02/02/2016 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB217 | |
| SB9 | |
| HB243 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 217 | TELECONFERENCED | |
| += | SB 9 | TELECONFERENCED | |
| += | HB 243 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
February 2, 2016
8:08 a.m.
TIMESTAMP
MEMBERS PRESENT
Representative Bob Lynn, Chair
Representative Wes Keller, Vice Chair
Representative Louise Stutes
Representative David Talerico
Representative Max Gruenberg
Representative Jonathan Kreiss-Tomkins
MEMBERS ABSENT
Representative Liz Vazquez
COMMITTEE CALENDAR
HOUSE BILL NO. 217
"An Act relating to special request registration plates
commemorating the arts; and relating to the Alaska State Council
on the Arts."
- MOVED CSHB 217(STA) OUT OF COMMITTEE
SENATE BILL NO. 9
"An Act repealing the authority to include certain material from
a political party in the election pamphlet."
- MOVED HCS SB 9(STA) OUT OF COMMITTEE
HOUSE BILL NO. 243
"An Act relating to the permanent fund dividend; and relating to
a permanent fund dividend for an individual whose conviction has
been vacated, reversed, or dismissed or for an individual who
has been pardoned because of innocence and wrongful conviction."
- MOVED CSHB 243(STA) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 217
SHORT TITLE: SP. REQ. ARTS LICENSE PLATES; COMPETITION
SPONSOR(s): REPRESENTATIVE(s) KREISS-TOMKINS
01/19/16 (H) PREFILE RELEASED 1/8/16
01/19/16 (H) READ THE FIRST TIME - REFERRALS
01/19/16 (H) STA, FIN
01/26/16 (H) STA AT 8:00 AM CAPITOL 106
01/26/16 (H) Heard & Held
01/26/16 (H) MINUTE(STA)
02/02/16 (H) STA AT 8:00 AM CAPITOL 106
BILL: SB 9
SHORT TITLE: ELECTION PAMPHLETS
SPONSOR(s): SENATOR(s) MICCICHE
01/21/15 (S) PREFILE RELEASED 1/9/15
01/21/15 (S) READ THE FIRST TIME - REFERRALS
01/21/15 (S) STA, FIN
02/26/15 (S) STA AT 9:00 AM BUTROVICH 205
02/26/15 (S) Heard & Held
02/26/15 (S) MINUTE(STA)
04/14/15 (S) STA RPT 3DP 2NR
04/14/15 (S) DP: COGHILL, HUGGINS, MCGUIRE
04/14/15 (S) NR: STOLTZE, WIELECHOWSKI
04/14/15 (S) STA AT 8:00 AM BUTROVICH 205
04/14/15 (S) Moved SB 9 Out of Committee
04/14/15 (S) MINUTE(STA)
04/16/15 (S) FIN AT 9:00 AM SENATE FINANCE 532
04/16/15 (S) Heard & Held
04/16/15 (S) MINUTE(FIN)
04/16/15 (S) FIN AT 1:30 PM SENATE FINANCE 532
04/16/15 (S) Moved SB 9 Out of Committee
04/16/15 (S) MINUTE(FIN)
04/17/15 (S) FIN RPT 4DP 2NR
04/17/15 (S) DP: MACKINNON, MICCICHE, BISHOP,
HOFFMAN
04/17/15 (S) NR: DUNLEAVY, OLSON
04/18/15 (S) TRANSMITTED TO (H)
04/18/15 (S) VERSION: SB 9
04/19/15 (H) READ THE FIRST TIME - REFERRALS
04/19/15 (H) STA
01/26/16 (H) STA AT 8:00 AM CAPITOL 106
01/26/16 (H) Heard & Held
01/26/16 (H) MINUTE(STA)
02/02/16 (H) STA AT 8:00 AM CAPITOL 106
BILL: HB 243
SHORT TITLE: CRIM. CONV. OVERTURNED: RECEIVE PAST PFD
SPONSOR(s): REPRESENTATIVE(s) LYNN
01/19/16 (H) PREFILE RELEASED 1/15/16
01/19/16 (H) READ THE FIRST TIME - REFERRALS
01/19/16 (H) STA, FIN
01/26/16 (H) STA AT 8:00 AM CAPITOL 106
01/26/16 (H) Heard & Held
01/26/16 (H) MINUTE(STA)
02/02/16 (H) STA AT 8:00 AM CAPITOL 106
WITNESS REGISTER
AMY ERICKSON, Director
Division of Motor Vehicles
Department of Administration (DOA)
Anchorage, Alaska
POSITION STATEMENT: Testified that the division had no
objection to HB 217.
