Legislature(2011 - 2012)SENATE FINANCE 532
04/02/2012 09:00 AM Senate FINANCE
| Audio | Topic |
|---|---|
| Start | |
| SB100 | |
| SB159 | |
| SB151 | |
| SB226 | |
| SB179 | |
| SB210 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 100 | TELECONFERENCED | |
| + | SB 159 | TELECONFERENCED | |
| + | SB 151 | TELECONFERENCED | |
| *+ | SB 226 | TELECONFERENCED | |
| + | SB 179 | TELECONFERENCED | |
| + | SB 210 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| + | SB 221 | TELECONFERENCED | |
| *+ | SCR 24 | TELECONFERENCED | |
| += | SB 192 | TELECONFERENCED | |
SENATE FINANCE COMMITTEE
April 2, 2012
9:04 a.m.
9:04:13 AM
CALL TO ORDER
Co-Chair Stedman called the Senate Finance Committee
meeting to order at 9:04 a.m.
MEMBERS PRESENT
Senator Lyman Hoffman, Co-Chair
Senator Bert Stedman, Co-Chair
Senator Lesil McGuire, Vice-Chair
Senator Johnny Ellis
Senator Dennis Egan
Senator Donny Olson
Senator Joe Thomas
MEMBERS ABSENT
None
ALSO PRESENT
Senator Joe Paskvan; Michael Barnhill, Deputy Commissioner,
Department of Administration; Kathie Wasserman, Alaska
Municipal League, Juneau; Senator Linda Menard; Chris
Maisch, Director, Division of Forestry, Juneau; Senator
Kevin Meyer; Annie Carpeneti, Criminal Division, Department
of Law (DOL); Kate Burkhart, Member, Advisory Board on
Alcoholism and Drug Abuse, Juneau; David Scott, Staff,
Senator Donnie Olsen; Doug Wooliver, Deputy Administrative
Director, Alaska Court System; Senator Betty Davis; Celeste
Hodge, Staff, Senator Betty Davis; Denise Doniello,
Executive Director, Alaska Commission on Aging, Juneau;
Marie Darlin, American Association of Retired Persons,
Juneau; Annie Carpeneti, Assistant Attorney General, Legal
Services Section-Juneau, Criminal Division, Department of
Law; Dr. Cathy Baldwin-Johnson, Alaska Children's Justice
Task Force, Anchorage; Cathy Lee, Deputy Director, Division
of Retirement and Benefits
PRESENT VIA TELECONFERENCE
Dorothy Leake, Self, City of Anderson; Sallie Stuvek, Human
Resource Manager, Fairbanks North Star Borough, Fairbanks;
Doug Griffin, City of Palmer, Palmer; Lisa Vaughn,
Accountant, North Pole; Jennifer Johnston, Member,
Anchorage Assembly, Anchorage; Owen Graham, Executive
Director, Alaska Forest Association, Ketchikan; Rick
Rogers, Executive Director, Resource Development Council,
Anchorage; Trish Smith, Volunteers of America, Anchorage;
Deb Evensen, Director, Fetal Alcohol Consultation Training
Services, Homer; Denise Michels, Mayor, City of Nome, Nome;
Patrick Cunningham, Associate Professor, Social Work,
University of Alaska, Anchorage; Heidi Williamson,
Associate State Affairs Director, Alzheimer's Association,
Washington, D.C.; Mike O'Hare, Deputy Director, Homeland
Security and Emergency Management, Department of Military
and Veterans Affairs, Fort Richardson
SUMMARY
SB 100 PERS Termination Costs
SB 100 was HEARD and HELD in Committee for
further consideration.
SB 159 Susitna State Forest
SB 159 was HEARD and HELD in Committee for
further consideration.
SB 151 Fetal Alcohol Spec. Disorder as Mitigator
SB 151 was HEARD and HELD in Committee for
further consideration.
SB 226 Purchase & Lease of Nome Office Building
SB 226 was HEARD and HELD in Committee for
further consideration.
SB 179 Missing Vulnerable Adult Response Plan
SB 179 was HEARD and HELD in Committee for
further consideration.
