRMAN VEZEY informed him the amendment would be
considered as part of CSHB 81 (STA).
Number 050
CSHB 81 (STA) was ADOPTED by the committee by a 5-2 vote,
Representatives Vezey, Kott, Olberg, Sanders and G. Davis
voted yes; Representatives Ulmer and B. Davis voted no.
Number 060
REPRESENTATIVE KOTT INTRODUCED his AMENDMENT to CSHB 81
(STA), which proposed terminating the program in FY 2009,
and had the effect of "stepping down" the amount paid under
the bonus by $12.50 each year. He stated the costs to the
state would fall immediately under his plan and would be
about half as much as HB 81's original step-down plan.
Number 111
REPRESENTATIVE FRAN ULMER asked for clarification of who
would qualify under the amendment, and whether or not a
grandfather clause had been included.
Number 121
REPRESENTATIVE KOTT explained all seniors over the age of 65
would qualify for the bonus, and no grandfather clause had
been built into the amendment. He stated the length of the
step-down gave senior Alaskans a better chance to plan their
financial future while cutting state costs faster than HB
81.
Number 146
CHAIRMAN VEZEY noted the $3 million reduction in the first
year after implementation of the amendment, and the
progressive step-down until 2009.
Number 172
REPRESENTATIVE JERRY SANDERS asked if it was fiscally wise
to step down the program to $50 a month in the final years
of the plan, since the administrative costs and the overhead
would either remain the same or increase during the same
period.
Number 192
CHAIRMAN VEZEY stated more checks would be going out for
smaller amounts, then asked for more discussion.
Number 208
REPRESENTATIVE GARY DAVIS MOVED for ADOPTION of the
AMENDMENT to CSHB 81 (STA).
Number 221
REPRESENTATIVE KOTT's AMENDMENT to CSHB 81 (STA) FAILED 3-4,
with Representatives G. Davis, Kott, and B. Davis voting
yes; and Chairman Vezey, Representatives Olberg, Sanders and
Ulmer voting no.
Number 227
REPRESENTATIVE SANDERS MOVED passage of CSHB 81 (STA) from
committee. CSHB 81 (STA) PASSED from committee by a 6-1
vote. Representative B. Davis voted no.
HCR 1: PRESIDING OFFICER PRO TEMPORE
Number 251
CHAIRMAN VEZEY read the title of HCR 1 and invited its
sponsor, Representative Bettye Davis, to give her statement.
Number 256
REPRESENTATIVE BETTYE DAVIS, PRIME SPONSOR OF HCR 1, noted
the resolution did not affect any private citizens, only
members of the legislature. She explained HCR 1 was
designed to increase the number of leadership positions in
the house for two reasons: To aid in training new members
of the legislature who might fill leadership positions; and,
to help women gain needed experience. She noted 37 other
states have Speaker Pro Tems within the structure of their
legislatures.
Number 287
CHAIRMAN VEZEY asked why Representative B. Davis wanted to
change the current system.
Number 306
REPRESENTATIVE B. DAVIS explained HCR 1 would aid in the
efficiency in the House of Representatives, especially when
the Speaker was unavailable, and it would also aid in
training house leaders.
Number 323
REPRESENTATIVE OLBERG asked who would preside when the
Speaker was absent.
Number 325
REPRESENTATIVE B. DAVIS explained that would be one of the
duties the Speaker Pro Tem would undertake, as well as other
duties the Speaker specified. She explained that under the
current system, the Majority Leader usually took over the
chair, which left a hole in the house leadership.
Number 345
REPRESENTATIVE KOTT asked if the Majority Whip might take
over for the Majority Leader in that situation.
Number 350
REPRESENTATIVE B. DAVIS explained that usually happened, but
it was not effective.
Number 362
CHAIRMAN VEZEY noted the Speaker Pro Tem in other states
usually took over ceremonial duties from the Speaker, which
could lighten the load on the leadership.
Number 372
REPRESENTATIVE B. DAVIS stated she did not create HCR 1 with
ceremonial duties in mind, but the Speaker would have it at
his or her discretion to assign them.
Number 389
REPRESENTATIVE ULMER MOVED passage of HCR 1. Without
objections, HCR 1 was MOVED from committee by a unanimous
vote.
HB 119: AUTHORIZE USE OF DAY FINES IN MISD. CASES
Number 405
CHAIRMAN VEZEY read the title of HB 119 and asked its
sponsor, Representative Fran Ulmer for her comments.
