Legislature(2013 - 2014)HOUSE FINANCE 519

04/19/2014 08:30 AM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Recessed to a Call of the Chair --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 74 UNIVERSITY OF ALASKA BUILDING FUND TELECONFERENCED
Moved Out of Committee
+= SB 193 CONTRACTORS: BONDS; LICENSING TELECONFERENCED
Moved HCS SB 193(FIN) Out of Committee
+= SB 108 CONFIDENTIALITY OF CRIMINAL CASE RECORDS TELECONFERENCED
Heard & Held
+= SB 218 MUNI BOND BANK; UAF HEAT & PWR PLANT TELECONFERENCED
Moved HCS CSSB 218(FIN) Out of Committee
+= SB 71 PAYMENT OF FISHERY RESOURCE LANDING TAX TELECONFERENCED
Moved HCS CSSB 71(FIN) Out of Committee
+= SB 140 AIDEA: ARCTIC DEVELOPMENT PROGRAM/FUND TELECONFERENCED
Moved HCS CSSB 140(FIN) Out of Committee
+= SB 64 OMNIBUS CRIME/CORRECTIONS/RECIDIVISM BILL TELECONFERENCED
Moved HCS CSSB 64(FIN) Out of Committee
CS FOR SENATE BILL NO. 64(FIN)                                                                                                
                                                                                                                                
     "An  Act  relating  to  theft  and  property  offenses;                                                                    
     relating to  the definition of 'prior  convictions' for                                                                    
     certain   theft  offenses;   establishing  the   Alaska                                                                    
     Criminal   Justice   Commission    and   providing   an                                                                    
     expiration  date; relating  to the  crime of  custodial                                                                    
     interference;  relating to  the  duties  of the  Alaska                                                                    
     Judicial  Council;  relating  to jail-time  credit  for                                                                    
     offenders   in    court-ordered   treatment   programs;                                                                    
     relating  to  conditions  of  release,  probation,  and                                                                    
     parole;  relating  to  duties of  the  commissioner  of                                                                    
     corrections and  board of  parole; establishing  a fund                                                                    
     for  reducing recidivism  in the  Department of  Health                                                                    
     and  Social  Services;  requiring the  commissioner  of                                                                    
     health and  social services  to establish  programs for                                                                    
     persons  on conditions  of  release  or probation  that                                                                    
     require   testing   for   controlled   substances   and                                                                    
     alcoholic beverages;  requiring the board of  parole to                                                                    
     establish programs  for persons on parole  that require                                                                    
     testing   for  controlled   substances  and   alcoholic                                                                    
     beverages; relating to the duties  of the Department of                                                                    
     Health  and  Social  Services;  and  providing  for  an                                                                    
     effective date."                                                                                                           
                                                                                                                                
5:02:25 PM                                                                                                                    
                                                                                                                                
Co-Chair Stoltze  noted that the administration  was largely                                                                    
responsible for the CS.                                                                                                         
                                                                                                                                
Vice-Chair  Neuman MOVED  to  ADOPT  the proposed  committee                                                                    
substitute   for  CSSB   64(FIN),  Work   Draft  28-LS0116\Q                                                                    
(Gardner, 4/19/14).                                                                                                             
                                                                                                                                
Representative Holmes OBJECTED for discussion.                                                                                  
                                                                                                                                
Co-Chair  Stoltze noted  that his  staff  would discuss  the                                                                    
changes in the CS.                                                                                                              
                                                                                                                                
SENATOR JOHN COGHILL, SPONSOR, commented  that his staff was                                                                    
alert to any changes in the bill.                                                                                               
                                                                                                                                
Co-Chair Stoltze concurred.                                                                                                     
                                                                                                                                
DANIEL   GEORGE,   STAFF,   REPRESENTATIVE   BILL   STOLTZE,                                                                    
explained the  changes in  the CS.  He discussed  items that                                                                    
had been  removed from the  bill including the  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 person's  driver's  license.  Limitations of  driver's                                                                    
licenses  and restoration  of a  driver's license  were also                                                                    
addressed   in  the   CS.  He   added  changes   related  to                                                                    
confidentiality  of certain  records of  criminal cases  and                                                                    
the reduced recidivism  item, which was changed  from a fund                                                                    
to a program.                                                                                                                   
                                                                                                                                
Mr. George noted  that the former section 1 of  the bill had                                                                    
been removed.  The section included  a provision in  SB 108.                                                                    
He moved  to former sections  28, 29,  30 and 31,  which had                                                                    
been removed.                                                                                                                   
                                                                                                                                
Senator  Coghill asked  about the  provisions that  had been                                                                    
removed.                                                                                                                        
                                                                                                                                
Mr.  George  replied  that the  provisions  related  to  the                                                                    
limited licenses and confidentiality report records.                                                                            
                                                                                                                                
Co-Chair  Stoltze noted  that the  changes  were before  the                                                                    
committee as individual amendments.                                                                                             
                                                                                                                                
