Legislature(2015 - 2016)BELTZ 105 (TSBldg)

02/03/2016 01:30 PM JUDICIARY

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Audio Topic
01:36:34 PM Start
01:37:40 PM Confirmation Hearings
01:50:42 PM SB157
01:55:21 PM SJR15
02:24:05 PM SCR4
02:37:32 PM HB93
02:59:49 PM Confirmation Hearings
03:00:24 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled: TELECONFERENCED
Public Members to the Select Committee on
Legislative Ethics
+ HB 93 PROBATION AND PAROLE: WORK, TRAVEL ACCOM. TELECONFERENCED
Heard & Held
+= SCR 4 US COUNTERMAND CONVENTION DELEGATES TELECONFERENCED
Heard & Held
+= SJR 15 CALL FOR US COUNTERMAND CONVENTION TELECONFERENCED
Heard & Held
+= SB 157 AMUSEMENT DEVICES & GAMBLING DEFINITION TELECONFERENCED
Moved SB 157 Out of Committee
-- Testimony <Invited & Public> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
               SENATE JUDICIARY STANDING COMMITTEE                                                                            
                        February 3, 2016                                                                                        
                            1:36 p.m.                                                                                           
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Lesil McGuire, Chair                                                                                                    
Senator John Coghill, Vice Chair                                                                                                
Senator Mia Costello                                                                                                            
Senator Bill Wielechowski                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Peter Micciche                                                                                                          
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARINGS                                                                                                           
                                                                                                                                
     Select Committee on Legislative Ethics                                                                                   
          H. Conner Thomas - Nome                                                                                               
          Gary J. Turner - Soldotna                                                                                             
                                                                                                                                
     - CONFIRMATIONS ADVANCED                                                                                                   
                                                                                                                                
SENATE BILL NO. 157                                                                                                             
"An Act defining arcade-style amusement devices."                                                                               
                                                                                                                                
     - MOVED SB 157 OUT OF COMMITTEE                                                                                            
                                                                                                                                
SENATE JOINT RESOLUTION NO. 15                                                                                                  
Making  application  to  the  United States  Congress  to  call  a                                                              
convention  of the states  to propose  a countermand amendment  to                                                              
the Constitution  of the United States  as provided under  art. V,                                                              
Constitution  of the United  States; and  urging the  legislatures                                                              
of the other 49 states to make the same application.                                                                            
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
SENATE CONCURRENT RESOLUTION NO. 4                                                                                              
Relating to  the duties of  delegates selected by  the legislature                                                              
to  attend  a  convention  of the  states  called  under  art.  V,                                                              
Constitution  of  the United  States,  to consider  a  countermand                                                              
amendment to the  Constitution of the United  States; establishing                                                              
as a  joint committee of the  legislature the Delegate  Credential                                                              
Committee and relating  to the duties of the  committee; providing                                                              
for  an  oath  for  delegates  and  alternates  to  a  countermand                                                              
amendment convention;  providing for  a chair and  assistant chair                                                              
of the  state's  countermand amendment  delegation; providing  for                                                              
the  duties   of  the   chair  and   assistant  chair;   providing                                                              
instructions  for the  selection  of a  convention president;  and                                                              
providing  specific  language  for the  countermand  amendment  on                                                              
which  the state's  convention  delegates  are authorized  by  the                                                              
legislature to vote to approve.                                                                                                 
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 93(STA)                                                                                 
"An  Act  relating  to  the  duties  of  probation  officers;  and                                                              
relating to conditions of parole."                                                                                              
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 157                                                                                                                  
SHORT TITLE: AMUSEMENT DEVICES & GAMBLING DEFINITION                                                                            
SPONSOR(s): SENATOR(s) MCGUIRE                                                                                                  
                                                                                                                                
01/25/16       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/25/16       (S)       JUD                                                                                                    
02/01/16       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/01/16       (S)       Heard & Held                                                                                           
02/01/16       (S)       MINUTE (JUD)                                                                                           
02/03/16       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: SJR 15                                                                                                                  
SHORT TITLE: CALL FOR US COUNTERMAND CONVENTION                                                                                 
SPONSOR(s): SENATOR(s) STOLTZE                                                                                                  
                                                                                                                                
02/13/15       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/13/15       (S)       STA, JUD                                                                                               
03/17/15       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
03/17/15       (S)       Heard & Held                                                                                           
03/17/15       (S)       MINUTE (STA)                                                                                           
03/19/15       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
03/19/15       (S)       Heard & Held                                                                                           
03/19/15       (S)       MINUTE (STA)                                                                                           
03/26/15       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
03/26/15       (S)       Moved SJR 15 Out of Committee                                                                          
03/26/15       (S)       MINUTE (STA)                                                                                           
03/27/15       (S)       STA RPT 4DP 1DNP                                                                                       
03/27/15       (S)       DP: STOLTZE, COGHILL, MCGUIRE, HUGGINS                                                                 
03/27/15       (S)       DNP: WIELECHOWSKI                                                                                      
04/08/15       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/08/15       (S)       Heard & Held                                                                                           
04/08/15       (S)       MINUTE (JUD)                                                                                           
02/03/16       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: SCR 4                                                                                                                   
SHORT TITLE: US COUNTERMAND CONVENTION DELEGATES                                                                                
SPONSOR(s): SENATOR(s) STOLTZE                                                                                                  
                                                                                                                                
