Legislature(2015 - 2016)SENATE FINANCE 532

04/04/2016 01:30 PM FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled: TELECONFERENCED
+= SB 91 OMNIBUS CRIM LAW & PROCEDURE; CORRECTIONS TELECONFERENCED
Heard & Held
+= SB 145 DAY CARE ASSISTANCE & CHILD CARE GRANTS TELECONFERENCED
Moved CSSB 145(FIN) Out of Committee
+= SB 207 TEACHERS RETIRE. EMPLOYER CONTRIBUTIONS TELECONFERENCED
<Bill Hearing Canceled>
+= SB 208 ELIMINATE AK PERFORMANCE SCHOLARSHIP TELECONFERENCED
<Bill Hearing Canceled>
+= SB 209 PERS EMPLOYER CONTRIBUTIONS TELECONFERENCED
<Bill Hearing Canceled>
+= SB 210 COMM. REV. SHARING;PROP. TAX EXEMPTIONS TELECONFERENCED
<Bill Hearing Canceled>
                 SENATE FINANCE COMMITTEE                                                                                       
                       April 4, 2016                                                                                            
                         1:41 p.m.                                                                                              
                                                                                                                                
1:41:55 PM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair MacKinnon called the Senate Finance Committee                                                                          
meeting to order at 1:41 p.m.                                                                                                   
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Anna MacKinnon, Co-Chair                                                                                                
Senator Pete Kelly, Co-Chair                                                                                                    
Senator Peter Micciche, Vice-Chair                                                                                              
Senator Mike Dunleavy                                                                                                           
Senator Lyman Hoffman                                                                                                           
Senator Donny Olson                                                                                                             
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Click Bishop                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Jordan  Schilling,  Staff,   Senator  John  Coghill;  Amanda                                                                    
Ryder,  Analyst,   Legislative  Finance   Division;  Shawnda                                                                    
O'Brien,  Division  of   Public  Assistance,  Department  of                                                                    
Health and Social Services.                                                                                                     
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
SB 91     OMNIBUS CRIM LAW and PROCEDURE; CORRECTIONS                                                                           
                                                                                                                                
          SB 91 was HEARD and HELD in committee for further                                                                     
          consideration.                                                                                                        
                                                                                                                                
SB 145    DAY CARE ASSISTANCE and CHILD CARE GRANTS                                                                             
                                                                                                                                
          CSSB 145(FIN)  was REPORTED out of  committee with                                                                    
          "no recommendation" and  with previously published                                                                    
          zero  fiscal  note:   FN  2(REV);  and  previously                                                                    
         published fiscal impact note: FN 3 (DHS).                                                                              
                                                                                                                                
SENATE BILL NO. 91                                                                                                            
                                                                                                                                
     "An  Act relating  to  protective  orders; relating  to                                                                    
     conditions  of  release;  relating  to  community  work                                                                    
     service;  relating  to  credit  toward  a  sentence  of                                                                    
     imprisonment  for  certain   persons  under  electronic                                                                    
     monitoring; relating  to the restoration  under certain                                                                    
     circumstances of  an administratively  revoked driver's                                                                    
     license, privilege  to drive, or privilege  to obtain a                                                                    
     license;   allowing  a   reduction  of   penalties  for                                                                    
     offenders    successfully   completing    court-ordered                                                                    
     treatment  programs for  persons  convicted of  driving                                                                    
     under  the  influence;  relating to  termination  of  a                                                                    
     revocation   of  a   driver's   license;  relating   to                                                                    
     restoration of a driver's  license; relating to credits                                                                    
     toward  a  sentence  of   imprisonment,  to  good  time                                                                    
     deductions,  and  to  providing for  earned  good  time                                                                    
     deductions    for    prisoners;   relating    to    the                                                                    
     disqualification  of   persons  convicted   of  certain                                                                    
     felony  drug offenses  from participation  in the  food                                                                    
     stamp  and temporary  assistance programs;  relating to                                                                    
     probation; relating to  mitigating factors; relating to                                                                    
     treatment  programs  for  prisoners;  relating  to  the                                                                    
     duties  of the  commissioner  of corrections;  amending                                                                    
     Rules   32  and   35(b),  Alaska   Rules  of   Criminal                                                                    
     Procedure; and providing for an effective date."                                                                           
                                                                                                                                
