Legislature(2019 - 2020)

2019-01-23 Senate Journal

Full Journal pdf

2019-01-23                     Senate Journal                      Page 0079
                                                                                                                                
                                SENATE JOURNAL                                                                               
                                                                                                                                
                           ALASKA STATE LEGISLATURE                                                                          
                                                                                                                                
                           THIRTY-FIRST LEGISLATURE                                                                          
                                                                                                                                
                                FIRST SESSION                                                                                
                                                                                                                                
Juneau, Alaska Wednesday January 23, 2019                                                                                     
                                                                                                                                
                                  Ninth Day                                                                                  
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the Senate was called to order by President                                                             
Giessel at 11:03 a.m.                                                                                                           
                                                                                                                                
The roll showed nineteen members present. Senator Hoffman was                                                                   
excused from a call of the Senate.                                                                                              
                                                                                                                                
The prayer was offered by the Chaplain, Gordon Krueger, Senate                                                                  
Assistant Sergeant-at-Arms. Senator Coghill moved and asked                                                                     
unanimous consent the prayer be spread. Without objection, it was so                                                            
ordered.                                                                                                                        
                                                                                                                                
          Dear Lord,                                                                                                            
                                                                                                                                
          I have heard it said, "Life is change." Please give us                                                                
          the strength and flexibility to accept and embrace the                                                                
          constant change that life brings and wisdom to                                                                        
          capture joy where we find it.                                                                                         
                                                                                                                                
                          In your name,        Amen.                                                                           
                                                                                                                                
Senator Coghill led the Senate in the Pledge of Allegiance.                                                                     
                                                                                                                                
                                                                                                                                
                                Certification                                                                                
                                                                                                                                
Senator Costello moved and asked unanimous consent the journal for                                                              
the eighth legislative day and Senate and House Joint Journal                                                                   
Supplement No. 1 be approved as certified by the Secretary. Without                                                             
objection, it was so ordered.                                                                                                   
                                                                                                                                

2019-01-23                     Senate Journal                      Page 0080
                                Communications                                                                               
                                                                                                                                
The following reports are on file in the Office of the Secretary of the                                                         
Senate:                                                                                                                         
                                                                                                                                
Alaska Court System                                                                                                             
Annual Report FY 2018                                                                                                           
in accordance with AS 22.20.310                                                                                                 
                                                                                                                                
Department of Commerce, Community and Economic Development                                                                      
 Alaska Energy Authority                                                                                                        
 Basic Financial Statements and Schedules, June 30, 2018                                                                        
 With Independent Auditors' Report Thereon                                                                                      
 in accordance with AS 44.83.940                                                                                                
                                                                                                                                
 Alaska Industrial Development and Export Authority                                                                             
 Basic Financial Statements and Schedules, June 30, 2018                                                                        
 With Summarized Financial Information for June 30, 2017                                                                        
 With Independent Auditors' Report Thereon                                                                                      
 in accordance with AS 44.88.205                                                                                                
                                                                                                                                
                                                                                                                                
                  Introduction and Reference of Senate Bills                                                                 
                                                                                                                                
SB 29                                                                                                                         
SENATE BILL NO. 29 BY SENATOR STEDMAN, entitled:                                                                                
                                                                                                                                
             "An Act extending the termination date of the Board                                                               
           of Marine Pilots; and providing for an effective date."                                                             
                                                                                                                                
was read the first time and referred to the Labor and Commerce and                                                              
Finance Committees.                                                                                                             
                                                                                                                                
SB 30                                                                                                                         
SENATE BILL NO. 30 BY SENATOR STEVENS, entitled:                                                                                
                                                                                                                                
             "An Act establishing the middle college program for                                                               
            public school students; and relating to the powers of                                                              
          the University of Alaska."                                                                                            
                                                                                                                                
was read the first time and referred to the Education and Finance                                                               
Committees.                                                                                                                     
                                                                                                                                

2019-01-23                     Senate Journal                      Page 0081
SB 31                                                                                                                         
SENATE BILL NO. 31 BY SENATOR STEVENS, entitled:                                                                                
                                                                                                                                
          "An Act relating to the transferability of academic                                                                   
          credit for specified courses among postsecondary                                                                      
          education programs; and relating to the Board of                                                                      
          Regents of the University of Alaska."                                                                                 
                                                                                                                                
was read the first time and referred to the Education and Finance                                                               
Committees.                                                                                                                     
                                                                                                                                
SB 32                                                                                                                         
SENATE BILL NO. 32 BY THE SENATE RULES COMMITTEE                                                                                
BY REQUEST OF THE GOVERNOR, entitled:                                                                                           
                                                                                                                                
          "An Act relating to criminal law and procedure;                                                                       
          relating to controlled substances; relating to                                                                        
          probation; relating to sentencing; relating to reports                                                                
          of involuntary commitment; amending Rule 6,                                                                           
          Alaska Rules of Criminal Procedure; and providing                                                                     
          for an effective date."                                                                                               
                                                                                                                                
was read the first time and referred to the Judiciary and Finance                                                               
Committees.                                                                                                                     
                                                                                                                                
The following fiscal information was published today:                                                                           
 Fiscal Note No. 1, zero, Department of Public Safety                                                                           
 Fiscal Note No. 2, Department of Law                                                                                           
 Fiscal Note No. 3, indeterminate, Department of Administration                                                                 
 Fiscal Note No. 4, indeterminate, Department of Administration                                                                 
 Fiscal Note No. 5, zero, Department of Health and Social Services                                                              
 Fiscal Note No. 6, Department of Corrections                                                                                   
                                                                                                                                
