Legislature(2003 - 2004)
04/16/2004 09:09 AM Senate FIN
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
MINUTES
SENATE FINANCE COMMITTEE
April 16, 2004
9:09 AM
TAPES
SFC-04 # 84, Side A
SFC 04 # 84, Side B
CALL TO ORDER
Vice-Chair Con Bunde convened the meeting at approximately 9:09 AM.
PRESENT
Senator Con Bunde, Vice Chair
Senator Ben Stevens
Senator Lyman Hoffman
Senator Donny Olson
Senator Fred Dyson
Also Attending: JANE ALBERTS, Staff to Senator Bunde; TOM BOUTIN,
Deputy Commissioner, Department of Revenue; RACHEL LEWIS, Unclaimed
Property Administrator, Treasury Division, Department of Revenue;
CINDY CASHEN, victim of drunk driving, and Executive Director,
Mothers Against Drunk Driving, Juneau Chapter;
Attending via Teleconference: From an offnet location: PATTY
OLMSTEAD, certified speech language pathologist and Alaska
resident; From Anchorage: NANCY LOVERING, President, Alaska Speech
and Hearing Association, and speech language pathologists in
private practice; MARY ELLEN BEARDSLEY, Assistant Attorney General,
Commercial/Fair Business Section, Civil Division, Department of
Law; From Mat-Su: LAURA YOUNG CAMPBELL, Alaska Speech and Hearing
Association, and licensed speech language pathologist in the Mat-Su
school system;
SUMMARY INFORMATION
SB 365-SPEECH-LANGUAGE PATHOLOGIST ASSISTANTS
The Committee heard from the sponsor and speech pathologists. A
committee substitute was adopted and the bill was reported from
Committee.
SB 231-DECREASE TIME TO CLAIM UNCLAIMED PROPERTY
The Committee heard from the Department of Revenue and the
Department of Law. An amendment was considered but no action was
taken. The bill was held in Committee.
SB 170-CRIMINAL LAW/SENTENCING/ PROBATION/PAROLE
The Committee heard from the Department of Law. The bill was
reported from Committee.
SENATE BILL NO. 365
"An Act relating to the regulation of speech-language
pathologist assistants; and providing for an effective date."
This was the first hearing for this bill in the Senate Finance
Committee.
JANE ALBERTS, Staff to Senator Bunde, testified the Senate Labor
and Commerce Committee sponsored this bill on behalf of Alaskan
speech pathologists. She told about the current shortage of
qualified speech language pathologists in Alaska. This bill, she
stated would provide for credentials and authority to speech
language pathologist assistants to administer specific services.
She defined speech language pathologist assistants as having
completed certain coursework and clinical training, and could
perform tasks prescribed, directed and supervised by licensed
certified speech language pathologists. She gave examples of the
duties the assistants would undertake, including preparing
materials and performing clerical duties associated with case
management. She stressed the assistant is not intended to replace
the pathologists but rather extend services. She reported on
significant changes in recent years in the field of speech language
pathology in the manner in which services are delivered, such as
health care finance reform, public school workloads, technological
advances and expanded scope of practices. She noted the
pathologists are licensed though Department of Community and
Economic Development.
Ms. Alberts stated this bill would mandate that assistants be
regulated and supervised to ensure the consumer is receiving
appropriate speech language services.
Ms. Alberts predicted this program would increase availability of
services while maintaining quality. She pointed out this program
may be the only way that services could be received in rural
Alaska.
Senator Bunde asked how one would become an assistant.
Ms. Alberts told of the training program underway and the
approximate 30 students enrolled. She expressed intent that these
assistants would be utilized in rural communities.
Senator Bunde clarified that the University operates the training
program and supports this legislation.
Ms. Alberts affirmed.
Senator Olson asked the number of speech language pathologists in
the State and the number of assistants that would be employed.
Ms. Alberts deferred.
Senator Bunde pointed out that assistants are not currently
licensed and recognized.
Senator Bunde disclosed he had worked as a speech language
pathologist, although he has no intention to return to the
profession.
PATTY OLMSTEAD, certified speech language pathologist and Alaska
resident, testified via teleconference from an offnet location from
the American Speech Language Hearing Office in Washington DC in
support of this bill. She informed that approximately 235
audiologist and speech language pathologists practice in Alaska,
primarily in schools located in larger communities. She spoke to
the benefits of providing education to Alaskans to perform this
work.
Senator Olson asked the prerequisites for the assistance-training
program.