SB 210 Crimes Against Children
SB 210 was HEARD and HELD in Committee for
further consideration.
SENATE BILL NO. 100
"An Act relating to employer contributions to the
Public Employees' Retirement System of Alaska;
relating to requirements that employers who terminate
some or all participation in the Public Employees'
Retirement System of Alaska pay termination costs; and
making the changes retroactive."
9:05:29 AM
SENATOR JOE PASKVAN, introduced SB 100. He referred to the
Sponsor Statement for SB 100 (copy on file).
Senate Bill 100 addresses the future financial
stability of all PERS employers - the State
municipalities, school districts and the University of
Alaska - and their ability to efficiently and
effectively manage the delivery of programs and
services.
Due to a variety of historical circumstances and
decisions, the Public Employees' Retirement System
(PERS) defined benefit system evolved from being fully
funded to being underfunded by billions of dollars. A
solution embraced by all parties to address the
unfunded liability was incorporated into Senate Bill
125 and was passed by the legislature in 2008. SB 125
set into law that the PERS system is a consolidated
system and that the combined defined benefit (DB) and
defined contribution (DC) salary base would be
required to pay down the unfunded obligation, which in
turn would provide for sustainable, predictable and
affordable employer rates.
Paying off the unfunded obligation is predicated upon
a stable, reasonably growing, system-wide salary base.
A concern at the time SB 125 was adopted was that
employers might en-masse elect to convert PERS
salaried positions to contracted positions to reduce
or avoid their PERS cost, thus shrinking the PERS
salary base needed to pay off the unfunded obligation.
To address this concern, it was agreed that employers
would pay the greater of 22 percent on their combined
DB and DC salary base, or, 22 percent on their total
payroll for the period ending 6/30/2008. This
effectively set the minimum contribution, or floor,
that an employer would pay once PERS converted to a
consolidated system.
Additional language relating to termination studies
was added at the time to prevent employers from
intentionally reducing their fair share contribution
toward paying off the unfunded obligation. The
application of the termination studies law is the
cause for concern and the introduction of SB 100.
Current law requires an employer who terminates
participation of a department, group, or other
classification of employees to pay the following
bills:
1. the cost associated with obtaining a
termination study from the PERS actuary;
2. the actuarial cost to the employer for future
benefits due employees whose coverage is
terminated; and
3. the past service cost, annually, on each
position terminated until the unfunded obligation
is paid off decades from now.
Enforcement of the termination studies law is making
it difficult for employers to manage their delivery of
services, discriminates against small municipalities
even thought their impact is immaterial, and is costly
and nearly impossible to implement in an equitable
manner. These mandated termination studies fail to
recognize that we do not have a single-agent, multiple
employer system in which different employers pay
different net rates. SB 125 provided for one
integrated system of accounting; the unfunded
obligation is to be shared among all employers, with
each paying a single, uniform contribution rate of 22
percent.
All agree that the unfunded obligation must be paid
off. All agree that the entire PERS salary base - both
DB and DC - is needed to pay off the unfunded
obligation, and that it must be sustained and have
reasonable growth. The fear that employers would actin
in a manner jeopardizing the payment of the unfunded
obligation has not materialized; in fact, the system-
wide salary base has grown steadily. The law providing
for termination studies is not needed and is repealed
through SB 100.
SB 100 maintains the 6/30/2008 floor as the base
salary amount upon which PERS payment must be
calculated as this is the most efficient, cost
effective and equitable method of ensuring the
unfunded obligation is paid off.
9:13:09 AM
Co-Chair Stedman noted the one fiscal impact note from the
Department of Administration (DOA).
MICHAEL BARNHILL, DEPUTY COMMISSIONER, DEPARTMENT OF
ADMINISTRATION, stated that DOA did not take an official
position on SB 100. Senate Bill 125 was passed in 2008, and
the salary floor provision in that bill was intended to
ensure a certain participation of political subdivisions
and payment of the existing unfunded liability. By capping
employer rates at 22 percent, SB 125 ensured that all
future unfunded liabilities would be the responsibility of
the general fund. The termination study issue ensured that
when employers create new unfunded liabilities as a result
of staffing changes, those employers bear those new
unfunded liabilities. He expressed concern about SB 100,
because the bill permitted cost-shifting when new unfunded
liabilities were created. The amounts at issue were
currently relatively small, but those amounts could grow
larger in the future. He relayed some discussions with the
bill sponsor and the Alaska Municipal League. He stated
that DOA recognized the concerns of the Alaska Municipal
League, particularly in the context of smaller employers.