Governor's transmittal letter dated January 22:                                                                                 
                                                                                                                                
Dear Senate President Giessel:                                                                                                  
                                                                                                                                
Under the authority of Article III, Section 18, of the Alaska                                                                   
Constitution, I am transmitting a bill relating to the classification of                                                        
crimes, sentencing, and probation.                                                                                              
                                                                                                                                

2019-01-23                     Senate Journal                      Page 0082
By far, the most serious threat facing Alaska is crime. In 2017, the rate                                                       
of crime increased across all major categories from 2016 – violent                                                              
crimes, including murder, rape, robbery, and assault increased by                                                               
seven percent; property crimes such as car theft and burglary rose by                                                           
six percent. These statistics are even more dramatic when compared to                                                           
the rate of crime in 2013. In 2017, property crime was up by                                                                    
22 percent and violent crime was up 34 percent when compared to                                                                 
crime statistics from 2013. Alaskans do not feel safe in their homes,                                                           
businesses are being targeted, and communities are impacted by                                                                  
senseless acts of violence.                                                                                                     
                                                                                                                                
One major event occurred as the rate of crime began to rise – the                                                               
passage of Senate Bill 91 (SB 91). SB 91 has limited our ability to                                                             
address the increase in crime and how we deal with criminals. Most                                                              
importantly, SB 91 has contributed to the loss of public trust in our                                                           
criminal justice system and our ability to keep Alaskans safe.                                                                  
                                                                                                                                
We need to ensure that public safety officers, prosecutors, courts, and                                                         
correctional institutions have the tools they need to keep our                                                                  
communities safe and we need to send the message to criminals that                                                              
Alaskans will no longer be victims. We need a strong criminal justice                                                           
system – not a weak one. We must repeal SB 91 and put in place laws                                                             
that protect Alaskans from those who choose to harm them.                                                                       
                                                                                                                                
This bill repeals provisions of SB 91 that relate to the classification of                                                      
crimes, sentencing, and probation of offenders. Measures in this bill                                                           
will increase sentencing and probation lengths for most offenses,                                                               
create additional tools which will allow the State to identify repeat                                                           
offenders and those that threaten others, strengthen penalties for drug                                                         
traffickers that prey on Alaskans through the distribution of drugs, and                                                        
finally, create efficiencies within the criminal justice system – giving                                                        
our prosecutors and courts the tools they need.                                                                                 
                                                                                                                                
Increased Sentencing Ranges and Probation Lengths                                                                           
This bill will reenact the sentencing ranges that were in law prior to                                                          
the passage of SB 91 which will effectively increase the range of                                                               
sentences by approximately two years for most Class A, B, and C                                                                 
felonies. The bill will remove the 30-day sentencing cap for                                                                    
misdemeanors and, once again, give judges the discretion to sentence a                                                          
person who is convicted of a Class A misdemeanor to up to one year                                                              

2019-01-23                     Senate Journal                      Page 0083
in jail. It will return the maximum sentence for Class B misdemeanors                                                           
to 90 days. Likewise, maximum probation lengths are returned to                                                                 
lengths allowable before the passage of SB 91. The maximum                                                                      
probation term for sex offenders will be 25 years and the maximum                                                               
probation term for all other offenses will be 10 years. The increased                                                           
sentencing ranges and probation terms will allow judges the discretion                                                          
to impose sentences that are appropriate for the conduct and                                                                    
circumstances of each case.                                                                                                     
                                                                                                                                
Additional Tools to Address Repeat Offenders and Threats                                                                    
The State’s current laws are inadequate when it comes to addressing                                                             
threats made to others – especially in our schools. In this digital age,                                                        
threats can be communicated through numerous platforms and can                                                                  
have a devastating impact on those who receive them. The bill                                                                   
proposes to enact a threat statute that will better address threats that                                                        
place others in fear of physical injury or cause the evacuation of public                                                       
places.                                                                                                                         
                                                                                                                                
Additionally, current law requires a person to submit a DNA sample                                                              
upon arrest and conviction of certain crimes. This sample is checked                                                            
against a national database and may help determine whether a person                                                             
is suspected of committing other crimes in another state. It is currently                                                       
a crime to refuse to submit a DNA sample upon conviction, however,                                                              
there is no penalty for refusing to submit a sample upon arrest. The bill                                                       
will close this loophole and make it a Class A misdemeanor to refuse                                                            
to submit a DNA sample when a person is arrested for a qualifying                                                               
offense.                                                                                                                        
                                                                                                                                
Stronger Penalties for Drug Traffickers                                                                                     
This legislation will reenact the drug offense structure that was in                                                            
place prior to SB 91, returning the focus from the quantity of a                                                                
distributed drug to the nature of the drug itself. This structure will                                                          
better address the danger of certain types of drugs and return                                                                  
discretion to judges to assess the significance of multiple factors such                                                        
as the purity, the street value in a particular community, and the                                                              
relative availability or scarcity of the drug in a particular community.                                                        
This legislation also reclassifies distribution crimes to higher level                                                          
offenses. Finally, this legislation will reenact the enhanced sentencing                                                        
ranges for making methamphetamine around children or engaging                                                                   

2019-01-23                     Senate Journal                      Page 0084
children in the sale of methamphetamine. The process of making                                                                  
methamphetamine is extremely dangerous and is often done in a                                                                   
person’s dwelling putting everyone in the area, including children, at                                                          
risk.                                                                                                                           
                                                                                                                                