Mr.  George  pointed  to  section   27,  page  16,  line  30                                                                    
addressing  electronic  monitoring   for  individuals  in  a                                                                    
private  residence  or   community  residential  center.  He                                                                    
discussed  the  removal of  a  section  related to  driver's                                                                    
license  revocation. He  pointed  out section  31, page  21,                                                                    
lines 13 and 14 addressing  the report to the legislature by                                                                    
electronic  means. He  continued  with section  32, page  22                                                                    
including   the   Alaska   Criminal   Justice   Commission's                                                                    
membership and staff. Item 7  was changed to Commissioner of                                                                    
Corrections  or  their  designee.  Item  8  was  changed  to                                                                    
Commissioner of  Public Safety  or designee  and item  9 was                                                                    
changed  to  an  active  duty  member  of  a  municipal  law                                                                    
enforcement agency.  The commission included  13 individuals                                                                    
with   11  voting   members  and   previously  included   11                                                                    
individuals with 9 voting members.                                                                                              
                                                                                                                                
5:08:09 PM                                                                                                                    
                                                                                                                                
Mr. George continued to address  changes in the legislation.                                                                    
He pointed  to page 23,  line 15  related to the  powers and                                                                    
duties of  the commission. He  pointed to item 7,  which was                                                                    
changed and new item 10.                                                                                                        
                                                                                                                                
Senator Coghill relayed  that the item was  under the powers                                                                    
and duties  of the  commission. He expressed  agreement with                                                                    
the items.                                                                                                                      
                                                                                                                                
Mr.  George moved  to page  24, items  K and  L on  lines 25                                                                    
through 28. He noted the  removal of a previous item related                                                                    
to the over-classification of prisoners.  He stated that the                                                                    
word efficacy replaced  the word effects on line  26 of page                                                                    
24. He pointed to section  33, page 25, lines 5-7 addressing                                                                    
the criminal justice commission's  establishment of date and                                                                    
staffing from the judicial council.                                                                                             
                                                                                                                                
5:11:27 PM                                                                                                                    
                                                                                                                                
Mr.  George  moved to  page  26,  lines  10 through  20  and                                                                    
language relating  to the  recidivism reduction  program. He                                                                    
noted  that references  to  the creation  of  the fund  were                                                                    
removed.   He  stated   that  language   that  allowed   the                                                                    
commissioner  to   enter  into  contracts  to   provide  for                                                                    
programs  in the  section  was  added as  seen  on lines  17                                                                    
through 20.                                                                                                                     
                                                                                                                                
Senator Coghill provided comments  on the changes. He stated                                                                    
that  he  could  understand  the   removal  of  the  drivers                                                                    
licenses provisions;  it had been  difficult to arrive  at a                                                                    
solution.  He believed  the policy  was straightforward.  He                                                                    
stated that he  liked the idea of a private  attorney on the                                                                    
commission. He understood the change to police force.                                                                           
                                                                                                                                
Co-Chair  Stoltze  explained  that a  private  attorney  was                                                                    
rarely a prosecutor.                                                                                                            
                                                                                                                                
Senator Coghill replied that he  sought a candidate that was                                                                    
not employed  by the state.  He agreed with the  solution of                                                                    
the police force.                                                                                                               
                                                                                                                                
Co-Chair  Stoltze  stated that  he  had  considered a  union                                                                    
member because of the unfettered opinion.                                                                                       
                                                                                                                                
Senator Coghill opted for a small commission.                                                                                   
                                                                                                                                
Co-Chair  Stoltze  stated  that  he would  not  recommend  a                                                                    
larger commission.                                                                                                              
                                                                                                                                
Senator Coghill stated the  difficulty increasing beyond the                                                                    
$750 felony level.                                                                                                              
                                                                                                                                
5:15:07 PM                                                                                                                    
                                                                                                                                
Representative Gara pointed  to page 28, line 3  of the bill                                                                    
and wondered if a typo was  missed. He wished to verify that                                                                    
"prosecutions" meant  cases that were charged  "on or after"                                                                    
as interpreted by the Courts.                                                                                                   
                                                                                                                                
Co-Chair  Stoltze   replied  that  the  language   would  be                                                                    
clarified before the bill was moved.                                                                                            
                                                                                                                                
Representative  Gara  pointed  to   another  area  where  he                                                                    
thought words may be missing.                                                                                                   
                                                                                                                                
Co-Chair Stoltze  directed staff to review  the language. He                                                                    
commented that  the committee was  waiting on a draft  CS of                                                                    
the capital budget.                                                                                                             
                                                                                                                                
Co-Chair  Stoltze WITHDREW  his  OBJECTION.  There being  NO                                                                    
further OBJECTION, the Work Draft 28-LS0116\Q was ADOPTED.                                                                      
                                                                                                                                
Co-Chair Stoltze  appreciated that an alcohol  provision had                                                                    
been removed from the bill.                                                                                                     
                                                                                                                                
5:18:48 PM                                                                                                                    
RECESSED                                                                                                                        
                                                                                                                                
8:43:02 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Co-Chair Stoltze brought the meeting back to order.                                                                             
                                                                                                                                
JORDAN  SHILLING, STAFF,  SENATOR  JOHN  COGHILL offered  to                                                                    
detail the bill.                                                                                                                
                                                                                                                                
Co-Chair Stoltze  replied that the committee  understood the                                                                    
bill. He initiated the amendment process.                                                                                       
                                                                                                                                
Representative  Holmes MOVED  to ADOPT  conceptual Amendment                                                                    
1.                                                                                                                              
                                                                                                                                
