Legislature(2015 - 2016)SENATE FINANCE 532
04/04/2016 01:30 PM Senate FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| SB91 | |
| SB145 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SB 91 | TELECONFERENCED | |
| += | SB 145 | TELECONFERENCED | |
| += | SB 207 | TELECONFERENCED | |
| += | SB 208 | TELECONFERENCED | |
| += | SB 209 | TELECONFERENCED | |
| += | SB 210 | TELECONFERENCED | |
SENATE FINANCE COMMITTEE
April 4, 2016
1:41 p.m.
1:41:55 PM
CALL TO ORDER
Co-Chair MacKinnon called the Senate Finance Committee
meeting to order at 1:41 p.m.
MEMBERS PRESENT
Senator Anna MacKinnon, Co-Chair
Senator Pete Kelly, Co-Chair
Senator Peter Micciche, Vice-Chair
Senator Mike Dunleavy
Senator Lyman Hoffman
Senator Donny Olson
MEMBERS ABSENT
Senator Click Bishop
ALSO PRESENT
Jordan Schilling, Staff, Senator John Coghill; Amanda
Ryder, Analyst, Legislative Finance Division; Shawnda
O'Brien, Division of Public Assistance, Department of
Health and Social Services.
SUMMARY
SB 91 OMNIBUS CRIM LAW and PROCEDURE; CORRECTIONS
SB 91 was HEARD and HELD in committee for further
consideration.
SB 145 DAY CARE ASSISTANCE and CHILD CARE GRANTS
CSSB 145(FIN) was REPORTED out of committee with
"no recommendation" and with previously published
zero fiscal note: FN 2(REV); and previously
published fiscal impact note: FN 3 (DHS).
SENATE BILL NO. 91
"An Act relating to protective orders; relating to
conditions of release; relating to community work
service; relating to credit toward a sentence of
imprisonment for certain persons under electronic
monitoring; relating to the restoration under certain
circumstances of an administratively revoked driver's
license, privilege to drive, or privilege to obtain a
license; allowing a reduction of penalties for
offenders successfully completing court-ordered
treatment programs for persons convicted of driving
under the influence; relating to termination of a
revocation of a driver's license; relating to
restoration of a driver's license; relating to credits
toward a sentence of imprisonment, to good time
deductions, and to providing for earned good time
deductions for prisoners; relating to the
disqualification of persons convicted of certain
felony drug offenses from participation in the food
stamp and temporary assistance programs; relating to
probation; relating to mitigating factors; relating to
treatment programs for prisoners; relating to the
duties of the commissioner of corrections; amending
Rules 32 and 35(b), Alaska Rules of Criminal
Procedure; and providing for an effective date."
1:43:00 PM
Vice-Chair Micciche MOVED to ADOPT Amendment 1, 29-
LS0541\F.1, Martin/Gardner, 4/3/16 (copy on file):
Page 22, line 15, through page 23, line 19:
Delete all material and insert:
"*Sec. 39. AS 12.25.180 is amended to read:
Sec. 12.25.180. When peace officer fil!!!! [MAY]
issue citation or take person before the court.
(a) Except when arrest is required under another
provision of law, a peace officer shall issue a
citation when [WHEN] a peace officer stops or
contacts a person for the commission of a class C
felony offense, a misdemeanor: or the violation
of a municipal ordinance [, THE OFFICER MAY, IN
THE OFFICER'S DISCRETION, ISSUE A CITATION TO THE
PERSON] instead0 of taking the person before a
judge or magistrate under AS 12.25.150, except
the officer may arrest if [UNLESS]
(1) the person does not furnish satisfactory
evidence
(2) [THE CONTACTING OFFICER REASONABLY BELIEVES
THE PERSON IS A DANGER TO SELF OR OTHERS;
(3)] the crime for which the person is contacted
is one involving violence or harm to another
person or to property;
(3) the peace officer has probable cause to
believe the person committed a crime of escape
under AS 11.56.320 or 11.56.330, unlawful evasion
under AS 11.56.335 or 11.56.340, unlawful contact
under AS 11.56.750, or possession of child
pornography under AS 11.61.127;
(4) the person refuses to accept service of the
citation; or
(5) the peace officer reasonably believes there
is a risk the defendant will fail to appear in
court [(4) THE PERSON ASKS TO BE TAKEN BEFORE A
JUDGE OR MAGISTRATE UNDER AS 12.25.150; OR
(5) THE PEACE OFFICER HAS PROBABLE CAUSE TO
BELIEVE THE PERSON COMMITTED A CRIME INVOL YING
DOMESTIC VIOLENCE; IN THIS PARAGRAPH, "CRIME
INVOLVING DOMESTIC VIOLENCE" HAS THE MEANING
GIVEN IN AS 18.66.990].
(b) When a peace officer stops or contacts a
person for the commission of an infraction
or a violation, the officer shall issue a
citation instead of taking the person before
a judge or magistrate under AS 12.25.150,
except the officer may arrest if [UNLESS]
(1) the person does not furnish
satisfactory evidence of identity; [OR]
(2) the person refuses to accept
service of the citation; or
(3) the peace officer has probable
cause to believe the person has
committed
(A) a violation of conditions of
release under AS 11.56.757;
OR
(B) the offense of failure to
appear under AS 11.56.730."
