Legislature(2013 - 2014)HOUSE FINANCE 519

04/19/2014 08:30 AM 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
                  HOUSE FINANCE COMMITTEE                                                                                       
                      April 19, 2014                                                                                            
                         8:46 a.m.                                                                                              
                                                                                                                                
                                                                                                                                
8:46:33 AM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Stoltze called the  House Finance Committee meeting                                                                    
to order at 8:46 a.m.                                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Alan Austerman, Co-Chair                                                                                         
Representative Bill Stoltze, Co-Chair                                                                                           
Representative Mark Neuman, Vice-Chair                                                                                          
Representative Mia Costello                                                                                                     
Representative Bryce Edgmon                                                                                                     
Representative Les Gara                                                                                                         
Representative David Guttenberg                                                                                                 
Representative Lindsey Holmes                                                                                                   
Representative Cathy Munoz                                                                                                      
Representative Steve Thompson                                                                                                   
Representative Tammie Wilson                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Heather Shadduck,  Staff, Senator Pete Kelly;  Senator Peter                                                                    
Micciche;    Sara    Chambers,   Director,    Division    of                                                                    
Corporations,    Business   and    Professional   Licensing,                                                                    
Department of Commerce,  Community and Economic Development;                                                                    
Senator  Fred  Dyson;  Anne  Carpeneti,  Assistant  Attorney                                                                    
General, Legal  Services Section-Juneau,  Criminal Division,                                                                    
Department  of Law;  Nancy  Meade,  General Counsel,  Alaska                                                                    
Court System; Chuck Kopp, Staff,  Senator Fred Dyson; Daniel                                                                    
George,  Staff, Representative  Bill  Stoltze; Jesse  Logan,                                                                    
Staff,  Senator  Lesil  McGuire; Suzanne  Armstrong,  Staff,                                                                    
Senator Kevin  Meyer; Senator John Coghill,  Sponsor; Jordan                                                                    
Shilling, Staff,  Senator John  Coghill; Ron  Taylor, Deputy                                                                    
Commissioner, Department of Corrections.                                                                                        
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Pat Pitney, University of Alaska Fairbanks, Fairbanks                                                                           
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
CSSB 64(FIN)                                                                                                                    
          OMNIBUS CRIME/CORRECTIONS/RECIDIVISM BILL                                                                             
                                                                                                                                
          HCS  CSSB 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, FN  8(ADM), FN10 (ADM) and  FN13 (GOV), two                                                                    
          previously  published  fiscal impact  notes:  FN14                                                                    
          (DHS) and FN16 (COR).                                                                                                 
                                                                                                                                
CSSB 71(FIN)                                                                                                                    
          PAYMENT OF FISHERY RESOURCE LANDING TAX                                                                               
                                                                                                                                
          HCSCSSB  71 (FIN)  was REPORTED  out of  committee                                                                    
          with  a  "do  pass" recommendation  and  with  one                                                                    
          previously published  zero fiscal note:  FN3 (CED)                                                                    
          and one previously  published indeterminate fiscal                                                                    
          note: FN4 (REV).                                                                                                      
                                                                                                                                
SB 74     UNIVERSITY OF ALASKA BUILDING FUND                                                                                    
                                                                                                                                
          SB 74  was REPORTED  out of  committee with  a "do                                                                    
          pass" recommendation and with  one new zero fiscal                                                                    
          note  from the  Department of  Administration, one                                                                    
          new zero  fiscal note from the  University and one                                                                    
          new  zero  fiscal  note  from  the  Department  of                                                                    
          Revenue.                                                                                                              
                                                                                                                                
CSSB 108 (JUD)                                                                                                                  
         CONFIDENTIALITY OF CRIMINAL CASE RECORDS                                                                               
                                                                                                                                
          CSSB 108(JUD) was HEARD and  HELD in committee for                                                                    
          further consideration.                                                                                                
                                                                                                                                
CSSB 119 (FIN)am                                                                                                                
          BUDGET: CAPITAL                                                                                                       
                                                                                                                                
          CSSB 119 (FIN)am was SCHEDULED but not HEARD.                                                                         
                                                                                                                                
CSSB 218(FIN)                                                                                                                   
          MUNI BOND BANK; UAF HEAT & PWR PLANT                                                                                  
                                                                                                                                
          HCS CSSB  218(FIN) was  REPORTED out  of committee                                                                    
          with  no recommendation  and  with two  previously                                                                    
          published fiscal notes: FN1 (UA) and FN4 (REV).                                                                       
                                                                                                                                
CSSB 140(FIN)                                                                                                                   
          AIDEA: ARCTIC DEVELOPMENT PROGRAM/FUND                                                                                
                                                                                                                                
          HCSCSSB 140  (FIN) was  REPORTED out  of committee                                                                    
          with   a  "do   pass"   recommendation  and   with                                                                    
          previously  published  fiscal   impact  note:  FN1                                                                    
          (CED).                                                                                                                
                                                                                                                                
HCSSB 193 (FIN)                                                                                                                 
          CONTRACTORS: BONDS; LICENSING                                                                                         
                                                                                                                                
          HCSSB  193 (FIN)  was  REPORTED  out of  committee                                                                    
          with a  "do pass" recommendation and  with one new                                                                    
          zero fiscal note from the  Department of Labor and                                                                    
          Workforce  Development  and  one new  zero  fiscal                                                                    
          note  from the  Department of  Commerce, Community                                                                    
          and Economic Development.                                                                                             
                                                                                                                                
SENATE BILL NO. 74                                                                                                            
                                                                                                                                
     "An  Act creating  the  University  of Alaska  building                                                                    
     fund for  the payment  by the  University of  Alaska of                                                                    
     the costs  of use, management,  operation, maintenance,                                                                    
     and   depreciation   of   space   in   buildings;   and                                                                    
     authorizing the  Board of Regents of  the University of                                                                    
     Alaska to designate buildings for  which the fund is to                                                                    
     be used."                                                                                                                  
                                                                                                                                
8:47:36 AM                                                                                                                    
                                                                                                                                
HEATHER  SHADDUCK, STAFF,  SENATOR PETE  KELLY informed  the                                                                    
committee that  the bill would  create a special  account in                                                                    
the general fund for the  university building fund. The fund                                                                    
was modeled  after the public building  fund. The university                                                                    
would utilize  the long-term sustainable model  in an effort                                                                    
to  control deferred  maintenance  costs. The  legislation's                                                                    
intent was for culture  change regarding university building                                                                    
maintenance.                                                                                                                    
                                                                                                                                
Co-Chair  Stoltze  noted  that  the  last  hearing  included                                                                    
invited testimony  and university presentations.  He pointed                                                                    
out the absence of testifiers, both in the room and online.                                                                     
                                                                                                                                
Co-Chair Stoltze CLOSED public testimony.                                                                                       
                                                                                                                                
8:49:32 AM                                                                                                                    
                                                                                                                                
Representative   Wilson  asked   about  the   Alaska  public                                                                    
building fund.                                                                                                                  
                                                                                                                                
Ms.  Shadduck  did  not  know how  much  the  Alaska  public                                                                    
building fund was worth.                                                                                                        
                                                                                                                                
Representative  Wilson stated  that an  illustration of  the                                                                    
fund's success  might have  provided worthy  information for                                                                    
committee members.                                                                                                              
                                                                                                                                
Co-Chair  Stoltze   agreed  that   a  presentation   of  the                                                                    
comparative model would be helpful.                                                                                             
                                                                                                                                
8:50:16 AM                                                                                                                    
                                                                                                                                
Representative  Costello  discussed  the three  zero  fiscal                                                                    
notes.                                                                                                                          
                                                                                                                                
Vice-Chair Neuman  MOVED to  REPORT SB  74 out  of committee                                                                    
with individual recommendations  and the accompanying fiscal                                                                    
notes. There being NO OBJECTION, it was so ordered.                                                                             
                                                                                                                                
