HOUSE FINANCE COMMITTEE February 3, 1994 1:34 p.m. TAPE HFC 94-23, Side 2, #000 - end. TAPE HFC 94-24, Side 1, #000 - end. CALL TO ORDER Co-Chair Larson called the House Finance Committee to order at 1:34 p.m. PRESENT Co-Chair Larson Representative Hoffman Co-Chair MacLean Representative Martin Vice-Chair Hanley Representative Navarre Representative Brown Representative Parnell Representative Foster Representative Therriault Representative Grussendorf ALSO PRESENT Frank Homan, Commissioner, Commercial Fisheries Entry Commission; Jerry Luckhaupt, Legislative Legal Counsel, Legislative Affairs Agency; Caren Robinson, Alaska Network on Domestic Violence and Sexual Assault; Cindy Smith, Director, Alaska Network on Domestic Violence and Sexual Assault; Jayne Andrew, Council on Domestic Violence and Sexual Assault; Jerry McCune, United Fishermen's Association; George Dozier, Staff, Representative Pete Kott; Margot Knuth, Criminal Division, Department of Law; John Bitney, Staff, Representative Larson. SUMMARY INFORMATION HB 230 "An Act relating to fees for commercial fishing licenses and permits." CSHB 230 (FIN) was reported out of Committee with a "do pass" recommendation and with a fiscal impact note by the Department of Fish and Game. HB 231 "An Act relating to aggravating and mitigating factors at sentencing." CSHB 231 (JUD) was HELD in Committee for further discussion. Co-Chair Larson provided members with work draft 8-LS1628\A, dated 1/29/94: "An Act reducing certain appropriations for fiscal year 1994; and providing for an effective date" (copy 1 on file). He declared his intentions to introduce the legislation on behalf of the House Finance Committee. There were no objections from members of the House Finance Committee. He further explained that the proposed bill would allow the Committee to consider reductions in the FY 94 budget. The legislation includes a 1 percent reduction for the last four months of Department's FY 94 budgets. Some formula programs and programs with statutory funding levels would be held harmless. In response to a question by Representative Brown, Representative Larson noted that general fund program receipts would be included. Representative Brown expressed support for the legislation but noted that some programs are already under-funded. She pointed out that the Office of Public Advocacy and Public Defender Agency will need FY 94 supplemental funding. She questioned the exemption of the Alaska Energy Authority (AEA). HOUSE BILL NO. 230 "An Act relating to fees for commercial fishing licenses and permits." REPRESENTATIVE CARL MOSES explained that CSHB 230 (RES) would provide a more equitable distribution of commercial fishing vessel licensing fees. He emphasized that under current law a 14 foot skiff is charged the same as a 250 foot vessel. He observed that the United Fishermen of Alaska support CSHB 230 (RES). He pointed out that the effective date needs to be changed from 1994 to 1995. Representative Hanley noted that language regarding a reduction in fee costs for a two year licence purchase was deleted. In response to a question by Representative Parnell, Representative Moses noted that vessel license fees would be at the following schedule: * 0-25 feet ....................$20 * 25-50 feet....................$50 * 50-75 feet....................$100 * 75-150 feet...................$250 * 150-250 feet..................$500 * over 251 feet.................$750. JERRY MCCUNE, PRESIDENT, UNITED FISHERMEN OF ALASKA spoke in support of CSHB 230 (RES). He asserted that the fishing industry is paying its way. He observed that the current 2 vessel fees have not been changed since 1978. Co-Chair Larson noted that according to research by the House Research Agency, the State of Alaska receives approximately a 75 percent return of its fisheries resource investments. Representative Navarre noted that if the shared fish tax was included in the calculation, the return on the State's investment would be closer to 132 percent. FRANK HOMAN, COMMISSIONER, COMMERCIAL FISHERIES ENTRY COMMISSION explained that vessels could be licensed for two years at twice the yearly cost. Representative Therriault MOVED to ADOPT the language "one- year or two-year" on page 1, line 8, after "a". Representative Parnell asked if regulations could address the issue of one or two year fees. Representative Navarre MOVED to AMEND Amendment 1 to delete "year" after "one". The amendment would read "one or two year". There being NO OBJECTION, it was so ordered. Co-Chair Larson MOVED to delete "1994" and insert "1995" on page 2, line 13. There being NO OBJECTION, it was so ordered. Representative Martin noted that there would not be an incentive to license vessels for two years if the previous discount is not offered. Mr. Homan observed that few licenses had been purchased under the two year discount. He noted that the Commission did not anticipate that many vessels would be licensed under the two year option in the future. Representative Navarre MOVED to report CSHB 230 (FIN) out of Committee with individual recommendations and with the accompanying fiscal notes. There being NO OBJECTION, it was so ordered. CSHB 230 (FIN) was reported out of Committee with a "do pass" recommendation and with a fiscal impact note by the Department of Fish and Game. HOUSE BILL NO. 231 "An Act relating to aggravating and mitigating factors at sentencing." 