Those small employers often wanted additional flexibility
in how their staff was handled.
Mr. Barnhill stated that DOA had offered the Alaska
Municipal League a compromise proposal. He stated that DOA
suggested the adoption of a 20 percent partial termination
rule: if there was a staffing change that would trigger a
termination under existing law, but impacted 20 percent or
less than the payroll over a specified period of time, no
termination study would be triggered. He felt that the
partial termination rule would particularly help the
smaller municipalities. He remarked that under the 20
percent partial termination rule, there was a potential for
municipalities to create new unfunded liabilities that
would be cost-shifted to the state. He stated that DOA
suggested that the 22 percent cap be increased to account
for the projected new unfunded liabilities that would be
created. This way, the State would be protected from the
creation of any new unfunded liability by a political
subdivision that wanted to take advantage of the 20 percent
partial termination rule.
9:17:26 AM
Co-Chair Stedman surmised that if SB 100 were amended to
include a 20 percent partial termination rule, DOA would be
in favor of the bill. Mr. Barnhill replied that he could
declare that DOA would be in favor of the bill, but felt
that DOA would not oppose the bill.
Senator Thomas wondered if there would be a change to the
aggregation of the employees working for an employer, or
were employees tracked individually based on who they work
for, length of service, and hours worked. Mr. Barnhill did
not know to what extent individual employees were tracked.
CATHY LEE, DEPUTY DIRECTOR, DIVISION OF RETIREMENT AND
BENEFITS, stated that individual employees were tracked by
their service hours, salaries, and by employer. This
information was transmitted to the actuary in order to
evaluate the system.
KATHIE WASSERMAN, ALASKA MUNICIPAL LEAGUE, JUNEAU,
testified in support of SB 100. She stressed that the small
communities were taking the brunt of this expense. The
larger employers could layoff or lose 20 employees, but if
they kept just one employee, the larger employers would not
need to pay into the system for that loss. Whereas, a small
community could have one person in that group, and when
that one person is terminated, the small community needs to
pay into that loss. She stressed that the larger employers
are impacting the system when the employees were laid off.
She agreed that there needed to be safeguards against
manipulating the system.
Co-Chair Stedman wondered if the Alaska Municipal League
had an opinion on the 20 percent termination rule. Ms.
Wasserman replied that she had not addressed the idea with
the board. She expressed concern regarding the increase to
20 percent, but stressed that there had been no negotiation
or discussion regarding the 20 percent termination rule.
9:22:51 AM
DOROTHY LEAKE, SELF, CITY OF ANDERSON (via teleconference),
spoke in support of SB 100. She explained that Anderson had
received a bill from the State Division of Retirement and
Benefits for $27,000 for falling below the 2008 salary
floor. She had spent the last two months trying to opt out
of the contract, because the City of Anderson had not had a
full-time employee since 2008. That one, former employee
had been paying into the Public Employees' Retirement
System (PERS) in their new job with the State. She stressed
that the City of Anderson did not have the money to pay for
full-time employees, so therefore could not pay the $27,000
owed to the Division of Retirement and Benefits.
SALLIE STUVEK, HUMAN RESOURCE MANAGER, FAIRBANKS NORTH STAR
BOROUGH, FAIRBANKS (via teleconference), testified in
support of SB 100. The Fairbanks North Star Borough was
concerned with the current application of the existing
statute in regards to the PERS termination studies. In its
current form, the termination study requirement impacted
all PERS-participating municipalities in a significant way.
It "ties the hands" of municipal governments to effectively
and efficiently manage their provided services.
DOUG GRIFFIN, CITY OF PALMER, PALMER (via teleconference),
testified in support of SB 100. He agreed with the previous
testifiers. He stated that the City of Palmer would
probably be considered a medium-sized community, but it had
faced some recent budget adjustments. The general fund was
reduced by 15 percent over the last two fiscal years, and
it was difficult for the City of Palmer to pay into the
unfunded liability.
