03/12/2024 03:00 PM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB103 | |
| SB12 | |
| HJR18 | |
| SB95 | |
| HB190 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 12 | TELECONFERENCED | |
| += | HJR 18 | TELECONFERENCED | |
| += | SB 95 | TELECONFERENCED | |
| + | HB 190 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 103 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
March 12, 2024
3:02 p.m.
DRAFT
MEMBERS PRESENT
Representative Laddie Shaw, Chair
Representative Stanley Wright, Vice Chair
Representative Ben Carpenter
Representative Craig Johnson
Representative Jamie Allard
Representative Ashley Carrick
Representative Andi Story
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 103
"An Act relating to peer support counseling programs for law
enforcement agencies, emergency service providers, and the
Department of Corrections."
- MOVED HCS SB 103(STA) OUT OF COMMITTEE
CS FOR SENATE BILL NO. 12(JUD)
"An Act relating to the duties of the Department of
Administration; creating an address confidentiality program; and
providing for an effective date."
- MOVED HCS CSSB 12(STA) OUT OF COMMITTEE
HOUSE JOINT RESOLUTION NO. 18
Urging the United States Congress to repeal the Windfall
Elimination Provision and Government Pension Offset of the
Social Security Act.
- MOVED CSHJR 18(STA) OUT OF COMMITTEE
CS FOR SENATE BILL NO. 95(STA) AM
"An Act relating to special request specialty organization
registration plates; relating to special registration plates
commemorating peace officers killed in the line of duty; and
providing for an effective date."
- MOVED HCS CSSB 95(STA) OUT OF COMMITTEE
HOUSE BILL NO. 190
"An Act establishing a violation for hindering the Alaska Sunset
Commission; relating to the duties of the legislature;
establishing the Alaska Sunset Commission to review and make
recommendations on discontinuation of or changes to state
entities; relating to the powers and duties of the Alaska Sunset
Commission; and providing for an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 103
SHORT TITLE: PEER SUPPORT COUNSELING PROGRAM
SPONSOR(s): SENATOR(s) DUNBAR
03/15/23 (S) READ THE FIRST TIME - REFERRALS
03/15/23 (S) CRA
03/28/23 (S) CRA AT 1:30 PM BELTZ 105 (TSBldg)
03/28/23 (S) Heard & Held
03/28/23 (S) MINUTE(CRA)
04/04/23 (S) CRA AT 1:30 PM BELTZ 105 (TSBldg)
04/04/23 (S) Moved SB 103 Out of Committee
04/04/23 (S) MINUTE(CRA)
04/05/23 (S) CRA RPT 3DP
04/05/23 (S) DP: DUNBAR, GRAY-JACKSON, GIESSEL
04/24/23 (S) TRANSMITTED TO (H)
04/24/23 (S) VERSION: SB 103
04/26/23 (H) READ THE FIRST TIME - REFERRALS
04/26/23 (H) STA
02/22/24 (H) STA AT 3:00 PM GRUENBERG 120
02/22/24 (H) -- MEETING CANCELED --
02/29/24 (H) STA AT 3:00 PM GRUENBERG 120
02/29/24 (H) Heard & Held
02/29/24 (H) MINUTE(STA)
03/07/24 (H) STA AT 3:00 PM GRUENBERG 120
03/07/24 (H) Heard & Held
03/07/24 (H) MINUTE(STA)
03/12/24 (H) STA AT 3:00 PM GRUENBERG 120
BILL: SB 12
SHORT TITLE: ADDRESS CONFIDENTIALITY PROGRAM
SPONSOR(s): SENATOR(s) KIEHL
01/18/23 (S) PREFILE RELEASED 1/9/23
01/18/23 (S) READ THE FIRST TIME - REFERRALS
01/18/23 (S) STA, JUD, FIN
02/02/23 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
02/02/23 (S) Heard & Held
02/02/23 (S) MINUTE(STA)
02/28/23 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
02/28/23 (S) Moved CSSB 12(STA) Out of Committee
02/28/23 (S) MINUTE(STA)
03/01/23 (S) STA RPT CS 1DP 3NR NEW TITLE
03/01/23 (S) DP: KAWASAKI
03/01/23 (S) NR: WIELECHOWSKI, BJORKMAN, MERRICK
03/08/23 (S) JUD AT 1:30 PM BUTROVICH 205
03/08/23 (S) Heard & Held
03/08/23 (S) MINUTE(JUD)
03/15/23 (S) JUD AT 1:30 PM BUTROVICH 205
03/15/23 (S) Moved CSSB 12(JUD) Out of Committee
03/15/23 (S) MINUTE(JUD)
03/17/23 (S) JUD RPT CS 3DP 1AM NEW TITLE
03/17/23 (S) DP: CLAMAN, TOBIN, KIEHL
03/17/23 (S) AM: KAUFMAN
03/28/23 (S) FIN AT 9:00 AM SENATE FINANCE 532
03/28/23 (S) Heard & Held
03/28/23 (S) MINUTE(FIN)
04/03/23 (S) FIN RPT CS(JUD) 3DP 3NR 1AM
04/03/23 (S) DP: OLSON, HOFFMAN, KIEHL
04/03/23 (S) NR: STEDMAN, MERRICK, BISHOP
04/03/23 (S) AM: WILSON
04/03/23 (S) FIN AT 9:00 AM SENATE FINANCE 532
04/03/23 (S) Moved CSSB 12(JUD) Out of Committee
04/03/23 (S) MINUTE(FIN)
04/24/23 (S) TRANSMITTED TO (H)
04/24/23 (S) VERSION: CSSB 12(JUD)
04/26/23 (H) READ THE FIRST TIME - REFERRALS
04/26/23 (H) STA, JUD, FIN
05/04/23 (H) STA AT 3:00 PM GRUENBERG 120
05/04/23 (H) Heard & Held
05/04/23 (H) MINUTE(STA)
03/05/24 (H) STA AT 3:00 PM GRUENBERG 120
03/05/24 (H) Heard & Held
03/05/24 (H) MINUTE(STA)
03/07/24 (H) STA AT 3:00 PM GRUENBERG 120
03/07/24 (H) Heard & Held
03/07/24 (H) MINUTE(STA)
03/12/24 (H) STA AT 3:00 PM GRUENBERG 120
BILL: HJR 18
SHORT TITLE: SOCIAL SECURITY BENEFIT REDUCTION REPEAL
SPONSOR(s): REPRESENTATIVE(s) GALVIN
01/22/24 (H) READ THE FIRST TIME - REFERRALS
01/22/24 (H) STA
02/22/24 (H) STA AT 3:00 PM GRUENBERG 120
02/22/24 (H) -- MEETING CANCELED --
03/05/24 (H) STA AT 3:00 PM GRUENBERG 120
03/05/24 (H) Heard & Held
03/05/24 (H) MINUTE(STA)
03/12/24 (H) STA AT 3:00 PM GRUENBERG 120
BILL: SB 95
SHORT TITLE: LIC. PLATES: SPECIALTY ORGS/PEACE OFFICER
SPONSOR(s): SENATOR(s) MERRICK
03/08/23 (S) READ THE FIRST TIME - REFERRALS
03/08/23 (S) STA, FIN
04/18/23 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
04/18/23 (S) -- MEETING CANCELED --
04/20/23 (S) STA AT 3:30 PM
04/20/23 (S) Heard & Held
04/20/23 (S) MINUTE(STA)
05/02/23 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
05/02/23 (S) Moved CSSB 95(STA) Out of Committee