     Page 18, following line 20:                                                                                                
     Insert a new bill section to read:                                                                                         
      "* Sec. 30. AS 28.15.201(d) is amended to read:                                                                           
     (d)  A court revoking  a driver's license, privilege to                                                                    
     drive,  or  privilege  to obtain  a  license  under  AS                                                                    
     28.15.181(c),  or   the  department  when   revoking  a                                                                    
     driver's license,  privilege to drive, or  privilege to                                                                    
     obtain  a  license  under AS  28.15.165(c),  may  grant                                                                    
     limited license privileges if                                                                                              
     (1)   the revocation  was for a  misdemeanor conviction                                                                    
     under  AS 28.35.030  or a  similar municipal  ordinance                                                                    
     and not for a violation of AS 28.35.032;                                                                                   
     (2)  [THE PERSON                                                                                                           
     (A)  HAS NOT BEEN  PREVIOUSLY CONVICTED AND THE LIMITED                                                                    
     LICENSE IS NOT GRANTED DURING  THE FIRST 30 DAYS OF THE                                                                    
     PERIOD OF REVOCATION; OR                                                                                                   
     (B)   HAS  BEEN  PREVIOUSLY CONVICTED  AND THE  LIMITED                                                                    
     LICENSE IS NOT GRANTED DURING  THE FIRST 90 DAYS OF THE                                                                    
     PERIOD OF REVOCATION;                                                                                                      
     (3)]  the court or  department requires that the person                                                                    
     either                                                                                                                     
     (A)  [TO]  use an ignition interlock  device during the                                                                    
     period  of  the  limited license  whenever  the  person                                                                    
     operates a  motor vehicle in  a community  not included                                                                    
     in  the  list  published  by the  department  under  AS                                                                    
     28.22.011(b)  and, when  applicable,  [(A)] the  person                                                                    
     provides   proof  of   installation  of   the  ignition                                                                    
     interlock device on every  vehicle the person operates;                                                                    
     or                                                                                                                         
     (B)   submit  to  daily testing  as  required under  AS                                                                    
     47.38.020  in   place  of  the  use   of  the  ignition                                                                    
     interlock device; use  of daily testing in  place of an                                                                    
     ignition  interlock device  under this  subparagraph is                                                                    
     conditioned  upon   the  person's  not   violating  the                                                                    
     requirements   of  the   program   established  in   AS                                                                    
     47.38.020; if  the person violates  those requirements,                                                                    
     the court or the department shall                                                                                          
     (i)  revoke the person's limited license; or                                                                               
     (ii)  require  the use of an  ignition interlock device                                                                    
     as provided in (A) of  this paragraph and shall require                                                                    
     the person  to continue to  submit to daily  testing as                                                                    
     required  under  AS  47.38.020  [THE  PERSON  SIGNS  AN                                                                    
     AFFIDAVIT ACKNOWLEDGING THAT                                                                                               
     (i)  OPERATION  BY THE PERSON OF A VEHICLE  THAT IS NOT                                                                    
     EQUIPPED WITH  AN IGNITION INTERLOCK DEVICE  IS SUBJECT                                                                    
     TO PENALTIES FOR DRIVING WITH A REVOKED LICENSE;                                                                           
     (ii)   CIRCUMVENTING  OR  TAMPERING  WITH THE  IGNITION                                                                    
     INTERLOCK DEVICE IS A CLASS A MISDEMEANOR; AND                                                                             
     (iii)  THE PERSON IS  REQUIRED TO MAINTAIN THE IGNITION                                                                    
     INTERLOCK DEVICE  THROUGHOUT THE PERIOD OF  THE LIMITED                                                                    
     LICENSE,  TO KEEP  UP-TO-DATE RECORDS  IN EACH  VEHICLE                                                                    
     SHOWING THAT  ANY REQUIRED  SERVICE AND  CALIBRATION IS                                                                    
     CURRENT, AND  TO PRODUCE  THOSE RECORDS  IMMEDIATELY ON                                                                    
     REQUEST];                                                                                                                  
     (3)  [(4)]  the  person  is   enrolled  in  and  is  in                                                                    
     compliance  with  or  has  successfully  completed  the                                                                    
     alcoholism   screening,   evaluation,   referral,   and                                                                    
     program requirements  of the  Department of  Health and                                                                    
     Social Services under AS 28.35.030(h);                                                                                     
     (4)  [(5)] the  person provides  proof of  insurance as                                                                    
     required by AS 28.20.230 and 28.20.240; and                                                                                
     (5) [(6)] the person  has not previously been convicted                                                                    
     of violating  the limitations of an  ignition interlock                                                                    
     limited  license or  been  convicted  of violating  the                                                                    
     provisions  of  AS  28.35.030  or  28.35.032  while  on                                                                    
     probation for a violation of those sections."                                                                              
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 19, following line 30:                                                                                                
     Insert a new subsection to read:                                                                                           
     "(i)  A  person granted a limited  license and required                                                                    
     to use an ignition  interlock device under (d)(2)(A) of                                                                    
     this  section  shall  sign an  affidavit  acknowledging                                                                    
     that                                                                                                                       
     (1)  operation  by the person of a vehicle  that is not                                                                    
     equipped with  an ignition interlock device  is subject                                                                    
     to penalties for driving with a revoked license;                                                                           
     (2)    circumventing  or tampering  with  the  ignition                                                                    
     interlock device is a class A misdemeanor; and                                                                             
     (3)   the person is  required to maintain  the ignition                                                                    
     interlock device  throughout the period of  the limited                                                                    
     license,  to keep  up-to-date records  in each  vehicle                                                                    
     showing that  any required  service and  calibration is                                                                    
     current, and  to produce  those records  immediately on                                                                    
     request."                                                                                                                  
                                                                                                                                