9:28:30 AM
LISA VAUGHN, ACCOUNTANT, NORTH POLE (via teleconference),
testified in support of SB 100. Current practice placed an
unfair burden on small employers across the state, as many
of the departments and classifications in individual
municipalities only have one or two employees.
JENNIFER JOHNSTON, MEMBER, ANCHORAGE ASSEMBLY, ANCHORAGE
(via teleconference), testified in support of SB 100. She
stated that Anchorage was recently charged with a
termination study regarding the discontinued weatherization
grant program.
Co-Chair Stedman closed public testimony.
Senator Olson queried Senator Paskvan's position on the 20
percent partial termination study. Senator Paskvan replied
that it was a new proposal, but looked forward to more
discussions regarding this idea.
Senator Olson wondered if Senator Paskvan would be opposed
to an amendment. Senator Paskvan stressed that the proposal
was new, and would like to speak with the Alaska Municipal
League regarding the proposal's effect on smaller
communities.
Senator Paskvan stressed that the problem was an immediate
problem that needed to be resolved in a timely manner.
SB 100 was HEARD and HELD in committee for further
consideration.
SENATE BILL NO. 159
"An Act establishing the Susitna State Forest; and
providing for an effective date."
9:34:23 AM
SENATOR LINDA MENARD, introduced SB 159. She referred to
the Sponsor Statement (copy on file).
The Committee Substitute for Senate Bill 159 will
establish a new Susitna State Forest from state lands
presently used for timber harvest and exclude private
in-holdings from the proposed forest. Further, this CS
includes intent language that urges the governor to
work to acquire or purchase forest land in the Tongass
National Forest.
With a state forest designation, the Division of
Forestry will be able to manage for a long-term supply
of timber to local processors, and retain the land in
state ownership for multiple uses. The Susitna State
Forest would be the fourth state forest established in
Alaska, joining the Haines State Forest, the Tanana
Valley State Forest and the Southeast State Forest.
The proposed Susitna State Forest includes 33 parcels
totaling approximately 763,200 acres. The parcels are
Forestry classified lands located in 14 large
management blocks listed below. The Division of
Forestry worked with the Division of Mining, Land, and
Water Management to identify and exclude lands that
are priorities for the state land disposal program.
In the region where the State Forest is proposed,
timber sales and personal use sales for fuel wood are
growing steadily. Local mills depend on state timber
for their raw material supply, and there is a growing
interest in the use of wood in the form of round wood,
chips or wood pellets for both commercial and
residential space heating.
The state is committed to long-term management
solutions by:
-maximizing the sustainable supply of timber from the
state timber base;
-developing access and encouraging a broad range of
multiple uses on state forest lands including
motorized uses;
-providing economic opportunities to the communities,
businesses and residents of the region.
Legislatively designating a State Forest would ensure
that some land will remain available for long-term
forest management and the region will retain large
open spaces of public lands for the range of benefits
residents of the region currently enjoy. It will also
allow for mining on state forest land.
The Susitna State Forest would be managed as part of
the State Forest System under AS 41.17.200-.230. Lands
in the State Forest would continue to be open for
multiple uses, including wildlife habitat and harvest
and recreational activities.
Senator Menard stated that the current version of the bill
provided exclusions for the private land within the
proposed boundaries of the State Forests. She stated that
there was work with the Division of Forestry and the
Division of Land Water and Mining to locate and designate
the exclusions. The exclusions had been precisely examined
for accuracy. The current version also added intent
language on page 31 that urged the governor to acquire or
purchase land from the Tongass National Forest. From a
fiscal standpoint, the Division of Forestry would not
require new positions to administer the State Forests. She
remarked that the fiscal note from the Division of Forestry
displayed no negative financial impact to the State.
Co-Chair Stedman pointed out the one zero fiscal note from
the Department of Natural Resources (DNR).
Senator Thomas surmised that the new designation did not
change any existing uses of the land, but only enhanced the
forestry aspect. Senator Menard agreed with Senator
Thomas's estimation.