05/02/23 (S) MINUTE(STA)
05/03/23 (S) STA RPT CS 5DP SAME TITLE
05/03/23 (S) DP: KAWASAKI, WIELECHOWSKI, CLAMAN,
MERRICK, BJORKMAN
05/10/23 (S) FIN AT 9:00 AM SENATE FINANCE 532
05/10/23 (S) Heard & Held
05/10/23 (S) MINUTE(FIN)
05/12/23 (S) FIN RPT CS(STA) 6DP 1NR SAME TITLE
05/12/23 (S) DP: STEDMAN, HOFFMAN, WILSON, KIEHL,
MERRICK, BISHOP
05/12/23 (S) NR: OLSON
05/12/23 (S) FIN AT 9:00 AM SENATE FINANCE 532
05/12/23 (S) Moved CSSB 95(STA) Out of Committee
05/12/23 (S) MINUTE(FIN)
05/16/23 (S) TRANSMITTED TO (H)
05/16/23 (S) VERSION: CSSB 95(STA) AM
01/16/24 (H) READ THE FIRST TIME - REFERRALS
01/16/24 (H) STA, FIN
03/05/24 (H) STA AT 3:00 PM GRUENBERG 120
03/05/24 (H) Heard & Held
03/05/24 (H) MINUTE(STA)
03/12/24 (H) STA AT 3:00 PM GRUENBERG 120
BILL: HB 190
SHORT TITLE: ALASKA SUNSET COMMISSION
SPONSOR(s): WAYS & MEANS
05/03/23 (H) READ THE FIRST TIME - REFERRALS
05/03/23 (H) W&M, STA, FIN
05/08/23 (H) W&M AT 6:00 PM DAVIS 106
05/08/23 (H) <Bill Hearing Canceled>
05/09/23 (H) W&M AT 6:00 PM DAVIS 106
05/09/23 (H) Heard & Held
05/09/23 (H) MINUTE(W&M)
01/24/24 (H) W&M AT 6:00 PM DAVIS 106
01/24/24 (H) Heard & Held
01/24/24 (H) MINUTE(W&M)
01/31/24 (H) W&M AT 6:00 PM DAVIS 106
01/31/24 (H) Heard & Held
01/31/24 (H) MINUTE(W&M)
02/14/24 (H) W&M AT 6:00 PM DAVIS 106
02/14/24 (H) Moved CSHB 190(W&M) Out of Committee
02/14/24 (H) MINUTE(W&M)
02/19/24 (H) W&M RPT CS(W&M) NEW TITLE 4DP 2NR
02/19/24 (H) DP: MCKAY, MCCABE, TILTON, CARPENTER
02/19/24 (H) NR: GRAY, GROH
03/12/24 (H) STA AT 3:00 PM GRUENBERG 120
WITNESS REGISTER
KACI SCHROEDER, Assistant Attorney General
Central Office
Criminal Division
Department of Law
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on SB
103.
BUDDY WHITT, Staff
Representative Laddie Shaw
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided an explanation for Amendment 1 to
SB 12; Described the committee substitute to HJR 18.
SARAH STANLEY, Assistant Attorney General
Legal Services Section
Criminal Division
Department of Law
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the hearing on SB
12.
SENATOR KIEHL
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As bill sponsor, provided his perspective
of Amendment 1 to SB 12.
NANCY MEADE, General Counsel
Administrative Staff
Office of the Administrative Director
Alaska Court System
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the hearing on SB
12.
SUZI PEARSON, Executive Director
Abused Women's Aid in Crisis
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 12.
LAUREE MORTEN, Deputy Director
Alaska Network on Domestic Violence and Sexual Assault
Juneau, Alaska
POSITION STATEMENT: Testified in support of SB 12.
KATHLEEN YERBICH, representing self
Wasilla, Alaska
POSITION STATEMENT: Testified in support of HJR 18.
MARILYN PILLIFANT, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HJR 18.
SARAH CAMPBELL, representing self
Ketchikan, Alaska
POSITION STATEMENT: Testified in support of HJR 18.
NATASHA GRAHAM, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HJR 18.
LINDA SHARP, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HJR 18.
PAMELA LLOYD, representing self
Sterling, Alaska
POSITION STATEMENT: Testified in support of HJR 18.
REPRESENTATIVE ALYSE GALVIN
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided comments during the hearing on HJR
18, as prime sponsor.
SENATOR KELLY MERRICK
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided comments during the hearing on SB
95, as prime sponsor.
KERRY CROCKER, Staff
Senator Kelly Merrick
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions about SB 95.
REPRESENTATIVE BEN CARPENTER
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented a sponsor statement for HB 190,
as prime sponsor.
KENDRA BROUSSARD, Staff
Representative Ben Carpenter
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided a sectional analysis for HB 190,
on behalf of Representative Carpenter, prime sponsor.
DONNA ARDUIN, Staff
Representative Ben Carpenter
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on SB
190, on behalf of Representative Carpenter, prime sponsor.
ACTION NARRATIVE
3:02:41 PM
CHAIR SHAW called the House State Affairs Standing Committee
meeting to order at 3:02 p.m. Representatives Carpenter,
Johnson, Allard, Carrick, Wright, and Shaw were present at the
call to order. Representative Story arrived as the meeting was
in progress.
SB 103-PEER SUPPORT COUNSELING PROGRAM
3:03:34 PM
CHAIR SHAW announced that the first order of business would be
SENATE BILL NO. 103, "An Act relating to peer support counseling
programs for law enforcement agencies, emergency service
providers, and the Department of Corrections." [SB 103 was
amended by the committee on 3/7/24.]
3:04:24 PM
The committee took a brief at-ease.
3:04:48 PM
REPRESENTATIVE CARPENTER referred to SB 103 as amended, page 2,
lines 14-16 and asked whether information collected during the
peer-support counseling program would be something that a grand
jury could subpoena.
3:06:06 PM
KACI SCHROEDER, Assistant Attorney General, Central Office,
Criminal Division, Department of Law, clarified that information
collected during the peer support counseling program would not
be admissible at a grand jury trial. Only if the information
falls under one of the exceptions could it apply.
3:07:08 PM
REPRESENTATIVE C. JOHNSON asked about mandatory reporting within
the process of peer counseling.
