Legislature(1999 - 2000)
04/20/2000 09:10 AM FIN
* first hearing in first committee of referral
= bill was previously heard/scheduled
= bill was previously heard/scheduled
HOUSE CS FOR CS FOR SENATE BILL NO. 4(JUD) An Act relating to victims' rights; relating to establishing an office of victims' rights; relating to compensation of victims of violent crimes; relating to eligibility for a permanent fund dividend for persons convicted of and incarcerated for certain offenses; relating to notice of appropriations concerning victims' rights; amending Rule 16, Alaska Rules of Criminal Procedure, Rule 9, Alaska Delinquency Rules, and Rule 501, Alaska Rules of Evidence; and providing for an effective date. DONALD STOLTZE, STAFF, SENATOR RICK HALFORD, explained the changes done on the proposed legislation since the last meeting. Representative Phillips asked to change language in Amendment #1, Page 1, Line 22, deleting the "Department of Public Safety" and inserting the "Office of the Governor". She advised that this change would need to be made throughout the entire bill. [Copy on File]. Representative Phillips MOVED to ADOPT Amendment #1, 1- LS0029\M.2, Luckhaupt, 4/19/00. There being NO OBJECTION, the amendment was adopted. Representative Phillips MOVED to ADOPT Amendment #2 which would place a 4-year sunset clause on the legislation. That would result in a new section, number #13. The sunset date would be June 30, 2004. There being NO OBJECTION, it was adopted. MIKE TIBBLES, STAFF, REPRESENTATIVE GENE THERRIAULT, was requested to join the Committee to explain previous action taken in the committee substitute on the conforming amendment. Mr. Tibbles noted that the work draft that was adopted included a provision that required that victims "shall", to the maximum extend practicable, conduct duties contractually. The intent was to direct them to contract out their services with non-profit organizations. He noted that Amendment #1 did not include that language. Mr. Tibbles pointed out that references in the original work draft had been made to the offices rather than the individual. Co-Chair Therriault proposed an amendment which would include that into the proposed bill. The change would be to Page 5, Amendment #1. Mr. Tibbles recommended that language be included under Article 2A, duties of the office. He noted that it would be a new subsection and that it could be added into Subsection (a) or be a new Subsection (f). Co-Chair Therriault MOVED conceptual Amendment #3, which would utilize the concept in the "N" version and would add a new section calling for the contracting out provision. There being NO OBJECTION, it was adopted. Representative J. Davies MOVED to AMEND the proposed legislation, replacing references to the Governor's Office with the Ombudsmen's Office. Representative Phillips OBJECTED. She advised that had been considered but noted that the State's Ombudsmen's Office can not serve as an advocacy office. Representative Phillips pointed out that the proposed function is one of advocacy. She reiterated that consideration had already been made. Representative J. Davies pointed out that Office does operate as an advocate of that function and that they should be able to make the determination. He believed that the role of the two agencies was "thin". Representative Phillips reiterated that those issues had been examined. An advocacy organization does not have the authority to use the services of the Ombudsmen's Office. Representative J. Davies WITHDREW the MOTION to amend. Representative G. Davis recommended shortening the sunset by two years. He MOVED to ADOPT Amendment #4, which would sunset the legislation in 2002. Mr. Stoltze interjected that the funding mechanism does not begin until that year. He believed such a sunset would be premature. Representative G. Davis WITHDREW his MOTION to amend. Mr. Tibbles spoke to the new fiscal notes contained in member's packets submitted by the Department of Corrections, Department of Law, and zero notes by Department of Administration, Department of Public Safety and Legislative Affairs Agency. Representative J. Davies asked if anyone had spoken to the Governor's Office regarding the fiscal impact to that Office. Representative Phillips indicated that she had not. Representative J. Davies voiced concern that there had not been a fiscal note submitted by the Governor. Co-Chair Therriault advised that the costs provided by Legislative Council would be moved to the Office of the Governor. Representative Foster MOVED to report HCS CS SB 4 (FIN) out of Committee with individual recommendations and with the accompanying fiscal notes. Vice Chair Bunde OBJECTED for comment on the fiscal notes. He noted the fiscal size of the notes and questioned if that money was best-spent on victims or better spent somewhere else. Vice Chair Bunde WITHDREW his OBJECTION. There being NO further OBJECTION, it was so ordered. HCS CS SB 4 (FIN) was reported out of Committee with a "no recommendation" and with new fiscal notes by the Department of Corrections, Department of Law and the Office of the Governor and zero notes by the Department of Administration, Department of Public Safety and Legislative Affairs Agency.