HOUSE BILL NO. 187 An Act relating to the destruction, desecration, and vandalism of cemeteries and graves. REPRESENTATIVE JIM WHITTAKER introduced his Chief of Staff, Lori Backes. He noted that under the current Alaska Statutes, there are no provisions relating to the vandalism or desecration of modern cemeteries and memorials. LORI BACKES, STAFF, REPRESENTATIVE JIM WHITAKER, commented that acts of vandalism are currently punishable under statutes that relate to criminal mischief, however, the degree of crime centers around monetary value of the damage and does not recognize the personal insult and emotional injury to a family, community or tribe that has suffered when these areas are vandalized. Ms. Backes noted that HB 187 clearly states that it is a crime of criminal mischief in the second degree if a person intentionally abuses these sites. The bill would insert language into statutute making it a crime of criminal mischief in the second degree. Recognizing that there may be circumstances where memorials, tombs or gravesites must be altered, moved or removed, HB 187 places into statute an affirmative defense if the defendant is an employee of the cemetery acting on behalf of the cemetery or is "otherwise authorized by law to engage in the conduct. Vice-Chair Bunde asked how the legislation would impact archeological digs. Ms. Backes explained that Representative Whitaker's office had been in contact with the University of Alaska's Anthropology Department and they have no problem with the wording of the legislation. They are already protected under laws that allow them to obtain State permits and/or federal permits if the sites are on federal land. Vice-Chair Bunde asked if the legislation would give false hope to certain Native groups that think that archeological digs would stop with passage of the legislation. Ms. Backes replied that the legislation would not give them false hope. Burial sites are already protected under the Preservation Act. The hope that the bill is attempting to give is that there will be some type of penalty that a person could be charged with if a person were to damage a modern cemetery. The bill's verbiage does not address the historic sites. Representative Whitaker added that the bill was not all encompassing and that it should not be misconstrued to be. Representative Croft asked the appeal portion found in AS 41.25.200©. Ms. Backes replied that statute was the portion of statute intended to protect gravesites, however, it had been placed under the Alaska Historic Preservation Act. The concern with that is that it would mainly protect historical burial sites, not modern cemeteries. The proposed bill would move the protection to another statute. Representative Croft referenced Page 2, Line 18, noting that the exception when on a State permit. He asked when on federal land, would the archeological digs have to obtain both a State and federal permit. Ms. Backes explained that on federal land, they would not need to obtain a State permit. She stated that the bill drafter suggests that the language "authorized by law" would cover that concern. Representative Davies asked what the penalty for crime of criminal mischief in the second degree would be classified as. Ms. Backes advised that penalty would be a Class C felony and would result up to five years in prison and a $50,000 dollar fine. Representative Whitaker interjected that it was intentional to raise it to that level. He noted that there had been extensive hearings in the House Judiciary Committee regarding those concerns. He added that there would be no fiscal impact. Representative Hudson MOVED to report CS HB 187 (JUD) out of Committee with individual recommendations and the fiscal notes. Representative Harris asked the reason for the indeterminate fiscal note by the Department of Administration. Ms. Backes explained that it was indeterminate because the Department is not certain how often there would be prosecuted cases coming forward and what those costs would be. There being NO OBJECTION, it was so ordered. CS HB 187 (JUD) was reported out of Committee with a "do pass" recommendation and with zero fiscal notes by the Department of Law dated 4/10/01, the Alaska Court System dated 4/10/01, and Department of Administration dated 4/10/01.