3:07:32 PM
MS. SCHROEDER answered that a mandatory reporter would be
required to report in the case of several exceptions listed
within the bill. She referred to several exceptions including
"information that is required by law to be reported",
"information relating to the abuse of a child or vulnerable
adult", and if there is "any admission of criminal conduct".
She said there are no concerns from the Department of Law with
respect to mandatory reporting requirements.
3:08:22 PM
CHAIR SHAW thanked Ms. Schroeder.
REPRESENTATIVE WRIGHT moved to report SB 103 as amended out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, HCS CSSB 103(STA) was
reported out of the House State Affairs Standing Committee.
3:08:53 PM
The committee took an at-ease from 3:08 p.m. to 3:11 p.m.
SB 12-ADDRESS CONFIDENTIALITY PROGRAM
3:11:27 PM
CHAIR SHAW announced that the next order of business would be CS
FOR SENATE BILL NO. 12(JUD), "An Act relating to the duties of
the Department of Administration; creating an address
confidentiality program; and providing for an effective date."
[Before the committee, adopted as a working document on 3/7/24,
was the proposed House committee substitute (HCS) for CSSB
12(JUD), Version 33-LS0162\H, C. Radford, 3/6/24 ("Version H").]
3:11:46 PM
CHAIR SHAW moved to adopt Amendment 1 to Version H, labeled 33-
LS0162\D.1, C. Radford, 3/8/24, which read as follows:
Page 1, following line 3:
Insert a new bill section to read:
"* Section 1. AS 18.65.087(b) is amended to read:
(b) Information about a sex offender or child
kidnapper that is contained in the central registry,
including sets of fingerprints, is confidential and
not subject to public disclosure except as to the sex
offender's or child kidnapper's name, aliases,
address, photograph, physical description, description
of motor vehicles, license numbers of motor vehicles,
and vehicle identification numbers of motor vehicles,
place of employment, date of birth, crime for which
convicted, date of conviction, place and court of
conviction, length and conditions of sentence, and a
statement as to whether the offender or kidnapper is
in compliance with requirements of AS 12.63 or cannot
be located. A sex offender's or child kidnapper's
address is confidential and not subject to public
disclosure if the sex offender or child kidnapper is
enrolled in the address confidentiality program under
AS 44.21.022."
Page 1, line 4:
Delete "Section 1"
Insert "Sec. 2"
Renumber the following bill sections accordingly.
Page 3, lines 1 - 3:
Delete "not required to register as a sex
offender or child kidnapper under AS 12.63 or a
similar law of another jurisdiction and is"
Page 3, following line 14:
Insert a new subsection to read:
"(d) An individual who has a duty to register
under AS 12.63.010 may petition the court for an order
that the individual is eligible to enroll, or remain
enrolled, in the program. A copy of the petition must
be served on the Department of Public Safety. If the
Department of Public Safety does not file a response
within 45 days after service of the petition, the
court may grant the petition without further
proceedings, subject to the requirements of (c) of
this section. The court may issue an order finding
that an individual who has a duty to register under
AS 12.63.010 is eligible to enroll, or remain
enrolled, in the program if it finds by clear and
convincing evidence that the individual's safety
interest in keeping the individual's address
confidential outweighs the public safety interest in
making the individual's address public as provided in
AS 12.63.010 and AS 18.65.087."
Reletter the following subsections accordingly.
Page 3, lines 27 - 29:
Delete all material and insert:
"The department shall remove an individual
enrolled in the program if, during the time of the
individual's enrollment in the program, the individual
is required to register under AS 12.63.010 and the
individual does not obtain a court order as required
under (d) of this section."
Page 5, line 6:
Delete "sec. 2"
Insert "sec. 3"
Page 5, line 9:
Delete "Section 3"
Insert "Section 4"
Page 5, line 10:
Delete "sec. 4"
Insert "sec. 5"
REPRESENTATIVE WRIGHT objected for the purpose of discussion.
CHAIR SHAW made note that while he is the sponsor of the
amendment, policy discussion will help him decide whether to
support his amendment or not.
3:12:18 PM
BUDDY WHITT, Staff, Representative Laddie Shaw, Alaska State
Legislature, provided an explanation for Amendment 1. He
provided a hypothetical story to explain Amendment 1, in which a
person registered as a sex offender is experiencing domestic
abuse and may need address confidentiality for their personal
safety. The amendment establishes a method by which a person
who is on the sex offender list may be able to enter the address
confidentiality program by petitioning the court. If the court
takes no action or finds there is clear and convincing evidence
that the individual's safety interest outweighs the public
safety interest, that individual may be granted access to the
address confidentiality program.
3:17:33 PM
REPRESENTATIVE STORY asked to hear from the Department of Public
Safety.
3:18:18 PM
The committee took an at-ease from 3:18 p.m. to 3:19 p.m.
3:19:37 PM
SARAH STANLEY, Assistant Attorney General, Legal Services
Section, Criminal Division, Department of Law, introduced
herself for the record.
3:20:10 PM
The committee took a brief at-ease.
3:20:18 PM
REPRESENTATIVE STORY asked about Amendment 1 and whether it was
brought forth by the Department of Public Safety.
3:20:29 PM
MS. STANLEY explained that she is prepared to answer legal
questions about what the amendment does but said she cannot
provide opinion on policy decisions.
3:21:02 PM
REPRESENTATIVE CARRICK asked the bill sponsor to explain whether
the amendment is intended to be "friendly."
3:21:20 PM
SENATOR KIEHL, Alaska State Legislature, offered his thanks to
the committee discussing this policy. He provided his
perspective of Amendment 1 to CSSB 12(JUD). He said that it
would be considered a "friendly" amendment. He said the idea
for the amendment was inspired through his time spent on the
Governor's Council on Human and Sex trafficking. The amendment
seeks to protect those in rare situations of escape from rough
situations who need protection. He explained the process of
court petitioning. He noted that the Department of Public
Safety would still have access to their physical address, as
well as the Department of Corrections and law enforcement.
3:24:25 PM
REPRESENTATIVE CARPENTER asked about "clear and convincing
evidence".
3:25:14 PM
NANCY MEADE, General Counsel, Administrative Staff, Office of
the Administrative Director, Alaska Court System, explained that
"clear and convincing evidence" is a standard that courts
regularly use. She further explained that "preponderance of the
evidence" could indicate 51 percent certainty, "beyond a
reasonable doubt" would be over 90 percent certain, "clear and
convincing evidence" would be somewhere in between 51-90 percent
certainty, though it is not typically defined in exactitude.
The court would need to consider whether there is enough
evidence to support that a person is at risk and poses less risk
to the community to be considered eligible for address
confidentiality protection.
3:28:10 PM
REPRESENTATIVE CARPENTER asked about what kind of evidence would
elevate the victim/offender's status enough to grant their
address confidentiality.
