Legislature(2005 - 2006)SENATE FINANCE 532
03/27/2006 09:00 AM Senate FINANCE
| Audio | Topic |
|---|---|
| Start | |
| SB310 | |
| SB189 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 310 | TELECONFERENCED | |
| += | SB 289 | TELECONFERENCED | |
| + | SB 189 | TELECONFERENCED | |
| + | TELECONFERENCED |
MINUTES
SENATE FINANCE COMMITTEE
March 27, 2006
9:04 a.m.
CALL TO ORDER
Co-Chair Lyda Green convened the meeting at approximately
9:04:20 AM.
PRESENT
Senator Lyda Green, Co-Chair
Senator Gary Wilken, Co-Chair
Senator Fred Dyson
Senator Bert Stedman
Also Attending: SENATOR CHARLIE HUGGINS; DARWIN PETERSON, Staff
to Co-Chair Green; SHARLEEN GRIFFIN, Director, Division of
Administrative Services, Department of Corrections, DON
ETHERIDGE, Alaska State AFL-CIO; DEBORAH GRUNDMANN, Staff to
Senator Huggins;
Attending via Teleconference: From Anchorage: DUANE BANNOCK,
Director, Division of Motor Vehicles, Department of
Administration; From an offnet location: MATTHEW KERR
SUMMARY INFORMATION
SB 310-EMPLOYMENT OF PRISONERS
The Committee heard from the sponsor, the Department of
Corrections and a labor union. The bill was reported from
Committee.
SB 189-REQUIREMENTS FOR DRIVER'S LICENSE/I.D.
The Committee heard from the sponsor, the Department of
Administration and a member of the public. The bill was reported
from Committee.
SB 289-INSURANCE
This bill was scheduled but not heard.
9:04:56 AM
SENATE BILL NO. 310
"An Act relating to the employment of prisoners; and
providing for an effective date."
This was the first hearing for this bill in the Senate Finance
Committee.
DARWIN PETERSON, Staff to Co-Chair Green, presented this bill
sponsored by the Senate Finance Committee. He overviewed the
sponsor statement, which reads as follows.
The legislation that created the Alaska Correctional
Industries program and commission was repealed on July 1,
2005. The primary purpose of SB 310 is to provide the
necessary statutory authority so the Department of
Corrections can continue providing inmate work and training
programs without interruption.
SB 310 is needed to provide for employment of prison
inmates under AS 33.30. This employment program will be
funded from Receipt Support Services funds. The bill
provides the necessary statutory authority to participate
in critical federal Prison Industry Enhancement (PIE)
programs. It also grants the authority to actively
participate and partner with private enterprise. These
partnerships will provide realistic work experience and
vocational training for prisoners under conditions similar
to those that prevail in the private sector. SB 310 will
allow the department to make a deduction from the
offenders' wages to apply to the cost of confinement. These
receipts will support the prison employment program.
In addition, the prison employment program will allow
inmates to work toward financial responsibility by taking
deductions from wages to pay for child support, victim
restitution, criminal fines, civil judgments, fees for
utilities, as well as other obligations.
SB 310 is a vital piece of legislation if we are to
continue inmate work and vocational training programs in
our correctional facilities.
9:07:15 AM
Senator Dyson recalled several years prior that limited space
acerbated a problem with classifying long-term prisoners and
housing them in one location where investments in training them
would be feasible. He asked if progress has been made to address
this.
9:07:54 AM
SHARLEEN GRIFFIN, Director, Division of Administrative Services,
Department of Corrections, testified that the problem has been
somewhat abated. She told of the women's sewing shop at the
Hiland Mountain Correctional Center, and the recently opened
men's sewing shop located at the Meadow Creek site. That
facility has a large labor force despite the rotations. The
inmates who are working and the production managers are able to
train other inmates. The wood furniture shop is located at the
Seward facility, which houses a long-term stable work force. The
Lemon Creek Correctional Center houses the laundry industry and
a sterile laundry program. No problems with the workforce or
training exist at the Juneau location.
9:08:45 AM
Senator Dyson was encouraged. He reminded that the Division of
Parks and Outdoor Recreation and the Department of
Transportation and Public Facilities considered utilizing prison
labor for trail work and brush clearing. This was deemed
unfeasible because the agencies would not know the number of
qualified workers would be available. He asked if a program in
which inmates participate as day laborers would be possible.
9:09:34 AM
Ms. Griffin replied that such activities are possible, although
notice would be required, as institutions are "very scheduled".
Staff availability and classification of inmates suitable for
travel outside the facility must be accommodated in advance.
9:10:03 AM
Senator Dyson requested an update on these efforts.
9:10:19 AM
Ms. Griffin assured she would report future progress to him.
Over the past few years, inmates have done brush clearing work
for the Alaska Railroad Corporation, as well as community work
near the Point Mackenzie Correctional Farm. Offenders housed at
the Lemon Creek Correctional Center have painted some of the
Department's central administration offices.