02/13/15       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/13/15       (S)       STA, JUD, FIN                                                                                          
03/17/15       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
03/17/15       (S)       Heard & Held                                                                                           
03/17/15       (S)       MINUTE (STA)                                                                                           
03/19/15       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
03/19/15       (S)       Heard & Held                                                                                           
03/19/15       (S)       MINUTE (STA)                                                                                           
03/26/15       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
03/26/15       (S)       Moved SCR 4 Out of Committee                                                                           
03/26/15       (S)       MINUTE (STA)                                                                                           
03/27/15       (S)       STA RPT 4DP 1DNP                                                                                       
03/27/15       (S)       DP: STOLTZE, COGHILL, HUGGINS, MCGUIRE                                                                 
03/27/15       (S)       DNP: WIELECHOWSKI                                                                                      
04/08/15       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/08/15       (S)       Heard & Held                                                                                           
04/08/15       (S)       MINUTE (JUD)                                                                                           
02/03/16       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: HB 93                                                                                                                   
SHORT TITLE: PROBATION AND PAROLE: WORK, TRAVEL ACCOM.                                                                          
SPONSOR(s): REPRESENTATIVE(s) TILTON                                                                                            
                                                                                                                                
01/30/15       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/30/15       (H)       STA                                                                                                    
02/17/15       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
02/17/15       (H)       Moved CSHB 93(STA) Out of Committee                                                                    
02/17/15       (H)       MINUTE (STA)                                                                                           
02/19/15       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
02/19/15       (H)       Moved CSHB 93(STA) Out of Committee                                                                    
02/19/15       (H)       MINUTE (STA)                                                                                           
02/20/15       (H)       STA RPT CS (STA) 5DP                                                                                   
02/20/15       (H)       DP: TALERICO, STUTES, KELLER, KREISS-                                                                  
                         TOMKINS, LYNN                                                                                          
02/27/15       (H)       TRANSMITTED TO (S)                                                                                     
02/27/15       (H)       VERSION: CSHB 93(STA)                                                                                  
03/02/15       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/02/15       (S)       STA, JUD                                                                                               
03/26/15       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
03/26/15       (S)       Heard & Held                                                                                           
03/26/15       (S)       MINUTE (STA)                                                                                           
04/07/15       (S)       STA RPT 1DP 3NR                                                                                        
04/07/15       (S)       DP: COGHILL                                                                                            
04/07/15       (S)       NR: STOLTZE, HUGGINS, WIELECHOWSKI                                                                     
04/07/15       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
04/07/15       (S)       Moved CSHB 93(STA) Out of Committee                                                                    
04/07/15       (S)       MINUTE (STA)                                                                                           
02/03/16       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
H. CONNER THOMAS, Nominee                                                                                                       
Select Committee on Legislative Ethics, public seat                                                                             
Nome, Alaska                                                                                                                    
POSITION STATEMENT:  Testified as a nominee for a public seat to                                                              
the Select Committee on Legislative Ethics.                                                                                     
                                                                                                                                
GARY J. TURNER, Nominee                                                                                                         
Select Committee on Legislative Ethics, public seat                                                                             
Soldotna, Alaska                                                                                                                
POSITION STATEMENT:  Testified as a nominee for a public seat to                                                              
the Select Committee on Legislative Ethics.                                                                                     
                                                                                                                                
FORREST WOLFE, Staff                                                                                                            
Senator Lesil McGuire                                                                                                           
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Introduced SB 157 on behalf of the sponsor.                                                              
                                                                                                                                
KEVIN MEINERS, owner                                                                                                            
Loyal Lady Enterprises                                                                                                          
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of SB 157.                                                                          
                                                                                                                                
KATRINA MITCHEL, Revenue Audit Supervisor                                                                                       
Tax Division                                                                                                                    
Charitable Gaming Program                                                                                                       
Department of Revenue (DOR)                                                                                                     
POSITION STATEMENT:  Testified that SB 157 does not impact DOR.                                                               
                                                                                                                                
SENATOR BILL STOLTZE                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Sponsor of SJR 15 and SCR 4.                                                                             
                                                                                                                                
DANIEL GEORGE, Staff                                                                                                            
Senator Bill Stoltze                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented supporting information on SJR 15                                                               
and SCR 4 on behalf of the sponsor.                                                                                             
                                                                                                                                
MIKE COONS, National Legislative Director                                                                                       
Citizen Initiatives                                                                                                             
Palmer, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of SJR 15 and SCR 4.                                                                
                                                                                                                                
REPRESENTATIVE CATHY TILTON                                                                                                     
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Sponsor of HB 93.                                                                                        
                                                                                                                                
CHRISTOPHER CLARK, Staff                                                                                                        
Representative Cathy Tilton                                                                                                     
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented information related to HB 93 on                                                                
behalf of the sponsor.                                                                                                          
                                                                                                                                
CARRIE BELDEN, Director                                                                                                         
Division of Probation and Parole                                                                                                
Department of Corrections (DOC)                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Answered questions related to HB 93.                                                                     
                                                                                                                                
TRAVIS LEWIS, Vice President                                                                                                    
Alaskans for Alaska                                                                                                             
Hoonah, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of the spirit of HB 93                                                              
and offered suggestions.                                                                                                        
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                              
1:36:34 PM                                                                                                                    
CHAIR  LESIL   MCGUIRE  called   the  Senate  Judiciary   Standing                                                            
Committee meeting  to order  at 1:36 p.m.  Present at the  call to                                                              
order  were Senators  Costello, Wielechowski,  Coghill, and  Chair                                                              
McGuire.                                                                                                                        
                                                                                                                                