SB  74  was REPORTED  out  of  committee  with a  "do  pass"                                                                    
recommendation and  with one new  zero fiscal note  from the                                                                    
Department of Administration, one  new zero fiscal note from                                                                    
the  University  and  one  new zero  fiscal  note  from  the                                                                    
Department of Revenue.                                                                                                          
                                                                                                                                
8:51:38 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
8:53:10 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
SENATE BILL NO. 193                                                                                                           
                                                                                                                                
     "An Act relating to bonds required for contractors."                                                                       
                                                                                                                                
8:53:19 AM                                                                                                                    
                                                                                                                                
Co-Chair  Stoltze  noted that  the  bill  was debated  in  a                                                                    
previous committee  hearing. He stated that  the proposed CS                                                                    
deleted the provision for "handyman."                                                                                           
                                                                                                                                
Representative Wilson MOVED to  ADOPT the proposed committee                                                                    
substitute  for  SB  193, Work  Draft  28-LS0697\Y  (Martin,                                                                    
4/17/14).   Representative  Guttenberg   objected  for   the                                                                    
purpose of discussion.                                                                                                          
                                                                                                                                
Co-Chair Stoltze asked if the  senator was familiar with the                                                                    
intent of the language change in the CS.                                                                                        
                                                                                                                                
SENATOR   PETER   MICCICHE  suggested   a   misunderstanding                                                                    
regarding  the  term  "handyman."   He  clarified  that  the                                                                    
handyman  category  protected  the handyman's  interests.  A                                                                    
handyman would  require a $5  thousand bond rather  than the                                                                    
$10 thousand  expected from  a contractor.  If a  person was                                                                    
not a contractor,  the regulations would not  be changed. He                                                                    
explained  that the  decreased bond  cost  was requested  by                                                                    
Alaskan handymen.                                                                                                               
                                                                                                                                
8:55:30 AM                                                                                                                    
                                                                                                                                
SARA CHAMBERS, DIRECTOR,  DIVISION OF CORPORATIONS, BUSINESS                                                                    
AND   PROFESSIONAL   LICENSING,  DEPARTMENT   OF   COMMERCE,                                                                    
COMMUNITY AND  ECONOMIC DEVELOPMENT, stated  that Department                                                                    
of Commerce, Community  and Economic Development experienced                                                                    
frequent  requests from  handymen for  state licensure.  She                                                                    
noted  that a  misconception  existed  within the  community                                                                    
regarding  the  complex  exemption   list  provided  by  the                                                                    
department.                                                                                                                     
                                                                                                                                
Co-Chair Stoltze asked if a  handyman would obtain a regular                                                                    
business license.                                                                                                               
                                                                                                                                
Ms.  Chambers  concurred,  but  noted  that  the  guidelines                                                                    
regarding  the  necessity  of a  contractor's  license  were                                                                    
often confusing.  The department  believed that  codifying a                                                                    
handyman license  for the correct professional  and business                                                                    
license  categories would  assist those  people seeking  the                                                                    
licensure.                                                                                                                      
                                                                                                                                
8:57:30 AM                                                                                                                    
                                                                                                                                
Senator  Micciche stated  that the  change in  the CS  would                                                                    
move the handyman into a  higher category and cost them more                                                                    
for licensing. He believed that  the objective of the CS was                                                                    
to  save money  for  the handyman,  but  instead the  change                                                                    
moved  them  into a  more  expensive  level of  bonding.  He                                                                    
stated that  the bond would  cost $150 to $250  annually for                                                                    
the entry  level, which would  protect the handyman  and the                                                                    
customer.                                                                                                                       
                                                                                                                                
8:58:45 AM                                                                                                                    
                                                                                                                                
Representative Wilson asked how  the CS and original version                                                                    
affected the handyman.                                                                                                          
                                                                                                                                
Senator  Micciche  responded  that for  earnings  less  than                                                                    
$2500 per  job nothing changed.  He noted that the  bill did                                                                    
not alter the laws  governing contractors. He clarified that                                                                    
the action of  advertising would lead to  establishment of a                                                                    
contractor status.                                                                                                              
                                                                                                                                
Co-Chair Stoltze noted that advertising was the trigger.                                                                        
                                                                                                                                
9:00:27 AM                                                                                                                    
                                                                                                                                
Representative Wilson  pointed out the  qualification figure                                                                    
of $10 thousand.                                                                                                                
                                                                                                                                
Senator Micciche responded that  prior to the legislation, a                                                                    
contractor required insurance at  $2500, but did not require                                                                    
a bond.                                                                                                                         
                                                                                                                                
Representative  Wilson  asked  if  the  CS  would  cause  an                                                                    
expense for the handyman category  that was prevented in the                                                                    
original legislation.                                                                                                           
                                                                                                                                
Senator Micciche responded that  that a lower-level handyman                                                                    
would pay between  $150 and $250 more for the  bond with the                                                                    
CS.                                                                                                                             
                                                                                                                                
9:01:52 AM                                                                                                                    
                                                                                                                                
Ms. Chambers added that the  department served many Alaskans                                                                    
seeking business  licenses. Many handymen  advertised, which                                                                    
required  licensure as  a general  or specialty  contractor.                                                                    
She spoke  of 516  investigative matters  last year  for the                                                                    
construction  contractor  category.   She  stated  that  the                                                                    
Department   of  Labor   and  Workforce   Development  would                                                                    
investigative  matters for  unlicensed practice.  She stated                                                                    
that the  legislation would  help avoid  a $1000  daily fine                                                                    
for being in business as a handyman without a license.                                                                          
                                                                                                                                
Representative  Wilson  understood  that  the  solution  was                                                                    
licensure.                                                                                                                      
                                                                                                                                
Ms. Chambers concurred.                                                                                                         
                                                                                                                                
9:04:04 AM                                                                                                                    
                                                                                                                                
Vice-Chair Neuman asked for  CS version clarification during                                                                    
the committee discussion.                                                                                                       
                                                                                                                                
Senator Micciche  stated that he  had been referring  to the                                                                    
original legislation.                                                                                                           
                                                                                                                                
Representative  Costello  asked  for  version  clarification                                                                    
throughout Ms. Chambers' testimony.                                                                                             
                                                                                                                                
Ms.   Chambers   replied   that  maintaining   the   bonding                                                                    
requirement for the handyman  category would help accomplish                                                                    
the goal.                                                                                                                       
                                                                                                                                
Representative Costello  asked if  Ms. Chambers  referred to                                                                    
the original version.                                                                                                           
                                                                                                                                
Ms. Chambers concurred.                                                                                                         
                                                                                                                                
Representative Holmes  OBJECTED. She  stated that  she would                                                                    
express OBJECTION to the CS as it might cost more money.                                                                        
                                                                                                                                
9:06:15 AM                                                                                                                    
                                                                                                                                
Senator Micciche spoke to the  adoption of the CS. He stated                                                                    
that when  a handyman advertised  in Alaska, a  minimum bond                                                                    
of  $10 thousand  was required.  The  cost of  the bond  was                                                                    
dropped to $5 thousand for the handyman category.                                                                               
                                                                                                                                
A roll  call vote was taken  on the motion to  adopt the CS,                                                                    
version Y.                                                                                                                      
                                                                                                                                
IN FAVOR:                                                                                                                       
OPPOSED: Neuman,  Thompson, Wilson, Costello,  Edgmon, Gara,                                                                    
Guttenberg, Holmes, Munoz, Austerman, Stoltze                                                                                   
                                                                                                                                
The MOTION FAILED (11/0).                                                                                                       
                                                                                                                                
The workdraft was not adopted.                                                                                                  
                                                                                                                                
Representative Holmes expressed  better understanding of the                                                                    
bill because of the CS.                                                                                                         
                                                                                                                                