CHUCK KOPP, Staff
Senator Peter Micciche
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented SB 9 on behalf of Senator
Micciche, prime sponsor.
JOHN LINBECK, Executive Director
Electronic Registration Information Center (ERIC)
Washington, D.C.
POSITION STATEMENT: Provided information on SB 9, Version 29-
LS0244\N.
SENATOR PETER MICCICHE
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, presented SB 9.
DENEEN TUCK, Staff
Representative Bob Lynn
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 243 on behalf of
Representative Lynn, prime sponsor.
SARA RACE, Director
Central Office
Permanent Fund Dividend Division
Department of Revenue (DOR)
Juneau, Alaska
POSITION STATEMENT: Answered questions relating to HB 243.
HILARY MARTIN, Attorney
Legislative Legal Counsel
Legislative Legal and Research Services
Legislative Affairs Agency (LAA)
Juneau, Alaska
POSITION STATEMENT: Answered questions relating to HB 243.
NANCY MEADE, General Counsel
Administrative Staff
Office of the Administrative Director
Alaska Court System
Anchorage, Alaska
POSITION STATEMENT: Answered questions relating to HB 243.
ACTION NARRATIVE
8:08:41 AM
CHAIR BOB LYNN called the House State Affairs Standing Committee
meeting to order at 8:08 a.m. Representatives Lynn, Keller,
Stutes, Talerico, and Kreiss-Tomkins were present at the call to
order. Representative Gruenberg arrived as the meeting was in
progress.
HB 217-SP. REQ. ARTS LICENSE PLATES; COMPETITION
8:09:16 AM
CHAIR LYNN announced that the first order of business would be
HOUSE BILL NO. 217, "An Act relating to special request
registration plates commemorating the arts; and relating to the
Alaska State Council on the Arts."
[Before the committee was the proposed committee substitute (CS)
for HB 217, Version 29-LS0999\N, Martin, 1/25/16, adopted as a
work draft on 1/26/16.]
8:09:54 AM
REPRESENTATIVE KREISS-TOMKINS, as prime sponsor, presented HB
217. He stated that the proposed legislation was an "American
Idol" type competition for an Alaskan statewide license plate
design to be held every four years administered and juried by
the Alaska State Council on the Arts (ASCA). The final designs
would be picked by juries selected by the ASCA, and a winner
would be selected by popular vote.
CHAIR LYNN asked what "American Idol" was.
REPRESENTATIVE KREISS-TOMKINS answered that "American Idol" was
a reality television show in which singers competed before a
jury and ultimately the public was invited to vote on their
choice of best singer. He further stated that this was a
similar idea except it was for license plate design and art
portraying Alaska. He said that the idea behind this is that
every license plate in Alaska is a canvas and Alaska artists
would have the ability to compete to put their designs forth as
a license plate design that Alaskans can choose for their
vehicles. The revenue from this competition would go to help
fund ASCA. He stated the intent of HB 219 is to generate a
modest revenue stream for ASCA and to make sure that Alaska has
the most stunning and beautiful license plates - designed by
Alaskans - of all 50 states in the nation.
8:12:30 AM
REPRESENTATIVE KREISS-TOMKINS relayed that the Division of Motor
Vehicles (DMV) requested the fee for the plate, as shown on page
1, line 14, of Version N, be changed from $35 to $50 for
internal consistency.