^Confirmation Hearings                                                                                                          
                      CONFIRMATION HEARINGS                                                                                   
             Select Committee on Legislative Ethics                                                                         
                                                                                                                                
1:37:40 PM                                                                                                                    
CHAIR MCGUIRE announced  the first order of business  would be the                                                              
consideration of  Chief Justice Nominations  of public  members to                                                              
the  Select Committee  on Legislative  Ethics.  She recognized  H.                                                              
Conner Thomas,  thanked him  for his years  of service,  asked how                                                              
long he has served  on the Select Committee on  Legislative Ethics                                                              
and why he is interested in continuing.                                                                                         
                                                                                                                                
1:37:46 PM                                                                                                                    
H.  CONNER  THOMAS,  Nominee,  Select   Committee  on  Legislative                                                              
Ethics,  public  seat, Nome,  Alaska,  said  he has  served  since                                                              
1999. He described  the work as mostly enjoyable,  with the topics                                                              
ranging from  intellectually challenging  to tedious. He  feels it                                                              
is  worthwhile public  service  that fits  with  his schedule.  He                                                              
also believes  it is important for  the public generally  in terms                                                              
of their  perception of the  legislature. He feels  positive about                                                              
the purpose  of the  committee. Things  that have been  beneficial                                                              
during  his  time  on  the  committee   include  mandatory  ethics                                                              
sessions and the expansion and preference for informal advice.                                                                  
                                                                                                                                
He said he would like to continue on the committee.                                                                             
                                                                                                                                
CHAIR MCGUIRE said  she particularly appreciates that  he brings a                                                              
diverse perspective being a lawyer from Nome.                                                                                   
                                                                                                                                
1:40:48 PM                                                                                                                    
SENATOR COGHILL  thanked Mr.  Thomas for  his service and  vouched                                                              
for  his  thoughtful  work.  He   reminded  him  that  legislators                                                              
appreciate  the  continued discussion  on  policy  calls that  are                                                              
ambiguous or hard to implement.                                                                                                 
                                                                                                                                
CHAIR MCGUIRE  asked if  he had any  requests for the  legislature                                                              
or reflections from his years of service.                                                                                       
                                                                                                                                
MR. THOMAS said  he's learned that the issues you  think are going                                                              
be simple  and quick  often don't  turn out  that way. He  doesn't                                                              
feel there is anything clambering to be done.                                                                                   
                                                                                                                                
CHAIR MCGUIRE  said she would ask for  a motion at the  end of the                                                              
meeting  to  forward  his  name  to  the  full  body  for  further                                                              
consideration.                                                                                                                  
                                                                                                                                
1:43:22 PM                                                                                                                    
CHAIR MCGUIRE  recognized Gary J.  Turner's service on  the Select                                                              
Committee on  Legislative Ethics and  noted he is the  director of                                                              
the Kenai  Peninsula College  in Soldotna. She  asked him  to tell                                                              
the committee  why he wants to  continue to service  and highlight                                                              
any legislative matters he believes should be changed.                                                                          
                                                                                                                                
1:44:03 PM                                                                                                                    
GARY J. TURNER,  Nominee, Select Committee on  Legislative Ethics,                                                              
public  seat,  Soldotna, Alaska,  stated  that  he's been  on  the                                                              
committee  for almost  10  years  and that  makes  him the  junior                                                              
public  member. He  said  it took  several  years  before he  felt                                                              
comfortable.  He agreed  with  Mr.  Thomas that  he  can study  an                                                              
issue carefully  in preparation  for a meeting  and feel  he knows                                                              
the way things  will go. But  the committee discussions  can be so                                                              
interesting and unique  that you might make a 180  degree turn. He                                                              
opined that that  is important to the process and  shows that just                                                              
one  or two  people should  not be  making  decisions on  advisory                                                              
opinions  or ethics  violations.  "It takes  a  committee such  as                                                              
this that  would share responsibility  between the public  and the                                                              
legislators,"  he said. That  is one of  the reasons  he continues                                                              
to serve. He said  he is fortunate that the University  of Alaska,                                                              
Anchorage supports  public service and  has allowed him  to attend                                                              
meetings without having to take vacation.                                                                                       
                                                                                                                                
With  regard  to  any  legislative   fixes,  he  said  it  can  be                                                              
frustrating  when the  committee recognizes  that something  needs                                                              
to be  fixed, but  it requires  a statutory  change. He  cited the                                                              
example  of  Senator Coghill's  rewrite  of  the ethics  bill  six                                                              
years ago.                                                                                                                      
                                                                                                                                
CHAIR  MCGUIRE  asked if  he  feels  that the  existing  standards                                                              
allow the  committee to  hold legislative  members to the  highest                                                              
ethical standards.                                                                                                              
                                                                                                                                
MR. TURNER  answered yes. Overall  the system is  working although                                                              
he sometimes  believes the fines  could be increased  because they                                                              
seem low.                                                                                                                       
                                                                                                                                
CHAIR  MCGUIRE responded  that legislators  will  look forward  to                                                              
hearing more from the committee on that subject.                                                                                
                                                                                                                                
1:48:44 PM                                                                                                                    
SENATOR COGHILL thanked  Mr. Turner for his service  and expressed                                                              
appreciation for his work ethic.                                                                                                
                                                                                                                                