Criminal Justice Efficiencies                                                                                               
Finally, it is critical that our criminal justice system is evaluated to                                                        
improve processes and find efficiencies. To that end, the bill                                                                  
streamlines the grand jury process by allowing prosecutors to use a                                                             
person’s “rap sheet” or Alaska Public Safety Information Network                                                                
report to prove the existence of prior convictions when prior                                                                   
convictions are an element of an offense. For example, if a person has                                                          
two prior convictions for assault, the third assault will be a felony.                                                          
This will require proof of the existence of the prior convictions.                                                              
Allowing the use of a rap sheet at the indictment phase of the case,                                                            
instead of requiring certified judgments, which may take days to                                                                
obtain, will expedite the process and protect the public by keeping                                                             
dangerous offenders in State custody while awaiting trial.                                                                      
                                                                                                                                
The bill proposes to allow the court system to give the Department of                                                           
Public Safety information about those who have been involuntarily                                                               
committed and, therefore, cannot possess firearms. Under current law,                                                           
the court system may only provide information from 2014 forward.                                                                
The bill will allow the court system to provide information prior to                                                            
2014 so that the Department of Public Safety may have a more                                                                    
complete record of who these prohibited individuals are and better                                                              
protect the public.                                                                                                             
                                                                                                                                
I urge your prompt and favorable action on this measure.                                                                        
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Michael J. Dunleavy                                                                                                             
Governor                                                                                                                        
                                                                                                                                
SB 33                                                                                                                         
SENATE BILL NO. 33 BY THE SENATE RULES COMMITTEE                                                                                
BY REQUEST OF THE GOVERNOR, entitled:                                                                                           
                                                                                                                                
          "An Act relating to pretrial release; relating to                                                                     
          sentencing; relating to treatment program credit                                                                      
          toward service of a sentence of imprisonment;                                                                         

2019-01-23                     Senate Journal                      Page 0085
              relating to electronic monitoring; amending Rules                                                                
             38.2 and 45(d), Alaska Rules of Criminal Procedure;                                                               
          and providing for an effective date."                                                                                 
                                                                                                                                
was read the first time and referred to the State Affairs, Judiciary and                                                        
Finance Committees.                                                                                                             
                                                                                                                                
The following fiscal information was published today:                                                                           
 Fiscal Note No. 1, zero, Department of Law                                                                                     
 Fiscal Note No. 2, zero, Department of Public Safety                                                                           
 Fiscal Note No. 3, indeterminate, Department of Administration                                                                 
 Fiscal Note No. 4, indeterminate, Department of Administration                                                                 
 Fiscal Note No. 5, indeterminate, Department of Corrections                                                                    
 Fiscal Note No. 6, indeterminate, Department of Corrections                                                                    
                                                                                                                                
Governor's transmittal letter dated January 22:                                                                                 
                                                                                                                                
Dear Senate President Giessel:                                                                                                  
                                                                                                                                
Under the authority of Article III, Section 18, of the Alaska                                                                   
Constitution, I am transmitting a bill relating to pretrial release, credit                                                     
toward a person’s sentence for time spent in a treatment program or                                                             
electronic monitoring, and amending the Alaska Rules of Criminal                                                                
Procedure.                                                                                                                      
                                                                                                                                
This bill repeals pretrial service provisions of SB 91 and places the                                                           
authority and discretion back in the hands of the Courts to determine                                                           
bail and release conditions. Additionally, it authorizes the                                                                    
Commissioner of Corrections to monitor and enforce pretrial                                                                     
conditions as the Department does with probation and parole services,                                                           
reenacting the third-party custodian system and electronic monitoring                                                           
systems, which were in place prior to SB 91.                                                                                    
                                                                                                                                
The bill prohibits an individual from obtaining jail credit for time                                                            
spent on electronic monitoring before trial. Current law allows a                                                               
person to earn day for day credit for time spent on electronic                                                                  
monitoring while out on bail release. Only the most serious offenses                                                            
are limited to earning 360 days of credit, otherwise, there is no limit to                                                      
the amount of time a person can have credited toward their sentence.                                                            
This can result in ultimately spending little to no time in jail once a                                                         

2019-01-23                     Senate Journal                      Page 0086
person is convicted and sentenced. Case law has held that time spent                                                            
on electronic monitoring is not akin to time spent in jail. Matthew v.                                                          
State, 152 P.3d 469 (Alaska App. 2007). The bill will amend the law                                                             
to conform to this holding and prohibit the accrual of jail credit when a                                                       
person is on electronic monitoring while on pretrial release.                                                                   
                                                                                                                                
The bill increases the efficiency of the criminal justice system by                                                             
encouraging the court system to use videoconferencing for all pretrial                                                          
hearings wherever that technology is feasible. Current practice is to                                                           
require an in-custody defendant to be physically present at all pretrial                                                        
hearings.  Some of these hearings are simple scheduling hearings                                                                
which only take a few minutes. However, it requires significant                                                                 
resources to transport a defendant from the jail to the courthouse. Each                                                        
time a prisoner is transported, there is the potential for an escape or for                                                     
contraband to be brought back into the prison facility. The increased                                                           
use of videoconferencing will decrease these risks and improve the                                                              
efficiency of the criminal justice system.                                                                                      
                                                                                                                                