Number 410
REPRESENTATIVE FRAN ULMER, PRIME SPONSOR OF HB 119,
explained the motivation of HB 119 was to deal with the
increasing caseload in the courts and to alleviate prison
overcrowding in Alaska. She explained that under the system
convicts would be fined based on their daily salary, no
violent criminals would be considered under the program, and
judges would have discretion when to employ day fines.
Number 467
REPRESENTATIVE SANDERS asked what would happen to those with
no daily income.
Number 469
REPRESENTATIVE ULMER explained that permanent fund checks
were always available for fine payments, and in most cases,
people had some form of income that could be tracked down.
She noted under the statute, the court could also levy fines
against future earnings, while retaining the option of
either jail time or probation.
Number 488
REPRESENTATIVE KOTT asked if the day fines' statute would
apply for crimes with mandatory sentencing.
REPRESENTATIVE ULMER replied in the negative.
Number 495
REPRESENTATIVE KOTT asked if the plan would discriminate,
since many richer people would be able to walk free under
the plan, while those with no money would not have the
option.
Number 500
REPRESENTATIVE ULMER deferred the question to the Alaska
Court System's representative in attendance.
Number 505
CHARLES S. CHRISTENSEN, III, STAFF COUNSEL, ALASKA COURT
SYSTEM, explained that the State Supreme Court supported the
concept behind HB 119, saying it would give judges more
sentencing discretion, which would alleviate prison
crowding, and simultaneously bring in more money into the
general fund.
Number 520
CHAIRMAN VEZEY asked the number of misdemeanant days
currently being served in Alaska prisons.
MR. CHRISTENSEN referred the committee to the Department of
Corrections, noting inmates might not serve the entire
sentence imposed by the court, since they might earn "good
time" while in custody.
Number 536
REPRESENTATIVE KOTT reiterated his question about rich
people being able to walk away from prison, while poor
people would not have the option to pay.
MR. CHRISTENSEN explained that under the current system, the
highest misdemeanor fine was $5,000. He noted judges tried
to treat similar misdemeanants the same, which meant that
most of the time, $250 fines were routinely handed out,
since most people could afford that. He explained that
meant rich people were getting off far easier than they
might under the day fine system.
Number 563
REPRESENTATIVE KOTT asked what would happen if other
attachments were made to a misdemeanant's permanent fund
check.
MR. CHRISTENSEN explained a priority list for attaching
permanent fund checks for court fines now exists.
Number 582
REPRESENTATIVE KOTT asked if a system was already in place
to impose day fine penalties.
MR. CHRISTENSEN explained a statute passed several years ago
which prohibited the imposition of fines on an ability to
pay basis, and several laws would have to be modified or
repealed.
Number 592
REPRESENTATIVE ULMER concurred with Mr. Christensen's
assessment, and said a bigger problem was that the maximum
fines in Alaska were low, and judges had little discretion
in imposing them.
Number 598
MR. CHRISTENSEN noted under the day fine system, a schedule
to impose fines would be laid out, and the result would be a
more equitable treatment of misdemeanants.
Number 605
CHAIRMAN VEZEY asked if misdemeanants had a right to trial.
MR. CHRISTENSEN replied in the affirmative.
CHAIRMAN VEZEY then asked for an estimate on the cost of a
misdemeanor trial.
Number 612
MR. CHRISTENSEN did not have exact figures, but said the
cost of an average trial would exceed the average
misdemeanor fine of $250.
CHAIRMAN VEZEY reminded Mr. Christensen of an old
misdemeanor penalty that gave defendants the choice of a
$250 fine or five days in jail, which had been struck down.
He asked if day fines would encounter a similar fate.
Number 631
MR. CHRISTENSEN said it would not, because the judge would
have the penalty option, not the defendant.
Number 638
REPRESENTATIVE SANDERS asked if the fines would cover the
costs to the court for instituting the program.
MR. CHRISTENSEN said every estimate he had indicated the
program would pay for itself. In response to an earlier
question by Chairman Vezey, he remembered the cost for a
single trial was about $600.
Number 653
REPRESENTATIVE SANDERS was concerned about poor people
dragging out the process and trying to convince the court
they were too poor to pay a fine.
Number 659
MR. CHRISTENSEN noted about 80% of the misdemeanant cases
heard were defended by public advocates, and defendants were
required to prove their indigence before those advocates
could take their case.