CHAIR  MCGUIRE   commented  on  the   importance  of   the  ethics                                                              
committee   and  then  stated   her  intention   to  forward   the                                                              
nominations   for  ratification.   She   highlighted  that   these                                                              
nominations are  unique because they  come from the  chief justice                                                              
under  Title  24  as  opposed to  the  governor.  [The  motion  to                                                              
forward the names  to the full body for consideration  was made at                                                              
the end of the meeting.]                                                                                                        
                                                                                                                                
         SB 157-AMUSEMENT DEVICES & GAMBLING DEFINITION                                                                     
                                                                                                                                
1:50:42 PM                                                                                                                    
CHAIR MCGUIRE  announced the  consideration of  SB 157.  She asked                                                              
Mr.  Wolfe   if  he  had   any  additional  information   for  the                                                              
committee.                                                                                                                      
                                                                                                                                
1:50:47 PM                                                                                                                    
FORREST WOLFE,  Staff, Senator Lesil  McGuire, sponsor of  SB 157,                                                              
reported that  Tudor Bingo Center  and another pull tab  owner who                                                              
will  give testimony  today both  have expressed  support for  the                                                              
bill.                                                                                                                           
                                                                                                                                
1:51:55 PM                                                                                                                    
KEVIN MEINERS,  owner, Loyal Lady Enterprises,  Anchorage, Alaska,                                                              
stated  that he has  pull tab  shops in  six locations  throughout                                                              
Anchorage, and  he fully supports SB  157. He relayed that  one of                                                              
his  shops is  in the  Dimond Center,  and he  believes that  [the                                                              
addition  of Dave and  Buster's] will  drive a  lot of  traffic to                                                              
the mall. Responding  to a question, he confirmed  that nothing in                                                              
the bill specifically affects him.                                                                                              
                                                                                                                                
SENATOR  WIELECHOWSKI   asked  if  he  may  change   his  business                                                              
structure to take advantage of the provisions in the bill.                                                                      
                                                                                                                                
MR.  MEINERS  answered,  "Not  at   all;  this  purely  refers  to                                                              
amusement games as far as I'm concerned."                                                                                       
                                                                                                                                
CHAIR MCGUIRE  noted that Katrina  Mitchel with the  Department of                                                              
Revenue (DOR) was available to answer questions.                                                                                
                                                                                                                                
SENATOR WIELECHOWSKI  asked Ms. Mitchel if the  administration has                                                              
any concerns about and a position on the bill.                                                                                  
                                                                                                                                
1:53:40 PM                                                                                                                    
KATRINA   MITCHEL,  Revenue   Audit   Supervisor,  Tax   Division,                                                              
Charitable  Gaming Program,  Department of  Revenue (DOR),  stated                                                              
that SB 157 does  not impact the charitable gaming  program so DOR                                                              
will not  be impacted.  The position  of the administration  would                                                              
be that it does not impact the Charitable Gaming Program.                                                                       
                                                                                                                                
1:54:29 PM                                                                                                                    
CHAIR MCGUIRE closed public testimony on SB 157.                                                                                
                                                                                                                                
1:54:46 PM                                                                                                                    
SENATOR  COGHILL motioned  to report  SB 157  from committee  with                                                              
individual recommendations and attached zero fiscal note(s).                                                                    
                                                                                                                                
CHAIR  MCGUIRE  announced  that   without  objection,  SB  157  is                                                              
reported from the Senate Judiciary Standing Committee.                                                                          
                                                                                                                                
            SJR 15-CALL FOR US COUNTERMAND CONVENTION                                                                       
                                                                                                                                
1:55:21 PM                                                                                                                    
CHAIR MCGUIRE announced the consideration of SJR 15.                                                                            
                                                                                                                                
1:55:47 PM                                                                                                                    
SENATOR BILL  STOLTZE, Alaska  State Legislature, Juneau,  Alaska,                                                              
sponsor of SJR 15, introduced himself.                                                                                          
                                                                                                                                
1:56:04 PM                                                                                                                    
DANIEL  GEORGE,   Staff,  Senator   Bill  Stoltze,  Alaska   State                                                              
Legislature,  Juneau, Alaska,  introduced  himself and  summarized                                                              
the  reason the  committee  was  hearing both  SJR  15  and SCR  4                                                              
today. He suggested starting with SJR 15.                                                                                       
                                                                                                                                
SENATOR  STOLTZE explained  that SJR  15 is a  vehicle to  address                                                              
the  issue  of  federal overreach.  He  opined  that  it  empowers                                                              
states  with  the power  that  the  founders envisioned  when  the                                                              
Republic was established.                                                                                                       
                                                                                                                                
CHAIR  MCGUIRE   asked  how  many   states  have   passed  similar                                                              
legislation  and how  many  are needed  [to  pursue a  countermand                                                              
constitutional convention.]                                                                                                     
                                                                                                                                
SENATOR STOLTZE deferred to Mr. George.                                                                                         
                                                                                                                                
1:58:56 PM                                                                                                                    
MR. GEORGE  said he misplaced the  list but there are a  number of                                                              
supporting  letters in the  packets from  states that have  passed                                                              
or are  considering similar  legislation. Under  Article V  of the                                                              
Constitution  of  the  United States,  two-thirds  of  the  states                                                              
would  be   required  to   propose  a  single-issue,   countermand                                                              
amendment convention.  The specific  text is  within the  bills to                                                              
prevent  any   kind  of  runaway   convention.  Upon   receipt  of                                                              
applications from  34 state legislatures, Congress  would call the                                                              
convention  within  60  days.  Once   the  convention  is  called,                                                              
specific  initiatives  to countermand  specific  federal  actions,                                                              
statutes, or decisions  could be proposed. Those would  have to be                                                              
approved by three-fifths of the states.                                                                                         
                                                                                                                                