     Page 22, following line 17:                                                                                                
     Insert a new bill section to read:                                                                                         
      "* Sec. 35. AS 28.35.030(t) is amended to read:                                                                           
     (t)   Notwithstanding (b) or  (n) of this  section, the                                                                    
     court                                                                                                                      
     (1)   shall  waive the  requirement  of the  use of  an                                                                    
     ignition  interlock device  when  a  person operates  a                                                                    
     motor  vehicle  in a  community  included  on the  list                                                                    
    published by the department under AS 28.22.011(b);                                                                          
     (2)    may waive  the  requirement  of  the use  of  an                                                                    
     ignition interlock  device when the person  regains the                                                                    
     privilege  to  operate a  motor  vehicle  if the  court                                                                    
     requires  that a  person convicted  under this  section                                                                    
     submit to daily testing  as required under AS 47.38.020                                                                    
     in place of  the use of the  ignition interlock device;                                                                    
     use of daily testing in  place of an ignition interlock                                                                    
     device under  this subsection  is conditioned  upon the                                                                    
     person's not violating the  requirements of the program                                                                    
     established  in AS  47.38.020; if  the person  violates                                                                    
     those requirements, the court shall                                                                                        
     (i)   revoke the person's license,  privilege to drive,                                                                    
     or privilege to  obtain a license for  the remainder of                                                                    
     the period  the person is  required to use  an ignition                                                                    
     interlock  device as  provided in  (b) or  (n) of  this                                                                    
     section; or                                                                                                                
     (ii)  require  the use of an  ignition interlock device                                                                    
     as provided in (A) of  this paragraph and shall require                                                                    
     the person  to continue to  submit to daily  testing as                                                                    
     required under AS 47.38.020."                                                                                              
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 30, line 4:                                                                                                           
     Delete "or"                                                                                                                
     Following "probation":                                                                                                     
     Delete ","                                                                                                                 
                                                                                                                                
     Page 30, line 5, following "beverages":                                                                                    
     Insert  ",  a  person  granted  a  limited  license  as                                                                    
     provided by  AS 28.15.201(d),  or a person  required to                                                                    
     comply   with   this   section  as   provided   by   AS                                                                    
     28.35.030(t)"                                                                                                              
                                                                                                                                
     Page 30, following line 22:                                                                                                
     Insert a new subsection to read:                                                                                           
     "(d)  If  a  person  is required  to  comply  with  the                                                                    
     program provided  in this section  as a condition  of a                                                                    
     limited license under AS  28.15.201(d) or when required                                                                    
     by  AS  28.35.030(t),   the  commissioner  shall  adopt                                                                    
     regulations  that provide  a means  to ensure  that the                                                                    
     division  of  motor  vehicles  and  the  court  receive                                                                    
     notice   if  the   person  fails   to  appear   for  an                                                                    
     appointment  as  required  by   the  program  or  tests                                                                    
     positive  for  the  use  of  controlled  substances  or                                                                    
     alcoholic beverages."                                                                                                      
                                                                                                                                
     Reletter the following subsection accordingly.                                                                             
                                                                                                                                
     Page 32, lines 12 - 13:                                                                                                    
     Delete "29 - 36, and 38 - 44"                                                                                              
     Insert "29 - 38, and 40 - 46"                                                                                              
                                                                                                                                
     Page 32, line 14, following "Act,":                                                                                        
     Insert "AS 28.15.201(d), as amended  by sec. 30 of this                                                                    
     Act,"                                                                                                                      
                                                                                                                                
     Page 32, line 15:                                                                                                          
     Delete "AS 28.15.201(g) and (h)"                                                                                           
     Insert "AS 28.15.201(g) - (i)"                                                                                             
     Delete "sec. 30"                                                                                                           
     Insert "sec. 31"                                                                                                           
                                                                                                                                
     Page 32, lines 15 - 16:                                                                                                    
     Delete "sec. 31"                                                                                                           
     Insert "sec. 32"                                                                                                           
                                                                                                                                
     Page 32, line 16:                                                                                                          
     Delete "sec. 32"                                                                                                           
     Insert "sec. 33"                                                                                                           
                                                                                                                                
     Page 32, line 17:                                                                                                          
     Delete "sec. 33"                                                                                                           
     Insert "sec. 34"                                                                                                           
                                                                                                                                
     Page 32, line 17, following the first occurrence of                                                                        
     "Act,":                                                                                                                    
     Insert "AS 28.35.030(t), as amended by sec. 35 of this                                                                     
     Act,"                                                                                                                      
                                                                                                                                
     Page 32, line 17:                                                                                                          
     Delete "sec. 34"                                                                                                           
     Insert "sec. 36"                                                                                                           
                                                                                                                                
     Page 32, line 18:                                                                                                          
     Delete "sec. 35"                                                                                                           
     Insert "sec. 37"                                                                                                           
                                                                                                                                
     Page 32, lines 18 - 19:                                                                                                    
     Delete "sec. 36"                                                                                                           
     Insert "sec. 38"                                                                                                           
                                                                                                                                
     Page 32, line 19:                                                                                                          
     Delete "sec. 40"                                                                                                           
     Insert "sec. 42"                                                                                                           
                                                                                                                                
     Page 32, line 20:                                                                                                          
     Delete "29 - 36, and 38 - 44"                                                                                              
     Insert "29 - 38, and 40 - 46"                                                                                              
                                                                                                                                