Finally, the bill allows a defendant’s counsel to agree to continuances                                                         
of trial. This is helpful in the event that the defendant’s counsel needs                                                       
more time to adequately prepare for trial. If the defendant’s counsel is                                                        
unprepared it can result in the case being overturned on appeal or                                                              
having the conviction vacated through an ineffective assistance of                                                              
counsel claim. Both situations delay justice for victims and put the                                                            
State in a position of having to retry the case because the defendant                                                           
did not appreciate the importance of allowing for a continuance. The                                                            
court would still need to make an independent evaluation of whether                                                             
or not a continuance is appropriate. Continuances are a tactical matter                                                         
which the defendant’s counsel should control.                                                                                   
                                                                                                                                
I urge your prompt and favorable action on this measure.                                                                        
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Michael J. Dunleavy                                                                                                             
Governor                                                                                                                        
                                                                                                                                
SB 34                                                                                                                         
SENATE BILL NO. 34 BY THE SENATE RULES COMMITTEE                                                                                
BY REQUEST OF THE GOVERNOR, entitled:                                                                                           
                                                                                                                                

2019-01-23                     Senate Journal                      Page 0087
      "An Act relating to probation; relating to a program                                                                      
      allowing probationers to earn credits for complying with                                                                  
      the conditions of probation; relating to early termination of                                                             
      probation; relating to parole; relating to a program allowing                                                             
      parolees to earn credits for complying with the conditions                                                                
      of parole; relating to early termination of parole; relating to                                                           
      eligibility for discretionary parole; relating to good time;                                                              
      and providing for an effective date."                                                                                     
                                                                                                                                
was read the first time and referred to the State Affairs and Finance                                                           
Committees.                                                                                                                     
                                                                                                                                
The following fiscal information was published today:                                                                           
 Fiscal Note No. 1, zero, Department of Law                                                                                     
 Fiscal Note No. 2, indeterminate, Department of Corrections                                                                    
 Fiscal Note No. 3, Department of Corrections                                                                                   
                                                                                                                                
Governor's transmittal letter dated January 22:                                                                                 
                                                                                                                                
Dear Senate President Giessel:                                                                                                  
                                                                                                                                
Under the authority of Article III, Section 18, of the Alaska                                                                   
Constitution, I am transmitting a bill repealing provisions of SB 91                                                            
that deal with the sentencing caps on technical violations of probation                                                         
and parole, repealing statutory early termination of probation and                                                              
parole, reducing earned compliance credits, amending discretionary                                                              
parole eligibility, and repealing good time credit for time spent on                                                            
electronic monitoring.                                                                                                          
                                                                                                                                
This bill will repeal the sentencing caps on technical violations of                                                            
probation. Current law defines a “technical violation” as a violation                                                           
that is not absconding or a new law violation. Currently, a person may                                                          
only be sentenced to up to three days on the first violation, five days                                                         
on the second violation, and ten days on the third violation. On the                                                            
fourth violation, the person may be sentenced to the remainder of the                                                           
time left on their sentence. A similar provision of law exists for                                                              
parolees as well. These caps are an ineffective deterrent and take away                                                         
the judge’s discretion to factor in the nature of the violation(s) and the                                                      
underlying offense for which the person was placed on probation.                                                                
Repealing these caps will restore the court’s ability to tailor an                                                              

2019-01-23                     Senate Journal                      Page 0088
appropriate sanction for each probationer taking into consideration the                                                         
underlying offense, the risk to the community, the rehabilitative needs                                                         
of the probationer, and the nature of the violation(s).                                                                         
                                                                                                                                
The bill repeals the statutory timelines for early termination of                                                               
probation and parole. Under SB 91, a probation officer is required to                                                           
recommend that the court terminate a person’s probation after 18                                                                
months if the person has completed all of their programming, has had                                                            
no violations for those 18 months, and is currently in compliance with                                                          
their probation. There are similar provisions in law for parole officers                                                        
making early termination recommendations to the parole board. Prior                                                             
to January 1, 2017, probation officers made early termination                                                                   
recommendations to the court when they felt it was appropriate and                                                              
not based on any timelines in statute. Before SB 91, there was nothing                                                          
in statute guaranteeing early termination. This bill will repeal these                                                          
timelines and give a probation or parole officer the discretion to make                                                         
such a recommendation when the officer believes it is appropriate.                                                              
                                                                                                                                
The bill also returns discretionary parole eligibility and release factors                                                      
to what they were prior to SB 91. SB 91 expanded discretionary parole                                                           
to offenders who previously were ineligible. It also created a                                                                  
presumption of release on discretionary parole for those who were                                                               
eligible. Returning discretion back to the parole board who has                                                                 
intimate knowledge of an offender’s history and their recent and past                                                           
behavior will help to protect the public and ensure that those who are                                                          
released on discretionary parole are appropriate for release.                                                                   
                                                                                                                                
The bill reduces the credit a person may earn for not violating their                                                           
probation or parole. Under the current structure, a person may receive                                                          
30 days for every 30 days without a probation or parole violation. This                                                         
could reduce a person’s period on probation or parole by half. Such a                                                           
significant reduction in supervision reduces the rehabilitative                                                                 
assistance probation and parole can provide to a person. The bill will                                                          
amend the credit to be one day for every three days without a violation                                                         
providing an appropriate incentive and reward for complying with a                                                              
person’s conditions of probation or parole.                                                                                     
                                                                                                                                
Finally, the bill eliminates good time credit for time spent on                                                                 
electronic monitoring. Prior to the passage of SB 91, a person was able                                                         
to earn day-to-day credit for time spent on electronic monitoring. The                                                          

2019-01-23                     Senate Journal                      Page 0089
concept of good time is to incentivize prisoners to comply with the                                                             
rules of a prison institution. Eliminating good time credit for time                                                            
spent on electronic monitoring restores the balance between                                                                     
incentivizing good behavior while in a prison institution and enjoying                                                          
certain freedoms while on electronic monitoring.                                                                                
                                                                                                                                