SENATOR STOLTZE  described the concept as simple.  "It's providing                                                              
for the  Tenth Amendment  powers that the  states should  have and                                                              
that have  been eroded  through a  lot of  executive fiat  by both                                                              
democratic  and Republican presidents."  He added  that this  is a                                                              
tool for  states that  has a  high threshold  but, "I don't  think                                                              
it's  a weapon  that'll be  drawn  except in  self-defense by  the                                                              
states."                                                                                                                        
                                                                                                                                
CHAIR MCGUIRE commented  that most of the committee  has signed on                                                              
as co-sponsors.                                                                                                                 
                                                                                                                                
SENATOR STOLTZE  stressed the importance have the  motivations for                                                              
the  legislation  a  matter  of  public  record.  Many  interested                                                              
Alaskans have  been involved but  it's difficult to get  people to                                                              
testify during the work day, he said.                                                                                           
                                                                                                                                
CHAIR MCGUIRE noted  that Mike Coons signed up to  testify on both                                                              
pieces of legislation.                                                                                                          
                                                                                                                                
2:03:03 PM                                                                                                                    
SENATOR WIELECHOWSKI  clarified that  he is  not a co-sponsor  and                                                              
is  very  concerned  that  this  process  would  allow  states  to                                                              
overturn  decisions  of  the judicial  branch  of  government.  "I                                                              
think there  have been periods of  time where the majority  of the                                                              
people would  have willingly  kept very  - what  we can  look back                                                              
now,  controversial   decisions  by  the  Supreme   Court.  Racial                                                              
segregation  as an  example." The  courts  are supposed  to be  an                                                              
unbiased  arbiter of  the law  and this  gives state  legislatures                                                              
the  ability  to  overturn judicial  decisions.  "It  concerns  me                                                              
greatly  that you  have legislative  branches  interceding in  the                                                              
judicial branch," he said.                                                                                                      
                                                                                                                                
SENATOR STOLTZE offered  his belief that many people  in the state                                                              
feel the  converse about a  trespass by  the courts on  many state                                                              
issues.                                                                                                                         
                                                                                                                                
CHAIR  MCGUIRE  said  Senator  Wielechowski   brings  up  a  valid                                                              
argument and  it's the challenge  to the countermand  movement. On                                                              
the other  hand, the constitution is  supposed to be a  living and                                                              
breathing document  that reflects social and  political movements.                                                              
She said  she believes  that people  that live  in states  and the                                                              
people  that  represent  them  are   closest  to  how  people  are                                                              
feeling. "Some  of those notions  we may  not like," but,  "on the                                                              
other hand,  the issue  of states having  more control  over their                                                              
lands  is huge."  For example,  it would  be much  easier for  the                                                              
State of Alaska  to solve its budget  deficit if it owned  more of                                                              
the land  within the boundaries of  the state. She also  cited the                                                              
King  Cove  road  as  a  searing  example  of  how  out  of  touch                                                              
Washington, D.C. is with life in Alaska.                                                                                        
                                                                                                                                
She said both sides  of this issue are valid, "but  this notion is                                                              
appealing to  me because I  think that there  is a point  that our                                                              
forefathers envisioned  that we would  all collectively  come back                                                              
together...and  reflect  on  some   of  these  things  and  decide                                                              
whether or not there is room for change."                                                                                       
                                                                                                                                
2:08:38 PM                                                                                                                    
SENATOR  COSTELLO   asked  who  from   Alaska  would  go   to  the                                                              
countermand  amendment  convention,  and what  happens  until  the                                                              
threshold number of states sign on.                                                                                             
                                                                                                                                
MR.  GEORGE explained  that the  procedures  for who  goes to  the                                                              
convention  from each state  is outlined  in SCR  4. It  creates a                                                              
delegate credential  committee, which would select  the delegates.                                                              
He noted that  under this bill, the delegate  credential committee                                                              
would expire on the 1st day of the 30th legislature.                                                                            
                                                                                                                                
He clarified  that the purpose of  a countermand convention  is to                                                              
countermand an  action, not to create  new law. They  are specific                                                              
to an  issue or  decision that  can garner  the support  of three-                                                              
fifths of the  legislatures in the U.S. to ratify.  Following that                                                              
approval,  the measure  is  returned to  Congress.  "So there's  a                                                              
lengthy process here, with checks," he said.                                                                                    
                                                                                                                                
SENATOR COSTELLO  asked how likely  it is that this  will actually                                                              
take place.                                                                                                                     
                                                                                                                                
2:12:22 PM                                                                                                                    
SENATOR  STOLTZE replied  it will  be a long  journey. Even  after                                                              
the  first  step it  will  be  more difficult  than  getting  five                                                              
people on the Supreme  Court to change a law in  the Constitution,                                                              
he said.                                                                                                                        
                                                                                                                                
MR.  GEORGE  added  that  this is  different  than  the  Electoral                                                              
College in  that these  delegates are  specifically bound  and can                                                              
be removed for cause.                                                                                                           
                                                                                                                                
SENATOR  COSTELLO asked  if  he reviewed  the  discussions of  the                                                              
framers  of the  Constitution when  forming  this option,  because                                                              
the  process of  making laws  wasn't  intended to  be easy.  "What                                                              
were the values being talked about?"                                                                                            
                                                                                                                                