Ms. Olmstead replied that the majority of students in the training
program have at least a high school education, and that most are
studying for an Associates of Arts degree.
Senator Olson asked how this compares to the educational
prerequisites for speech language pathologists.
Ms. Olmstead answered that speech language pathologists are
required to have a Bachelors degree, a Masters degree and one-year
clinical fellowship. She furthered that a national examination is
required to become certified.
NANCY LOVERING, President, Alaska Speech and Hearing Association,
and speech language pathologist in private practice, testified via
teleconference from Anchorage that most of the students in the
Associates of Arts degree speech language assistance program attend
Prince William Sound Community College or the University of Alaska-
Anchorage. While the assistance would not qualify as replacements
for speech language pathologists, she noted the position would
supplement the efforts of the pathologists. She surmised that
clients would advance further with the aid of the assistants.
LAURA YOUNG CAMPBELL, Alaska Speech and Hearing Association, and
licensed speech language pathologist in the Mat-Su school system,
testified via teleconference from Mat-Su about the largest need for
speech therapy services in schools, especially given the shortage
of teachers. She stated the assistant program would allow for more
individualized treatment for students using programs she, as a
pathologist develops. She furthered that use of assistance would
provide her more time to complete paperwork, including that
required for the federal No Child Left Behind program. She noted
this bill outlines the supervision that assistants would receive.
She spoke to the positive impacts on students able to complete
their treatment plan in a shorter period of time, which would also
cost less to implement.
Senator B. Stevens offered a motion to report the bill from
Committee.
Senator B. Stevens removed his motion.
Senator B. Stevens moved to adopt CS SB 365, 23-LS0540\Q as a
working document.
Without objection the committee substitute was ADOPTED.
Senator B. Stevens offered a motion to report CS SB 365, 23-
LS0540\Q from Committee with individual recommendations and
accompanying fiscal note.
There was no objection and CS SB 365 (FIN) MOVED from Committee
with fiscal note #1 for $800 from the Department of Community and
Economic Development.
CS FOR SENATE BILL NO. 231(STA)
"An Act relating to unclaimed property; and providing for an
effective date."
This was the first hearing for this bill in the Senate Finance
Committee.
TOM BOUTIN, Deputy Commissioner, Department of Revenue, testified
this bill would change the Alaska Uniform Unclaimed Property Act to
generally comply with other regulations in the nation governing
unclaimed property. He specified that this bill would shorten time
periods after which ownership of unclaimed property would be
transferred to the State.
RACHEL LEWIS, Unclaimed Property Administrator, Treasury Division,
Department of Revenue, testified this bill would reduce the
"dormancy periods" of unclaimed property. She overviewed that the
amount of time before which unclaimed property would transfer to
State ownership would change from either five years to three years
or seven years to five years. She surmised this legislation would
improve chances of locating the owners of unclaimed property, would
permit businesses to remove the liabilities from accounts, and
would transfer unclaimed property to the State general fund sooner
"where it could be used for everyone in the state of Alaska." She
qualified this legislation does not specifically address
demutualization, which is a new practice began the release of the
Uniform Law Commissioners Draft of 1995, which this legislation is
based upon.
Senator Bunde asked for further definition of the demutualization
matter.
Ms. Lewis deferred to industry representatives.
Senator Olson asked the percentage of property currently claimed
after the third year and before five to seven years.
Ms. Lewis replied the incidence of claims is greatly reduced over
time. She predicted an increase of claimed property in the first
two years due to the compressed timeframe.
Senator Hoffman asked what additional measures would be undertaken
to identify, locate and notify owners of unclaimed property.
Ms. Lewis replied that currently the Division is required to
advertise in newspapers unclaimed property notices annually. She
stated this is expensive, and that the Division has found other
more cost-effective methods, including maintaining an Internet
website, national television programs and commercials, and booths
at conferences and fairs. She stressed that funding for these
efforts is limited to the $30,000 budget and that this legislation
would allow the Division to identify and implement the most
efficient and successful methods.
Senator Hoffman asked if the Internet is the most effective method
for Alaska.
Ms. Lewis reiterated that currently, the Division is required to
advertise through newspapers, although more effective methods have
been identified. This legislation would allow the Division to
evaluate different methods. She listed 300 claims resulting from a
$30,000 newspaper advertising campaign the previous year, compared
to 1,600 claims resulting from an Internet posting at no cost to
the State.