3:29:16 PM
SENATOR KIEHL emphasized that the language of Amendment 1
specifies risk to life or physical safety, not privacy interests
or desires.
REPRESENTATIVE CARPENTER commented that any sex offender could
make the argument that they are in a dangerous situation and
seek qualification under the address confidentiality program.
He stated his feeling that the amendment may create a loophole
for sex offenders.
3:31:09 PM
REPRESENTATIVE CARRICK asked how many sex trafficking victims
are also prosecuted as a sex offender or child kidnapper.
SENATOR KIEHL said the council is working on a clear definition
of "trafficking victim." He stated that he lacks specific data
but estimated that the number of people who may utilize the
provisions under Amendment 1 is low.
REPRESENTATIVE CARRICK said someone's safety would have to be
impacted with clear and convincing evidence indicating that they
qualify for address confidentiality. She asked if the amendment
is centric to people who have also been victimized.
MS. MEAD answered that the amendment is applicable only to those
required to be on the sex offender registry. She noted that
this situation would likely be somewhat rare, and she added that
it would be quite difficult for the court to decide given the
compelling interested in protecting the public from sex
offenders. She emphasized that proceedings in these situations
would not be routine or taken lightly.
REPRESENTATIVE CARRICK commented that even though these
situations are unlikely, it would be good to have protections in
place. She remarked that there are likely some gray areas. She
offered her support of Amendment 1.
3:36:05 PM
REPRESENTATIVE ALLARD asked how many sex offenders have
protective orders against other individuals.
MS. MEAD responded that the court does not maintain that data.
When a court issues a protective order, there is not a
discussion of a victim's past criminal history.
REPRESENTATIVE ALLARD asked about the likelihood of a sex
offender recommitting.
MS. MEAD responded that there is mixed information, and she does
not have enough information to guess.
REPRESENTATIVE ALLARD commented that she's not interested in
protecting sex offenders. She said, "They deserve whatever
they're getting."
MS. MEAD clarified that [the proposed House committee
substitute, Version H] states that sex offenders cannot
participate in the address confidentiality program. Amendment 1
provides an opportunity for a sex offender to go to the court to
make their case for address confidentiality eligibility.
3:39:05 PM
REPRESENTATIVE C. JOHNSON expressed his concern about the
proposed amendment. He moved to table Amendment 1.
REPRESENTATIVE CARRICK objected.
A roll call vote was taken. Representatives Wright, Carpenter,
C. Johnson, Allard, and Shaw voted in favor of tabling Amendment
1 to the proposed HCS, Version H. Representatives Carrick and
Story voted against it. Therefore, Amendment 1 was tabled by a
vote of 5-2.
3:42:04 PM
The committee took an at-ease from 3:42 p.m. to 3:43 p.m.
3:43:28 PM
CHAIR SHAW opened public testimony on SB 12.
3:43:39 PM
SUZI PEARSON, Executive Director, Abused Women's Aid in Crisis,
testified in support of SB 12 with the tabled Amendment. SB 12
will protect victims of domestic violence and stalking, who are
at the highest risk of lethality. This bill protects victims
and employees of Abused Women's Aid in Crisis.
3:45:11 PM
LAUREE MORTEN, Deputy Director, Alaska Network on Domestic
Violence and Sexual Assault, testified in support of SB 12. She
remarked that Alaska is one of the few states that has yet to
establish an address confidentiality program. Similar programs
in other states are effective and help to save lives. She
explained that one of the most dangerous times for victims is
when they attempt to leave. Address confidentiality helps to
keep victims and their children safe during extremely sensitive
and dangerous times where secrecy is critical. She noted that
there are times when protective orders place the victim at even
greater risk.
3:47:40 PM
CHAIR SHAW, after ascertaining that no one else wished to
testify, closed public testimony on SB 12.
3:47:57 PM
SENATOR KIEHL thanked the committee for consideration of CSSB
12(JUD) and provided closing remarks.
3:48:21 PM
REPRESENTATIVE WRIGHT moved to report HCS CSSB 12, Version 33-
LS0162\H, C. Radford, 3/6/24 out of committee with individual
recommendations and the accompanying fiscal notes, and to
authorize Legislative Legal Services to make any necessary
technical or conforming changes. There being no objection, HSC
CSSB 12(STA) was reported out of the House State Affairs
Standing Committee.
3:48:48 PM
The committee took an at-ease from 3:48 p.m. to 3:50 p.m.
HJR 18-SOCIAL SECURITY BENEFIT REDUCTION REPEAL
3:50:57 PM
CHAIR SHAW announced that the next order of business would be
HOUSE JOINT RESOLUTION NO. 18, Urging the United States Congress
to repeal the Windfall Elimination Provision and Government
Pension Offset of the Social Security Act.
3:51:12 PM
REPRESENTATIVE WRIGHT moved to adopt the proposed committee
substitute (CS) to HJR 18, Version S, 33-LS0162\H, C. Radford,
3/6/24, as a working document.
3:51:24 PM
CHAIR SHAW objected for the purpose of discussion.
3:51:35 PM
BUDDY WHITT, Staff, Representative Laddie Shaw, Alaska State
Legislature, explained that the committee substitute was brought
to the committee by request of the bill sponsor to ensure the
clarity of the bill language.
3:52:13 PM
CHAIR SHAW announced there being no objection, Version S was
before the committee.
CHAIR SHAW opened public testimony.
3:52:47 PM
KATHLEEN YERBICH, representing self, described her work and life
history as a paper delivery person, restaurant employee,
veteran, teacher, and mother. She expressed her support for HJR
18. She described the unpleasant surprise when she learned
about the Government Pension Offset (GPO) and the Windfall
Elimination Provision (WEP). She explained that because she
worked as a teacher in Alaska, her and her husband's social
security benefits would not be made fully available to her. She
described stories of people who reached retirement age before
being made aware of the situation.
3:55:12 PM
MARILYN PILLIFANT, representing self, testified in support of
HJR 18. She thanked Representative Galvin for her work on HJR
18. She told the committee of the commonality of Alaskans at
retirement age finding out that they are not eligible for full
social security after decades of public service. She explained
that she didn't find out about WEP/GPO until she retired after
28 years working in an elementary school.
3:57:51 PM
SARAH CAMPBELL, representing self, testified in support of HJR
18. She thanked Representative Galvin for introducing the
resolution. Retirement is a significant issue facing Alaska's
public employees. She said that dedicated public employees need
to know their representatives support them by urging the federal
government to repeal the Windfall Elimination Provision and the
Government Pension Offset. She told a story of when she was
informed that her social security benefits would be slashed.
She mentioned that she had paid into social security through her
part-time job to supplement her teaching salary. She also
mentioned that her husband, a state trooper who also worked in
the private sector, will experience WEP/GPO reductions because
of his tenure as a state trooper. These provisions punish
Alaska's public employees and need to be repealed. She said
that over 70 percent of those affected by GPO lose their entire
spousal and survivor benefits.