9:40:22 AM
Senator Olson wondered if there was input from any local
property areas in the proposed area. Senator Menard replied
that she had not heard any opposition from nearby property
owners.
Senator Olson wondered if the local people knew of the
proposal. He specifically wondered if property owners who
were currently harvesting wood for personal use would still
be able to obtain wood in that manner. Senator Menard
replied that property owners would still be able to harvest
the wood, as long as the property owner had a permit.
CHRIS MAISCH, DIRECTOR, DIVISION OF FORESTRY, JUNEAU,
emphasized that the state forest lands were managed under
the State Forests, Resources, and Practices Act, which was
primarily designed to protect fish habitat and water
quality. A recent forest inventory was completed on the
proposed area, as required by statute, and that information
was available on the State's Division of Forestry website.
He emphasized that the designation would not change any
current activities that were allowed in state forests, and
furthered that, over time, many of those activities would
be enhanced. He stressed that there was a requirement to
develop access to the proposed state forest, which would be
the result of many meetings.
9:45:49 AM
OWEN GRAHAM, EXECUTIVE DIRECTOR, ALASKA FOREST ASSOCIATION,
KETCHIKAN (via teleconference), testified in support of SB
159. He felt that the land could be used for a much
improved timber supply for the local mills. He remarked
that the Alaska Forest Association member owned a small
mill that had been idle for the recent years. He relayed a
similar problem in Southeast Alaska, because the federal
government controlled more than 90 percent of the timber
supply in Southeast. He stressed that when the federal
government "took away" the timber supply, 85 percent of
timber employment was lost.
RICK ROGERS, EXECUTIVE DIRECTOR, RESOURCE DEVELOPMENT
COUNCIL, ANCHORAGE (via teleconference), voiced support of
SB 159. He felt that the proposed state forest would
provide a much needed benefit to the local economy; and
create and sustain much needed jobs in the forest products
industry. He also voiced support of the amendment to the
bill, which helped address the critical timber supply
issues in Southeast Alaska.
Senator Thomas noted the wide variety of letters from
various organizations. He wondered if there was a letter
from the "National Marmot Association."
Senator Menard urged support of SB 159.
SB 159 was HEARD and HELD in committee for further
consideration.
SENATE BILL NO. 151
"An Act relating to mitigation at sentencing in a
criminal case for a defendant found by the court to
have been affected by a fetal alcohol spectrum
disorder."
9:51:32 AM
SENATOR KEVIN MEYER, introduced SB 151. He referred to the
Sponsor Statement (copy on file).
SB 151 would include Fetal Alcohol Spectrum Disorders
(FASD) as a mitigating factor in sentencing. This
would allow some flexibility in sentencing if the
defendant is found by the court to be affected by FASD
and this condition substantially impaired the
defendant's judgment, behavior, and capacity to
recognize reality or ability to cope with the ordinary
demands of life.
Individuals diagnosed with a fetal alcohol spectrum
disorder (FASD) are disproportionately represented
within Alaska's criminal justice system. SB 151 does
not require a judge to use the mitigating factor and
it DOES NOT automatically adjust a presumptive
sentence. The defense would have to provide clear and
convincing evidence that the defendant's disability
significantly affected the defendant's conduct and
substantially impaired judgment, behavior, and
capacity to recognize reality in order to apply the
mitigating factor.
Evidence shows that directing people with mental
illness and other brain disorders to supported
services, both inside and outside of Corrections,
significantly reduces the high financial and social
costs associated with re-incarceration and recidivism.
Felons and repeat offenders with FASD are more likely
to stop committing crimes when they are given the same
supports that benefit people with mental illness and
other disabilities, which can include Therapeutic
Court, housing and employment assistance, case
management, counseling and rehabilitation.
Co-Chair Stedman noted the three zero fiscal notes from the
Department of Corrections (DOC), DOA, and the Alaska Court
System. He also pointed out the indeterminate fiscal note
from the Department of Law (DOL).