REPRESENTATIVE KELLER asked how the $50 fee was derived from the
existing $150 fee currently in law.
REPRESENTATIVE KREISS-TOMKINS offered his understanding that the
$150 fee in law is out-of-date and was for a plate design that
is not currently offered. The drafters of the proposed
legislation mistakenly used the $150 fee amount.
8:13:47 AM
REPRESENTATIVE KELLER moved to adopt Amendment 1, as follows:
Page 1, line 14:
Delete "$35"
Insert "$50"
There being no objection, Amendment 1 was adopted.
8:14:02 AM
REPRESENTATIVE KREISS-TOMKINS commented that it was a pleasure
working with ASCA and various artists in Alaska who are excited
about visioning this process.
CHAIR LYNN opened public testimony on HB 217.
8:14:34 AM
AMY ERICKSON, Director, Division of Motor Vehicles, Department
of Administration (DOA), stated that the division has no
objections to HB 217.
8:15:08 AM
REPRESENTATIVE KELLER REPRESENTATIVE moved to report CSHB 217,
Version 29-LS0999\N Martin, 1/25/16, as amended, out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, CSHB 217(STA) was
reported from the House State Affairs Standing Committee.
8:15:36 AM
The committee took an at-ease from 8:16 a.m. to 8:17 a.m.
SB 9-ELECTION PAMPHLETS
8:17:44 AM
CHAIR LYNN announced that the next order of business would be
SENATE BILL NO. 9, "An Act repealing the authority to include
certain material from a political party in the election
pamphlet."
[Before the committee was the proposed committee substitute (CS)
for SB 9, Version 29-LS0244\W Bullard, 12/9/15, adopted as a
work draft on 1/26/16.]
8:18:27 AM
CHUCK KOPP, Staff, Senator Peter Micciche, Alaska State
Legislature, testifying on behalf of Senator Micciche, prime
sponsor, directed attention to a new proposed committee
substitute (CS) for SB 9, [Version 29-LS0244\N, Bullard,
2/1/16], which he said takes into account the information
security standard that is recognized as best practice in the
industry for transmission of [confidential voter registration
records]. He said Representative Keller had brought to the
sponsor's attention that it would be good to have that
[information] stated in the law to demonstrate that Alaska not
only wants to adhere to the best practice of data security but
also to emphasize the confidentiality of the data being
transmitted under the section. Mr. Kopp stated that the prime
sponsor agrees with the new language entirely.
CHUCK KOPP, in response to Chair Lynn, clarified that the
additional portion of the language mentioning the data security
standard, is on page 2, lines 24-27, of Version N.
8:20:06 AM
REPRESENTATIVE KELLER moved to adopt the proposed committee
substitute (CS) for SB 9, Version 29-LS0244\N, Bullard, 2/1/16,
as a work draft. There being no objection, Version N was before
the committee.
8:20:35 AM
MR. KOPP explained that current statute provides that anyone who
registers to vote may access any one of a number of online
abilities to register. The proposed legislation would regulate
the confidentiality of how data can be released by the division.
On page 2, lines 17-27, of Version N, language has been added to
allow the sharing of voter registration information with states
that have organized together for the purpose of verifying voter
registration information - a state-led and state-regulated
initiative - and includes the aforementioned language that would
set best practices for industry security with respect to data.
8:21:41 AM
REPRESENTATIVE GRUENBERG alluded to a previous discussion [with
the sponsor] about an amendment regarding the election pamphlet,
and he stated his understanding that the prime sponsor would
prefer that [such an amendment] not be added to this bill.
MR. KOPP responded that [Representative Gruenberg] was correct.
8:22:15 AM
REPRESENTATIVE KELLER clarified the new language proposed under
Version N would add that "the information security standards of
the International Organization for Standardization;" has to be
in place "or a published information security standard used by
the State of Alaska and approved by the Department of
Administration". He believed it to be an elegant sideboard that
needed to be included in [the proposed legislation] and
appreciated the sponsor's willingness to put it in.