9:09:12 AM                                                                                                                    
                                                                                                                                
Co-Chair Stoltze asked for amendments.                                                                                          
                                                                                                                                
Representative  Costello  discussed   the  two  zero  fiscal                                                                    
notes.                                                                                                                          
                                                                                                                                
9:09:53 AM                                                                                                                    
                                                                                                                                
Representative Holmes  MOVED to REPORT  SB 193 (FIN)  out of                                                                    
committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal notes.                                                                                                      
                                                                                                                                
9:10:20 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:10:33 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Representative  Holmes rescinded  the prior  motion to  move                                                                    
the bill. She MOVED conceptual  amendment 1, which added the                                                                    
effective  date   of  January   1,  2015.  There   being  NO                                                                    
OBJECTION, it was so ordered.                                                                                                   
                                                                                                                                
9:11:16 AM                                                                                                                    
                                                                                                                                
Representative  Holmes  MOVED  to  REPORT  SB  193(FIN),  as                                                                    
amended  out of  committee  with individual  recommendations                                                                    
and   the  accompanying   fiscal  notes.   There  being   NO                                                                    
OBJECTION, it was so ordered.                                                                                                   
                                                                                                                                
HCSSB  193(FIN) was  REPORTED out  of committee  with a  "do                                                                    
pass" recommendation and with one  new zero fiscal note from                                                                    
the Department  of Labor and  Workforce Development  and one                                                                    
new  zero  fiscal  note from  the  Department  of  Commerce,                                                                    
Community and Economic Development.                                                                                             
                                                                                                                                
9:21:55 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:36:17 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
CS FOR SENATE BILL NO. 108(JUD)                                                                                               
                                                                                                                                
     "An Act relating to the confidentiality of certain                                                                         
     records of criminal cases; and providing for an                                                                            
     effective date."                                                                                                           
                                                                                                                                
9:36:29 AM                                                                                                                    
                                                                                                                                
Co-Chair Stoltze  noted that  the CS  was introduced  at the                                                                    
request of the administration.                                                                                                  
                                                                                                                                
SENATOR FRED  DYSON took issue  with the CS. He  stated that                                                                    
the CS eliminated a crucial effort to protect privacy.                                                                          
                                                                                                                                
Vice-Chair  Neuman MOVED  to  ADOPT  the proposed  committee                                                                    
substitute  for  CSSB   108(JUD),  Work  Draft  28-LS0973\G,                                                                    
(Strasbaugh,   4/14/14).  Co-Chair   Stoltze  OBJECTED   for                                                                    
discussion.                                                                                                                     
                                                                                                                                
9:38:41 AM                                                                                                                    
                                                                                                                                
ANNE CARPENETI,  ASSISTANT ATTORNEY GENERAL,  LEGAL SERVICES                                                                    
SECTION-JUNEAU,   CRIMINAL  DIVISION,   DEPARTMENT  OF   LAW                                                                    
testified   in  favor   of   good   balance  regarding   the                                                                    
legislation. The  balance included privacy for  those people                                                                    
mistakenly charged  or arrested and those  people who should                                                                    
not be protected.                                                                                                               
                                                                                                                                
Representative Costello requested an explanation of the CS.                                                                     
                                                                                                                                
9:40:18 AM                                                                                                                    
                                                                                                                                
Ms. Carpeneti  explained that the  CS proposed  that records                                                                    
be removed from Court  View for confidentiality. The records                                                                    
included those where a person  was arrested without a charge                                                                    
from  a   prosecuting  authority  or  probable   cause.  The                                                                    
difference was that cases for  people acquitted after a jury                                                                    
trial  were not  removed.  She informed  the committee  that                                                                    
when a person was acquitted by  a jury, the charges were not                                                                    
established  by   proof  beyond  a  reasonable   doubt,  but                                                                    
acquittal did not  prove that the person did  not commit the                                                                    
offense with probable cause in support of the crime.                                                                            
                                                                                                                                
9:41:24 AM                                                                                                                    
                                                                                                                                
Representative Munoz asked  if a person would  apply to have                                                                    
the cases removed from Court View after an acquittal.                                                                           
                                                                                                                                
Ms. Carpeneti  replied that the course  would remain public,                                                                    
as stated in the CS.                                                                                                            
                                                                                                                                
9:42:09 AM                                                                                                                    
                                                                                                                                
Representative Munoz asked about  the situations where cases                                                                    
were removed from Court View.                                                                                                   
                                                                                                                                
Ms. Carpeneti understood that an  application for removal of                                                                    
cases was not necessary in either version of the bill.                                                                          
                                                                                                                                
Co-Chair  Stoltze  asked  Vice-Chair  Neuman  to  chair  the                                                                    
remainder of the meeting.                                                                                                       
                                                                                                                                
9:42:33 AM                                                                                                                    
                                                                                                                                
Ms.  Carpeneti  asked  if  her explanation  of  the  CS  was                                                                    
adequate.                                                                                                                       
                                                                                                                                
9:43:32 AM                                                                                                                    
                                                                                                                                
Vice-Chair Neuman took the gavel.                                                                                               
                                                                                                                                
Representative Wilson  commented about  the lack  of process                                                                    
regarding  whether  a person  remained  on  Court View.  She                                                                    
noted  that an  application for  removal of  a case  or name                                                                    
from Court View would provide the necessary process.                                                                            
                                                                                                                                
Ms. Carpeneti agreed  that a process like  the one suggested                                                                    
by  Representative Wilson  could  provide another  solution.                                                                    
She highlighted  the importance of advertising  a pattern of                                                                    
theft or domestic violence.                                                                                                     
                                                                                                                                
9:45:13 AM                                                                                                                    
                                                                                                                                
Representative Gara asked  if a lack of  evidence could lead                                                                    
to dropping a charge.                                                                                                           
                                                                                                                                
Ms. Carpeneti replied yes.                                                                                                      
                                                                                                                                
Representative Gara  pointed out  page 2, line  2 of  the CS                                                                    
stating that a person with  a dropped charge would remain on                                                                    
Court View.                                                                                                                     
                                                                                                                                
Ms. Carpeneti replied yes.                                                                                                      
                                                                                                                                
Representative  Gara  discussed  a case  where  an  innocent                                                                    
person  had  charges  dropped and  asked  Ms.  Carpeneti  if                                                                    
innocent people might remain on Court View.                                                                                     
                                                                                                                                
Ms. Anne Carpeneti  replied that if a case  was presented to                                                                    
a grand  jury who then  returned a  no true bill,  the Court                                                                    
View  documentation  would  be  removed. She  added  that  a                                                                    
finding of  no probable cause  at a bail hearing  would also                                                                    
remove the case from Court View.                                                                                                
                                                                                                                                
Representative  Gara asked  if the  crime was  a misdemeanor                                                                    
and  the   prosecution  dropped  the  charge   for  lack  of                                                                    
evidence, would the person remain on Court View.                                                                                
                                                                                                                                
Ms. Carpeneti  explained that if  a person was charged  by a                                                                    
law enforcement  officer, and the  case was screened  out by                                                                    
the law office, a charging document would not be filed.                                                                         
                                                                                                                                
9:46:50 AM                                                                                                                    
                                                                                                                                
Representative   Gara  wondered   about   a   case  with   a                                                                    
misdemeanor charged and  tried without a grand  jury. In the                                                                    
hypothetical scenario, the evidence  was not present and the                                                                    
charge  was dropped,  yet the  accused  person's name  would                                                                    
remain on Court View.                                                                                                           
                                                                                                                                
Ms.  Carpeneti disagreed  and  explained  that the  charging                                                                    
document  would not  have been  filed  during the  screening                                                                    
process in the law office.                                                                                                      
                                                                                                                                
Representative  Gara repeated  his question  differently. He                                                                    
asked if  the prosecution  filed a  charge against  a person                                                                    
and found later that the  person was innocent, the CS stated                                                                    
if the  charge was dropped,  the case would remain  on Court                                                                    
View.                                                                                                                           
                                                                                                                                