4:00:44 PM
NATASHA GRAHAM, representing self, provided background
information about her work and life as a military spouse,
teacher, and mother. She testified in support of HJR 18. She
said that as a tier III educator in the teacher retirement
system, she will lose more than half of the social security
benefits that she earned because of the Windfall Elimination
Provision. She said without a pension and social security, she
expects to outlive her retirement benefits.
4:02:14 PM
LINDA SHARP, representing self, testified in support of HJR 18.
She told the committee that she learned about WPA when she went
to collect social security for the first time a few years after
retiring. She suggested the legislature work to fund schools as
generously as the legislature funded itself when it approved a
wage increase for representatives last year.
4:03:59 PM
PAMELA LLOYD, representing self, testified in support of HJR 18.
She thanked Representative Galvin for introducing the
resolution. She mentioned the disproportionate impact of
WEP/GPO on Alaskans compared to other states. She said her
husband will not be able to receive her social security earnings
should she die first.
4:05:15 PM
CHAIR SHAW, after ascertaining that no one else wished to
testify, closed public testimony on HJR 18.
4:05:38 PM
REPRESENTATIVE ALYSE GALVIN, Alaska State Legislature, thanked
the House State Affairs Standing Committee for hearing the
resolution. She made note of the bipartisan support for the
resolution at the federal level. She sought to ensure current
public servants that the legislature is speaking up for them.
4:06:36 PM
CHAIR SHAW highlighted his own experience with social security
and offered his support for HJR 18.
4:06:55 PM
REPRESENTATIVE WRIGHT moved to report CSHJR 18, Version S, 33-
LS0162\H, C. Radford, 3/6/24, out of committee with individual
recommendations and the accompanying zero fiscal notes. There
being no objection, CSHJR 18(STA) was reported out of the House
State Affairs Standing Committee.
4:07:17 PM
The committee took an at-ease from 4:07 p.m. to 4:08 p.m.
SB 95-LIC. PLATES: SPECIALTY ORGS/PEACE OFFICER
4:08:57 PM
CHAIR SHAW announced that the next order of business would be CS
FOR SENATE BILL NO. 95(STA), "An Act relating to special request
specialty organization registration plates; relating to special
registration plates commemorating peace officers killed in the
line of duty; and providing for an effective date."
4:09:15 PM
REPRESENTATIVE ALLARD moved Amendment 1 to CSSB 95(STA), which
read as follows:
Page 1, line 2, following "duty;":
Insert "relating to special registration plates
for vehicles owned by women veterans; relating to
special request registration plates for United States
Space Force personnel;"
Page 3, following line 6:
Insert new material to read:
"(nn) Vehicles owned by women veterans. The
department, upon receipt of written proof that the
woman veteran is a sole or joint owner of a motor
vehicle, shall issue special registration plates for
the motor vehicle to a requesting person who is a
woman veteran or retired woman veteran of the armed
forces of the United States. The design and color of
the women veteran or retired women veteran plates
shall be designed by a committee of women veterans and
retired women veterans.
(oo) Special request plates for United States
Space Force personnel. Upon application by the owner
of a motor vehicle who presents satisfactory proof of
current membership in the Unites States Space Force,
the department may design and issue registration
plates that identify the vehicle as registered to a
member of the United States Space Force. The
department may disapprove the issuance of registration
plates under this subsection when the requested plates
are a duplication of an existing registration.
* Sec. 2. AS 28.10.421(d)(2) is amended to read:
(2) special request plates for
(A) Alaska National Guard or United States
Space Force personnel ............................. $30;
(B) veterans, retired veterans, women
veterans, retired women veterans, or Lao veterans . $30;
(C) recipients of the Purple Heart .... none;
(D) recipients of the Bronze Star awarded
for valor, Silver Star, Navy Cross, Distinguished
Service Cross, Air Force Cross, Coast Guard Cross, or
other award reflecting valor ...................... $30;
(E) owners of custom collector vehicles $50;
(F) Iditarod race finishers ............ $50;
(G) other special request plates ....... $30;
plus the fee required for that vehicle under (b) of
this section; the fee required by this paragraph shall
be collected only on the first issuance and on the
replacement of special request plates;"
Renumber the following bill sections accordingly.
Page 3, following line 18:
Insert a new bill section to read:
"* Sec. 4. The uncodified law of the State of
Alaska is amended by adding a new section to read:
DESIGN COMMITTEE FOR WOMEN VETERAN SPECIAL
REGISTRATION PLATES. A committee for the design of
women veteran or retired women veteran special
registration plates under AS 28.10.181(nn) is
established. The committee consists of women veterans
and retired women veterans, with a legislator who is a
retired woman veteran serving as chair. The committee
shall determine the design and color of the women
veteran or retired women veteran plates."
Renumber the following bill section accordingly.
4:09:19 PM
REPRESENTATIVE WRIGHT objected for the purpose of discussion.
REPRESENTATIVE ALLARD expressed her appreciation to the bill
sponsor for bringing forward CSSB 95(STA). She explained that
Amendment 1 seeks to include Space Force and women veterans, to
the list of organizations that can be recognized on license
plates. She reported that about 10,000 women veterans reside in
Alaska. Also included in the amendment is the formation of a
committee for female veterans to design a license plate.
REPRESENTATIVE WRIGHT said he is inclined to support the
amendment and has created legislation to support the inclusion
of Space Force in Alaska State Statute. He asked to hear from
the bill sponsor.
4:11:48 PM
SENATOR KELLY MERRICK, Alaska State Legislature, as prime
sponsor of SB 95, commented that Amendment 1 is contrary to the
point of the bill. She said SB 95 was written to eliminate the
need for the legislature to pass legislation for specialty
plates to be made. She explained that the specialty plate for
fallen peace officers was added only because the bill had been
introduced prior to SB 95. Including extra plates will likely
quadruple the fiscal note. By passing the bill as written,
women veterans and Space Force personnel can request specialty
through the DMV instead of through the legislature.
4:13:06 PM
REPRESENTATIVE ALLARD, in response to Senator Merrick, commented
that marginalizing female veterans and space force is alarming.
She said she lives in the district with the most female military
veterans in the state. She argued that the cost of the
specialty plates is minimal and should be spent to honor those
who have served our country.
4:13:50 PM
REPRESENTATIVE STORY asked for clarification.
4:14:05 PM
SENATOR MERRICK explained that any group, including a group of
women veterans, would be able to apply through the DMV for
specialty plates. The proposed legislation would not prevent
legislators from bringing future license plates forward in a
bill in the future; the bill just makes it possible for
specialty license plates to be approved by the DMV.
4:14:50 PM
REPRESENTATIVE CARRICK asked for the bill sponsor's perspective
of when the specialty plates for fallen peace officers was added
to the original bill.