8:22:48 AM
REPRESENTATIVE GRUENBERG requested a description of the
International Organization for Standardization and its security
standards be put on the record.
8:23:27 AM
JOHN LINBECK, Executive Director, Electronic Registration
Information Center (ERIC), offered that the International
Standards Organization (ISO) sets standards for business
practices around the world. The organization has an extensive
set of standards for businesses and agencies that store and
protect private data with regard to security of data. Auditors
use these standards to audit a data center. It is the most
common and respected standard and consists of many pages of
requirements and standards that those protecting data are
required to follow. It is considered the industry standard.
REPRESENTATIVE GRUENBERG thanked Mr. Linbeck and Representative
Keller for their testimony.
8:25:10 AM
SENATOR PETER MICCICHE, Alaska State Legislature, as prime
sponsor, expressed his support of SB 9 and its merits, and he
expressed his appreciation for the committee's improvements to
the proposed legislation as he believes the security of the
confidentiality of the records is extremely important,
especially as [Alaska] participates in a national database.
8:25:48 AM
REPRESENTATIVE STUTES asked for what purpose the information
going into the national database would be used.
SENATOR MICCICHE replied that the information actually doesn't
go into a national database. Alaska's information would be
processed using a national database to determine that the voter
rolls are secure and people are not registered elsewhere.
Alaska's information, however, would remain secure.
8:26:37 AM
MR. KOPP reiterated that this database is state-led, state-
organized, and state-controlled; there is no link with any
federal or national database.
8:27:06 AM
CHAIR LYNN, after ascertaining no one wished to testify, closed
public testimony on CSSB 9.
8:27:16 AM
REPRESENTATIVE KELLER moved to report CSSB 9, Version 29-
LS0244\N, Bullard, 2/1/16, out of committee with individual
recommendations and the accompanying fiscal notes. There being
no objection, CSSB 9(STA) was reported from the House State
Affairs Standing Committee.
8:28:03 AM
The committee took an at-ease from 8:28 a.m. to 8:30 a.m.
HB 243-CRIM. CONV. OVERTURNED: RECEIVE PAST PFD
8:30:32 AM
CHAIR LYNN announced that the final order of business would be
HOUSE BILL NO. 243, "An Act relating to the permanent fund
dividend; and relating to a permanent fund dividend for an
individual whose conviction has been vacated, reversed, or
dismissed or for an individual who has been pardoned because of
innocence and wrongful conviction."
[CHAIR LYNN passed the gavel to Vice Chair Keller.]
8:31:05 AM
REPRESENTATIVE STUTES moved to adopt the proposed committee
substitute (CS) for HB 243, Version 29-LS1279\F, Martin,
1/29/16, as a work draft.
REPRESENTATIVE GRUENBERG objected for discussion. He then
withdrew the objection. [There being no further objection,
Version F was before the committee as a work draft.]
CHAIR LYNN, as prime sponsor, expressed the importance of HB 243
and asked staff to present the bill.
8:32:21 AM
DENEEN TUCK, Staff, Representative Bob Lynn, Alaska State
Legislature, presented HB 243 on behalf of Representative Lynn,
prime sponsor. She explained that the only change to HB 243 in
Version F was modification to the title. As background to the
proposed legislation, Ms. Tuck relayed that when "the Fairbanks
Four" were released, Chair Lynn noticed an injustice on the
books. There was no follow up for an Alaskan convicted of a
felony, if the conviction was overturned, for recourse in filing
for the permanent fund dividend (PFD). This proposed
legislation allows all Alaskans, who have experienced that
injustice, to apply for the PFD.
REPRESENTATIVE GRUENBERG said that at the last hearing, a number
of issues were raised, and after talking to Mr. Burnett [Deputy
Commissioner, Department of Revenue (DOR)], he was able to have
many of his questions answered. He repeated a question asked by
Representative Talerico [during the previous bill hearing on
1/26/16], regarding how the proposed legislation addresses a
situation in which a person convicted of multiple offenses has
only one [conviction] reversed.