I urge your prompt and favorable action on this measure.                                                                        
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Michael J. Dunleavy                                                                                                             
Governor                                                                                                                        
                                                                                                                                
SB 35                                                                                                                         
SENATE BILL NO. 35 BY THE SENATE RULES COMMITTEE                                                                                
BY REQUEST OF THE GOVERNOR, entitled:                                                                                           
                                                                                                                                
          "An Act eliminating marriage as a defense to certain                                                                  
          crimes of sexual assault; relating to enticement of a                                                                 
          minor; relating to harassment in the first degree;                                                                    
          relating to harassment in the second degree; relating                                                                 
          to indecent viewing or production of a picture;                                                                       
          relating to the definition of 'sexual contact'; relating                                                              
          to assault in the second degree; relating to                                                                          
          sentencing; relating to prior convictions; relating to                                                                
          the definition of 'most serious felony'; relating to the                                                              
          definition of 'sexual felony'; relating to the duty of a                                                              
          sex offender or child kidnapper to register; relating to                                                              
          eligibility for discretionary parole; and providing for                                                               
          an effective date."                                                                                                   
                                                                                                                                
was read the first time and referred to the Judiciary and Finance                                                               
Committees.                                                                                                                     
                                                                                                                                
The following fiscal information was published today:                                                                           
 Fiscal Note No. 1, zero, Department of Public Safety                                                                           
 Fiscal Note No. 2, zero, Department of Law                                                                                     
 Fiscal Note No. 3, zero, Department of Corrections                                                                             
 Fiscal Note No. 4, Department of Corrections                                                                                   
 Fiscal Note No. 5, zero, Department of Health and Social Services                                                              
                                                                                                                                

2019-01-23                     Senate Journal                      Page 0090
Governor's transmittal letter dated January 22:                                                                                 
                                                                                                                                
Dear Senate President Giessel:                                                                                                  
                                                                                                                                
Under the authority of Article III, Section 18, of the Alaska                                                                   
Constitution, I am transmitting a bill making several amendments to                                                             
current law to address Alaska’s high rate of sexual assault and sexual                                                          
abuse of minors, including recognizing changes in technology,                                                                   
clarifying the sentencing ranges for sex offenders, parole eligibility for                                                      
certain offenders, and tightening sex offender registration                                                                     
requirements.                                                                                                                   
                                                                                                                                
In this evolving digital age, predators have access to countless means                                                          
of communication for the purpose of victimizing others. This                                                                    
legislation will position the State and its judicial system to protect the                                                      
public within the ever-expanding economy of technology. As an                                                                   
example, under current law, it is illegal to entice or solicit sexual acts                                                      
from a minor via computer. However, as technology has advanced,                                                                 
means of communication is no longer limited to a single device. The                                                             
method of communication should be irrelevant. Our laws must focus                                                               
on the content of the communication. Therefore, the bill proposes to                                                            
make it illegal to entice or solicit sexual acts from a minor regardless                                                        
of the method of communication. The bill also makes knowingly                                                                   
viewing or producing an indecent image of an adult or a child a                                                                 
registerable sex offense. This conduct is inherently predatory and can                                                          
be more appropriately addressed through our sex offense laws.                                                                   
Additionally, the bill criminalizes repeatedly sending unwanted                                                                 
images of genitalia to another person: yet another example of                                                                   
technology being misused as a form of harassment. This change would                                                             
update our laws to reflect new technology, thus allowing the State to                                                           
address this offensive conduct.                                                                                                 
                                                                                                                                
The bill also makes certain crimes that are sexual in nature punishable                                                         
as sex offenses. The bill adds conduct causing a victim to come into                                                            
unwanted contact with semen to the definition of “sexual contact”                                                               
thereby subjecting this conduct to the same punishments as other sex                                                            
offenses.  Recent cases have highlighted the need to correct this gap in                                                        
                                                                                                                                
                                                                                                                                

2019-01-23                     Senate Journal                      Page 0091
the law, so the State can better address the true criminal nature of this                                                       
conduct. Further, under current law, sexual abuse of a minor in the                                                             
third degree – that is, sexual contact with a person who is 13, 14, or 15                                                       
and at least four years younger than the offender, is not sentenced as a                                                        
sexual felony. The bill proposes to sentence sexual abuse of a minor in                                                         
the third degree as a sexual felony, subject to the enhanced sentencing                                                         
range, when there is a six-year age difference between the offender                                                             
and the victim.  This distinction will allow for the current lower                                                              
sentencing structure for those cases in which the offender and victim                                                           
are closer in age and an enhanced sentencing range as the age                                                                   
difference grows wider.                                                                                                         
                                                                                                                                
While State law has long prevented a person from using marriage as a                                                            
defense to most forms of sexual assault where consent is an issue,                                                              
current law still allows an individual to use marriage as a defense to                                                          
the crime of sexual assault if the person engages in sexual activity with                                                       
their spouse when they know that their spouse is mentally incapable,                                                            
incapacitated, or unaware that the sexual act is being committed. The                                                           
bill would remove this section of law and prevent a person from using                                                           
marriage as a defense if they engage in this kind of conduct. Intimate                                                          
partner sexual violence is all too common in this state. Removing this                                                          
defense will strengthen Alaska’s sexual assault laws and assist in                                                              
addressing our intolerable rates of intimate partner violence.                                                                  
                                                                                                                                