ANNIE CARPENETI, CRIMINAL DIVISION, DEPARTMENT OF LAW
(DOL), testified that the reason the fiscal note from DOL
was considered indeterminate was because in order to apply
the mitigating factor, it would allow the court to reduce
the sentence to 50 percent below the range or reduce the
sentence to zero. She expressed concern for the bill,
because it was not easy or inexpensive to diagnose the
illness. She stressed that individuals were required to
prove by clear and convincing evidence that they suffered
from the disease, but if the prosecution disagreed with
that position, the prosecution would be required to provide
evidence and testimony in the contrary. She stressed that
the sentencing hearings in this area would probably be
longer and more expensive, because of the testimony and
evidence that would need to be adduced at sentencing.
9:56:45 AM
KATE BURKHART, MEMBER, ADVISORY BOARD ON ALCOHOLISM AND
DRUG ABUSE, JUNEAU, testified in support of SB 151. She
noted that the cost of intensive mitigating case management
was approximately $50 a day, and incarceration was about
$150 a day. He felt that this bill was a result of a long
and thoughtful collaboration, and would save the State
money.
TRISH SMITH, VOLUNTEERS OF AMERICA, ANCHORAGE (via
teleconference), spoke in support of SB 151. She hoped that
it would be very beneficial to those affected by FASD.
DEB EVENSEN, DIRECTOR, FETAL ALCOHOL CONSULTATION TRAINING
SERVICES, HOMER (via teleconference), testified in support
of SB 151. She felt that the bill would save the State
money and help the recidivism rate.
Senator Meyer stated that he had received a note from Judge
Jeffrey that expressed support of SB 151. He stressed that
the program fit into the Smart Justice Program, and
appreciated the support of the committee.
SB 151 was HEARD and HELD in committee for further
consideration.
SENATE BILL NO. 226
"An Act relating to the purchase by the Alaska Housing
Finance Corporation of an office building in Nome;
approving the issuance of bonds for the purchase of
the office building; providing notice of, and
authorizing the commissioner of administration to
enter into, a lease-purchase agreement with the Alaska
Housing Finance Corporation for the office building;
and providing for an effective date."
10:02:17 AM
Co-Chair Hoffman MOVED to ADOPT the proposed committee
substitute for SB 226, Work Draft 27-LS1448\B (Bannister
3/30/12). Co-Chair Stedman OBJECTED for purpose of
discussion.
Senator Olson stated that SB 226 addressed the immediate
need for a state office space in Nome. This was first
recognized in 2008. Due to the current seriousness of the
need, the governor had proposed $10 million to continue the
process. However, the momentum had stalled because of the
question of the location and square footage of the
building.
DAVID SCOTT, STAFF, SENATOR DONNIE OLSEN, stated that the
bill directed the Alaska Housing Corporation (AHFC) to
finance, with bond proceeds, the purchase of a state office
building in Nome. It also directed DOA to enter into a
lease-purchase agreement with AHFC for the building. The
Nome State Office Building was built in 1974, and there
were numerous engineering reports from as far back as 1994
noting corrosion damage to the southern side of the
building. In 1997, there was a subsequent engineering
report, which pointed out structural integrity issues with
corrosion of the steel columns.
Co-Chair Stedman REMOVED his OBJECTION. There being NO
further OBJECTION, Work Draft 27-LS1448\B was ADOPTED.
Mr. Scott stated that the mechanical systems in the Nome
State Office Building were part of the original, 1974
system.
10:05:04 AM
Co-Chair Stedman pointed out one fiscal note from DOA in
the amount of $3.310 million for the operating cost of a
new building; and one fiscal note from the Department of
Revenue (DOR) on behalf of AHFC in the amount $2.927
million for the annual rental obligation and AHFC
administrative costs.
DOUG WOOLIVER, DEPUTY ADMINISTRATIVE DIRECTOR, ALASKA COURT
SYSTEM, testified in support of SB 226 and explained that
the courthouse in Nome was old and inadequate. He stated
that the Court System was interested in being part of a
joint state office building in Nome, and that this bill
would provide that opportunity.
Senator Olson clarified that the State currently leased a
court space in the existing federal building in Nome that
was built in the 1940s.