     Page 32, lines 21 - 22:                                                                                                    
     Delete "29 - 36, and 38 - 44"                                                                                              
     Insert "29 - 38, and 40 - 46"                                                                                              
                                                                                                                                
     Page 33, line 23:                                                                                                          
     Delete "sec. 38"                                                                                                           
     Insert "sec. 40"                                                                                                           
                                                                                                                                
     Page 33, line 25:                                                                                                          
     Delete "sec. 38"                                                                                                           
     Insert "sec. 40"                                                                                                           
                                                                                                                                
     Page 33, line 30:                                                                                                          
     Delete "sec. 34"                                                                                                           
     Insert "sec. 36"                                                                                                           
                                                                                                                                
     Page 34, line 2:                                                                                                           
     Delete "sec. 35"                                                                                                           
     Insert "sec. 37"                                                                                                           
     Delete "sec. 36"                                                                                                           
     Insert "sec. 38"                                                                                                           
                                                                                                                                
     Page 34, line 5:                                                                                                           
     Delete "sec. 40"                                                                                                           
     Insert "sec. 42"                                                                                                           
                                                                                                                                
     Page 34, line 9:                                                                                                           
     Delete "Section 37"                                                                                                        
     Insert "Section 39"                                                                                                        
                                                                                                                                
     Page 34, line 10:                                                                                                          
     Delete "Section 45"                                                                                                        
     Insert "Section 47"                                                                                                        
                                                                                                                                
     Page 34, line 11:                                                                                                          
     Delete "29 - 36, and 38 - 44"                                                                                              
     Insert "29 - 38, and 40 - 46"                                                                                              
                                                                                                                                
Co-Chair Stoltze OBJECTED for discussion.                                                                                       
                                                                                                                                
Representative   Holmes   explained   that   the   amendment                                                                    
addressed  misdemeanor  offenders   for  driving  under  the                                                                    
influence  (DUI)  offenses.  She stated  that  existing  law                                                                    
allowed  reinstatement   of  the  license  over   time  with                                                                    
enrollment in  the ASAP  program, obtaining  of a  high risk                                                                    
insurance  plan  and  utilizing  an  interlock  device.  The                                                                    
amendment  would allow  the  option  of twice-a-day  testing                                                                    
versus the interlock device.   She noted the efforts in both                                                                    
bodies on the issue, but  recognized that the proper balance                                                                    
had not been achieved so she would withdraw the amendment.                                                                      
                                                                                                                                
Representative Holmes WITHDREW Amendment 1.                                                                                     
                                                                                                                                
8:47:00 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
8:50:56 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Representative Wilson had questions about the fiscal notes.                                                                     
                                                                                                                                
Representative   Costello  pointed   to  the   fiscal  notes                                                                    
including previously  published notes: zero impact  from the                                                                    
Department   of  Administration,   zero   impact  from   the                                                                    
Department of  Administration, fiscal  impact note  from the                                                                    
Department of Corrections.                                                                                                      
                                                                                                                                
8:53:26 PM                                                                                                                    
                                                                                                                                
Representative   Wilson  asked   about  the   Department  of                                                                    
Corrections  fiscal  note.  She  thought that  most  of  the                                                                    
programs  would  be paid  by  the  offender. She  asked  for                                                                    
detailed information on the note.                                                                                               
                                                                                                                                
RON TAYLOR, DEPUTY  COMMISSIONER, DEPARTMENT OF CORRECTIONS,                                                                    
replied  that the  PACE and  risk assessment  programs would                                                                    
not  be paid  for by  the offenders.  He explained  that the                                                                    
24/7 program  would be paid  for by offenders. The  PACE and                                                                    
risk assessment  programs added probation  officer positions                                                                    
to administer the programs.                                                                                                     
                                                                                                                                
Representative  Wilson  asked  if  the  positions  were  all                                                                    
filled  and  how difficult  it  would  be  to fill  14  more                                                                    
positions.                                                                                                                      
                                                                                                                                
Mr. Taylor  replied that  the positions  were new.  The PACE                                                                    
program  was  operational  with a  couple  of  positions  in                                                                    
Anchorage, Palmer  and Fairbanks. The goal  was expansion to                                                                    
a statewide basis.                                                                                                              
                                                                                                                                
Representative  Wilson asked  if  the  PACE pilot  program's                                                                    
positions were filled.                                                                                                          
                                                                                                                                
Mr. Taylor affirmed that the positions were filled.                                                                             
                                                                                                                                
Representative Wilson  was unhappy  with the cost  listed in                                                                    
the fiscal note.                                                                                                                
                                                                                                                                
Representative Edgmon believed that  the fiscal impact would                                                                    
be  offset  by  the   savings  achieved  by  the  electronic                                                                    
monitoring program.                                                                                                             
                                                                                                                                
Mr. Taylor concurred.                                                                                                           
                                                                                                                                
Representative  Wilson wondered  if the  offenders could  be                                                                    
placed on  electronic monitoring  without the  14 additional                                                                    
positions.                                                                                                                      
                                                                                                                                
Mr. Taylor explained  that the PACE program  did not involve                                                                    
electronic monitoring.                                                                                                          
                                                                                                                                
8:56:53 PM                                                                                                                    
                                                                                                                                
Representative Wilson  asked for the savings  resulting from                                                                    
the PACE program.                                                                                                               
                                                                                                                                