1:43:00 PM                                                                                                                    
                                                                                                                                
Vice-Chair Micciche MOVED to ADOPT Amendment 1, 29-                                                                             
LS0541\F.1, Martin/Gardner, 4/3/16 (copy on file):                                                                              
                                                                                                                                
     Page 22, line 15, through page 23, line 19:                                                                                
          Delete all material and insert:                                                                                       
                                                                                                                                
     "*Sec. 39. AS 12.25.180 is amended to read:                                                                                
          Sec. 12.25.180.  When peace officer  fil!!!! [MAY]                                                                    
          issue citation  or take  person before  the court.                                                                    
          (a) Except  when arrest is required  under another                                                                    
          provision of  law, a peace  officer shall  issue a                                                                    
          citation  when [WHEN]  a  peace  officer stops  or                                                                    
          contacts a person for the  commission of a class C                                                                    
          felony  offense, a  misdemeanor: or  the violation                                                                    
          of a  municipal ordinance  [, THE OFFICER  MAY, IN                                                                    
          THE OFFICER'S DISCRETION, ISSUE  A CITATION TO THE                                                                    
          PERSON]  instead0 of  taking the  person before  a                                                                    
          judge  or magistrate  under  AS 12.25.150,  except                                                                    
          the officer may arrest if [UNLESS]                                                                                    
                                                                                                                                
          (1)  the  person  does  not  furnish  satisfactory                                                                    
          evidence                                                                                                              
                                                                                                                                
          (2)  [THE CONTACTING  OFFICER REASONABLY  BELIEVES                                                                    
         THE PERSON IS A DANGER TO SELF OR OTHERS;                                                                              
                                                                                                                                
          (3)] the  crime for which the  person is contacted                                                                    
          is  one  involving  violence or  harm  to  another                                                                    
          person or to property;                                                                                                
                                                                                                                                
          (3)  the  peace  officer  has  probable  cause  to                                                                    
          believe  the person  committed a  crime of  escape                                                                    
          under AS 11.56.320  or 11.56.330, unlawful evasion                                                                    
          under AS 11.56.335  or 11.56.340, unlawful contact                                                                    
          under  AS   11.56.750,  or  possession   of  child                                                                    
          pornography under AS 11.61.127;                                                                                       
                                                                                                                                
          (4) the  person refuses  to accept service  of the                                                                    
          citation; or                                                                                                          
                                                                                                                                
          (5)  the peace  officer reasonably  believes there                                                                    
          is a  risk the  defendant will  fail to  appear in                                                                    
          court [(4)  THE PERSON ASKS  TO BE TAKEN  BEFORE A                                                                    
          JUDGE OR MAGISTRATE UNDER AS 12.25.150; OR                                                                            
                                                                                                                                
          (5)  THE  PEACE  OFFICER  HAS  PROBABLE  CAUSE  TO                                                                    
          BELIEVE THE  PERSON COMMITTED  A CRIME  INVOL YING                                                                    
          DOMESTIC  VIOLENCE;  IN   THIS  PARAGRAPH,  "CRIME                                                                    
          INVOLVING  DOMESTIC  VIOLENCE"   HAS  THE  MEANING                                                                    
          GIVEN IN AS 18.66.990].                                                                                               
                                                                                                                                
               (b) When a peace  officer stops or contacts a                                                                    
               person  for the  commission of  an infraction                                                                    
               or  a violation,  the officer  shall issue  a                                                                    
               citation instead of  taking the person before                                                                    
               a  judge or  magistrate  under AS  12.25.150,                                                                    
               except the officer may arrest if [UNLESS]                                                                        
                                                                                                                                
                    (1) the person does not furnish                                                                             
                    satisfactory evidence of identity; [OR]                                                                     
                                                                                                                                
                    (2) the person refuses to accept                                                                            
                    service of the citation; or                                                                                 
                                                                                                                                