Ms. Carpeneti  replied correct. She  agreed that the  CS was                                                                    
not perfect  but she  believed that the  CS allowed  for the                                                                    
best  balance to  protect  the public  and  people who  were                                                                    
mistakenly charged.                                                                                                             
                                                                                                                                
9:48:22 AM                                                                                                                    
                                                                                                                                
Representative Gara agreed that  the criminal justice system                                                                    
was  imperfect.  He  acknowledged that  some  criminals  and                                                                    
drunk drivers had  never been charged and were  not on Court                                                                    
View. Given  that the system  was imperfect, he  believed in                                                                    
protection of the innocent people first.                                                                                        
                                                                                                                                
9:49:30 AM                                                                                                                    
                                                                                                                                
Ms. Carpeneti stated  that people addressed in the  CS had a                                                                    
probable cause finding.                                                                                                         
                                                                                                                                
Representative  Gara  disagreed.  He   pointed  to  line  2,                                                                    
sentence  2, where  it was  stated that  there was  no grand                                                                    
jury in misdemeanor cases.                                                                                                      
                                                                                                                                
Ms.  Carpeneti agreed,  but stated  that a  misdemeanant was                                                                    
arraigned by a municipal officer.                                                                                               
                                                                                                                                
Representative  Gara   asked  why  the   misdemeanant  whose                                                                    
charges were dropped should remain on Court View.                                                                               
                                                                                                                                
9:50:30 AM                                                                                                                    
                                                                                                                                
Ms. Carpeneti  suggested that the policy  decisions were for                                                                    
the  committee to  make.  She opined  that  the balance  was                                                                    
better in the  CS, but acknowledged that  the decisions were                                                                    
difficult.                                                                                                                      
                                                                                                                                
Representative Gara apologized for his argumentative tone.                                                                      
                                                                                                                                
Ms.  Carpeneti asked  about dangerous  people  who would  be                                                                    
removed from Court View and  kept in confidential files. She                                                                    
opined  that   the  CS  allowed  for   the  better  judgment                                                                    
regarding  the  decision  about removing  names  from  Court                                                                    
View. She  stated that the  original bill  allowed dangerous                                                                    
people to  be removed from  Court View and made  their files                                                                    
confidential.                                                                                                                   
                                                                                                                                
Vice-Chair Neuman  clarified that  the comments made  by Ms.                                                                    
Carpeneti were her opinion.                                                                                                     
                                                                                                                                
Ms.  Carpeneti stated  that  the  administration shared  her                                                                    
opinion.                                                                                                                        
                                                                                                                                
Representative  Costello asked  for clarification  regarding                                                                    
the  innocent   until  proven  guilty.  She   asked  if  the                                                                    
administration agreed with the statement.                                                                                       
                                                                                                                                
Ms. Carpeneti  clarified that the  term guilty in  the legal                                                                    
system referred to guilt by  proof beyond a reasonable doubt                                                                    
by a jury of 12 people.  She agreed that a person should not                                                                    
be  sent  to jail  unless  the  prosecution could  establish                                                                    
proof beyond a reasonable doubt.  She believed that a person                                                                    
should be able to review  the Court View document. She added                                                                    
that the  Court View  document specified  that the  list did                                                                    
not  include convictions,  but only  warnings. She  believed                                                                    
that people should have access  to the information unless no                                                                    
probable cause  was established or the  state or prosecuting                                                                    
authority did not file charges.                                                                                                 
                                                                                                                                
9:53:32 AM                                                                                                                    
                                                                                                                                
Representative Costello  mentioned that the language  in the                                                                    
original  version  of  the bill  focused  on  the  acquitted                                                                    
defendant.  She  noted  that the  CS  focused  the  language                                                                    
toward the prosecuting  authority on line 2, page  2 and the                                                                    
judicial officer on line 4, page  2. She asked why the shift                                                                    
away from the innocent occurred in the CS.                                                                                      
                                                                                                                                
9:54:41 AM                                                                                                                    
                                                                                                                                
Ms. Carpeneti  stated that  the entities  such as  the jury,                                                                    
the judge, and the  prosecuting authority traditionally made                                                                    
decisions regarding criminal  charges. She characterized the                                                                    
shift as one away from a jury's decision.                                                                                       
                                                                                                                                
Representative Costello discussed  testimony on the original                                                                    
bill  regarding the  demographic interested  in Court  View.                                                                    
She asked  the response to the  testimony heard interpreting                                                                    
guilt following an arrest.                                                                                                      
                                                                                                                                
Ms.  Carpeneti  agreed that  the  issue  was troubling.  She                                                                    
assumed  that the  population was  informed and  warned that                                                                    
charges did not indicate  convictions. She suggested further                                                                    
education about Court View and  stated that many people were                                                                    
listed on the  sight for one reason or another.  If a person                                                                    
remained on  Court View,  it was  because a  judicial entity                                                                    
suspected probable cause to charge the person.                                                                                  
                                                                                                                                
9:57:35 AM                                                                                                                    
                                                                                                                                
Representative Costello asked about the CS, line 9, page 2.                                                                     
                                                                                                                                
Ms.  Carpeneti   discussed  the  exception  and   noted  the                                                                    
presence  in  most  iterations  of  the  bill.  The  section                                                                    
addressed  people who  worked for  the Department  of Health                                                                    
and  Social Services  regarding decision  making related  to                                                                    
the welfare  of the child  and adult with a  disability. The                                                                    
information  available to  the department  personnel allowed                                                                    
them to  provide a safe  situation for a disabled  person or                                                                    
child in need.                                                                                                                  
                                                                                                                                
Representative  Costello asked  if  the section  was in  the                                                                    
original version of the bill.                                                                                                   
                                                                                                                                
Ms. Carpeneti  did not  recall, whether  the section  was in                                                                    
the original version of the bill.                                                                                               
                                                                                                                                
9:59:56 AM                                                                                                                    
                                                                                                                                
Representative  Costello   acknowledged  that   the  sponsor                                                                    
concurred that  the section was  in the original  version of                                                                    
the bill.                                                                                                                       
                                                                                                                                
Vice-Chair    Neuman   appreciated    the   representative's                                                                    
questions.                                                                                                                      
                                                                                                                                
10:00:01 AM                                                                                                                   
                                                                                                                                
Representative  Holmes discussed  Court View.  She expressed                                                                    
concern  about  other aspects  of  the  bill. She  expressed                                                                    
greater concern with  the fact that the  bill sealed records                                                                    
of cases  removed from Court View.  She expressed discomfort                                                                    
with the  earlier versions of  the bill and  appreciated the                                                                    
CS most for  its tailored approach. She noted  that a person                                                                    
might have a long list  of arrests without conviction, whose                                                                    
records  would  be   confidentially  sealed.  She  expressed                                                                    
extreme discomfort  with the broad language  included in the                                                                    
original bill.  She argued that  Court View was  a different                                                                    
matter.  She  appreciated  Representative Wilson's  idea  to                                                                    
petition  to  have  a  case removed  from  Court  View.  She                                                                    
requested the  opinion of  the administration  regarding the                                                                    
sealing of court records.                                                                                                       
                                                                                                                                
10:03:24 AM                                                                                                                   
                                                                                                                                
Ms. Carpeneti shared  the concern that the  records would be                                                                    
deemed confidential. She  shared a history of  the bill. She                                                                    
agreed   that   the   physical   files   and   those   found                                                                    
electronically on Court View  were connected. She understood                                                                    
that  a  proposed  court  rule  could  separate  Court  View                                                                    
documents from  the paper  ones in  the court  building. She                                                                    
stated  that  neither  version of  the  bill  decoupled  the                                                                    
electronic  from  the paper  records.  She  agreed with  the                                                                    
gravity of the concern.                                                                                                         
                                                                                                                                