DENISE MICHELS, MAYOR, CITY OF NOME, NOME (via
teleconference), expressed support of SB 226. She felt that
the current state office building was deteriorating
rapidly. She stressed the need for increased space, and the
need for meeting the current security and technology
standards. She stressed that the location desired by the
City of Nome was on the north side of Front Street, out of
the flood zone. She declared that the location proposal was
"in line" with the city's comp plan, and was supported by
resolution from the Nome Chamber of Commerce. The proposed
location would continue to provide effective delivery of
services.
Senator Olson pointed out that the legislation was
patterned after the government relationship outlined SB
317, which was the expeditious building of the Anchorage
Parking Garage.
SB 226 was HEARD and HELD in committee for further
consideration.
SENATE BILL NO. 179
"An Act relating to missing vulnerable adult prompt
response and notification plans."
SENATOR BETTY DAVIS, introduced herself.
10:10:23 AM
CELESTE HODGE, STAFF, SENATOR BETTY DAVIS, introduced SB
179. She explained the SB 179 created a new statewide alert
system to help find vulnerable, missing adults. The system,
which was similar to the nationwide Amber Alert program,
would help local law enforcement notify the public when a
mentally or physically impaired Alaskan goes missing.
Alaska had the fastest growing senior population in the
nation, and could not afford to ignore the problem.
According to the Alaska Commission on Aging, there were
approximately 7,785 Alaskans suffering from Alzheimer's
disease and related dementia in 2010. That number was
expected to grow to more than 17,000 by 2030. In Fairbanks,
a 63-year-old woman who was suffering from Alzheimer's
disease froze to death after she became disoriented while
driving. She ran out of gas, and tried walking several
miles to seek help. This incident, and several others like
it, demonstrated the need for an alert system to assist in
the search for missing vulnerable adults. When a vulnerable
adult goes missing, his or her best chance of survival is
if someone finds them within 24 to 48 hours. The bill
called for the Department of Military and Veterans Affairs
(DMVA) to coordinate with the Department of Public Safety
(DPS) to create, and implement a prompt response and
notification plan that would use a voluntary network of
statewide and local news organizations to rapidly alert the
public that a vulnerable adult was missing. The bill also
called for both departments to establish standards on what
triggered an alert, and when a vulnerable adult was
officially considered missing. This legislation would
ensure the search for Alaska's most vulnerable citizens
happen promptly. Currently, there were 28 states that have
implemented or will implement a "silver alert" program,
which was an increase of 10 states since the last report.
Co-Chair Stedman noted the two zero fiscal notes from DPS
and DMVA.
DENISE DONIELLO, EXECUTIVE DIRECTOR, ALASKA COMMISSION ON
AGING, JUNEAU, testified in support of SB 179. She focused
her statement on the benefits of older Alaskans,
particularly those with Alzheimer's disease and related
dementia. Wandering was a significant personal and safety
problem for older Alaskans with dementia. According to the
Alzheimer's Association, approximately 60 percent of people
with dementia may wander at some point during the course of
their disease. Nearly one-half of those who wander, if they
are not found within 24 hours, can suffer great personal
injury. For an older person, who lives in an urbanized
area, with heavy motorized traffic conditions, getting lost
can have significant life and death consequences.
10:15:19 AM
MARIE DARLIN, AMERICAN ASSOCIATION OF RETIRED PERSONS,
JUNEAU, spoke in support of SB 179. She agreed with
previous testimony. With more people living longer, the
proposed alert system would prove helpful in many ways. She
felt it was reasonable public policy.
PATRICK CUNNINGHAM, ASSOCIATE PROFESSOR, SOCIAL WORK,
UNIVERSITY OF ALASKA, ANCHORAGE (via teleconference),
testified in support of SB 179. He felt that the proposed
system would add to the growing list of services for
vulnerable adults and their families.
HEIDI WILLIAMSON, ASSOCIATE STATE AFFAIRS DIRECTOR,
ALZHEIMER'S ASSOCIATION, WASHINGTON, D.C. (via
teleconference), testified in support of SB 179.
MIKE O'HARE, DEPUTY DIRECTOR, HOMELAND SECURITY AND
EMERGENCY MANAGEMENT, DEPARTMENT OF MILITARY AND VETERANS
AFFAIRS, FORT RICHARDSON (via teleconference), testified in
support of SB 179. She stressed that the first 24 hours
that a vulnerable adult goes missing was highly critical.