Co-Chair MacKinnon OBJECTED for DISCUSSION.
1:43:17 PM
JORDAN SCHILLING, STAFF, SENATOR JOHN COGHILL, explained
Amendment 1. He stated that the commission recommended a
presumption of citation. Law enforcement would issue a
citation, in lieu of physical arrest, unless certain
exceptions were met. The commission made the recommendation
for nonviolent Class C felonies and misdemeanors that a
citation be issued, unless the individual was a danger to
the public, a flight risk, and various other exceptions.
The amendment was a technical restructuring of the section,
but did not change the presumption or exceptions. The
amendment removed the redundancies in the exceptions.
Co-Chair MacKinnon wondered if the amendment was a better
version of a previous amendment. Mr. Shilling replied in
the affirmative.
Co-Chair MacKinnon WITHDREW the OBJECTION. There being NO
further OBJECTION, Amendment 1 was adopted.
1:45:13 PM
AT EASE
1:45:47 PM
RECONVENED
1:45:49 PM
Co-Chair MacKinnon looked at page 110, line 12, Section 171
of the committee substitute version F. She looked at line
9, which addressed Section 140 and the effective date of
January 1, 2017. She believed that Section 71 should
reflect "Section 141 should take effect on July 1, 2018."
She queried comments on the possible error. Mr. Shilling
replied that it was the intent of legislation that the
provisions relating community residential centers (CRCs)
become effective July 1, 2018. He felt that there may have
been some miscommunication. He pointed out that Section 141
related to CRCs, not Section 140.
Vice-Chair Micciche remarked that the effective date was
captured in line 9.
Co-Chair MacKinnon MOVED to ADOPT Conceptual Amendment 2:
Page 110, line 12:
delete "140"
insert "141"
There being NO OBJECTION, it was so ordered.
Co-Chair MacKinnon directed Legislative Legal to make any
conforming changes and technical amendments to implement
the adopted amendments. There being NO OBJECTION, it was so
ordered.
SB 91 was HEARD and HELD in committee for further
consideration.
SENATE BILL NO. 145
"An Act relating to the recovery of overpayments of
day care assistance and child care grants; and
providing for an effective date."
1:49:46 PM
AMANDA RYDER, ANALYST, LEGISLATIVE FINANCE DIVISION,
introduced herself.
SHAWNDA O'BRIEN, DIVISION OF PUBLIC ASSISTANCE, DEPARTMENT
OF HEALTH AND SOCIAL SERVICES, introduced herself.
Co-Chair MacKinnon looked at FN 3, and was concerned with
the funding source line 1005, general fund program receipts
at an additional spend of $500,000. She asked for
explanation. Ms. Ryder replied that the GF program receipts
were from Permanent Fund Dividends (PFDs). She shared that
federal government was requiring state to pay back
overpayments. The $500,000 allowed the department to
garnish PFDs for overpayments of child care benefits that
were received by individuals. It was new revenue to the
state, otherwise the PFDs would remain with the individual
or be garnished by other agencies. The legislation brought
the garnishment of PFDs in line with other public
assistance programs.
Co-Chair MacKinnon wondered whether the PFD payback to the
state would be deposited into the GF, or designated
receipts to the program itself. Ms. Ryder replied that the
money would be used to reimburse the federal government for
child care benefits that the federal government had already
paid. The money would be used to directly offset federal
expenditures, which is why there was a negative $500,000 in
federal receipts and a positive $500,000 in GF program
receipts. She shared that the department could only spend
what they receive in garnishments.
Senator Dunleavy surmised that the department could only
spend what they receive in garnishments. Ms. Ryder agreed.
Vice-Chair Micciche wondered how "first in line" worked
with state agency garnishments. Ms. O'Brien explained that
the department examined whether the garnishment would cover
the full amount of the overpayment, if not then the oldest
outstanding debt would be paid first. She furthered if
there was an equal distribution across programs, the
department would equally distribute the recovery to all the
programs.
Vice-Chair Micciche surmised that the payments could only
be made based on the amount of garnishments from the
individuals. He furthered that the state would not receive
a portion of the garnishment, if, for example, the
garnishment was used toward child support. There would be
no impact on the general fund. Ms. O'Brien agreed with that
summation.
1:54:40 PM
AT EASE
1:54:46 PM
RECONVENED
1:54:47 PM
Co-Chair Kelly MOVED to REPORT CS SB 145(FIN) out of
committee with individual recommendations and accompanying
fiscal notes. There being NO OBJECTION, it was so ordered.
CSSB 145(FIN) was REPORTED out of committee with "no
recommendation" and with previously published zero fiscal
note: FN 2(REV); and previously published fiscal impact
note: FN 3 (DHS).
1:55:13 PM
AT EASE
1:57:30 PM
RECONVENED
1:57:36 PM
Co-Chair MacKinnon discussed the week's schedule.
ADJOURNMENT
2:00:18 PM
The meeting was adjourned at 2:00 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 91 CSSB 91 Amendment 1 MacKinnon.pdf |
SFIN 4/4/2016 1:30:00 PM |
SB 91 |