Mr. Taylor answered  that there was not  a projected savings                                                                    
for  the PACE  program. He  explained that  the program  was                                                                    
designed  to   target  high-risk  technical   violators  for                                                                    
probation  and   parole  that   would  revisit   the  system                                                                    
repeatedly.  The program  would  ensure expedited  attention                                                                    
and  increased supervision  monitoring  through the  program                                                                    
and through the court.                                                                                                          
                                                                                                                                
Mr. Shilling  clarified that the  27/7 sobriety  program was                                                                    
paid  for  by  offenders,  while the  PACE  program  was  an                                                                    
intensive form  of probation that  would lead to  fewer days                                                                    
in jail.  He agreed that the  intent of the program  was for                                                                    
cost savings resulting  from less jail time.  He pointed out                                                                    
that  states  enacting  similar  programs  experienced  cost                                                                    
savings.   He   agreed   that  electronic   monitoring   was                                                                    
significantly  less expensive  than  housing prisoners,  but                                                                    
the  PACE  program required  new  personnel  to achieve  the                                                                    
savings.                                                                                                                        
                                                                                                                                
8:58:32 PM                                                                                                                    
                                                                                                                                
Representative  Wilson  understood,   but  the  program  was                                                                    
currently operating. She wondered if it was working.                                                                            
                                                                                                                                
Mr. Taylor  answered that  the program  was very  limited in                                                                    
terms of the number of participants.                                                                                            
                                                                                                                                
Representative   Wilson   noted   that   120   people   were                                                                    
participating.  She  thought  more documentation  should  be                                                                    
provided regarding the program's success.                                                                                       
                                                                                                                                
Mr.  Shilling   answered  that  the  judicial   council  had                                                                    
compiled a  comprehensive study on  the PACE  pilot program.                                                                    
He offered  to provide  the results to  the representative's                                                                    
office. He  stated that the results  mirrored those positive                                                                    
savings  seen  in  other state's  participating  in  similar                                                                    
programs.                                                                                                                       
                                                                                                                                
Representative  Wilson believed  that more  time was  needed                                                                    
before 25 additional people were hired.                                                                                         
                                                                                                                                
Mr. Shilling  answered that 14  personnel were  required for                                                                    
the PACE  program and the  additional requests were  for the                                                                    
risk needs assessments program.                                                                                                 
                                                                                                                                
Representative Edgmon  believed that  the bill spoke  to the                                                                    
state's high recidivism  numbers. He spoke to  the high cost                                                                    
of housing  inmates and believed  that the  initial spending                                                                    
would save state money in the long run.                                                                                         
                                                                                                                                
Mr.  Shilling agreed.  He stated  that  probationers were  a                                                                    
large cost  driver for the  department. He stated  that PACE                                                                    
was intended to repair the damaged system.                                                                                      
                                                                                                                                
9:01:19 PM                                                                                                                    
                                                                                                                                
Representative  Costello  continued  to discuss  the  fiscal                                                                    
notes.  She clarified  the  Department  of Corrections  note                                                                    
allowed for  25 positions. Additional fiscal  notes included                                                                    
a previously  published fiscal  impact note  from Department                                                                    
of  Corrections and  a  previously  published fiscal  impact                                                                    
note from the Department of Health and Social Services.                                                                         
                                                                                                                                
Representative Wilson  asked about the Department  of Health                                                                    
and  Social Services  24/7 program.  She wondered  where the                                                                    
funds would be repaid by offenders.                                                                                             
                                                                                                                                
Mr. Shilling  noted that  the fiscal impact  was due  to the                                                                    
24/7 program's  indigency waiver  attached. If  the offender                                                                    
had an  inability to pay, the  state would pay for  the cost                                                                    
of testing. He  explained that the fiscal  note assumed that                                                                    
one third of the people on  24/7 sobriety would be unable to                                                                    
pay. He  opined that  the estimate  was overly  cautious and                                                                    
provided a high estimate.                                                                                                       
                                                                                                                                
9:04:01 PM                                                                                                                    
                                                                                                                                
Co-Chair Stoltze wondered how high the estimate was.                                                                            
                                                                                                                                
Mr.  Shilling  deferred  to an  expert  from  another  state                                                                    
utilizing a similar program.                                                                                                    
                                                                                                                                
Co-Chair  Stoltze  commented that  the  money  would not  be                                                                    
returned to the  general fund once the bill  passed with the                                                                    
accompanying fiscal note.                                                                                                       
                                                                                                                                
Representative  Wilson replied  that the  question had  been                                                                    
asked earlier  in the day.  She thought the  offenders would                                                                    
pay for  the program. She  asked for a clarification  on the                                                                    
program.                                                                                                                        
                                                                                                                                
Mr. Shilling  replied that the  fiscal note  separated costs                                                                    
for   electronic  monitoring   and  in-person   testing.  He                                                                    
estimated that the in-person testing  would cost $5 per day,                                                                    
while the electronic  monitoring would cost $10  per day. He                                                                    
wished to hear more about the department's estimate.                                                                            
                                                                                                                                
Representative Wilson commented that  the program was active                                                                    
and  vendors  were  already   performing  the  service.  She                                                                    
believed that the estimates would be simple to obtain.                                                                          
                                                                                                                                
Co-Chair Stoltze  welcomed a suggestion for  a reduction. He                                                                    
suggested a 25 percent reduction.                                                                                               
                                                                                                                                
Representative Wilson suggested reducing  the fiscal note to                                                                    
$500,000, removing the portion  for offenders that could not                                                                    
pay.                                                                                                                            
                                                                                                                                