The bill also addresses several recent court decisions which have                                                               
effectively reduced punishments for sex offenders in Alaska. The bill                                                           
clarifies that when an offender is being sentenced for a sexual felony,                                                         
all of the offender’s prior felonies, both non-sexual and sexual, will                                                          
count when determining the appropriate presumptive sentencing range.                                                            
It is important that all felony criminal history regardless of nature is                                                        
considered when determining an appropriate sentence. The bill also                                                              
clarifies that those offenders who are ineligible for good time credit                                                          
are also ineligible for discretionary parole. It makes little sense for a                                                       
person to be deemed so dangerous that they are not eligible for                                                                 
statutory good time, but, at the same time, allow them to be eligible for                                                       
discretionary parole. Finally, the bill requires sex offenders, who have                                                        
been  convicted  and  required  to  register  as a sex offender in another                                                      
                                                                                                                                
                                                                                                                                
                                                                                                                                

2019-01-23                     Senate Journal                      Page 0092
state, to register in Alaska regardless of whether Alaska has a similar                                                         
offense in statute. This is a matter of reciprocity and improves the                                                            
State’s ability to protect the public from sex offenders who may come                                                           
to this state.                                                                                                                  
                                                                                                                                
I urge your prompt and favorable action on this measure.                                                                        
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Michael J. Dunleavy                                                                                                             
Governor                                                                                                                        
                                                                                                                                
                                                                                                                                
                        Consideration of the Calendar                                                                        
                                                                                                                                
                                  Citations                                                                                  
                                                                                                                                
Honoring - Rabbi Michael Oblath                                                                                                 
Representative(s) Josephson                                                                                                     
Senator(s) Wielechowski, Giessel, Begich, Birch, Bishop, Coghill,                                                               
Costello, Gray-Jackson, Hoffman, Hughes, Kawasaki, Kiehl,                                                                       
Micciche, Olson, Reinbold, Shower, Stedman, Stevens, von Imhof,                                                                 
Wilson                                                                                                                          
                                                                                                                                
In Memoriam - Bryan Imus                                                                                                        
Senator(s) Kawasaki, Giessel, Begich, Birch, Bishop, Coghill,                                                                   
Costello, Gray-Jackson, Hoffman, Hughes, Kiehl, Micciche, Olson,                                                                
Reinbold, Shower, Stedman, Stevens, von Imhof, Wielechowski,                                                                    
Wilson                                                                                                                          
Representative(s) LeBon                                                                                                         
                                                                                                                                
In Memoriam - James Doak Walker                                                                                                 
Senator(s) Kiehl, Giessel, Begich, Birch, Bishop, Coghill, Costello,                                                            
Gray-Jackson, Hoffman, Hughes, Kawasaki, Micciche, Olson,                                                                       
Reinbold, Shower, Stedman, Stevens, von Imhof, Wielechowski,                                                                    
Wilson                                                                                                                          
Representative(s) Story, Hannan                                                                                                 
                                                                                                                                
                                                                                                                                
                                                                                                                                

2019-01-23                     Senate Journal                      Page 0093
In Memoriam - Sarah E. Mitchell                                                                                                 
Senator(s) Kawasaki, Giessel, Begich, Birch, Bishop, Coghill,                                                                   
Costello, Gray-Jackson, Hoffman, Hughes, Kiehl, Micciche, Olson,                                                                
Reinbold, Shower, Stedman, Stevens, von Imhof, Wielechowski,                                                                    
Wilson                                                                                                                          
Representative(s) Hopkins                                                                                                       
                                                                                                                                
In Memoriam - Robert B. Gillam                                                                                                  
Representative(s) Hopkins                                                                                                       
Senator(s) Costello, Giessel, Begich, Birch, Bishop, Coghill, Gray-                                                             
Jackson, Hoffman, Hughes, Kawasaki, Kiehl, Micciche, Olson,                                                                     
Reinbold, Shower, Stedman, Stevens, von Imhof, Wielechowski,                                                                    
Wilson                                                                                                                          
                                                                                                                                
Senator Costello moved and asked unanimous consent the citations be                                                             
adopted. Without objection, the citations were adopted and referred to                                                          
the Secretary for transmittal.                                                                                                  
                                                                                                                                
                                                                                                                                
                             Unfinished Business                                                                             
                                                                                                                                
Senator Wilson moved and asked unanimous consent to be excused                                                                  
from a call of the Senate from 8:30 p.m. plane time, January 24                                                                 
through morning plane time, January 28. Without objection, Senator                                                              
Wilson was excused.                                                                                                             
                                                                                                                                
SB 10                                                                                                                         
Senator Micciche moved and asked unanimous consent to be shown as                                                               
a cosponsor on SENATE BILL NO. 10 "An Act extending the                                                                         
termination date of the Statewide Suicide Prevention Council; and                                                               
providing for an effective date." Without objection, it was so ordered.                                                         
                                                                                                                                
Senator Hughes moved and asked unanimous consent to be excused                                                                  
from a call of the Senate from afternoon plane time February 1                                                                  
through evening plane time, February 3 and from morning plane time                                                              
February 23 through evening plane time, February 24. Without                                                                    
objection, Senator Hughes was excused.                                                                                          
                                                                                                                                
                                                                                                                                
                                                                                                                                

2019-01-23                     Senate Journal                      Page 0094
SB 30                                                                                                                         
Senator Begich moved and asked unanimous consent to be shown as a                                                               
cosponsor on SENATE BILL NO. 30 "An Act establishing the middle                                                                 
college program for public school students; and relating to the powers                                                          
of the University of Alaska." Without objection, it was so ordered.                                                             
                                                                                                                                