Number 675
REPRESENTATIVE ULMER asked the committee to examine the day
fine report enclosed in their packets, which detailed
Europe's use of day fines, and how the U.S., in contrast,
had imprisoned more people than fining them. She suggested
fines would be far more cost effective than building new
prisons.
Number 693
REPRESENTATIVE G. DAVIS noted several other criminal justice
related bills were in committee, and asked if an omnibus
bill might be possible.
TAPE 93-28, SIDE B
Number 000
REPRESENTATIVE ULMER stated HB 119 was the most promising of
the group of crime bills, and had the most immediate
financial payback to the state.
Number 031
REPRESENTATIVE SANDERS asked for and received reassurances
from Representative Ulmer that day fines would not be an
option for sentencing in violent crimes.
Number 070
CHAIRMAN VEZEY noted the longtime problems with prison
overcrowding and caseloads, and expressed his preliminary
support for HB 119.
REPRESENTATIVE KOTT, speaking as a member of the Sentencing
Commission, agreed with Representative Ulmer that HB 119
seemed to be the most promising bill to come out of the
commission, and MOVED passage. Without objections, HB 119
was moved from committee by a unanimous vote.
HB 142: ENHANCED 911 SYSTEMS
Number 135
CHAIRMAN VEZEY read the title to HB 142 and asked its
sponsor, Representative Ulmer, for her statement.
REPRESENTATIVE FRAN ULMER, PRIME SPONSOR OF HB 142,
explained how 911 systems would be improved through a
voluntary community wide phone tariff. She deferred to two
Alaska fire fighters to provide the committee with more
details about the system.
CHAIRMAN VEZEY called for a five minute at ease at 8:55 a.m.
Number 165
CHAIRMAN VEZEY called the committee back to order at 9:00
a.m. and began taking public testimony.
Number 167
JOHN GEORGE, LOBBYIST, ALASKA STATE FIRE FIGHTERS
ASSOCIATION AND ALASKA STATE FIRE CHIEFS ASSOCIATION,
explained that both groups supported the concept of HB 142,
primarily because it provided a funding mechanism that had
been lacking in the past. He also noted how enhanced 911
systems could become potential lifesavers for people
incapacitated by either injury, sickness or in a fire. He
also noted HB 142 probably needed amending, but did not
specify how.
Number 204
CHAIRMAN VEZEY asked Mr. George if the 50 cents per phone
line charge constituted a tariff, and if the association
could support such a tariff.
Number 206
MR. GEORGE stated he recognized the charges as a tariff and
supported it.
Number 211
CHAIRMAN VEZEY asked if 50 cents per line would be adequate.
Number 217
MR. GEORGE explained how all monies collected would be
dedicated to the system. He found the figure acceptable.
HB 166: ENHANCED 911 SYSTEMS
Number 239
REPRESENTATIVE OLBERG informed the committee he had heard a
similar bill in the House Community and Regional Affairs
Committee, HB 166, where the 50 cents figure was projected
to raise between $800,000 and $1.2 million, and explained he
would like to see the line charge increased.
REPRESENTATIVE ULMER was open to amending HB 142.
Number 278
LARRY FANNING, CHIEF OF CAPITOL CITY FIRE/RESCUE, testified
in favor of increasing the amount to fund more sophisticated
911 reporting equipment. He asserted crews could respond
more effectively with such equipment, and suggested an
amendment to effect the change.
Number 309
REPRESENTATIVE OLBERG offered to serve on a subcommittee to
investigate the differences and similarities of HB 142 and
HB 166.
Number 314
REPRESENTATIVE ULMER asked how many calls were generated in
Juneau or in the state annually.
MR. FANNING stated Juneau police received about 20,000 calls
each year, but the system only provided dispatchers with the
number the call came from and not the address, a feature he
advocated to save time.
Number 355
REPRESENTATIVE ULMER asked the amount needed to construct
such a system.
MR. FANNING stated it would cost $2.3 million in equipment
alone, with no personnel costs factored in.
Number 365
REPRESENTATIVE KOTT asked committee members if such a tariff
constituted a dedicated fund.
Number 370
REPRESENTATIVE ULMER explained at length why a fund such as
this would be a tariff, but because the legislature would
re-appropriate the fund every year, it did not constitute a
dedicated fund.
Number 417
REPRESENTATIVE KOTT asked if the 50 cent line charge would
apply to businesses on every extension they owned.
REPRESENTATIVE ULMER explained the charge would apply only
to the first 100 lines owned.
ADJOURNMENT
Number 451
CHAIRMAN VEZEY adjourned the meeting at 9:18 a.m.
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