2:14:25 PM                                                                                                                    
MR. GEORGE replied  it's important to remember that  Article V was                                                              
part of  the U.S.  Constitution from  the start.  He said  the U.S                                                              
Constitution has been  amended 27 times so it's an  avenue for the                                                              
people   to  effect   the   working   of  their   government.   He                                                              
acknowledged  that  the  process  for  the  countermand  amendment                                                              
convention is somewhat  uncharted so some of it  is theoretical in                                                              
nature.                                                                                                                         
                                                                                                                                
2:15:02 PM                                                                                                                    
CHAIR MCGUIRE  asked, "Is there anyone  in the room  that wouldn't                                                              
want to  attend if you  knew there was  an opportunity  to reflect                                                              
on  issues  like   this?"  She  expressed  appreciation   for  the                                                              
questions  from  Senator  Wielechowski and  Senator  Costello  and                                                              
opined that this is a conversation worth considering.                                                                           
                                                                                                                                
2:17:06 PM                                                                                                                    
SENATOR COGHILL said  it's a very high hurdle to  get 34 states to                                                              
agree  on any  issue.  He disagreed  with  the  comparison to  the                                                              
Supreme  Court  and  "hair  on fire"  moment  for  the  people  to                                                              
coalesce around  a single  idea. However,  it's important  to have                                                              
the tool  in place  and this lays  out the  rules. "This  is using                                                              
Article V the way it was intended," he said.                                                                                    
                                                                                                                                
CHAIR  MCGUIRE maintained  that it  was  the states  that led  the                                                              
home-grown idea  that slaves should  be emancipated; it  wasn't an                                                              
issue  of  the  federal government.  She  also  commented  on  the                                                              
initiative and  referendum process.  It was very  controversial in                                                              
1995 but the result  is that the fabric of society  has changed in                                                              
remarkable and progressive  ways. "It's not any  more radical than                                                              
this," she concluded.                                                                                                           
                                                                                                                                
2:22:17 PM                                                                                                                    
SENATOR WIELECHOWSKI  said he appreciates  the sentiments  and the                                                              
efforts of the  sponsor, but the history of nullification  in this                                                              
country is  long and  ugly. This  Republic was  set up  to protect                                                              
people  and the  Supreme  Court  often issues  unpopular  opinions                                                              
various  groups. While  some good  may  come out  of the  proposed                                                              
process,  it's  easy to  envision  a  different outcome  when  the                                                              
pendulum swings,  he said and cited  the Second Amendment  and Roe                                                              
v.  Wade.  He  closed  emphasizing  that  this  is  not  the  best                                                              
approach for  the state or  the country  to take; there  are other                                                              
established means.                                                                                                              
                                                                                                                                
2:23:42 PM                                                                                                                    
CHAIR MCGUIRE held SJR 15 in committee.                                                                                         
                                                                                                                                
            SCR 4-US COUNTERMAND CONVENTION DELEGATES                                                                       
                                                                                                                                
2:24:05 PM                                                                                                                    
CHAIR MCGUIRE announced the consideration of 4.                                                                                 
                                                                                                                                
2:24:16 PM                                                                                                                    
SENATOR BILL  STOLTZE, Alaska  State Legislature, Juneau,  Alaska,                                                              
sponsor  of  SCR  4,  deferred to  Mr.  George  to  introduce  the                                                              
legislation.                                                                                                                    
                                                                                                                                
DANIEL  GEORGE,   Staff,  Senator   Bill  Stoltze,  Alaska   State                                                              
Legislature,  Juneau,  Alaska, stated  that  SCR  4 lays  out  the                                                              
implementation process  for the Countermand  Amendment Convention.                                                              
He related that  this issue was brought by a constituent  and is a                                                              
grassroots  effort.  Other  states  interested  in  or  that  have                                                              
passed  similar legislation  include  New Mexico,  New  Hampshire,                                                              
Louisiana,  North Carolina,  North Dakota,  Utah and Oklahoma.  He                                                              
clarified that  the purpose  of this process  is to countermand  a                                                              
federal  decision  or law,  not  to create  new  law  that may  be                                                              
discriminatory. "We're  talking about a decision  that's been made                                                              
at the federal  level that you can  get a pretty high  majority of                                                              
states  to  agree that  it's  an  overreach  or  is in  excess  of                                                              
federal  power."  Whether or  not  the bar  is  high  enough is  a                                                              
question for the body to decide, he said.                                                                                       
                                                                                                                                
SENATOR   STOLTZE   thanked   the  committee   for   hearing   the                                                              
resolutions. He  concluded that this is  a modest first  step in a                                                              
process that  is more  deliberative by leaps  and bounds  than the                                                              
Supreme Court process.                                                                                                          
                                                                                                                                
CHAIR MCGUIRE opened public testimony.                                                                                          
                                                                                                                                
2:29:55 PM                                                                                                                    
MIKE   COONS,    National   Legislative   Director    of   Citizen                                                              
Initiatives, Palmer,  Alaska, stated support  for both SJR  15 and                                                              
SCR 4 and  expressed disappointment that the  resolutions wouldn't                                                              
be   passed   from   committee  today.   He   related   that   the                                                              
representative  from Pennsylvania  did a  good job  of laying  out                                                              
how the countermand  amendment could be used effectively.  He also                                                              
mentioned the  comment by  the governor of  Texas, related  to the                                                              
marriage ruling,  that five justices can change  the Constitution.                                                              
He recalled a  conversation with Senator Coghill,  and opined that                                                              
even  if  30  states don't  coalesce  around  a  specific  federal                                                              
action  within  the 18  month  timeframe,  it will  still  provide                                                              
impetus for  Congress to "do what  should have been done  to begin                                                              
with."                                                                                                                          
                                                                                                                                