4:15:07 PM
SENATOR MERRICK explained that the bill to approve specialty
plates for fallen peace officers was introduced before SB 95. It
discussed in the Senate Finance Committee, then added as a floor
amendment. She explained there was some disagreement about the
procedure. She found it reasonable and decided not to object
because the bill had previously been filed.
REPRESENTATIVE CARRICK asked, if the fallen peace officers'
specialty license plate not been included in the bill, whether
SB 95, "the license plate bill to end all license plate bills,"
would make it possible to create that specialty plate through
the DMV instead of the legislature.
SENATOR MERRICK affirmed Representative Carrick's description.
REPRESENTATIVE CARRICK asked if Senator Merrick disapproved of
the amendment because of the specific plates mentioned or
because of the process by which they are put forth.
SENATOR MERRICK responded that she does not seek to diminish the
importance of Space Force personnel or women veterans. She
reclarified that adding more organizations to the bill in an
amendment defeats the purpose of the bill. She explained that
currently, specialty license plates approved by the legislature
utilize general fund dollars. She mentioned the current fiscal
crisis.
REPRESENTATIVE CARRICK asked for the average cost of adding a
new license plate through the state legislature.
4:17:02 PM
KERRY CROCKER, Staff, Senator Kelly Merrick, Alaska State
Legislature, answered that over the last eight years with
different specialty plate bills there have been fiscal notes
ranging from $0 to $16,000.
4:17:28 PM
REPRESENTATIVE WRIGHT maintained his objection.
A roll call vote was taken. Representatives Allard, Story,
Wright, C. Johnson, and Shaw voted in favor of Amendment 1 to
CSSB 95(STA). Representatives Carrick voted against it.
Therefore, Amendment 1 was adopted by a vote of 5-1.
4:18:12 PM
CHAIR SHAW opened public testimony on SB 95 and after
ascertaining that no one wished to testify, he closed public
testimony.
SENATOR MERRICK provided wrap up comments about SB 95.
4:19:06 PM
REPRESENTATIVE WRIGHT moved to report CSSB 95(STA), as amended,
out of committee, with individual recommendations and the
accompanying zero fiscal notes. There being no objection, HCS
SB 95(STA) was reported out of the House State Affairs Standing
Committee.
4:19:24 PM
The committee took an at-ease from 4:19 p.m. to 4:22 p.m.
4:22:01 PM
REPRESENTATIVE WRIGHT corrected his previous motion and moved to
report CSSB 95(STA), as amended, out of committee, with
individual recommendations and the accompanying fiscal notes.
There being no objection, HCS SB 95(STA) was reported out of the
House State Affairs Standing Committee.
HB 190-ALASKA SUNSET COMMISSION
4:22:19 PM
CHAIR SHAW announced that the final only order of business would
be HOUSE BILL NO. 190, "An Act establishing a violation for
hindering the Alaska Sunset Commission; relating to the duties
of the legislature; establishing the Alaska Sunset Commission to
review and make recommendations on discontinuation of or changes
to state entities; relating to the powers and duties of the
Alaska Sunset Commission; and providing for an effective date."
[Before the committee was CSHB 190(W&M).]
4:22:36 PM
REPRESENTATIVE BEN CARPENTER, as prime sponsor, presented HB 190
He paraphrased a sponsor statement [included in the committee
packet] for CSHB 190 (W&M), which read as follows [original
punctuation provided]:
Alaska spends twice as much as other states on
government. There is not enough time or information
available to utilize the annual budget process to
ensure efficient spending, effective service delivery
and continual process improvement in state agencies.
The Executive Budget Act requires the Governor and his
agencies to use performance and financial data in its
budgeting process and to provide such information to
the legislature for its budget deliberations.
Nonetheless, the Executive Budget Act is not being
followed by the executive or the legislature as it
should. Data provided by executive departments is
insufficient for program evaluation, planning and
budgeting.
In addition, for the past ten years, the State Auditor
has produced performance review audits of state
agencies. Again, these resources are not being
utilized by state agencies or the legislature, and the
statute is sunsetting.
HB 190 aims to both provide usable data and impose
recourse into the review process. Adding an extensive
third-party review, and the real risk that an entity
of government will be eliminated by law, may be the
external disruption necessary to lead to leaner
government.
HB 190 "The Alaska Sunset Commission Act" will help
ensure adherence to performance requirements and
process improvement in the operation of our state
government. The bill establishes the Alaska Sunset
Commission under the Lieutenant Governor as an
independent and objective group charged with reviewing
each department by division in the state on a rotating
schedule.
The Commission will be comprised of seven individuals
from the private sector with financial, budget
analysis, accounting, operations management, and other
areas of expertise who will be appointed by the
governor (3), speaker of the house (2) and president
of the senate (2). Commissioners will have staggered
terms of five years, choose a chair, and will serve
without compensation but commissioners will be
entitled to per diem and travel expenses authorized
for boards and commissions. The Commission may employ
staff and hire consultants as it determines necessary
to perform its duties.
Duties of the commission will be to determine whether
there is a public need for the continuation of the
entity and to make a recommendation to the legislature
to continue, discontinue, restructure, or transfer the
duties and programs of the entity to another entity.
The Commission will review the entities of one
department each year that will include adherence to
financial and performance requirements under the
Executive Budget Act, utilization of process
improvement, efficiency of operations, overlap with
other state entities, and the extent to which the
entity is making it difficult to do business in
Alaska.
The Commission will submit a report to the Governor
and Legislature within the first 10 days of
legislative session that includes a recommendation to
continue, discontinue, restructure, or transfer duties
to another entity.
Along with the submission of the report to the
legislature, the Commission will provide any
recommended statutory changes necessary to accomplish
the recommendations in the report to the Rules
Committees with requests to introduce the legislation.
If the legislature does not act on the Commission's
report, the entity subject of the report will be
sunset at the conclusion of the following fiscal year.
4:27:35 PM
KENDRA BROUSSARD, Staff, Representative Ben Carpenter, Alaska
State Legislature, on behalf of Representative Carpenter, prime
sponsor, provided a sectional analysis for CSHB 190 (W&M)
[included in the committee packet], which read as follows
[original punctuation provided]:
Sections 1-5:
Amends the State Personnel Act to include the Alaska
Sunset Commission.
Section 1
Allows persons who hinder the work of the Alaska
Sunset Commission to be fined like those who may
hinder the work of the Legislative Audit and Budget
Committee.
Section 2
A person who has been convicted under Section 1 of
this Act cannot be appointed to state service unless a
waiver is granted by the commissioner of
administration.
Section 3
Makes public information that a state employee has
been dismissed or disciplined for a violation of
interference or failure to cooperate with the Alaska
Sunset Commission.
Section 4
Allows a state employee to be disciplined or dismissed
for failure to give full cooperation to the Alaska
Sunset Commission.