8:34:49 AM
MS. TUCK stated that in the committee packet is a memorandum
("memo") from Legislative Legal and Research Services dated
January 29, 2016, and that question is addressed on page 2 of
the memo where it is labeled question number 3.
8:35:09 AM
The committee took an at-ease from 8:35 a.m. to 8:37 a.m. to
review the memo.
8:37:24 AM
REPRESENTATIVE KELLER observed that the memo answered the five
questions posed at the last meeting.
8:37:55 AM
REPRESENTATIVE GRUENBERG expressed his appreciation for these
answers and acknowledged Ms. Tuck's observation.
REPRESENTATIVE GRUENBERG referred to the last sentence of the
answer to question 4 in the memo, which read as follows: "If a
person receives a dividend after being released, that dividend
is subject to garnishment." He asserted his concern that there
is nothing to entice the obligor to apply for a PFD if it will
be taken for taxes and child support. He asked what can be done
so that the needy parent can get that "back child support."
8:40:59 AM
SARA RACE, Director, Permanent Fund Dividend Division,
Department of Revenue (DOR), replied that [this situation] would
be similar to any other garnishment type. She maintained that
because the PFD is a voluntary program, the way in which the
division explains it to individuals is that [the garnishment] is
an amount of money that is going toward a debt that they owe.
REPRESENTATIVE GRUENBERG asked if there was any mechanism in
state law to allow the Child Support Enforcement Division (CSED)
or another entity to be subrogated to the obligor's right to get
the dividend and allow [CSED] to apply through an agency or
another method.
MS. RACE asked Representative Gruenberg if he was asking if the
Child Support Division could require that the individual file
for the dividend so that the funds would be available for child
support.
REPRESENTATIVE GRUENBERG replied either that [scenario] or some
mechanism that would allow the CSED to apply on behalf of the
recalcitrant obligor.
MS. RACE responded that she was not aware of any such provision
but could check into it.
8:42:31 AM
REPRESENTATIVE KELLER offered that [the issue] was outside the
scope of the proposed legislation and may require different
legislation.
REPRESENTATIVE GRUENBERG referred to page 1, lines 10-13, of
Version F, reading, "if the individual's conviction is vacated
or reversed, and (1) the charges on which the conviction was
based are later dismissed; or (2) the individual is retried and
found not guilty." In stating his question, regarding the final
disposition of the case, Representative Gruenberg said he
realized he had answered his own question.
8:44:34 AM
REPRESENTATIVE GRUENBERG paraphrased the last paragraph of the
proposed legislation under "transition" which states that
notwithstanding the normal time limit for applying for a
dividend, an individual who is eligible under the proposed
legislation must apply for a dividend not later than 120 days
after the effective date of the Act. He contended that it is
clear to him that the intent is to allow people to apply
regardless of when they were exonerated or when they died.
However, he added that the answer to question 2 in the memo says
another provision of the law might bar them from doing that: "If
a person dies after the time limit has already passed, [the 120
day time limit under AS 43.23.005(j)], the estate would not be
able to apply for the dividends." He alleged that this relates
to HB 243, from page 1, line 14, to the top of page 2. He asked
Ms. Race if the proposed legislation eliminates the right of
certain estates of people who had been wrongly convicted to
apply for the dividend.
MS. RACE explained that with a regular estate application, there
a limit of one year from the time of death for the estate
representative to be able to apply. She further stated that
"this [provision] would be somewhat extending that time period
if the person passed within the year and 120 days."
8:49:07 AM
HILARY MARTIN, Attorney at Law, Legislative Legal and Research
Services, Legislative Affairs Agency, responded that the 120-day
time limit in the memo refers to both people under Section one
of the bill - those whose conviction gets overturned after the
effective date of the act and anyone who's conviction was
overturned years ago - and under HB 243 they would have 120 days
after the effective date to apply. In either situation the
estate would have 120 days, just the same as a person who was
not deceased.