Representative Holmes clarified that  the language in the CS                                                                    
would also seal the records.                                                                                                    
                                                                                                                                
10:04:53 AM                                                                                                                   
                                                                                                                                
Representative  Thompson revisited  the  statements made  by                                                                    
Representative Gara.  He noted  the hypothetical  case where                                                                    
charges were  made for a  reason, but dismissed for  lack of                                                                    
evidence. The case  would remain on Court View  and affect a                                                                    
person's ability to achieve employment.                                                                                         
                                                                                                                                
Ms. Carpeneti understood the  serious concern. She suggested                                                                    
that  maybe  the  CS  did  not  extend  far  enough  in  the                                                                    
circumstance mentioned. She preferred  the CS to the regular                                                                    
bill in terms  of public protection. She  suggested that the                                                                    
committee "fine tune"  paragraph one of the  CS. She offered                                                                    
to help the committee work to implement their suggestions.                                                                      
                                                                                                                                
10:06:55 AM                                                                                                                   
                                                                                                                                
Representative Wilson  suggested that a  representative from                                                                    
the  Alaska   Court  System   join  the   conversation.  She                                                                    
understood  that  the  automatic withdrawal  of  some  cases                                                                    
added to the concern from the judicial and court system.                                                                        
                                                                                                                                
10:07:34 AM                                                                                                                   
                                                                                                                                
NANCY MEADE,  GENERAL COUNSEL,  ALASKA COURT  SYSTEM, stated                                                                    
that with either  version of the bill,  the qualifying cases                                                                    
would be made confidential  automatically both on Court View                                                                    
and  in paper  form. She  expressed concerns  with the  work                                                                    
draft  and  the  concerns  of  automatic  removal  of  cases                                                                    
without  petition. She  asked if  the filing  of a  petition                                                                    
with a  questionnaire might  allow for  more comfort  in the                                                                    
bill.                                                                                                                           
                                                                                                                                
Ms. Meade  stated that  the court was  neutral on  the bill.                                                                    
The petition  would have a  tremendous fiscal impact  on the                                                                    
court  system.  She  stated  that  9,508  misdemeanors  were                                                                    
dismissed  last  year  and  an  influx  of  petitions  would                                                                    
increase  the  caseload  and cost.  She  believed  that  the                                                                    
sponsor's decision to  avoid the use of petition  was due to                                                                    
the high fiscal impact.                                                                                                         
                                                                                                                                
10:09:52 AM                                                                                                                   
                                                                                                                                
Representative Wilson expressed concern  about the number of                                                                    
misdemeanors  on Court  View. She  suggested a  fee for  the                                                                    
petition.                                                                                                                       
                                                                                                                                
10:10:27 AM                                                                                                                   
                                                                                                                                
Representative Holmes  asked about steps taken  by the court                                                                    
system  to address  the  issue. She  was  interested in  the                                                                    
separation  of   Court  View  as  an   administrative  court                                                                    
function from sealing confidential records.                                                                                     
                                                                                                                                
10:11:07 AM                                                                                                                   
                                                                                                                                
Ms.  Meade responded  that two  of the  three categories  of                                                                    
cases  covered in  the CS  included those  with no  probable                                                                    
cause and  no charging documents  filed were addressed  in a                                                                    
draft  court  rule.   She  noted  that  the   court  had  an                                                                    
administrative  rule  that  eliminated  certain  cases  from                                                                    
Court View.   The  Supreme Court  determined that  the cases                                                                    
should  not be  posted because  of the  ease with  which the                                                                    
information could be accessed.  She anticipated the adoption                                                                    
of the  proposed rule within  the next 60 days,  which would                                                                    
remove a  criminal case from  Court View that  was dismissed                                                                    
because  the  prosecuting  authority   declined  to  file  a                                                                    
charging document.  Also, removed would be  a case dismissed                                                                    
for lack  of probable  cause. She opined  that the  bill was                                                                    
not necessary because of the  proposed court rule already in                                                                    
the public  comment process. The  cases mentioned  were much                                                                    
less controversial.                                                                                                             
                                                                                                                                
10:13:28 AM                                                                                                                   
                                                                                                                                
Vice-Chair  Neuman  requested  clarification  regarding  the                                                                    
version of the bill being discussed.                                                                                            
                                                                                                                                
Ms.  Meade   responded  that  the  two   of  the  categories                                                                    
addressed  in the  CS were  covered in  the court  rule. She                                                                    
stated that  the court rule  was less excessive  because the                                                                    
paper record  remained accessible. The items  covered in the                                                                    
original  version  of  the  bill  included  all  cases  that                                                                    
resulted  in  full  dismissal.   Full  acquittals  were  not                                                                    
covered in the court rule.                                                                                                      
                                                                                                                                
10:14:20 AM                                                                                                                   
                                                                                                                                
Representative   Gara  asked   about   a   case  where   the                                                                    
prosecution  charged, but  the charge  was dropped  prior to                                                                    
the  trial. He  asked if  the people  would remain  on Court                                                                    
View after the adoption of the court rule.                                                                                      
                                                                                                                                
Ms. Meade replied yes.                                                                                                          
                                                                                                                                
Representative Gara  asked if  a person  was charged  by the                                                                    
prosecution, and  the case was dismissed  under the original                                                                    
bill,  would  the  case  be  removed  from  Court  View.  He                                                                    
hypothetically suggested  that a  person was charged  with a                                                                    
crime  and  the   prosecution  realized  after  interviewing                                                                    
witnesses  that  the  case  was  poor,  so  the  charge  was                                                                    
dropped. He asked  if the person would remain  on Court View                                                                    
under the proposed rule considered by the court.                                                                                
                                                                                                                                
Ms. Meade replied yes.                                                                                                          
                                                                                                                                
Representative  Gara clarified  that legislative  intent was                                                                    
indicated to protect people in the hypothetical scenario.                                                                       
                                                                                                                                
Ms. Meade agreed  and noted that the initial  version of the                                                                    
bill  would   protect  those  people  in   the  hypothetical                                                                    
scenario.                                                                                                                       
                                                                                                                                
Representative  Gara  stated that  under  the  CS, a  person                                                                    
wrongly imprisoned  would remain on Court  View because they                                                                    
were indicted by a grand jury.                                                                                                  
                                                                                                                                
Ms. Carpeneti  concurred and noted  that the  9000 dismissed                                                                    
misdemeanors addressed  a majority  of cases dismissed  as a                                                                    
result of  a plea  agreement where  the defendant  agreed to                                                                    
plead guilty  to one  charge, while  the other  charges were                                                                    
dismissed.  She wanted  to clarify  that mistakenly  charged                                                                    
misdemeanors were relatively rare in the state.                                                                                 
                                                                                                                                
10:17:18 AM                                                                                                                   
                                                                                                                                
Ms.   Meade  disagreed   and  noted   that  the   number  of                                                                    
misdemeanors   quoted  were   those  completely   closed  by                                                                    
dismissal  where there  was no  guilt  found on  any of  the                                                                    
charges in the case.                                                                                                            
                                                                                                                                
Ms. Carpeneti stood corrected.                                                                                                  
                                                                                                                                
Vice-Chair Neuman requested Senator  Dyson's presence at the                                                                    
testifier table.                                                                                                                
                                                                                                                                
10:18:02 AM                                                                                                                   
                                                                                                                                
Representative  Guttenberg asked  about the  three scenarios                                                                    
provided   in   the   original  bill.   He   asked   if   an                                                                    
administrative  procedure was  available to  appeal for  the                                                                    
removal of one's name from Court View.                                                                                          
                                                                                                                                
Ms. Meade replied  that a rule existed allowing  a person to                                                                    
make  their case  confidential.  She noted  that a  weighing                                                                    
process existed  to allow discernment  for removal  of names                                                                    
or cases from Court View. The  court would not remove a name                                                                    
or case from Court View for reasons of privacy.                                                                                 
                                                                                                                                