                    (3) the peace officer has probable                                                                          
                    cause to believe the person has                                                                             
                    committed                                                                                                   
                                                                                                                                
                         (A) a violation of conditions of                                                                       
                         release under AS 11.56.757;                                                                            
                                                                                                                                
                         OR                                                                                                     
                                                                                                                                
                         (B) the offense of failure to                                                                          
                         appear under AS 11.56.730."                                                                            
                                                                                                                                
Co-Chair MacKinnon OBJECTED for DISCUSSION.                                                                                     
                                                                                                                                
1:43:17 PM                                                                                                                    
                                                                                                                                
JORDAN  SCHILLING, STAFF,  SENATOR  JOHN COGHILL,  explained                                                                    
Amendment  1. He  stated that  the commission  recommended a                                                                    
presumption  of  citation.  Law enforcement  would  issue  a                                                                    
citation,  in  lieu  of   physical  arrest,  unless  certain                                                                    
exceptions were met. The  commission made the recommendation                                                                    
for  nonviolent Class  C felonies  and  misdemeanors that  a                                                                    
citation be  issued, unless the  individual was a  danger to                                                                    
the  public, a  flight risk,  and various  other exceptions.                                                                    
The amendment was a technical  restructuring of the section,                                                                    
but  did  not  change  the presumption  or  exceptions.  The                                                                    
amendment removed the redundancies in the exceptions.                                                                           
                                                                                                                                
Co-Chair MacKinnon  wondered if  the amendment was  a better                                                                    
version  of a  previous amendment.  Mr. Shilling  replied in                                                                    
the affirmative.                                                                                                                
                                                                                                                                
Co-Chair MacKinnon  WITHDREW the  OBJECTION. There  being NO                                                                    
further OBJECTION, Amendment 1 was adopted.                                                                                     
                                                                                                                                
1:45:13 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
1:45:47 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
1:45:49 PM                                                                                                                    
                                                                                                                                
Co-Chair MacKinnon looked at page  110, line 12, Section 171                                                                    
of the  committee substitute version  F. She looked  at line                                                                    
9, which  addressed Section  140 and  the effective  date of                                                                    
January  1,  2017.  She  believed  that  Section  71  should                                                                    
reflect "Section  141 should take  effect on July  1, 2018."                                                                    
She  queried comments  on the  possible error.  Mr. Shilling                                                                    
replied  that it  was  the intent  of  legislation that  the                                                                    
provisions  relating  community residential  centers  (CRCs)                                                                    
become effective July  1, 2018. He felt that  there may have                                                                    
been some miscommunication. He pointed  out that Section 141                                                                    
related to CRCs, not Section 140.                                                                                               
                                                                                                                                
Vice-Chair  Micciche remarked  that the  effective date  was                                                                    
captured in line 9.                                                                                                             
                                                                                                                                
Co-Chair MacKinnon MOVED to ADOPT Conceptual Amendment 2:                                                                       
                                                                                                                                
     Page 110, line 12:                                                                                                         
                                                                                                                                
          delete "140"                                                                                                          
          insert "141"                                                                                                          
                                                                                                                                
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
Co-Chair MacKinnon  directed Legislative  Legal to  make any                                                                    
conforming  changes and  technical  amendments to  implement                                                                    
the adopted amendments. There being  NO OBJECTION, it was so                                                                    
ordered.                                                                                                                        
                                                                                                                                
SB  91  was   HEARD  and  HELD  in   committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
SENATE BILL NO. 145                                                                                                           
                                                                                                                                
     "An Act relating to the recovery of overpayments of                                                                        
     day care assistance and child care grants; and                                                                             
     providing for an effective date."                                                                                          
                                                                                                                                
1:49:46 PM                                                                                                                    
                                                                                                                                
AMANDA   RYDER,  ANALYST,   LEGISLATIVE  FINANCE   DIVISION,                                                                    
introduced herself.                                                                                                             
                                                                                                                                
SHAWNDA O'BRIEN,  DIVISION OF PUBLIC  ASSISTANCE, DEPARTMENT                                                                    
OF HEALTH AND SOCIAL SERVICES, introduced herself.                                                                              
                                                                                                                                