8:49:47 AM
REPRESENTATIVE GRUENBERG focused on the people whose convictions
were overturned prior to the effective date of the bill, and he
asked if in these cases where the estates would have been closed
some time ago there was a mechanism by which these estates can
be reopened to allow them to receive these dividends.
MS. MARTIN admitted that she is not well-versed in estates and
probate, but said she knows that the provision in Section 3
gives an additional 120 days to apply for anyone whose
conviction was before the effective date of the Act.
REPRESENTATIVE GRUENBERG opined that this could involve a
substantial amount of money for a small estate, especially if
child support is involved. He asked if a closed estate could be
reopened to allow an application under the bill. He affirmed
that he did not want to hold up the bill, but offered that this
was something that could have a real effect.
8:51:55 AM
VICE CHAIR KELLER said he thinks that this issue is beyond this
proposed legislation and an additive thing, and he would like to
press on.
REPRESENTATIVE GRUENBERG advised that this constitutes a policy
decision, and he recommended the committee be aware of making
that policy decision in case the issue comes up in the future.
VICE CHAIR KELLER expressed his appreciation for Representative
Gruenberg's comments and putting them on the record.
8:52:54 AM
VICE CHAIR KELLER, after ascertaining no one wished to testify,
closed public testimony on HB 243.
8:53:41 AM
The committee took an at-ease from 8:53 a.m. to 8:54 a.m.
8:54:37 AM
REPRESENTATIVE GRUENBERG asked Vice Chair Keller if Nancy Meade
could go on record to respond to his previous questions.
VICE CHAIR KELLER reopened public testimony on HB 243.
REPRESENTATIVE GRUENBERG restated his question.
8:55:35 AM
MS. MEADE, Administrative Staff, Office of the Administrative
Director, Alaska Court System, responded that she, too, was not
well versed in probate law; therefore, her response wouldn't be
definitive. She said that she sees no barrier to someone
applying for a PFD on a deceased person's behalf, and HB 243
would give the person [applying], and therefore the estate, the
right to collect the PFD. She stated her assumption that the
[Permanent Fund Dividend] would accept an application from
somebody on behalf of a deceased individual.
REPRESENTATIVE GRUENBERG clarified that his question was not
whether the PFD application would be accepted but whether there
is a mechanism for reopening a closed estate.
8:57:12 AM
MS. MEADE replied that she did not have a definitive answer to
the question.
VICE CHAIR KELLER closed public testimony on HB 243.
REPRESENTATIVE KREISS-TOMKINS said he liked the proposed
legislation.
8:57:43 AM
REPRESENTATIVE STUTES moved to report CSHB 243, Version 29-
LS1279\F, Martin, 1/29/16, out of committee with individual
recommendations and the accompanying fiscal notes. There being
no objection, CSHB 243(STA) was reported out of the House State
Affairs Standing Committee.
8:59:02 AM
The committee took a brief at-ease at 8:59 a.m., during which
time Vice Chair Keller returned the gavel to Chair Lynn.
8:59:35 AM
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 9:00
a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| 13 HB217 Updated fiscalNote Motor Vehicles.php.pdf |
HSTA 2/2/2016 8:00:00 AM |
HB 217 |
| 8 HB 243 F version.pdf |
HSTA 2/2/2016 8:00:00 AM |
HB 243 |
| 9 HB 243 Explanation of Changes v.G to F.pdf |
HSTA 2/2/2016 8:00:00 AM |
HB 243 |
| 10 HB243 Legal Memo - Hillary Martin 1-29-2016.pdf |
HSTA 2/2/2016 8:00:00 AM |
HB 243 |
| 15 SB9 v.N Blank CS.pdf |
HSTA 2/2/2016 8:00:00 AM |
SB 9 |
| 11 HB243 Fiscal Note DOR PFD.pdf |
HSTA 2/2/2016 8:00:00 AM |
HB 243 |