Senator Costello moved and asked unanimous consent to be excused                                                                
from a call of the Senate on the following dates:                                                                               
                                                                                                                                
     from afternoon plane time, January 25 through evening                                                                      
     plane time, January 27                                                                                                     
     from afternoon plane time, February 1 through evening                                                                      
     plane time, February 3                                                                                                     
     from afternoon plane time, February 22 through evening                                                                     
     plane time, February 24                                                                                                    
                                                                                                                                
Without objection, Senator Costello was excused.                                                                                
                                                                                                                                
                                                                                                                                
                                Announcements                                                                                
                                                                                                                                
Announcements are at the end of the journal.                                                                                    
                                                                                                                                
                                                                                                                                
                                 Adjournment                                                                                 
                                                                                                                                
Senator Costello moved and asked unanimous consent the Senate                                                                   
stand in adjournment until 10:30 a.m., January 25, 2019. Without                                                                
objection, the Senate adjourned at 11:23 a.m.                                                                                   
                                                                                                                                
                                                                    Liz Clark                                                   
                                                     Secretary of the Senate                                                    
                                                                                                                                
                                                                                                                                

2019-01-23                     Senate Journal                      Page 0095
                                Announcements                                                                                
                                                                                                                                
Americans with Disabilities Act Notice - Persons with disabilities who require                                                  
special accommodation or alternative communication formats to access                                                            
committee meetings may contact the appropriate committee office or the                                                          
Legislative Information Office in their community. Reasonable advance                                                           
notice is needed to accommodate the request. For further information, call the                                                  
ADA Coordinator at 465-3854 Voice/465-4980 TDD.                                                                                 
                                                                                                                                
                                                                                                                                
                             STANDING COMMITTEES                                                                             
+ indicates teleconference                                                                                                      
= indicates bill previously heard/scheduled                                                                                     
                                                                                                                                
                         COMMUNITY & REGIONAL AFFAIRS                                                                        
                                                                                                                                
Jan 24        Thursday                    Beltz 105 (tsbldg)          3:30 PM                                                 
              No Meeting Scheduled                                                                                              
                   ----------------------------------------                                                                    
                                                                                                                                
                                  EDUCATION                                                                                  
                                                                                                                                
Jan 24        Thursday                        Butrovich 205           3:30 PM                                                 
+             Presentation:                                                                                                     
              "Status of Alaska's K-12 Education System" by                                                                     
              Commissioner Dr. Michael Johnson, Dept. of                                                                        
              Education & Early Development                                                                                     
              -- Teleconference Listen Only --                                                                                  
              **Streamed live on AKL.tv**                                                                                       
              -- Testimony <Invitation Only> --                                                                                 
                   ----------------------------------------                                                                    
                                                                                                                                
                                   FINANCE                                                                                   
                                                                                                                                
Jan 23        Wednesday                 Senate Finance 532            9:00 AM                                                 
+             - Office of Management & Budget: Budget                                                                           
              Development Process by Donna Arduin, Director                                                                     
+             - Legislative Finance: FY20 Fiscal Overview by                                                                    
              David Teal, Director                                                                                              
                                                                                                                                
                                                                                                                                
                                                                                                                                

2019-01-23                     Senate Journal                      Page 0096
                             FINANCE (continued)                                                                             
                                                                                                                                
Jan 24        Thursday                  Senate Finance 532            9:00 AM                                                 
+             Alaska Oil & Gas Conservation Commission:                                                                         
              Overview, Mission, Update & Gas Offtake by                                                                        
              Commissioners Cathy Foerster & Dan Seamount                                                                       
                                                                                                                                
Jan 25        Friday                    Senate Finance 532            9:00 AM                                                 
+             Alaska Permanent Fund Corporation: Overview,                                                                      
              Mission & Update by Angela Rodell, CEO                                                                            
                   ----------------------------------------                                                                    
                                                                                                                                
                           HEALTH & SOCIAL SERVICES                                                                          
                                                                                                                                
Jan 23        Wednesday                       Butrovich 205           1:30 PM                                                 
+             Committee Organization/Introduction of Members                                                                    
+             Consideration of Governor's Appointees:                                                                           
              - Commissioner, Dept. of Health & Social                                                                          
              Services, Adam Crum                                                                                               
              -- Teleconference <Invitation Only> --                                                                            
              -- Public Testimony <Time Limit May Be Set> --                                                                    
                                                                                                                                
Jan 25        Friday                          Butrovich 205           1:30 PM                                                 
              -- MEETING CANCELED --                                                                                            
+             Consideration of Governor's Appointees:                                                                           
              - Commissioner, Dept. of Health & Social                                                                          
              Services, Adam Crum                                                                                               
              -- Teleconference <Invitation Only> --                                                                            
              -- Public Testimony <Time Limit May Be Set> --                                                                    
                   ----------------------------------------                                                                    
                                                                                                                                
                                  JUDICIARY                                                                                  
                                                                                                                                
Jan 24        Thursday                  Senate Finance 532            3:00 PM                                                 
  -- Please Note Time & Location Change --                                                                                      
  - Joint Meeting with Senate State Affairs -                                                                                   
+  Consideration of Governor's Appointees:                                                                                      
              - Commissioner-Designee Dalhstrom, Dept. of                                                                       
              Corrections                                                                                                       
              - Commissioner-Designee Price, Dept. of Public                                                                    
              Safety                                                                                                            
              -- Teleconference <Invitation Only> --                                                                            
              -- Public Testimony <Time Limit May Be Set> --                                                                    