Ms.  Carpeneti mentioned  a procedure  in  AS.12.62 where  a                                                                    
person could  have a  name or case  removed from  the Alaska                                                                    
Public Safety Information Network.                                                                                              
                                                                                                                                
10:19:59 AM                                                                                                                   
                                                                                                                                
Senator Dyson  expressed frustration with the  Department of                                                                    
Law and  the Alaska Court System  regarding the legislation.                                                                    
He  informed the  committee about  his multiple  requests to                                                                    
the  Department  of  Law regarding  obsolete  items  in  the                                                                    
criminal code.  He mentioned  his frustration  regarding the                                                                    
CS introduced  at the last  moment. He stated that  he first                                                                    
read the  CS eight minutes  prior to the meeting.  He agreed                                                                    
that the criminal justice system  was flawed. He stated that                                                                    
the procedure  for removing one's  name from Court  View was                                                                    
ineffective.  The procedure  allowed a  person to  visit the                                                                    
head of the resting department  to petition for removal of a                                                                    
name or case from Court  View. Wrongful arrest must be ruled                                                                    
in order for  a name or case to be  removed from Court View.                                                                    
He suggested that a police  department admitting to wrongful                                                                    
arrest was unlikely. He stated  that practical matters would                                                                    
arise, but opposition  to the bill came from  one person who                                                                    
was passionate about protecting victims.                                                                                        
                                                                                                                                
10:24:42 AM                                                                                                                   
                                                                                                                                
CHUCK  KOPP,   STAFF,  SENATOR  FRED  DYSON,   attempted  to                                                                    
alleviate   Representative  Holmes's   concerns  about   the                                                                    
legislation.  He stated  that the  conservative approach  of                                                                    
Court  View allowed  for maximum  details to  remain on  the                                                                    
site, even when  a plea was accepted in  a misdemeanor case.                                                                    
The bill  addressed cases where  all charges  were acquitted                                                                    
to restore the  presumption of innocence to  people who were                                                                    
not tried  or were acquitted.  He recalled experiences  as a                                                                    
police officer  when prosecutors  questioned the  system. He                                                                    
opined that  the standard of  perfect innocence was  not the                                                                    
goal  of  the  legislation.  The  bill  obtained  a  balance                                                                    
because it  required all charges  to be dismissed.  He noted                                                                    
the exceptions provided at  the administration's request for                                                                    
all health and social  services agencies responsible for the                                                                    
safety of children and vulnerable adults.                                                                                       
                                                                                                                                
Mr.  Kopp stressed  that the  original version  of the  bill                                                                    
addressed the balance that the sponsor sought.                                                                                  
                                                                                                                                
10:28:55 AM                                                                                                                   
                                                                                                                                
Mr. Kopp stated quoted a trial before the Roman Senate.                                                                         
                                                                                                                                
Representative  Holmes appreciated  the effort  to find  the                                                                    
right  balance between  protecting people  who were  falsely                                                                    
arrested and  the public's right  to information.  She asked                                                                    
about the  original version  and whether  restraining orders                                                                    
and multiple  charges of domestic violence  where the victim                                                                    
recanted would remain on the site.                                                                                              
                                                                                                                                
10:30:16 AM                                                                                                                   
                                                                                                                                
Senator Dyson replied  that the court rule  would remove the                                                                    
cases  because  so many  of  them  were spurious  and  often                                                                    
related  to  custody matters.  He  shared  a story  about  a                                                                    
friend  released from  Goose Creek  Correctional Center  for                                                                    
domestic violence charges.                                                                                                      
                                                                                                                                
10:31:17 AM                                                                                                                   
                                                                                                                                
Representative  Holmes asked  the  difference between  Court                                                                    
View and  the paper records.  She asked about  the sponsor's                                                                    
primary interest regarding the  sealing of public records at                                                                    
the courthouse.                                                                                                                 
                                                                                                                                
Mr.  Kopp replied  that the  concern  was the  technological                                                                    
advances that  allowed for maximum exposure  via Court View.                                                                    
He  pointed  to  the  legislative   intent  section  at  the                                                                    
beginning  of the  bill stating  "to the  extent practicable                                                                    
the court  will state records confidential."  He stated that                                                                    
the fiscal note would be  enormous if files were sealed. The                                                                    
records  from the  date of  enactment of  the bill  would be                                                                    
deemed  confidential upon  passage  of  the legislation.  He                                                                    
emphasized  that  confidential  and  sealed  were  two  very                                                                    
different  actions.  He noted  that  any  individual with  a                                                                    
written order  from the court  would allow a  balancing test                                                                    
to   be    outweighed   by   a   legitimate    interest   in                                                                    
confidentiality.  He clarified  that  a judge  was the  only                                                                    
person allowed to view a sealed record.                                                                                         
                                                                                                                                
10:34:29 AM                                                                                                                   
                                                                                                                                
Representative Holmes  stated that  the Alaska  Court System                                                                    
would look  to the  legislature for  guidance on  the issue.                                                                    
She expressed  some concern about  Court View, but  was most                                                                    
concerned about the sealing of  paper records. She expressed                                                                    
concerns  about some  citizen's  questionable histories  and                                                                    
the protection of herself and the public.                                                                                       
                                                                                                                                
Vice-Chair  Neuman  noted  that  there  had  been  a  robust                                                                    
discussion  on  the bill.  The  bill  would be  heard  again                                                                    
later.                                                                                                                          
                                                                                                                                
Representative  Gara asked  to  address a  concept that  had                                                                    
arisen. He would address his question at a later time.                                                                          
                                                                                                                                
CSSB 108(JUD)  was HEARD and  HELD in committee  for further                                                                    
consideration.                                                                                                                  
                                                                                                                                
10:37:21 AM                                                                                                                   
RECESSED                                                                                                                        
                                                                                                                                
4:28:05 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
CS FOR SENATE BILL NO. 140(FIN)                                                                                               
                                                                                                                                
     "An Act creating  the Arctic infrastructure development                                                                    
     program and  fund in the Alaska  Industrial Development                                                                    
     and Export  Authority; and  relating to  dividends from                                                                    
     the   Alaska   Industrial    Development   and   Export                                                                    
     Authority."                                                                                                                
                                                                                                                                
4:28:23 PM                                                                                                                    
                                                                                                                                
Vice-Chair  Neuman MOVED  to  ADOPT  the proposed  committee                                                                    
substitute  for  CSSB   140(FIN),  Work  Draft  28-LS1246\B,                                                                    
(Martin, 4/19/14).                                                                                                              
                                                                                                                                
Co-Chair Stoltze OBJECTED for discussion.                                                                                       
                                                                                                                                
DANIEL   GEORGE,   STAFF,   REPRESENTATIVE   BILL   STOLTZE,                                                                    
explained the changes  in the CS. He pointed  to section 10,                                                                    
page  7  related  to  qualified  infrastructure  development                                                                    
powers  and  duties  of  the authority.  He  stated  that  a                                                                    
section  was removed  regarding the  financing of  federally                                                                    
managed fisheries in the arctic.                                                                                                
                                                                                                                                
Co-Chair  Stoltze commented  about loans  for large  fishing                                                                    
boats.                                                                                                                          
                                                                                                                                
JESSE  LOGAN, STAFF,  SENATOR  LESIL  MCGUIRE, relayed  that                                                                    
there was no objection to the CS from the sponsor.                                                                              
                                                                                                                                
Co-Chair  Stoltze WITHDREW  his  OBJECTION.  There being  NO                                                                    
further OBJECTION, it was so ordered.                                                                                           
                                                                                                                                