He offered  his belief that the  entire process could  be complete                                                              
in six  months, because  "we have 38  energy producing  states, we                                                              
have 40  states with  concealed carry  shall-issue, [and]  we have                                                              
29 states  that have  filed suit against  Obama Care.  He referred                                                              
to Senator  Coghill's comment  about a "hair  on fire  moment, and                                                              
offered his  belief that the  country is  at that point.  He cited                                                              
Donald Trump  as an  example saying that  the anger nationwide  is                                                              
palatable.                                                                                                                      
                                                                                                                                
He encouraged the  committee to pass the legislation  today. "As a                                                              
point of  pride as an  Alaskan and as  an American, I  really want                                                              
to see Alaska leading the way on this," he said.                                                                                
                                                                                                                                
2:37:26 PM                                                                                                                    
CHAIR MCGUIRE  stated that she would  hold SCR 4 in  committee and                                                              
bring it up for a vote next week.                                                                                               
                                                                                                                                
         HB 93-PROBATION AND PAROLE: WORK, TRAVEL ACCOM.                                                                    
                                                                                                                                
2:37:32 PM                                                                                                                    
CHAIR MCGUIRE announced the consideration of HB 93.                                                                             
                                                                                                                                
2:37:50 PM                                                                                                                    
REPRESENTATIVE  CATHY TILTON,  Alaska  State Legislature,  Juneau,                                                              
Alaska,  sponsor  of HB  93,  introduced the  legislation  stating                                                              
that Alaska  has one  of the  highest rates  of recidivism  in the                                                              
nation. The Alaska Criminal Justice  Commission (ACJC) was created                                                              
to study  this issue and  their report indicated  that two  out of                                                              
three people released  from prison recidivate within  three years,                                                              
primarily  for probation  violations.  Over  10 years,  that  will                                                              
increase the  prison population by  1,416 for an added  total cost                                                              
of $78 million. HB 93 is intended to reduce those costs.                                                                        
                                                                                                                                
She reported  that the  ACJC report  states that incarceration  is                                                              
not  more  effective  at  reducing  recidivism  than  noncustodial                                                              
sanctions,  and  may  increase recidivism.  It  also  states  "the                                                              
likelihood of  violations diminishes  as offenders gain  stability                                                              
and demonstrate  longer term  success in  the community."  Experts                                                              
such as  Partners for Progress  have identified employment  as one                                                              
of the three components needed for successful reentry.                                                                          
                                                                                                                                
REPRESENTATIVE  TILTON highlighted that  the challenge  of gainful                                                              
employment  is the fact  that few  employers are  willing to  hire                                                              
someone who has  been in prison. A study from the  Urban Institute                                                              
showed  that  just  12.5  percent of  employers  would  accept  an                                                              
applicant with a criminal record.                                                                                               
                                                                                                                                
The intent of HB  93 is to help former inmates  become law-abiding                                                              
members of society,  to protect the public from  repeat offenders,                                                              
and  to  help reduce  the  cost  of recidivism.  The  bill  allows                                                              
probation  and parole  officers to  be  flexible to  probationers'                                                              
work  schedule when  prescribing  the  times a  probationer  shall                                                              
report.  It also  allows  reasonable travel  within  the state  as                                                              
long as  it is not  in conflict with  the terms and  conditions of                                                              
probation.  HB  93 also  allows  for  restitution. She  noted  the                                                              
letters of support from Partners for Progress and others.                                                                       
                                                                                                                                
SENATOR COSTELLO referenced  the language on page  2, lines 13-14,                                                              
and suggested  that different  language might  better achieve  the                                                              
goal of allowing more flexibility in the terms of probation.                                                                    
                                                                                                                                
2:45:20 PM                                                                                                                    
CHRISTOPHER  CLARK, Staff,  Representative  Cathy Tilton,  sponsor                                                              
of HB 93, suggested Carrie Belden respond to the question.                                                                      
                                                                                                                                
SENATOR  COGHILL  explained that  the  court  sets the  terms  and                                                              
conditions  and   the  probation  officers  carry   them  out.  He                                                              
observed  that  the  bill  is  asking   for  more  flexibility  to                                                              
accommodate travel within the state for work.                                                                                   
                                                                                                                                
CHAIR MCGUIRE asked Ms. Belden to address the question.                                                                         
                                                                                                                                
2:46:40 PM                                                                                                                    
CARRIE  BELDEN,  Director,  Division   of  Probation  and  Parole,                                                              
Department  of  Corrections (DOC),  Anchorage,  Alaska,  confirmed                                                              
that  probation  and parole  officers  (POs)  receive  supervision                                                              
conditions from  the court and the  Parole Board. She said  POs do                                                              
encourage employment;  it's considered a protective  factor and is                                                              
important   for  success.   DOC  recognizes   the  importance   of                                                              
employment and frequently issues travel passes.                                                                                 
                                                                                                                                
SENATOR  COSTELLO  questioned whether  the  language  in the  bill                                                              
actually takes  care of the travel  issue. She also asked  why the                                                              
flexibility  isn't in the  terms and  conditions of the  probation                                                              
itself.                                                                                                                         
                                                                                                                                
MR. CLARK  directed  attention to  a legal opinion  that said  the                                                              
language  was crafted  to allow  some  flexibility for  the PO  to                                                              
determine whether  or not travel was  in the best interest  of the                                                              
parolee.                                                                                                                        
                                                                                                                                