2019-01-23                     Senate Journal                      Page 0097
                            JUDICIARY (continued)                                                                            
                                                                                                                                
Jan 25        Friday                      Beltz 105 (tsbldg)          1:30 PM                                                 
+             Overview:                                                                                                         
              Alaska Court System by Nancy Meade, General Council                                                               
+ SB   8 ACCESS TO MARIJUANA CONVICTION RECORDS                                                                                 
              -- Public Testimony <Time Limit May Be Set> --                                                                    
                   ----------------------------------------                                                                    
                                                                                                                                
                               LABOR & COMMERCE                                                                              
                                                                                                                                
Jan 24        Thursday                    Beltz 105 (tsbldg)          1:30 PM                                                 
+             Consideration of Governor's Appointees:                                                                           
              Commissioner-Designee Tamika Ledbetter, Dept. of                                                                  
              Labor & Workforce Development                                                                                     
              -- Below Rescheduled from 01/22/2019 --                                                                           
+             Commissioner-Designee Julie Anderson, Dept. of                                                                    
              Commerce, Community & Economic Development                                                                        
              -- Public Testimony --                                                                                            
                   ----------------------------------------                                                                    
                                                                                                                                
                                  RESOURCES                                                                                  
                                                                                                                                
Jan 23        Wednesday                       Butrovich 205           3:30 PM                                                 
+             Consideration of Governor's Appointees:                                                                           
              Commissioner, Dept. of Natural Resources, Corri Feige                                                             
              -- Public Testimony <Time Limit May Be Set> --                                                                    
                                                                                                                                
Jan 25        Friday                          Butrovich 205           3:30 PM                                                 
+             Consideration of Governor's Appointees:   Commissioner                                                            
              Dept. of Environmental Conservation, Jason Brune                                                                  
              -- Public Testimony <Time Limit May Be Set> --                                                                    
                   ----------------------------------------                                                                    
                                                                                                                                
                                STATE AFFAIRS                                                                                
                                                                                                                                
Jan 24        Thursday                  Senate Finance 532            3:00 PM                                                 
              -- Please Note Time & Location Change --                                                                          
              - Joint with Senate Judiciary -                                                                                   
+             Consideration of Governor's Appointees:                                                                           
              - Commissioner-Designee Dalhstrom, Dept. of Corrections                                                           
              - Commissioner Designee Price, Dept. of Public Safety                                                             
              -- Teleconference <Invitation Only> --                                                                            
              -- Public Testimony <Time Limit May Be Set> --                                                                    

2019-01-23                     Senate Journal                      Page 0098
                                TRANSPORTATION                                                                               
                                                                                                                                
Jan 24        Thursday                        Butrovich 205           1:30 PM                                                 
              No Meeting Scheduled                                                                                              
                   ----------------------------------------                                                                    
                                                                                                                                
                               JOINT COMMITTEES                                                                              
                                                                                                                                
                    SELECT COMMITTEE ON LEGISLATIVE ETHICS                                                                   
                                                                                                                                
Jan 31        Thursday                           Capitol 106          8:30 AM                                                 
+             Public Comment                                                                                                    
              Election of Committee Chairs for 2019-2020                                                                        
              Advisory Opinion 19-01                                                                                            
              - HB 44 Excerpt                                                                                                   
              - Advisory Opinion 19-01                                                                                          
              Chair/Staff Report                                                                                                
              - Credit Card Approval for Administrative Asst.                                                                   
              and Increase Credit Limit for Administrator                                                                       
              - Receiving Tickets for Unsanctioned Charitable                                                                   
              Events                                                                                                            
              - Management Log Review                                                                                           
              - Public Member Committee Appointment Update                                                                      
              - Ethics Disclosures                                                                                              
              - COGEL Conference Report                                                                                         
              - Update: Collection of Unpaid Fines                                                                              
              - Publications                                                                                                    
                a. Advisory Opinions and Public Decisions                                                                       
                   AS 24.60.150(a)(3)                                                                                           
                b. 2019 Standards of Conduct Handbook                                                                           
              2019 Ethics Training                                                                                              
              - 2019 Training Update                                                                                            
              - Gift Rules                                                                                                      
              Budget                                                                                                            
              - FY19 Budget Summary                                                                                             
              - FY20 Budget Request Detail                                                                                      
              Contract Report                                                                                                   
              - Outside Counsel                                                                                                 
              - Investigator                                                                                                    
              2019 Legislation Update                                                                                           
              Other Business                                                                                                    
                   ----------------------------------------                                                                    
                                                                                                                                

2019-01-23                     Senate Journal                      Page 0099
                                OTHER MEETINGS                                                                               
                                                                                                                                
                            MISCELLANEOUS MEETINGS                                                                           
                                                                                                                                
Jan 24        Thursday                           Capitol 106         12:00 PM                                                 
              Lunch & Learn:                                                                                                    
              2020 Census - Importance of a Fair & Accurate                                                                     
              Census to Alaska and the Role of the Legislature                                                                  
              Presented by the Foraker Group - Mike Walsh,                                                                      
              Bruce Botelho & Laurie Wolf                                                                                       
              Sponsored by Senator Begich                                                                                       
                                                                                                                                
Feb 11        Monday                    Senate Finance 532            1:00 PM                                                 
              School District Legislative Fly-In                                                                                
              Informal Q&A Session Regarding Alaska's Public                                                                    
              School System                                                                                                     
              All Senators & School District Participants of                                                                    
              the Fly-In are Encouraged to Attend