9:10:46 AM
Senator Dyson appreciated these efforts.
9:10:52 AM
Co-Chair Green noted that the ability to provide day labor
services would be dependant upon the level of confinement of
inmates, whether minimum, medium or maximum security.
9:11:14 AM
Senator Stedman asked the percentage of inmates who participated
in a work training program who furthered employment in that
field upon release from prison. He asked if the results of the
programs are to occupy inmates' time or train them for jobs.
9:11:50 AM
Ms. Griffin was unsure the percentages. However, participation
in these programs teaches general responsibility and prepares
inmates for work environments. It also provides a management
tool.
9:12:56 AM
Senator Stedman understood the general benefits. He relayed that
as a college student in the state of Oregon, he recalled other
students in the vocational technical programs, who were
furthering their training received while they were in prison.
The training they got while incarcerated assisted them in having
a career, the ability to earn a good income and support their
families if they decided to remain law abiding.
9:13:46 AM
Co-Chair Green surmised this is the goal. She was unsure that
"you can always inspire others with your own dream in these
settings."
Co-Chair Green understood that the legislature had incorrectly
allowed a program to lapse. This legislation would allow funding
appropriated to the program to be transferred to that program.
9:14:13 AM
Ms. Griffin affirmed. She also stressed this legislation is
necessary to allow continuation of the inmate employment
program. The statutes that had lapsed included a provision that
this program would have no obligation to workers' compensation
insurance. Without this legislation, the program is questionable
because the State would be required to provide workers'
compensation insurance for inmate labor.
Ms. Griffin continued that this bill would allow the Department
to participate in prison industry enhancement programs certified
through the Correctional Industries Association, which is
supported by the Bureau of Justice Assistance. These programs
allow the State to enter relationships with private businesses
to sell products across state lines. They are governed by
several requirements to ensure against unfair competition with
private vendors; that the State pays the prevailing wage for
those jobs, that studies are done to determine the impact of
these industries; and allowances for the cost of care to allow
the offender to help support the cost of the program.
9:15:52 AM
DON ETHERIDGE, Alaska State AFL-CIO, testified in support of the
prison industry program. However, he was concerned with the
provision of this bill making one person the determiner of the
minimal effects on the current workforce. Incorrect decisions
could put people out of work. He supported the inmate work
program and has hired inmates of the halfway house as day
laborers.
9:17:11 AM
Co-Chair Green asked if other statutes address the competition
issue.
9:17:21 AM
Mr. Etheridge was unsure.
9:17:25 AM
Ms. Griffin informed that the Correctional Industries
Association, which administers the Prison Industry Enhancement
Act for the federal government, has mandatory criteria. One
requires that a prison industry program could not impact labor
unions or existing workers.
9:18:00 AM
Co-Chair Green requested a copy of those requirements [copy on
file].
9:18:11 AM
Mr. Etheridge was not aware of this criterion. He pointed out
that prison industry has replaced union labor in brush cutting.
9:18:46 AM
Co-Chair Green surmised that union workers could return to brush
cutting activities, as inmate labor would be reduced for this
task.
9:18:59 AM
Mr. Etheridge responded that at-risk youth groups are
undertaking brush-cutting projects across the state. The labor
source for this activity is not fair competition.
9:19:23 AM
Senator Stedman noted the legislative appropriations for large
capital projects are increasing the needs for workers. He asked
the labor pool available for these new construction projects
versus smaller projects, including brush cutting and license
plate manufacturing. He asked if a worker shortage exists.
9:20:16 AM
Mr. Etheridge replied that some fields are experiencing a worker
shortage. The unions are making significant efforts statewide in
training more workers through apprenticeship programs in all
fields of labor.
9:21:19 AM
Senator Stedman commented on the difficulty of the issue.
Incarcerated inmates need to be occupied and need job training.
Also, workers must have employment.
9:22:03 AM
Mr. Etheridge agreed. The union's concern is the use of workers
earning minimum wage to replace other workers who would be out
of a good job. This could result in the displaced workers being
incarcerated when they are out of work and "do something stupid"
to try to pay their bills.
9:22:56 AM
Co-Chair Wilken offered a motion to report the bill from
Committee with individual recommendations and new fiscal notes.
There was no objection and SB 310 MOVED from Committee with a
zero fiscal note dated 3/24/06 from the Department of Labor and
Workforce Development and a zero fiscal note dated 3/24/06 from
the Department of Corrections.
9:23:13 AM
CS FOR SENATE BILL NO. 189(STA)
"An Act relating to issuance of identification cards and to
issuance of driver's licenses; and providing for an
effective date."
This was the first hearing for this bill in the Senate Finance
Committee.