Mr.  Logan  discussed  the legislation  creating  an  arctic                                                                    
infrastructure fund  within AIDEA.  The purpose of  the fund                                                                    
and its  financing limitations was  to create  incentives to                                                                    
attract  private  investments   for  infrastructure  in  the                                                                    
arctic. He  commented on  changes in  the arctic  leading to                                                                    
challenges and  opportunities. He stated that  the provision                                                                    
of  adequate infrastructure  was imperative  for positioning                                                                    
the state  in the new  arctic paradigm. The sponsor  did not                                                                    
seek to  capitalize the fund,  but the creation of  the fund                                                                    
sent  a signal  to  the  international investment  community                                                                    
about business opportunities in Alaska.                                                                                         
                                                                                                                                
4:32:24 PM                                                                                                                    
                                                                                                                                
Co-Chair Austerman  addressed the underlying premise  of the                                                                    
legislation.   He  supported   the   concept  of   expanding                                                                    
fisheries   in  the   arctic,  but   stressed  that   better                                                                    
infrastructure was necessary to help development.                                                                               
                                                                                                                                
Co-Chair Stoltze asked  if there were any  amendments to the                                                                    
bill.                                                                                                                           
                                                                                                                                
Representative  Munoz  appreciated  Representative  Herron's                                                                    
efforts on the bill.                                                                                                            
                                                                                                                                
Representative Costello  addressed the  previously published                                                                    
fiscal  impact   note  from  the  Department   of  Commerce,                                                                    
Community and Economic Development.                                                                                             
                                                                                                                                
Co-Chair Austerman MOVED to REPORT  HCSCSSB 140 (FIN) out of                                                                    
committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal note.                                                                                                       
                                                                                                                                
HCS CSSB 140 (FIN) was REPORTED  out of committee with a "do                                                                    
pass"  recommendation and  with previously  published fiscal                                                                    
impact note: FN1 (CED).                                                                                                         
                                                                                                                                
4:35:12 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
4:36:07 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
CS FOR SENATE BILL NO. 71(FIN)                                                                                                
                                                                                                                                
     "An Act relating to the fishery resource landing tax."                                                                     
                                                                                                                                
4:36:07 PM                                                                                                                    
                                                                                                                                
Vice-Chair  Neuman MOVED  to  ADOPT  the proposed  committee                                                                    
substitute   for  CSSB   71(FIN),  Work   Draft  28-LS0594\H                                                                    
(Bullard, 4/19/14).                                                                                                             
                                                                                                                                
Co-Chair Stoltze OBJECTED for discussion.                                                                                       
                                                                                                                                
DANIEL   GEORGE,   STAFF,   REPRESENTATIVE   BILL   STOLTZE,                                                                    
explained the changes  in the CS. He pointed  to language on                                                                    
page  one  adding a  provision  for  an effective  date.  He                                                                    
pointed to page two,  lines 21-28 including language changes                                                                    
related to tax payers electing  to use the method. He stated                                                                    
that  the sponsor  and the  Department of  Revenue supported                                                                    
the  change.  The  change  was   specified  related  to  the                                                                    
notification  by   the  taxpayer  and  the   subsequent  tax                                                                    
liability.  He continued  with section  4, line  29 and  the                                                                    
addition of uncodified law pertaining  to the transition and                                                                    
implementation   of   the    bill.   Section   5   addressed                                                                    
retroactivity  to January  1, 2014.  Section 6  included the                                                                    
newly added effective date.                                                                                                     
                                                                                                                                
Co-Chair  Stoltze WITHDREW  his  OBJECTION.  There being  NO                                                                    
OBJECTION, it was so ordered.                                                                                                   
                                                                                                                                
4:38:40 PM                                                                                                                    
                                                                                                                                
Representative Munoz MOVED to ADOPT Amendment 1, 28-                                                                            
LS0594\H.1, Bullard, 4/19/14, (copy on file).                                                                                   
                                                                                                                                
     Page 1, line 1, following "tax":                                                                                           
     Insert "and cost recovery fisheries"                                                                                       
                                                                                                                                
     Page 1, following line 3:                                                                                                  
     Insert new bill sections to read:                                                                                          
        "* Section 1. AS 16.10.455(c) is amended to read:                                                                       
     (c)    As a  condition  of  participation in  a  common                                                                    
     property  salmon fishery  in  a  terminal harvest  area                                                                    
     under  this section,  a fisherman  who participates  in                                                                    
     the  fishery   is  subject  to   the  payment   of  the                                                                    
     assessment  levied under  (d)  of this  section on  the                                                                    
     projected  value of  the  salmon or  on  the pounds  of                                                                    
     salmon  harvested.  The  assessment is  levied  on  the                                                                    
     [VALUE  OF]  salmon that  the  fisherman  takes in  the                                                                    
     terminal harvest  area and sells  to a  licensed buyer.                                                                    
     The  buyer of  the  salmon must  be  licensed under  AS                                                                    
     43.75, and  the buyer  shall collect the  assessment on                                                                    
     salmon taken in a terminal  harvest area at the time of                                                                    
     purchase and remit the assessment  to the Department of                                                                    
     Revenue in  accordance with regulations adopted  by the                                                                    
     Department of Revenue.                                                                                                     
        * Sec. 2. AS 16.10.455(d) is amended to read:                                                                           
     (d)   The  Department  of Revenue  may, by  regulation,                                                                    
     annually, by  March 1  of each year,  set the  [RATE OF                                                                    
     THE] assessment  levied on salmon  taken in  a terminal                                                                    
     harvest  area in  consultation with  the Department  of                                                                    
     Commerce,  Community,  and  Economic  Development,  the                                                                    
     hatchery   permit   holder,  and   representatives   of                                                                    
     affected  commercial  fishermen.   The  [RATE  OF  THE]                                                                    
     assessment  shall provide  sufficient revenue  to cover                                                                    
     debt  service   to  the  state,   reasonable  operating                                                                    
     expenses,   reasonable    maintenance   expenses,   and                                                                    
     development or maintenance of a  reserve fund up to 100                                                                    
     percent  of  annual  operating costs  of  the  hatchery                                                                    
     permit   holder.  In   setting   the   [RATE  OF   THE]                                                                    
     assessment,   the   department   shall   consider   the                                                                    
     estimated return and harvest  of salmon in the terminal                                                                    
     harvest  area,  the  projected price  to  be  paid  for                                                                    
     salmon  in  the  region,  the amount  of  the  existing                                                                    
     reserve  held by  the hatchery  permit holder,  and the                                                                    
     amount by  which the  assessment collected  in previous                                                                    
     years exceeded or fell short  of the amount anticipated                                                                    
     to  be collected.  The [TOTAL  RATE OF  THE] assessment                                                                    
     may not exceed  50 percent of the value  of the salmon.                                                                    
     The department may levy the  assessment as a percentage                                                                    
     of the projected  value of the salmon  returning to the                                                                    
     terminal harvest area  or as a flat rate  on each pound                                                                    
     of salmon harvested  in the area, to  the nearest whole                                                                    
     cent."                                                                                                                     
                                                                                                                                
     Page 1, line 4:                                                                                                            
     Delete "Section 1"                                                                                                         
     Insert "Sec. 3"                                                                                                            
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 3, line 3:                                                                                                            
     Delete "secs. 1 - 3"                                                                                                       
     Insert "secs. 3 - 5"                                                                                                       
                                                                                                                                
     Page 3, line 4:                                                                                                            
     Delete "sec. 3"                                                                                                            
     Insert "sec. 5"                                                                                                            
                                                                                                                                
     Page 3, line 4:                                                                                                            
     Delete "Sections 1 - 3"                                                                                                    
     Insert "Sections 3 - 5"                                                                                                    
                                                                                                                                
Co-Chair Stoltze OBJECTED for discussion.                                                                                       
                                                                                                                                
