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." Heath Hilyard, Staff, Representative Tom Anderson, explained that CSHB 384 (JUD), Version I, is before the committee today. The bill amends the fines and fee structure for a number of criminal statutes. It was brought to the sponsor by the Department of Public Safety. The Department of Fish and Game also was interested in including appropriate references to fines for misdemeanors. It was important to draft the bill to address both. He noted that there were two changes made by the Judiciary Committee to two sections in the original bill that referred to fines and fees with regard to violations by orders by the Labor Relations Board. He spoke of confusion by the Department of Labor and the Board, which resulted in those sections being removed. The title was also tightened. Co-Chair Meyer pointed out that there are no fiscal impact notes. Mr. Hilyard deferred to the departments to answer that question. 9:38:46 AM Representative Hawker asked about a section that is no longer in statute. Mr. Hilyard offered to amend the bill to deal with that section, but said he would leave it in for now. Representative Hawker asked if the death penalty would be within the scope of the single subject rule. Mr. Hilyard said he could not say. 9:41:19 AM Representative Weyhrauch asked if those who are charged for crimes prior to the effective date in this bill are subject to penalties in the bill or to penalties in the law in effect before July 2006. DEAN GUANELI, CHIEF ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF LAW, answered that they would be subject to the existing penalties, before the effective date of the Act. Representative Weyhrauch asked if it would apply even if they have only been charged and not convicted. Mr. Guaneli replied that is correct. Representative Hawker asked if something in a felony class would fit within the subject of this bill with a change of title. Mr. Guaneli replied that a single subject of fines certainly describes the bill as a whole. He thought if the penalty were limited to fines, a felony would fit. Representative Hawker asked about previous testimony on SB 218 and a situation where a penalty is increased within the child abuse statutes and is now greater than the penalty for Murder II. He wondered if the bill would be a vehicle to correct that imbalance by raising the penalty on Murder II. Mr. Guaneli responded that Alaska Courts give the legislature broad authority to include, within bills, matters that fit within fairly broad subjects. He addressed the single subject of the bill. He stated if that new language were to be included, it would read "fines and criminal penalties", which would be sufficiently broad and be upheld by the courts. A clear title such as in this bill would not be a problem for the courts. 9:45:43 AM Representative Holm took issue with the statement that the court system gives the legislature authority. He maintained that the legislature has its own constitutionally mandated authority. Co-Chair Meyer asked Mr. Guaneli to address the fiscal notes. Mr. Guaneli responded that the fiscal notes are all fines imposed by the court system upon conviction of some offense. Many are infractions for violations or misdemeanor offenses. These are fines imposed by the court system that ordinarily go into the general fund and no particular agency receives them. The Department of Fish and Game has some authority to receive funds from fines, subject to legislative appropriation. The fiscal notes are accurate and the money does not go to the departments. Representative Hawker noted that he does not see an indication that there would be a change in state revenues due to these fines. He suggested that the revenues be indeterminate rather than zero. Mr. Guaneli said he could not argue with that. He agreed that there might be an increase in the general fund. Co-Chair Meyer agreed that it would be more accurate to have indeterminate notes. 9:50:28 AM Co-Chair Meyer asked if Representative Hawker was referring earlier to another bill's passage, HB 380. Representative Hawker reiterated that if HB 380 passes, Section 3 would no longer be in effect. Representative Hawker MOVED to CHANGE the fiscal notes, as appropriate, to indeterminate notes. There being NO OBJECTION, it was so ordered. 9:52:02 AM Representative Foster MOVED to REPORT CSHB 384 out of Committee with individual recommendations and with the accompanying indeterminate fiscal note. There being NO OBJECTION, it was so ordered. CSHB 384 (JUD) was REPORTED out of Committee with a "no recommendation" and with a new indeterminate fiscal note by the Office of the Governor. 9:53:06 AM