Senator Olson challenged that many rural residents are not
"property minded" and unlikely to surf the Internet.
Ms. Lewis replied that many people tend to surf the Internet, and
notify neighbors, friends and relatives if information is found.
Senator Olson countered that rural areas have limited computer
access and therefore Internet surfing is not possible.
Ms. Lewis responded that this legislation would permit the Division
to determine the best way to address the issue of notifying owners
of unclaimed property. She surmised that if the newspaper
advertising were not required, the funds could be utilized in a
more effective manner.
Amendment #1: This amendment replaces the language in Section 5 on
page 3 of the committee substitute to read as follows.
Sec. 5. AS 34.45 is amended by adding a new section to read:
Sec. 34.45.175. Certain property distributed in insurance
company reorganizations. Property distributable in the course
of a demutualization or related reorganization of an insurance
company shall be deemed abandoned as follows:
(A) any funds, two years after the date of the
demutualization or reorganization, if the funds remain
unclaimed, and the owner has not otherwise communicated with
the holder or its agent regarding the property as evidenced by
a memorandum or other record on file with the holder or its
agent;
(B) any stock or other equity interest, two years after
the date of the demutualization or reorganization if
instruments or statements reflecting the distribution are
either mailed to the owner and returned by the post office as
undeliverable, or not mailed to the owner because of an
address on the books and records of the holder that is known
to be incorrect, and the owner has not otherwise communicated
with the holder or its agent regarding the property as
evidenced by a memorandum or other record on file with the
holder or its agent.
(C) property not subject to (A) or (B) above within two
years of the distribution shall remain reportable under other
sections of this chapter.
Senator Bunde moved for adoption and objected for discussion
purposes.
Mr. Boutin indicated he has read the amendment and agreed with the
concept. He deferred to Ms. Lewis and the Department of Law to
explain the provisions.
Ms. Lewis remarked that the Division agrees "wholeheartedly" with
the amendment, which was suggested by industry and she noted that
the National Association of Unclaimed Property Administrators also
supports the amendment.
MARY ELLEN BEARDSLEY, Assistant Attorney General, Commercial/Fair
Business Section, Civil Division, Department of Law, testified via
teleconference from Anchorage that she has not had an opportunity
to adequately review the amendment. She indicated the Department
agrees with the concept of the proposed changes.
Senator Bunde directed attention to a memorandum from the
legislative Division of Legal and Research Services [copy on file],
which also raises concerns with the amendment.
No further action was taken on the amendment or the bill.
CS FOR SENATE BILL NO. 170(JUD)
"An Act relating to murder in the second degree, the
justification of defense of self or others, immunity from
prosecution, sentencing, probation, discretionary parole, and
the right to representation in certain criminal proceedings;
relating to violation of a custodian's duty; relating to
sexual abuse of a minor; relating to release of information
concerning certain cases involving a minor; relating to local
options regarding alcoholic beverages, the offense of
furnishing or delivery of alcoholic beverages to a person
under 21 years of age, and forfeiture of property used in, and
money or other items of value used in financial transactions
derived from, violation of certain laws relating to alcoholic
beverages; relating to assault by means of a dangerous
instrument; relating to operating or driving a motor vehicle,
aircraft, or watercraft while under the influence of an
alcoholic beverage, inhalant, or controlled substance, to the
refusal to submit to a chemical test, and to the presumptions
concerning the chemical analysis of breath or blood; and
providing for an effective date."
This was the first hearing for this bill in the Senate Finance
Committee.
SUSAN PARKS, Deputy Attorney General, Criminal Division, Department
of Law, noted this is a comprehensive bill that covers many areas
of criminal law. She stated it addresses many "problems" that law
enforcement and public safety officers are faced with. She noted
this committee substitute is significantly different than the
original legislation, as a result of concerns raised during
hearings in the Senate Judiciary Committee. She reported that
extensive public testimony was taken on the committee substitute in
the aforementioned committee. She remarked upon the efforts of the
Senate Judiciary Committee to ensure this legislation balances
public safety with the rights of defendants.
Ms. Parks stated that Sections 1 through 11 address "the problem of
alcohol", specifically bootlegging laws. She explained the goal of
these provisions it to provide communities with more options and
greater ability to enforce their local liquor option laws. She
noted Sections 1 through 4 would allow local communities to adopt a
lower threshold standard for possession of alcohol within the
community. She informed that currently State statue contains one
standard, and although some communities have adopted lower limits,
the State does not have the ability to enforce the lower limits.