Section 5
Makes interference or failure to cooperate with the
Alaska Sunset Commission a matter of public concern.
Section 6
Amends the Public Record Disclosure Act to add the
Alaska Sunset Commission to the definition of "public
agency."
Section 7
Adds a new section of law to establish the Alaska
Sunset Commission under the Lieutenant Governor. The
Commission consists of seven public members appointed
by the Governor (3), Speaker (2), and Senate President
(2) for staggered five-year terms. Establishes the
qualifications of appointed members, selection of a
chair, and allows the Commission to employ staff and
hire consultants. Commissioners will receive per diem
and travel expenses.
Provides the powers and duties of the Commission,
including reviewing the activities of each state
entity subject to Commission review state entities and
make recommendations to the legislature.
Prior to the Commission's review of an entity each
state entity shall provide to the legislature a report
of the entity's evaluation of its adherence to the
criteria for the Commission's review under this Act.
Provides for a schedule of entities to be reviewed.
The entities are each of the entities of a one state
agency or the University of Alaska each year from 2024
through 2035.
Provides the criteria for review, including the
adherence to performance requirements set under the
Executive Budget Act, alternative methods for delivery
of services, organizational processes, efficiency with
which the entity operates, reorganization potential,
and the extent to which statutory changes are
necessary for the entity to meet the desired
improvements.
Requires the Commission to hold public hearings and
except public testimony.
Requires a report by the Commission following each
review of a state entity with a recommendation to the
legislature to continue, discontinue, restructure, or
transfer the duties and programs of the entity and a
recommendation on a winding-down period for the entity
to conclude its business or provide for a
restructuring plan. The commission shall include in
the report draft legislation to implement the
recommendations of the Commission with a request to
the rules committees to submit the legislation for
introduction.
Provides that if the recommendations of the Commission
are not implemented by law, the entity subject to
review will be sunset on June 30 of the fiscal year
following the review.
Provides definitions.
Section 8
Repeals statutes governing the disposition of
entities, statutes related to sunsetting performance
reviews.
Section 9
Repeals Performance Review State Law 2013 that is set
to sunset July 1, 2023.
Section 10
Makes Section 9 of this Act immediately effective
4:31:56 PM
MS. BROUSSARD provided a PowerPoint presentation, titled "HB 190
Alaska Sunset Commission," [hard copy included in committee
packet]. She read through the presentation starting on slides
2-3, titled "How the Alaska Sunset Commission Will Work," which
read as follows [original punctuation provided]:
The Sunset shines a light on state agencies and
programs to see if they are still relevant in a
changing world. If the answer is yes, the Sunset
recommends improvements to make them more effective
and efficient. If the answer is no, the sunset
recommends abolishing the agency or transferring its
functions to another agency with related functions
The Commission would be administratively housed under
the Lt. Governor. Commissioners will be appointed by
the Governor, Speaker, and Senate President.
The Commission shall be proficient in financial
management, business operations, budgeting economics,
process improvement or government efficiency.
The Commission may hire staff and consultants with
similar proficiencies to conduct a review of each
entity of a Department
HB 190 would Require the Commission to hold public
hearings; at least one on the road system for each
entity reviewed.
The Commission drafts legislation that must be acted
upon or the entity will sunset
4:33:09 PM
MS. BROUSSARD continued with slides 4-5, titled "How the Alaska
Sunset Works," which read as follows [original punctuation
provided]:
•Sunset Staff Evaluation
o Each year, the Commission will review one state
department and each of its entities: divisions and
corporations. Sunset staff will perform extensive
research and analysis to evaluate the need for,
performance for, and improvements to the entity under
review.
• Sunset Commission Staff
o Reviews the agency's self-evaluation report
o Receives input from interested parties
o Evaluates entity and identifies problems
o Develops recommendations
o Publishes staff reports
• Sunset Commission Deliberation
o The Sunset Commission conducts a public hearing
to take testimony on the staff report and the agency
overall. The Sunset Commission conducts a second
meeting to vote on which changes to recommend to the
Legislature.
• Public Hearings
o Sunset staff presents its reports and
recommendations o The agency presents its response
o The Sunset Commission will hear public
testimony and receive written comments
o The Sunset Commission will meet again to
consider and vote on recommendations
o Public Input is published on the website
o The Sunset bills will go through the normal
legislative process
• Legislative Action o The Sunset bill on an entity is
drafted and submitted through the Rules Committee
o The Legislature will consider the Sunset
Commission's recommendations and make its final
decisions
o The Senate and the House conduct committee
hearings and debate/Amend the bill o Bill passes or
fails adoption
o If the Legislature fails to adopt or act on a
bill, the entity sunsets at the end of the following
fiscal year.
4:34:51 PM
MS. BROUSSARD moved to slide 6, titled "HB 190 is Modeled After
The Texas Sunset Commission," which read as follows [original
punctuation provided]:
The sunset process is a key legislative oversight tool
that significantly streamlined and improved Texas
government since it was created by the Texas
Legislature in 1977. Sunset promotes a culture of
continuous improvement in state government by
providing objective, nonpartisan public forum for
evaluating the need for state agencies and their
effectiveness, efficiency, and responsiveness to the
public.
4:35:27 PM
REPRESENTATIVE CARPENTER made note that the Sunset Commission is
not new and has been functioning in Texas since 1977.
4:35:35 PM
MS. BROUSSARD moved to slide 7, titled "Texas Sunset During the
88th Legislature," which read as follows [original punctuation
provided]:
The Sunset Commission reviewed 21 entities for the
88th Legislative Session in Texas, resulting in 235
recommendations to streamline state government while
enhancing services to our citizens. Generally, the
recommendations eliminate unnecessary regulations, and
improve accountability, align agencies' procedures
with best practices, and strengthen effective delivery
of services to Texans.
4:36:06 PM
MS. BROUSSARD moved to slide 8, titled "Impact of Sunset
Reviews," which read as follows [original punctuation provided]:
The Texas Sunset process has led to major policy
changes in almost every area of state government.
Sunset recommendations also have eliminated
duplication among agencies and programs, increased
public participation, helped with government
accountability, and improved the quality and
efficiency of government services.
4:36:27 PM
MS. BROUSSARD read slide 9, titled "Sunset's Impact Since 1977,"
which read as follows [original punctuation provided]:
Streamlining Texas Government
•42 entities and programs have been abolished
•52 entities and programs have been abolished and
transferred or consolidated
Saving Taxpayer money
•$1 billion in state and federal savings and revenue
gains
•Return of $18 for every $1 appropriated to the Sunset
Commission since 1985
Providing Effective Oversight
•570 reviews of state agencies and programs conducted
•80 percent of Sunset recommendations to the
Legislature have become state law since 2001
4:37:12 PM
REPRESENTATIVE CARPENTER made note that slide 9 encompasses
significant change over many decades in Texas which still has a
functioning government despite the many efficiency changes.