Representative Munoz explained  the amendment addressing the                                                                    
method  used by  hatcheries to  determine the  assessment on                                                                    
the  revenues collected  on fish  returning to  the hatchery                                                                    
area.  She  stated   that  the  assessment  was   set  as  a                                                                    
percentage  on  the  fish. The  current  assessment  was  20                                                                    
percent. She noted  that the issues faced  by the hatcheries                                                                    
included  the  variety of  payments  for  the fish.  The  20                                                                    
percent  was   set  allowing   for  variation   on  hatchery                                                                    
payments. She  highlighted the option of  percentage or flat                                                                    
rate, which  would be based  on a projected value  of salmon                                                                    
returning to  the hatchery area.  The assessments  were paid                                                                    
to the Department  of Revenue who appropriated  the funds to                                                                    
the hatchery for operations. The  amendment was supported by                                                                    
all  state  hatcheries  along   with  the  Southeast  Saners                                                                    
Association.                                                                                                                    
                                                                                                                                
SENATOR PETER MICCICHE, SPONSOR, supported the amendment.                                                                       
                                                                                                                                
Co-Chair  Stoltze WITHDREW  his  OBJECTION.  There being  NO                                                                    
further OBJECTION, Amendment 1 was ADOPTED.                                                                                     
                                                                                                                                
Representative  Costello  addressed  the  two  fiscal  notes                                                                    
including  one  previously  published  indeterminate  fiscal                                                                    
note  from  the Department  of  Revenue  and one  previously                                                                    
published zero fiscal note from  the Department of Commerce,                                                                    
Community and Economic Development.                                                                                             
                                                                                                                                
Vice-Chair Neuman  MOVED to REPORT  HCS CSSB 71(FIN)  out of                                                                    
committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal notes.                                                                                                      
                                                                                                                                
HCS CSSB  71(FIN) was REPORTED  out of committee with  a "do                                                                    
pass" recommendation and with  one previously published zero                                                                    
fiscal  note:   FN3  (CED)  and  one   previously  published                                                                    
indeterminate fiscal note: FN4 (REV).                                                                                           
                                                                                                                                
Senator Micciche thanked  the committee for its  work on the                                                                    
bill.                                                                                                                           
                                                                                                                                
4:43:59 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
4:45:16 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
CS FOR SENATE BILL NO. 218(FIN)                                                                                                 
                                                                                                                                
     "An Act  relating to financing; relating  to the Alaska                                                                    
     Municipal   Bond   Bank  Authority;   authorizing   the                                                                    
     University  of Alaska  to issue  bonds  to finance  the                                                                    
     design, construction, acquisition,  and equipping costs                                                                    
     of the  University of Alaska  Fairbanks heat  and power                                                                    
     plant; authorizing  the University of Alaska  to borrow                                                                    
     money from the Alaska  Municipal Bond Bank Authority to                                                                    
     finance  the  design,  construction,  acquisition,  and                                                                    
     equipping costs  of the University of  Alaska Fairbanks                                                                    
     heat and  power plant;  and providing for  an effective                                                                    
     date."                                                                                                                     
                                                                                                                                
4:45:16 PM                                                                                                                    
                                                                                                                                
Vice-Chair  Neuman MOVED  to  ADOPT  the proposed  committee                                                                    
substitute  for   CSSB  218(FIN),  Work   Draft  28-LS1567\P                                                                    
(Wallace, 4/19/14).                                                                                                             
                                                                                                                                
Co-Chair Stoltze OBJECTED for discussion.                                                                                       
                                                                                                                                
DANIEL   GEORGE,   STAFF,   REPRESENTATIVE   BILL   STOLTZE,                                                                    
explained the changes in the  CS. The first change was found                                                                    
on  page  4, line  17  related  to  the  bonds or  notes  in                                                                    
principal  for  the  purpose  of   providing  loans  to  the                                                                    
University of Alaska  that was changed from  $150 million to                                                                    
$87.5  million. Page  5, line  29 addressed  the legislative                                                                    
approval  for  loan  authorization  for  the  University  of                                                                    
Alaska Fairbanks Heat and Power  Plant was previously stated                                                                    
at  $150 million  and changed  to $87.5  million. He  stated                                                                    
that the amendments were clarifying.                                                                                            
                                                                                                                                
Co-Chair  Stoltze WITHDREW  his  OBJECTION.  There being  NO                                                                    
further OBJECTION, it was so ordered.                                                                                           
                                                                                                                                
SUZANNE ARMSTRONG,  STAFF, SENATOR KEVIN MEYER,  thanked the                                                                    
committee for its time and work on the CS.                                                                                      
                                                                                                                                
Representative Gara  asked what portion of  the debt service                                                                    
would  be repaid  by university  receipts  and what  portion                                                                    
would be paid by the state per the language in the bill.                                                                        
                                                                                                                                
PAT PITNEY,  UNIVERSITY OF ALASKA FAIRBANKS,  FAIRBANKS (via                                                                    
teleconference), replied  that the university would  pay $70                                                                    
million, while the state would pay $87.5 million.                                                                               
                                                                                                                                
4:48:34 PM                                                                                                                    
                                                                                                                                
Co-Chair Stoltze  believed the bill  had been vetted  in the                                                                    
past meeting.                                                                                                                   
                                                                                                                                
Representative   Costello  addressed   the  two   previously                                                                    
published  fiscal notes  including  one  fiscal impact  note                                                                    
from the  University of  Alaska and  one fiscal  impact note                                                                    
from the Department of Revenue.                                                                                                 
                                                                                                                                
Representative  Costello  referred  to  page 2  of  the  DOR                                                                    
fiscal note  and the lack  of reflection of changes  made in                                                                    
the CS.                                                                                                                         
                                                                                                                                
Ms. Armstrong replied that the  original version of the bill                                                                    
established the  cap of $150  million, while the  CS changed                                                                    
the cap  to $87.5 million.  She directed members to  page 6,                                                                    
line 4 of  the bill which enumerated  the anticipated annual                                                                    
payment  amount of  $7 million  as reflected  in the  fiscal                                                                    
note.                                                                                                                           
                                                                                                                                
4:51:41 PM                                                                                                                    
                                                                                                                                
Representative Costello  replied that  the bill  allowed for                                                                    
$87.5   million,  while   the   fiscal  note   documentation                                                                    
reflected the original bill's intent.                                                                                           
                                                                                                                                
Co-Chair Stoltze  noted that the  issue would be  debated in                                                                    
conference committee.                                                                                                           
                                                                                                                                
Representative  Thompson MOVED  to  REPORT HCSCSSB  218(FIN)                                                                    
out  of committee  with individual  recommendations and  the                                                                    
accompanying fiscal notes. There  being NO OBJECTION, it was                                                                    
so ordered.                                                                                                                     
                                                                                                                                
HCS  CSSB 218(FIN)  was REPORTED  out of  committee with  no                                                                    
recommendation  and  with  two previously  published  fiscal                                                                    
notes: FN1 (UA) and FN4 (REV).                                                                                                  
                                                                                                                                
Co-Chair  Stoltze  noted  that  the fiscal  notes  would  be                                                                    
updated in the conference committee.                                                                                            
                                                                                                                                
4:53:47 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
5:02:21 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
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                                                                                                                      
                                                                                                                                
CS FOR SENATE BILL NO. 119(FIN) am                                                                                            
                                                                                                                                
     "An Act  making and amending  appropriations, including                                                                    
     capital  appropriations,  supplemental  appropriations,                                                                    
     reappropriations,  and   other  appropriations;  making                                                                    
     appropriations to  capitalize funds; and  providing for                                                                    
     an effective date."                                                                                                        
                                                                                                                                
CSSB 119 (FIN)am was SCHEDULED but not HEARD.                                                                                   
                                                                                                                                
Co-Chair  Stoltze decided  to adjourn  the meeting  to begin                                                                    
the delayed 6:00 p.m. meeting.                                                                                                  
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
11:24:16 PM                                                                                                                   
                                                                                                                                
                                                                                                                                

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