She stressed that it was not the disease that threatened
the individuals in the first 24 hours, but the
environmental factors and dangers within the community.
Most people who wander were found within a 1.5 miles of
their home, so she recognized the need for a comprehensive
support system.
SB 179 was HEARD and HELD in Committee for further
consideration.
SENATE BILL NO. 210
"An Act relating to crimes against children;
establishing a new aggravating factor at sentencing in
certain crimes against children; relating to criminal
nonsupport; adding to the list of crimes against
children that bar the Department of Public Safety from
issuing to a person a license to drive a school bus;
adding an exception to a provision that requires the
Department of Health and Social Services to make
timely, reasonable efforts to provide family support
services to prevent out-of-home placement of a child;
and providing for an effective date."
10:20:39 AM
Senator McGuire introduced SB 210. She referred to the
Sponsor Statement (copy on file).
On February 8, 2012 the Children's Justice Task Force
(CJA) a federally-mandated, state-wide
multidisciplinary group presented their findings to
the Joint Senate Judiciary and HESS Committees with
their system recommendations for improvement through
criminal legislation. I became aware through this
presentation, research, and other important
conversations that we have shortcomings in the current
criminal laws regarding the prosecution of harm to
children.
Those that suffer from these short comings are
Alaska's children and the numbers are staggering. In
2008, approximately 12,400 children were likely
victims of at least one incident of maltreatment,
which breaks down to 34 children per day. In the
instance of a child death, 1 out of every 5 was
related to maltreatment.
SB 210 works with the recommendations from CJA to
create tougher penalties on crimes committed against a
child. The bill will create increased criminal
liability for assaults to children by modifying the
current definition of "serious physical injury" and
increases penalties when a parent intentionally
withholds adequate food or liquids.
Together, the Legislature can assist our future
generations by providing them with laws that protect
their rights and create safer communities for their
growth and development.
Co-Chair Stedman noted three fiscal notes from DOA; one
zero fiscal note from the Division of Motor Vehicles; two
indeterminate fiscal notes from the Office of Public
Advocacy and Public Defenders Agency; one zero fiscal note
from DPS; and three indeterminate fiscal notes from DOL,
DOC, and the Alaska Court System.
ANNIE CARPENETI, ASSISTANT ATTORNEY GENERAL, LEGAL SERVICES
SECTION-JUNEAU, CRIMINAL DIVISION, DEPARTMENT OF LAW,
stated that the additional paragraph to the definition of
"serious physical injury", which had been in statute since
1978, was in addition to the other provisions.
10:26:09 AM
DR. CATHY BALDWIN-JOHNSON, ALASKA CHILDREN'S JUSTICE TASK
FORCE, ANCHORAGE, testified in support of SB 210. She
stated that the Children's Justice Task Force was charged
with evaluating how the state system responds to concerns
about child abuse, and made recommendations to improve the
system. She remarked that the current serious injury
physical injury definition for felony prosecution required
"risk of death" or "serious and protracted disfigurement";
"multiple episodes" or "need for medical diagnoses or
treatment." She felt that many children's cases fell
through the cracks under that definition, because often
serious harms to children were not prosecuted as felonies.
She stressed that children have an incredible capacity for
high trauma and healing. Those children may require an
extensive trauma evaluation, but not actual medical
treatment, because an infant or toddler cannot verbalize
the abuse. She added that there should be more than a
misdemeanor charge for those that intentionally starve
children.
Co-Chair Hoffman wondered what the age issues were
regarding sexual abuse. Ms. Carpeneti replied that the bill
addressed physical abuse. She furthered that sexual abuse
of a minor was adequately dealt with in another chapter of
the statute.
Senator McGuire invited amendments from the committee
members.
SB 210 was HEARD and HELD in committee for further
consideration.
Co-Chair Stedman discussed the afternoon's agenda. He
remarked that a committee substitute was currently getting
drafted from SB 192.
ADJOURNMENT
10:31:57 AM
The meeting was adjourned at 10:31 AM.