Legislature(2003 - 2004)

02/21/2003 02:10 PM JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
HB 23 - RESTITUTION FOR CRIME VICTIMS                                                                                         
                                                                                                                                
Number 0036                                                                                                                     
                                                                                                                                
CHAIR McGUIRE announced that the  next order of business would be                                                               
HOUSE BILL NO. 23, "An  Act relating to court-ordered restitution                                                               
and compensation  following a criminal conviction."   [Before the                                                               
committee was the  proposed committee substitute (CS)  for HB 23,                                                               
Version 23-LS0134\D, Ford,  1/29/03, which was adopted  as a work                                                               
draft on 2/14/03.]                                                                                                              
                                                                                                                                
Number 0070                                                                                                                     
                                                                                                                                
PAMELA  LaBOLLE,  President,  Alaska State  Chamber  of  Commerce                                                               
(ASCC), testified  in support of  HB 23.   She surmised  that all                                                               
chambers of  commerce are nonprofit organizations,  and that they                                                               
have to rely on volunteers to  help with all of their activities.                                                               
She  said that  speaking from  personal experience,  the task  of                                                               
rebuilding  a  set  of  books   in  order  to  find  evidence  of                                                               
embezzlement is very  costly and time consuming.   This task must                                                               
be  done,  however,  in  order   to  even  begin  prosecuting  an                                                               
embezzlement  case,  because  the  amount of  the  loss  must  be                                                               
determined  first.    She  relayed that  sometimes  the  cost  of                                                               
looking  for evidence  is more  than the  amount embezzled.   She                                                               
reiterated that the ASCC is in favor of HB 23.                                                                                  
                                                                                                                                
CHAIR McGUIRE closed the public hearing on HB 23.                                                                               
                                                                                                                                
Number 0305                                                                                                                     
                                                                                                                                
REPRESENTATIVE   BRUCE  WEYHRAUCH,   Alaska  State   Legislature,                                                               
sponsor, relayed  that since the  last hearing  on HB 23,  he has                                                               
had  a chance  to work  with  committee members,  members of  the                                                               
public,  and   representatives  from  the  judicial   branch  and                                                               
executive branch in  creating some amendments.  He  noted that he                                                               
has reviewed those amendments and has no objection to them.                                                                     
                                                                                                                                
Number 0429                                                                                                                     
                                                                                                                                
REPRESENTATIVE  ANDERSON  made a  motion  to  adopt Amendment  1,                                                               
which   read  [original   punctuation  provided   but  formatting                                                               
changed]:                                                                                                                       
                                                                                                                                
     Section 1. AS 12.55.045(a)                                                                                                 
                                                                                                                                
     Page 1, Line 10, after "of" insert                                                                                         
     identifiable and measurable                                                                                                
                                                                                                                                
     Page 2, Line 11, after "of" insert                                                                                         
     identifiable and measurable                                                                                                
                                                                                                                                
REPRESENTATIVE WEYHRAUCH indicated  that although he'd originally                                                               
provided the committee  with that amendment, he  no longer wished                                                               
to offer it.                                                                                                                    
                                                                                                                                
Number 0491                                                                                                                     
                                                                                                                                
REPRESENTATIVE ANDERSON withdrew Amendment 1.                                                                                   
                                                                                                                                
Number 0581                                                                                                                     
                                                                                                                                
REPRESENTATIVE   GRUENBERG,    after   seeking    and   receiving                                                               
verification that they were speaking to  Version D of HB 23, made                                                               
a  motion  to adopt  a  new  Amendment  1, which  read  [original                                                               
punctuation provided but formatting changed]:                                                                                   
                                                                                                                                
     Section 1.  AS 12.55.045(a)                                                                                                
                                                                                                                                
          1    Page 1, line 10, delete                                                                                          
               volunteer                                                                                                        
                                                                                                                                
          2    Page 1, line 10, after "value of" insert                                                                         
               voluntarily provided goods or                                                                                    
                                                                                                                                
CHAIR  McGUIRE asked  whether there  were any  objections to  new                                                               
Amendment 1.  There being no objection, Amendment 1 was adopted.                                                                
                                                                                                                                
Number 0599                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG made  a  motion to  adopt Amendment  2,                                                               
which   read  [original   punctuation  provided   but  formatting                                                               
changed]:                                                                                                                       
                                                                                                                                
     Section 1.  AS 12.55.045(a)                                                                                                
                                                                                                                                
          1    Page 1, line 10, after "victim" insert                                                                           
               if the victim is a nonprofit organization                                                                        
                                                                                                                                
CHAIR  McGUIRE  asked  whether   there  were  any  objections  to                                                               
Amendment 2.  There being no objection, Amendment 2 was adopted.                                                                
                                                                                                                                
Number 0608                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG made  a  motion to  adopt Amendment  3,                                                               
which   read  [original   punctuation  provided   but  formatting                                                               
changed]:                                                                                                                       
                                                                                                                                
     Section 1.  AS 12.55.045(a)                                                                                                
                                                                                                                                
          1    Page 1, line 10, after "incurred" insert                                                                         
               that was necessary                                                                                               
                                                                                                                                
          2    Page 2, line 11, after "incurred" insert                                                                         
               that was necessary                                                                                               
                                                                                                                                
CHAIR  McGUIRE  asked  whether   there  were  any  objections  to                                                               
Amendment 3.  There being no objection, Amendment 3 was adopted.                                                                
                                                                                                                                
Number 0661                                                                                                                     
                                                                                                                                
REPRESENTATIVE GARA  made a  motion to  adopt Amendment  4, which                                                               
would, on page 1, line 10,  after "value of", insert the words "a                                                               
victim's, or  agent of a  victim's"   He opined that  Amendment 4                                                               
would  ensure, as  the  sponsor  intends, that  the  value of  an                                                               
organization's volunteer labor is compensated.                                                                                  
                                                                                                                                
CHAIR  McGUIRE  asked  whether   there  were  any  objections  to                                                               
Amendment 4.  There being no objection, Amendment 4 was adopted.                                                                
                                                                                                                                
Number 0697                                                                                                                     
                                                                                                                                
REPRESENTATIVE ANDERSON  moved to  report the  proposed committee                                                               
substitute (CS)  for HB 23,  Version 23-LS0134\D,  Ford, 1/29/03,                                                               
as amended, out of committee  with individual recommendations and                                                               
the accompanying  fiscal note.   There  being no  objection, CSHB
23(JUD)   was  reported   from  the   House  Judiciary   Standing                                                               
Committee.                                                                                                                      
                                                                                                                                

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