The provisions in these bill sections she said would grant that
enforcement ability.
Senator Bunde asked whether local communities would retain the
option to adopt local liquor option laws but would not be required
to do so.
Ms. Parks affirmed. She continued that these provisions would
eliminate a loophole, which she explained occurs as a result of
closed communities adoption of conflicting rules, and from
overlapping boundaries. She stated that bootleggers have been able
to take advantage of these discrepancies.
Ms. Parks noted bootlegging statutes currently do not allow for the
confiscation of property and pointed out this legislation would
match provisions for seizure of property used in drug crimes.
Ms. Parks also noted this legislation would create new statutes in
Sections 14 and 17. She described Section 14, to correct an
omission in the current statutes governing assaults. She stated
this provision would create a new Class C felony for crimes in
which criminal negligence causes serious physical injury by means
of a dangerous instrument. She gave as the most common example,
instances in which the driver of a vehicle was not found to be
intoxicated, but who nonetheless inflicted serious injury due to
criminal negligence.
Ms. Parks stated that Section 17 relates to violation of third-
party custodian duties. She informed that currently a judge has the
option of releasing a defendant on bail into the custody of a third
party who promises to report any violations the defendant may
commit. Unfortunately, she reported many of the third party
custodians fail to fulfill these duties and the State only has the
option of pursuing criminal contempt charges. This legislation, she
said would establish a and b misdemeanor crimes depending on
whether the person the third party custodian was supervising was
charged with a felony or a misdemeanor.
Ms. Parks continued that this legislation would also amend some
existing statutes to "make them stronger". Section 13, she said
would modify the felony murder statutes, noting that currently all
participants in a serious felony crime, such as a robbery, in which
someone other than the participant is killed, is held responsible
for that death. She stated this legislation proposes that if the
death of a participant is caused by someone other than a
participant, such as a store clerk shooting one of the robbers, all
participants are held accountable for the death. She remarked this
is because the conduct of the participants in the robbery or other
crime prompted the death.
Ms. Parks informed that Sections 15 and 16 would amend current
statues pertaining to the crime of sexual abuse of a minor, noting
that currently statutes make no distinction between penetration and
touching in offenses perpetrated on a minor by juveniles 15 years
of age or younger. The crimes are all classified as misdemeanors,
she said, despite the disproportion of the harm caused by
penetration. She remarked that this legislation would classify
penetration of victims three or more years of age younger than the
juvenile offender who is 15 years of age or younger, as a C felony
crime. She qualified the case would remain in the juvenile judicial
system, but that the higher classification would be a recognition
of the seriousness of the conduct.
Ms. Parks indicated that Sections 26 and 27 would amend the
statutes relating to felony driving under the influence of drugs or
alcohol.
Ms. Parks informed that currently provisions allow the Department
of Health and Social Services to release identifying information on
juvenile offenders to schools and law enforcement, but not to the
general public. Section 32, she stated would allow the release of
this information in certain circumstances for public safety
reasons, although in such a manner as to protect confidentiality,
Senator Dyson asked if this would allow child care providers who
employ teenagers to obtain this information.
Ms. Parks replied that is the situation that prompted this change.
Ms. Parks then reminded that current statutes are intended for
judges to impose consecutive sentencing for each victim and crime
committed by an offender; however, she stated adequate sentencing
is not occurring. She remarked that Sections 22, 23, 30 and 31
would mandate the legislative intent of the current statute.
Ms. Parks then told the Committee this legislation would establish
procedures for instances in which a witness in a court proceeding
is granted immunity in exchange for testimony but refuses to
testify citing protection under the Fifth Amendment to the US
Constitution.
Ms. Parks next told of situations of gang or drug-related violence
whereby all parties claim self defense when an innocent party is
injured. She remarked that this bill would prohibit a self-defense
plea for anyone who brings a gun to drug or gang activities.
Ms. Parks addressed the "big gulp" defense claim sometimes made in
driving under the influence arrests that the alcohol was consumed
shortly before the driver took the wheel and that the driver would
have reached his or her destination before the alcohol entered the
blood stream had the driver not been stopped.
CINDY CASHEN, victim of drunk driving, and Executive Director,
Mothers Against Drunk Driving (MADD), Juneau Chapter, read
testimony into the record as follows.
MADD supports the committee substitute for House Bill 244. We
support the right for communities to adopt lower limits of
alcohol possession and importation in order to improve the
health and safety of their people. Empowering communities to
take part in dealing with alcohol abuse and the breaking of
the laws is something that MADD supports.