9:06:54 PM                                                                                                                    
                                                                                                                                
Mr. Shilling asked DOC to elaborate on a current program.                                                                       
                                                                                                                                
Mr.  Taylor relayed  that indigent  people accounted  for 20                                                                    
percent of  the people  with electronic  monitoring systems.                                                                    
He clarified  that the  program was  separate from  the 24/7                                                                    
program.                                                                                                                        
                                                                                                                                
Representative Wilson  had been  informed by  the department                                                                    
that those criminals utilizing  ankle bracelets could afford                                                                    
to pay the cost.                                                                                                                
                                                                                                                                
Vice-Chair Neuman  asked if the  department had  the ability                                                                    
to take Permanent Fund Dividends to cover the cost.                                                                             
                                                                                                                                
Mr. Taylor replied yes.                                                                                                         
                                                                                                                                
Co-Chair  Stoltze  asked  if   there  was  an  objection  to                                                                    
reducing  the  fiscal  note  to  $500,000.  There  being  NO                                                                    
OBJECTION, it was so ordered.                                                                                                   
                                                                                                                                
Representative Gara OBJECTED and  stated that the savings of                                                                    
the jail bed  cost was not reflected in the  fiscal note. He                                                                    
was worried that the savings would be unraveled.                                                                                
                                                                                                                                
Co-Chair Stoltze  asked Representative Gara if  he wished to                                                                    
have a roll call.                                                                                                               
                                                                                                                                
Representative Gara responded  that he did not  wish to have                                                                    
a roll call if he was alone in his opinion.                                                                                     
                                                                                                                                
Co-Chair Stoltze stated that the  fiscal note was reduced to                                                                    
$500,000 and the revised fiscal note was ADOPTED.                                                                               
                                                                                                                                
Representative  Costello  discussed   the  remaining  fiscal                                                                    
notes including  one fiscal impact  note from  Department of                                                                    
Health and Social Services, one  indeterminate note from the                                                                    
Department of Law,  one zero impact note from  the Office of                                                                    
the Governor,  one zero  impact note  from the  Alaska Court                                                                    
System, and  one fiscal  impact note  from the  Alaska Court                                                                    
System.                                                                                                                         
                                                                                                                                
9:11:53 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:12:18 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Co-Chair Stoltze MOVED to  ADOPT Amendment 2, 28-LS0116\Q.7,                                                                    
Gardner, 4/19/14, (copy on file).                                                                                               
                                                                                                                                
     Page 16, line 31, through page 17, line 3:                                                                                 
          Delete  "by  electronic  monitoring at  a  private                                                                    
          residence, or  at a community  residential center.                                                                    
          If  electronic monitoring  at a  private residence                                                                    
          or [OR, IF] a community residential center:                                                                           
          Insert "at  a community  residential center  or by                                                                    
          electronic monitoring  at a private  residence. If                                                                    
          [,IF]   a   community    residential   center   or                                                                    
          electronic monitoring at a private residence"                                                                         
                                                                                                                                
Representative Holmes OBJECTED for discussion.                                                                                  
                                                                                                                                
DANIEL   GEORGE,   STAFF,   REPRESENTATIVE   BILL   STOLTZE,                                                                    
explained that  the amendment was  brought to  the committee                                                                    
by the Department of Corrections.  The language read that an                                                                    
individual  could serve  their  incarceration by  electronic                                                                    
monitoring   at  a   private   residence   or  a   community                                                                    
residential  center, which  might be  confusing to  a person                                                                    
interpreting the law in the  future. The intent was not that                                                                    
electronic  monitoring  would  be required  at  a  community                                                                    
residential   center.   By   changing   the   language   the                                                                    
legislature would provide clear instruction.                                                                                    
                                                                                                                                
Co-Chair  Stoltze clarified  that the  amendment applied  to                                                                    
the finance version of the bill rather than the judiciary.                                                                      
                                                                                                                                
Mr.    Taylor   agreed    that   the    amendment   provided                                                                    
clarification.                                                                                                                  
                                                                                                                                
Representative  Holmes WITHDREW  her OBJECTION.  There being                                                                    
NO further  OBJECTION, it  was so  ordered. Amendment  2 was                                                                    
ADOPTED.                                                                                                                        
                                                                                                                                
Vice-Chair Neuman  MOVED to REPORT  HCS CSSB 64(FIN)  out of                                                                    
committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal notes.                                                                                                      
                                                                                                                                
Co-Chair Stoltze OBJECTED for discussion.                                                                                       
                                                                                                                                
Representative Wilson  expressed disappointment in  the lack                                                                    
of  statistics available  for the  programs seeking  funding                                                                    
through the bill. She requested  semiannual reports from the                                                                    
department to  help the legislature  determine the  best use                                                                    
of funds in  the future. She valued  current statistics when                                                                    
making large item budget decisions.                                                                                             
                                                                                                                                
9:16:14 PM                                                                                                                    
                                                                                                                                
Representative  Holmes stated  that recidivism  was a  large                                                                    
problem and she did not wish  to see another project akin to                                                                    
Goose Creek  Correctional Center.  She credited  the sponsor                                                                    
and staff for their hard work on the legislation.                                                                               
                                                                                                                                
Co-Chair Stoltze  commented on  the section related  to Post                                                                    
Traumatic Stress Disorder (PTSD).                                                                                               
                                                                                                                                