3 GEORGE DOZIER, STAFF, REPRESENTATIVE PETE KOTT explained that CSHB 231 (JUD) modifies an aggravating factor and establishes a mitigating factor for purposes of presumptive sentencing. He noted that current law provides that if a defendant is convicted of a sex crime against a minor and has engaged in the same or similar conduct there is an aggravating factor. There is also an aggravating factor if the defendant is convicted of sexual assault and previously engaged in a sexual assault. There is not an aggravating factor pertaining to a defendant that has committed sexual abuse of a minor and previously committed sexual assault against an adult. Section 1 would add an aggravating factor if a defendant is subject to sentencing for a felony sex crime and has violated any other sexual crime statute. Mr. Dozier explained that a mitigating factor would be added when a defendant is being sentenced for a felony and a prior felony offense has triggered a presumptive sentence, when the prior felony offense is of a less serious nature. Mr. Dozier noted that section three which referred to a three judge panel was deleted by the House Judiciary Committee. JAYNE ANDREN, COUNCIL DOMESTIC VIOLENCE AND SEXUAL ASSAULT spoke in support of section 1 of the legislation. She suggested that language be added to section 2 to prohibit the mitigator in cases where the prior or current conviction concerns an offense covered by Alaska Statutes 11.41, Crimes Against Persons. CAREN ROBINSON, ALASKA NETWORK ON DOMESTIC VIOLENCE AND SEXUAL ASSAULT spoke in support of section 1. She also recommended that language be added to section 2 to prohibit the mitigator in cases where the prior or current conviction concerns an offense covered by Alaska Statutes 11.41. She noted that AS 11.41 are crimes of murder, manslaughter, assault, sexual assault, sexual abuse of a minor, kidnapping, and other serious crimes. She observed that charges may be pleaded down. Representative Brown referred to a letter to Representative Kott from the Alaska Sentencing Commission, dated 3/25/94 (copy on file). She noted that the Commission recommended that the "legislative history reflect that this factor should not be applied if it would reward an escalating pattern of behavior or criminal career." MARGOT KNUTH, CRIMINAL DIVISION, DEPARTMENT OF LAW suggested that a intent section could be added to the legislation. She noted that if the mitigator is not adopted, a judge would have to send a case that do not compel the presumptive 4 sentence to a three judge panel. She argued that the mitigator would allow the judge's discretion. She gave examples of cases which would trigger the mitigator. A first offense robbery of under $500 and a second offense of sexual assault would trigger the mitigator. In response to a question by Representative Therriault, Ms. Knuth noted that the judge can not reduce the presumptive sentence by more than half without going to a three judge panel. Representative Brown provided members with AMENDMENT 1 (copy on file). Amendment 1 would insert on page 2, line 6 after "offense", "unless the prior conviction and the present offense are violations of AS 11.41." Ms. Knuth pointed out that the amendment would pertain to more cases if the "and" is changed to "or". (Tape Change, HFC 94-24, Side 1) Representative Hanley noted that, under the second presumptive sentence mitigator, a presumptive sentence could be reduced to less than the penalty of the first time offense. CINDY SMITH, DIRECTOR, ALASKA NETWORK ON DOMESTIC VIOLENCE AND SEXUAL ASSAULT stated that mitigators should not be allowed in cases involving crimes against persons. She suggested that "or" would allow more cases to be exempt from the mitigator. Representative Brown elected to changed "and" to "or" before offering her amendment. Representative Brown MOVED to ADOPT, Amendment 1: Insert on page 2, line 6 after "offense", "unless the prior conviction or the present offense are violations of AS 11.41." There being NO OBJECTION, it was so ordered. JERRY LUCKHAUPT, LEGAL COUNSEL, LEGISLATIVE AFFAIRS AGENCY clarified that section 2 was added at the request of the Alaska Sentencing Commission. He observed that under current law a defendant convicted of two class A felonies would receive the same penalty as a defendant convicted of a class C first offense and a class A second offense. He stressed that only class A, B and C felonies are included. Unclassified felonies are not included. In response to a question by Representative Navarre, Mr. Luckhaupt discussed the burden of proof. Mr. Luckhaupt questioned the rationale for a letter of intent. 5 Representative Brown suggested that the title should reflect the contents of the legislation. Representative Hanley MOVED to delete section 2. He stressed that the option to receive less time than the first offense penalty should not exist under a mitigator second felony offense. Ms. Knuth assured him that a reasonable judge would not issue a lesser penalty than what a first offense would require. She added that additional mitigating factors allow judges more flexibility. She noted that judges can send cases to a three judge panel if they question the presumptive sentence. Co-Chair Larson OBJECTED to the motion to delete section 2 from CSHB 231 (JUD). A roll call vote was taken on the motion. IN FAVOR: Brown, Grussendorf, Hoffman, Navarre, Foster, Hanley, Martin, Therriault, MacLean OPPOSED: Larson Representative Parnell was not present for the vote. The MOTION PASSED (9-1). Co-Chair Larson noted that CSHB 231 (JUD) would be HELD in Committee for further discussion in regards to the bills title. ADJOURNMENT The meeting adjourned at 2:41 p.m. 6