We support stricter drunk driving sanction for high-risk
drivers - these are drunk drivers who have repeatedly chosen
to endanger themselves and everyone else who shares the road
system - must be held accountable for their crimes. About one-
third of all drivers arrested or convicted of driving under
the influence are repeat offenders. These drivers are 40
percent more likely to be involved in a fatal crash than those
without prior DUIs. We support increased penalties for those
who chose to drink and drive, which results in the serious
injury of an innocent victim or victims.
People who drink and drive - referring to the "big gulp"
theory - they're not doctors. They're not experts. They aren't
able to determine if they're sober before arriving at their
destination. If a person chooses to drink and drive, they've
broken the law; they've committed a crime and they should be
held accountable for it. It's that simple.
Ms. Cashen then relayed her story in which the drunk driver was to
receive a sentence for each life taken and a lesser sentence for
the serious injury caused to another. She stated that the victims'
families agreed to this, but the judge "felt sorry" for the
offender and imposed a lesser sentence, combining the crimes.
Ms. Cashen also stressed the need to address the third party
custodian statutes. She told of a drunk driving death that occurred
in Hoonah and her assistance to the mother of the deceased boy.
SFC 04 # 84, Side B 09:56 AM
Ms. Cashen continued that the offender was released to a third
party custodian pending trial and subsequently drank and even
partied in the house of the victim, and yet no action could be
taken against the third party custodian. She predicted this
legislation would provide consequences for third party custodians
who fail to report violations committed by their charge.
Senator Dyson thanked the witness for turning a tragedy into
something useful to others.
Senator Hoffman asked the number of MAAD chapters in Alaska.
Ms. Cashen listed Anchorage, Fairbanks and Juneau with established
chapters, and the June 2004 opening of a chapter in Mat-Su, and the
formation of another in Petersburg.
Ms. Cashen commented that April 19 would be the four-year
anniversary of her father's death and "yet nothing has been done."
Senator Hoffman referenced Ms. Park's testimony that several
communities requested lower alcohol possession limits and he asked
which communities made this request. He also asked the impetus of
the proposed changes to the alcohol possession statutes made to the
bill in the Senate Judiciary Committee. He noted the committee
substitute received only one "do pass" recommendation from that
Committee.
Ms. Parks replied that the community of St. Mary's, plus two
others, has adopted rules providing lower levels of alcohol
possession.
AL STORY, Lieutenant, Alaska State Troopers, Department of Public
Safety, testified via teleconference from an offnet location that
currently troopers are unable to enforce the limited alcohol
possession rules because of current statutory language.
Ms. Parks informed the matter of the alcohol possession provisions
was discussed extensively in the Senate Judiciary Committee.
Senator Hoffman pointed out these provisions were not included in
the original version of the bill and asked why it was included in
the Senate Judiciary committee substitute.
Ms. Parks replied that over the interim, it became a priority of
Governor Murkowski to keep alcohol out of "dry" communities.
Senator Hoffman wanted to know how this provision would keep
alcohol out of communities. He reminded that he sponsored the
original legislation to provide for the establishment of dry
communities and questioned how the proposed provision would be
effective.
Ms. Parks responded that it would provide the State the ability to
better enforce community decisions. She admitted there is no
"silver bullet" for those who want to commit crimes.
Senator Hoffman noted the additional penalties for offenses
involving alcohol.
Ms. Parks explained the proposal to increase to a C felony, the
penalty for supplying alcohol to a minor in an area closed to
alcohol. She noted mandatory forfeiture of seized items if the
offense involved "egregious" circumstances.
Senator Hoffman asked if conviction of a C felony results in
forfeiture of permanent fund dividends.
Ms. Parks answered yes.
Senator Dyson appreciated the efforts made in drafting this
legislation and commented that the bill must also pass the House of
Representatives and that other opportunities would be available to
address concerns.
Senator Dyson offered a motion to report the bill from Committee
with individual recommendations and an accompanying and a new
fiscal note.
There was no objection and CS SB 170 (JUD) MOVED from Committee
with fiscal note #3 for $3,400 from the Department of Corrections,
and a new fiscal note for $90,800 from the Department of
Administration dated 4/8/04.
ADJOURNMENT
Vice-Chair Con Bunde adjourned the meeting at 10:05 AM.
| Document Name | Date/Time | Subjects |
|---|