Representative Gara appreciated the section.                                                                                    
                                                                                                                                
Representative  Edgmon   stressed  that   the  legislation's                                                                    
expense would  grow if the  strategies in the bill  were not                                                                    
employed.  He  supported  the  bill  and  posited  that  the                                                                    
programs worked well in other states.                                                                                           
                                                                                                                                
Representative Gara noted that one  cost was not measured in                                                                    
the legislation.  He stated that fewer  victims would suffer                                                                    
if criminals were  monitored 24 hours a day.  He stated that                                                                    
a price for the safety was impossible to calculate.                                                                             
                                                                                                                                
9:19:05 PM                                                                                                                    
                                                                                                                                
Vice-Chair  Neuman discussed  victims  in  Alaska. He  hoped                                                                    
that  a  reduction  in  recidivism  would  result  in  fewer                                                                    
victims. He  mentioned the efforts  in the Mat-Su  valley to                                                                    
educate community members about crime  in the area. He spoke                                                                    
about  the troopers  involved in  investigations related  to                                                                    
low-level  drug crimes  and robberies.  He  stated that  the                                                                    
legislature must help ensure that  the department reports on                                                                    
the  spending   to  determine   which  programs   were  most                                                                    
effective.                                                                                                                      
                                                                                                                                
9:20:50 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:21:32 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Representative  Gara  spoke to  the  PTSD  component of  the                                                                    
bill.  He  appreciated  Co-Chair Stoltze's  support  of  the                                                                    
item. He  discussed that the  disorder had increased  due to                                                                    
numerous  wars. He  explained that  PTSD  was triggered  and                                                                    
those  people who  could not  escape  their trigger  endured                                                                    
great suffering. He stated  that incarcerated prisoners were                                                                    
susceptible to inescapable triggers  in their jail cells. He                                                                    
pointed out  the bill's sentence  mitigator provided  to the                                                                    
accused  if combat-related  PTSD or  traumatic brain  injury                                                                    
was a substantial cause for  committing the crime. A similar                                                                    
mitigator was allowed for fetal alcohol syndrome.                                                                               
                                                                                                                                
Representative   Holmes    addressed   the    24/7   license                                                                    
provisions.  She  understood  the  public's  concerns  about                                                                    
drinking  alcohol and  driving.  She argued  in  favor of  a                                                                    
limited  license  following   a  driving  while  intoxicated                                                                    
infraction. She  advocated for the ignition  interlocks. She                                                                    
stated that  the 24/7 program  allowed for testing  every 12                                                                    
hours, which she deemed optimal.                                                                                                
                                                                                                                                
9:25:57 PM                                                                                                                    
                                                                                                                                
Co-Chair Stoltze appreciated the  work done by Mr. Shilling.                                                                    
He appreciated  the work  done by his  staff Mr.  George. He                                                                    
spoke to the significant work done on the bill.                                                                                 
                                                                                                                                
The committee  applauded for the  work done by  Mr. Shilling                                                                    
and Mr. George.                                                                                                                 
                                                                                                                                
Co-Chair Stoltze WITHDREW his OBJECTION.                                                                                        
                                                                                                                                
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
HCSCSSB 64(FIN)  was REPORTED  out of  committee with  a "do                                                                    
pass" recommendation and with one  new zero fiscal note from                                                                    
the Alaska  Court System, one new  indeterminate fiscal note                                                                    
from the Department of Law,  one new fiscal impact note from                                                                    
the Alaska  Court System,  one new  fiscal impact  note from                                                                    
the Department  of Corrections, one  new fiscal  impact note                                                                    
from  the  House Finance  Committee  for  the Department  of                                                                    
Health and Social Services,  three previously published zero                                                                    
fiscal  notes, FN8  (ADM), FN10  (ADM) and  FN13 (GOV),  two                                                                    
previously  published fiscal  impact notes:  FN14 (DHS)  and                                                                    
FN16 (COR).                                                                                                                     
                                                                                                                                
9:28:31 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
11:23:45 PM                                                                                                                   
RECONVENED                                                                                                                      
                                                                                                                                

Document Name Date/Time Subjects
HFC CS SB 108 (FIN).pdf HFIN 4/19/2014 8:30:00 AM
SB 108
CS WORKDRAFT FIN Y version.pdf HFIN 4/19/2014 8:30:00 AM
SB 193
SB 108 Court View Disclaimer.pdf HFIN 4/19/2014 8:30:00 AM
SB 108
SB 64 CS WORKDRAFT HFIN 28-LS0116Q.pdf HFIN 4/19/2014 8:30:00 AM
SB 64
SB 140 CS WORKDRAFT FIN 28-LS1246B.pdf HFIN 4/19/2014 8:30:00 AM
SB 140
SB 71 CS WORKDRAFT FIN 28-LS0594H.pdf HFIN 4/19/2014 8:30:00 AM
SB 71
SB 64 MADD Document.pdf HFIN 4/19/2014 8:30:00 AM
SB 64
SB 218 CS WORKDRAFT HFIN 28-LS1567-P.pdf HFIN 4/19/2014 8:30:00 AM
SB 218
SB 71 Amendment Munoz #1 HFIN.pdf HFIN 4/19/2014 8:30:00 AM
SB 71
SB 64 Amendment #1 Holmes.pdf HFIN 4/19/2014 8:30:00 AM
SB 64
SB 64 Amendment Replacement #1 Holmes.pdf HFIN 4/19/2014 8:30:00 AM
SB 64