Co-Chair MacKinnon  looked at FN  3, and was  concerned with                                                                    
the funding source line 1005,  general fund program receipts                                                                    
at  an   additional  spend  of   $500,000.  She   asked  for                                                                    
explanation. Ms. Ryder replied  that the GF program receipts                                                                    
were from  Permanent Fund Dividends (PFDs).  She shared that                                                                    
federal  government   was  requiring   state  to   pay  back                                                                    
overpayments.  The   $500,000  allowed  the   department  to                                                                    
garnish PFDs  for overpayments of  child care  benefits that                                                                    
were  received by  individuals. It  was new  revenue to  the                                                                    
state, otherwise  the PFDs would remain  with the individual                                                                    
or be  garnished by other agencies.  The legislation brought                                                                    
the  garnishment   of  PFDs  in   line  with   other  public                                                                    
assistance programs.                                                                                                            
                                                                                                                                
Co-Chair MacKinnon  wondered whether the PFD  payback to the                                                                    
state  would  be  deposited  into   the  GF,  or  designated                                                                    
receipts to the  program itself. Ms. Ryder  replied that the                                                                    
money would be used to  reimburse the federal government for                                                                    
child care benefits that the  federal government had already                                                                    
paid. The  money would  be used  to directly  offset federal                                                                    
expenditures, which is why there  was a negative $500,000 in                                                                    
federal  receipts  and a  positive  $500,000  in GF  program                                                                    
receipts. She  shared that the  department could  only spend                                                                    
what they receive in garnishments.                                                                                              
                                                                                                                                
Senator  Dunleavy surmised  that the  department could  only                                                                    
spend what they receive in garnishments. Ms. Ryder agreed.                                                                      
                                                                                                                                
Vice-Chair  Micciche wondered  how  "first  in line"  worked                                                                    
with state  agency garnishments. Ms. O'Brien  explained that                                                                    
the department examined whether  the garnishment would cover                                                                    
the full amount  of the overpayment, if not  then the oldest                                                                    
outstanding  debt  would be  paid  first.  She furthered  if                                                                    
there  was  an  equal   distribution  across  programs,  the                                                                    
department would equally distribute  the recovery to all the                                                                    
programs.                                                                                                                       
                                                                                                                                
Vice-Chair Micciche  surmised that  the payments  could only                                                                    
be  made  based  on  the amount  of  garnishments  from  the                                                                    
individuals. He  furthered that the state  would not receive                                                                    
a  portion   of  the  garnishment,  if,   for  example,  the                                                                    
garnishment was  used toward child  support. There  would be                                                                    
no impact on the general  fund. Ms. O'Brien agreed with that                                                                    
summation.                                                                                                                      
                                                                                                                                
1:54:40 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
1:54:46 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
1:54:47 PM                                                                                                                    
                                                                                                                                
Co-Chair Kelly MOVED to REPORT CS SB 145(FIN) out of                                                                            
committee with individual recommendations and accompanying                                                                      
fiscal notes. There being NO OBJECTION, it was so ordered.                                                                      
                                                                                                                                
CSSB  145(FIN)  was  REPORTED  out  of  committee  with  "no                                                                    
recommendation"  and with  previously published  zero fiscal                                                                    
note:  FN 2(REV);  and  previously  published fiscal  impact                                                                    
note: FN 3 (DHS).                                                                                                               
                                                                                                                                
1:55:13 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
1:57:30 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
1:57:36 PM                                                                                                                    
                                                                                                                                
Co-Chair MacKinnon discussed the week's schedule.                                                                               
                                                                                                                                
ADJOURNMENT                                                                                                                   
2:00:18 PM                                                                                                                    
                                                                                                                                
The meeting was adjourned at 2:00 p.m.                                                                                          
                                                                                                                                
                                                                                                                                

Document Name Date/Time Subjects
SB 91 CSSB 91 Amendment 1 MacKinnon.pdf SFIN 4/4/2016 1:30:00 PM
SB 91