4:37:30 PM
MS. BROUSSARD described slide 10, titled "State of Alaska
Department Entities," which read as follows [original
punctuation provided]:
- Department of Administration - 15
- Department of Commerce, Community and Economic
Development - 18
- Department of Corrections - 4
- Department of Education and Early Development - 5
- Department of Environmental Conservation - 5
- Department of Family and Community Services - 7
- Department of Fish and Game - 10
- Department of Health - 8
- Department of Labor and Workforce Development - 11
- Department of Law - 8
- Department of Military and Veterans Affairs - 12
- Department of Natural Resources - 13
- Department of Public Safety - 14
- Department of Revenue - 16
- Department of Transportation and Public Facilities -
31
- University of Alaska - 3
Total amount of Entities = 180
4:37:43 PM
REPRESENTATIVE CARPENTER noted that the 180 entities are not
just departments, but subunits of each department.
4:37:57 PM
MS. BROUSSARD directed the committee's attention to slide 11,
titled "Helpful Links," which read as follows [original
punctuation provided]:
Texas Sunset Advisory Commission
https://www.sunset.texas.gov/
The State of Alaska Agency Directory
https://www.alaska.gov/akdir1.html
4:38:13 PM
REPRESENTATIVE STORY asked how current audits fit into this
process and whether the sunset commission would replace state
audits.
REPRESENTATIVE CARPENTER answered that the Sunset Commission is
not meant to replace state audits. He explained that state
audits provide recommendations to the legislature and the
legislature is not required to act upon those recommendations.
The Sunset Commission would be an entity housed below the
lieutenant governor who is currently responsible for regulatory
review. He said that the Sunset Commission would be
complementary to a state audit, not a replacement.
REPRESENTATIVE STORY asked about penalties for not cooperating
with the commission.
4:40:40 PM
DONNA ARDUIN, Staff, Representative Ben Carpenter, Alaska State
Legislature, on behalf of Representative Carpenter, prime
sponsor, answered that required cooperation of state staff to
the legislative auditor is mirrored in the bill language of the
Sunset Commission.
4:41:11 PM
REPRESENTATIVE CARRICK asked if the legislature is not able to
act on all the recommendations of the commission, whether the
intent of the legislation would be to sunset various agencies.
REPRESENTATIVE CARPENTER answered that the language in the bill
is "substantially comply with", and therefore there would be a
judgement call as to how many if not all then some components
are taken up.
MS. ARDUIN added that the legislation requires a report on each
entity. If legislation is not acted upon, process improvements
and reorganization may occur. If the audits are not acted upon,
an entity may sunset the following year.
REPRESENTATIVE CARRICK asked what would happen if the Sunset
Commission found government entity inefficiency due to a lack of
resources.
REPRESENTATIVE CARPENTER responded that if inefficiencies were
found in an entity due to a lack of adequate resources and
funding, then the Sunset Commission would make a recommendation
to the legislature to increase funding to alleviate the
inefficiencies.
REPRESENTATIVE CARRICK asked what would occur if the legislature
received a recommendation from the Sunset Commission to increase
funding and did not do so.
REPRESENTATIVE CARPENTER answered that if a recommendation from
the sunset commission was not followed, the entity would sunset.
This forces the legislature to look closely at inefficiencies in
the government and may choose to partially increase funding to
prevent sunsetting of essential services. The legislation is
not intended to reduce the authority of the legislature.
4:46:12 PM
MS. ARDUIN added that the Sunset Commission would be required to
submit a report on the evaluated entities, not legislation. She
said the commission is not designed to sunset an entity if a
recommendation is ignored.
4:47:09 PM
CHAIR SHAW referred to slide 10, and asked if there is a reason
the Sunset Commission does not include the governor's office,
lieutenant governor's office, or the legislature in the list of
department entities.
MS. ARDUIN responded that there is a separation of powers issue
with review in the governor's office.
REPRESENTATIVE CARPENTER said he would be supportive of a
friendly amendment to include the legislature in the list of
entities.
CHAIR SHAW thanked Representative Carpenter.
4:48:15 PM
REPRESENTATIVE C. JOHNSON asked how Texas dealt with collective
bargaining.
REPRESENTATIVE CARPENTER offered to do some research and follow
up later.
REPRESENTATIVE C. JOHNSON commented that the Sunset Commission
could "turn political very fast." He asked if safeguards have
been considered to ensure that members of the Sunset Commission
are consistent.
4:49:52 PM
REPRESENTATIVE CARPENTER answered that as the bill is currently
drafted, there are 5-year terms for appointed commissioners. He
explained the division of appointments between the House,
Senate, and the executive branch.
REPRESENTATIVE C. JOHNSON reiterated his concern that appointing
commissioners could be political.
REPRESENTATIVE CARPENTER ensured that since the Sunset
Commission was enacted in Texas in 1977 there have likely been
political arguments, yet the state government continues to
function.
4:51:26 PM
REPRESENTATIVE STORY asked about the University of Alaska and
how the University of Texas has been impacted by the Sunset
commission. She discussed accreditation.
REPRESENTATIVE CARPENTER answered that there have been case
studies and referred to links provided in the presentation. He
offered to do research and follow up later.
4:52:37 PM
CHAIR SHAW opened public testimony on HB 190. After
ascertaining that no one wished to testify, he closed public
testimony.
4:52:55 PM
CHAIR SHAW announced that HB 190 would be held over.
4:53:20 PM
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at [4:53]
p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 12 Amendment 1 HSTA.pdf |
HSTA 3/12/2024 3:00:00 PM |
SB 12 |
| CS HJR 18 HSTA.pdf |
HSTA 3/12/2024 3:00:00 PM |
HJR 18 |
| CS for HB 190 Summary of Changes.pdf |
HSTA 3/12/2024 3:00:00 PM |
HB 190 |
| HB 190 - Sponsor Statement.pdf |
HSTA 3/12/2024 3:00:00 PM HSTA 4/9/2024 3:00:00 PM |
HB 190 |
| HB 190 House State Affairs Bill Hearing Request.pdf |
HSTA 3/12/2024 3:00:00 PM |
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| HB0190B.pdf |
HSTA 3/12/2024 3:00:00 PM HSTA 4/2/2024 3:00:00 PM |
HB 190 |
| List of Divisions and Corporations Under Each Department (for presentation).pdf |
HSTA 3/12/2024 3:00:00 PM HSTA 4/2/2024 3:00:00 PM |
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| CSHB 190 Sectional Analysis Version B.pdf |
HSTA 3/12/2024 3:00:00 PM HSTA 4/16/2024 3:00:00 PM |
HB 190 |
| HB190 Alaska Sunset Commission Presentation 3.12.2024.pdf |
HSTA 3/12/2024 3:00:00 PM HSTA 4/2/2024 3:00:00 PM HSTA 4/16/2024 3:00:00 PM |
HB 190 |