2:50:10 PM                                                                                                                    
MS. BELDEN  said someone  who is  living in a  village can  get an                                                              
instate travel pass  without physically coming to  the office, but                                                              
there are more rules  for out-of-state travel. POs also  try to do                                                              
home  visits  for  people  living in  rural  locations  and  those                                                              
probationers and parolees  can get a travel pass  then. She agreed                                                              
with  Mr. Clark  that  the  court and  the  Parole  Board set  the                                                              
conditions for  probation and parole,  but the PO has  latitude as                                                              
to whether or not to issue the travel pass.                                                                                     
                                                                                                                                
2:52:44 PM                                                                                                                    
SENATOR COSTELLO asked to hear from a parole officer.                                                                           
                                                                                                                                
CHAIR MCGUIRE said she would accommodate the request.                                                                           
                                                                                                                                
SENATOR  WIELECHOWSKI  asked the  sponsor  if she  had  considered                                                              
expanding  the travel to  allow for  educational opportunities  or                                                              
training.                                                                                                                       
                                                                                                                                
REPRESENTATIVE TILTON said she would look into that.                                                                            
                                                                                                                                
CHAIR  MCGUIRE  asked Ms.  Belden  if  she  had an  opinion  about                                                              
allowing  travel  for education  or  training purposes.  She  also                                                              
asked  her  to  offer  testimony   next  week  on  behalf  of  the                                                              
department about any subjects that may be relevant.                                                                             
                                                                                                                                
MS.  BELDEN stated  support for  allowing  travel for  educational                                                              
opportunities  or training  purposes. At probation  and parole  we                                                              
consider education,  training, and employment  productive factors,                                                              
she said.                                                                                                                       
                                                                                                                                
SENATOR  WIELECHOWSKI  suggested  all  parties  work  together  on                                                              
suggested language.                                                                                                             
                                                                                                                                
2:55:11 PM                                                                                                                    
TRAVIS  LEWIS,   Vice  President,  Alaskans  for   Alaska,  Hoonah                                                              
Alaska, said  he grew up  in Elfin Cove and  knows a lot  of young                                                              
people  from  rural areas  who  are  under probation  and  parole.                                                              
Because  there is no  mechanism to  check in  locally, they  often                                                              
end  up in  a  halfway  house or  Lemon  Creek even  though  their                                                              
violations  are relatively  minor.  He cited  examples of  fishing                                                              
violations or missing a court date.                                                                                             
                                                                                                                                
MR. LEWIS said  he's in full support  of the spirit of  HB 93, but                                                              
would  like  to  see  more  cooperation  between  DOC  and  Public                                                              
Safety.  The community's  chief of  police,  mayor, tribal  chief,                                                              
fire department,  and  harbor master  all agree  they could  put a                                                              
lot of  the violators  to work  on the  island instead  of sending                                                              
them  to  jail on  a  probation  violation.  He relayed  that  his                                                              
community has a  SEARHC clinic that can do drug  tests and alcohol                                                              
counseling, but there  is no mechanism between the  state and city                                                              
to allow for this common sense approach.                                                                                        
                                                                                                                                
2:59:39 PM                                                                                                                    
CHAIR MCGUIRE closed  public testimony on HB 93 and  held the bill                                                              
in committee.                                                                                                                   
                                                                                                                                
^Confirmation Hearings                                                                                                          
                      CONFIRMATION HEARINGS                                                                                 
                                                                                                                                
2:59:49 PM                                                                                                                    
CHAIR MCGUIRE  stated that  in accordance  with AS 24.60.130,  the                                                              
Senate  Judiciary Standing  Committee reviewed  the following  and                                                              
recommends the  appointments be forwarded  to a joint  session for                                                              
consideration:  H. Conner  Thomas  and Gary  J.  Turner as  public                                                              
members  for  the  Select Committee  on  Legislative  Ethics.  She                                                              
reminded  members  that  this  does  not  reflect  intent  by  any                                                              
members  to   vote  for  or   against  the  confirmation   of  the                                                              
individuals  during any further  sessions.  Hearing and seeing  no                                                              
objection, she said the names would be forwarded.                                                                               
                                                                                                                                
3:00:24 PM                                                                                                                    
There  being no  further business  to come  before the  committee,                                                              
Chair McGuire  adjourned the  Senate Judiciary Standing  Committee                                                              
meeting at 3:00 p.m.                                                                                                            

Document Name Date/Time Subjects
Resume-Gary J Turner 2016.pdf SJUD 2/3/2016 1:30:00 PM
Turner Bio Updated Nov 2015.pdf SJUD 2/3/2016 1:30:00 PM
CSHB 93.pdf SJUD 2/3/2016 1:30:00 PM
HB 93
fiscalNote DOA CSHB 93.pdf SJUD 2/3/2016 1:30:00 PM
HB 93
fiscalNote DOC CSHB 93.pdf SJUD 2/3/2016 1:30:00 PM
HB 93
Sectional Analysis CSHB 93.pdf SJUD 2/3/2016 1:30:00 PM
HB 93
Conner Thomas Resume.pdf SJUD 2/3/2016 1:30:00 PM
CS SCR 4.pdf SJUD 2/3/2016 1:30:00 PM
CS SJR 15.pdf SJUD 2/3/2016 1:30:00 PM
fiscalNote SCR 4.pdf SJUD 2/3/2016 1:30:00 PM
fiscalNote SJR 15.pdf SJUD 2/3/2016 1:30:00 PM