9:23:42 AM
SENATOR CHARLIE HUGGINS, sponsor of this bill testified it is
important to the country and to the state. It provides that
Alaska "does its part." In May 2005, President George W. Bush
signed the Real ID Act into law, which establishes requirements
that states must comply with.
Senator Huggins stated that legal residents and US citizens
would not be impacted by this legislation. It would cause
difficulty for people in the country illegally by preventing
them from obtaining a drivers license.
Senator Huggins informed that the Division of Motor Vehicles
accepts 15 to 20 types of documents for drivers' license
issuance. The drivers' license of a person residing in the US as
a college student, or residents "on an indefinite visit to the
United States of America from outside" would expire after one
year.
Senator Huggins concluded that this legislation would provide it
very difficult or impossible for a person in the United States
illegally to obtain a drivers license in the state of Alaska.
9:25:29 AM
Co-Chair Green noted the large demonstration held in Washington,
DC on US immigration policy that where recently held.
Co-Chair Green asked if this legislation would require
additional identification from US citizens.
9:26:02 AM
Senator Huggins replied that this bill would not change the
status of those people.
9:26:10 AM
Senator Stedman shared that he had unsuccessfully attempted to
use his State-issued Senate ID card to board an airline.
9:26:36 AM
Senator Huggins told of a possible argument in opposition to
this bill is a claim that it is an attempt at implementing a
national identification system. However, this bill would not
accomplish this.
9:27:05 AM
Co-Chair Wilken noted the reference to "conditional resident
alien" on page 1, line 8 of the bill, and asked if this pertains
to a person with a "green card".
9:27:20 AM
DEBORAH GRUNDMANN, Staff to Senator Huggins, read the federal
definition of conditional resident alien as follows.
A conditional resident alien is any alien granted permanent
resident status on a conditional basis. Example: a spouse
of a US citizen, an immigrant investor who is required to
petition for the removal of the set of conditions before
the second anniversary of approval of his or her
conditional status.
Ms. Grundmann was unsure if this included individuals holding a
green card.
9:28:39 AM
DUANE BANNOCK, Director, Division of Motor Vehicles, Department
of Administration, testified via teleconference from Anchorage
that Senator Huggins adeptly explained why this legislation is
important. It would make the Division compliant with the federal
Real ID Act.
Mr. Bannock stated that under the provisions of this bill, to
obtain an Alaska drivers' license a person must be a US citizen
or prove that they are residing in the country legally. In the
case of legal residents who are not US citizens the expiration
date of the drivers' license would be different.
Mr. Bannock spoke to misinformation regarding the Real ID Act,
of which this legislation is one component. As a result of past
administration policies of the Division, Alaska is already
nearly compliant with the federal law. The majority of the
Division's policies have been established in regulation. This
bill would make much of the regulation statutory.
9:30:49 AM
MATTHEW KERR testified via teleconference from an offnet
location that he opposed this bill and the federal Real ID Act.
He predicted significant financial costs associated with
frequent license renewals. A foreign student would be required
to visit the Division up to five times during their four-year
education, which would be inconvenient to the student and
cumbersome for the Division. If he were a student from another
country attending college in the US and this legislation were in
effect, he would ignore its provisions and continue to utilize
his drivers' license from his home country. This would result in
increased public safety expenses. Drivers operating motor
vehicles in the US should receive training to drive in this
country. The driving laws and requirements for obtaining a
license in Russia are considerably different.
9:36:55 AM
Co-Chair Green indicated she would distribute a written copy of
the Mr. Kerr's testimony if he provided it to her office.
9:37:03 AM
Senator Huggins asserted that Mr. Kerr just explained why this
legislation is necessary. Protection against foreigners
intending harm to the US is not the sole task of each state's
Division of Motor Vehicles, or state law enforcement, the
Federal Bureau of Investigation, or the Central Intelligence
Agency. It is the responsibility of all these agencies.
Senator Huggins was not concerned that a foreign-national
college student attending the University of Alaska, Anchorage
must renew his or her drivers' license each year. A college
student in North Carolina recently "rammed through the
population", giving his reason as "he didn't like the people
there [be]cause he thought that they were… killing people of his
religious group." Senator Huggins stressed, "That's the real
world." If the Alaska Division of Motor Vehicles could
discourage such occurrences, or contribute in the capture of a
non-citizen with similar intentions, this legislation would be
successful.
9:38:33 AM
Co-Chair Wilken offered a motion to report the bill from
Committee with individual recommendations and accompanying
fiscal note.
Without objection CS SB 189(STA) was MOVED from Committee with
fiscal note #1 of $20,000 from the Department of Administration.
9:38:54 AM AT EASE
9:39:10 AM
Co-Chair Wilken announced that the budget subcommittees would
conclude and the full Committee would consider the FY 07
operating budget during the following weeks. A schedule would be
published soon.
ADJOURNMENT
Co-Chair Lyda Green adjourned the meeting at 9:39:44 AM
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