Legislature(2019 - 2020)BELTZ 105 (TSBldg)

04/22/2019 06:00 PM JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Please Note Time --
+= SB 52 ALCOHOLIC BEVERAGE CONTROL; ALCOHOL REG TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled: TELECONFERENCED
+= SJR 3 CONST. AM: MEMBERSHIP OF JUDICIAL COUNCIL TELECONFERENCED
Moved SJR 3 Out of Committee
+= SJR 4 CONST. AM: STATE TAX; INTIATIVE TELECONFERENCED
Moved CSSJR 4(JUD) Out of Committee
+= SB 33 ARREST;RELEASE;SENTENCING;PROBATION TELECONFERENCED
Moved CSSB 33(JUD) Out of Committee
+= SB 34 PROBATION; PAROLE; SENTENCES; CREDITS TELECONFERENCED
Moved CSSB 34(JUD) Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         April 22, 2019                                                                                         
                           6:03 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Shelley Hughes, Chair                                                                                                   
Senator Lora Reinbold, Vice Chair                                                                                               
Senator Peter Micciche                                                                                                          
Senator Jesse Kiehl                                                                                                             
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Mike Shower                                                                                                             
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Representative Andy Josephson                                                                                                   
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE JOINT RESOLUTION NO. 3                                                                                                   
Proposing  an  amendment to  the  Constitution  of the  State  of                                                               
Alaska relating to the membership of the judicial council.                                                                      
                                                                                                                                
     - MOVED SJR 3 OUT OF COMMITTEE                                                                                             
                                                                                                                                
SENATE JOINT RESOLUTION NO. 4                                                                                                   
Proposing amendments to  the Constitution of the  State of Alaska                                                               
prohibiting the  establishment of,  or increase  to, a  state tax                                                               
without the approval of the voters  of the state; and relating to                                                               
the initiative process.                                                                                                         
                                                                                                                                
     - MOVED CSSJR 4(JUD) OUT OF COMMITTEE                                                                                      
                                                                                                                                
SENATE BILL NO. 33                                                                                                              
"An  Act relating  to pretrial  release; relating  to sentencing;                                                               
relating  to  treatment  program   credit  toward  service  of  a                                                               
sentence  of  imprisonment;  relating to  electronic  monitoring;                                                               
amending  Rules   38.2  and  45(d),  Alaska   Rules  of  Criminal                                                               
Procedure; and providing for an effective date."                                                                                
                                                                                                                                
     - MOVED CSSB 33(JUD) OUT OF COMMITTEE                                                                                      
                                                                                                                                
SENATE BILL NO. 34                                                                                                              
"An Act  relating to  probation; relating  to a  program allowing                                                               
probationers to  earn credits for  complying with  the conditions                                                               
of  probation;  relating  to   early  termination  of  probation;                                                               
relating to  parole; relating to  a program allowing  parolees to                                                               
earn  credits  for  complying  with  the  conditions  of  parole;                                                               
relating to early termination of  parole; relating to eligibility                                                               
for discretionary  parole; relating  to good time;  and providing                                                               
for an effective date."                                                                                                         
                                                                                                                                
     - MOVED CSSB 34(JUD) OUT OF COMMITTEE                                                                                      
                                                                                                                                
SENATE BILL NO. 52                                                                                                              
"An  Act  relating  to  alcoholic   beverages;  relating  to  the                                                               
regulation  of  manufacturers,   wholesalers,  and  retailers  of                                                               
alcoholic  beverages;  relating  to licenses,  endorsements,  and                                                               
permits  involving   alcoholic  beverages;  relating   to  common                                                               
carrier  approval to  transport or  deliver alcoholic  beverages;                                                               
relating  to the  Alcoholic Beverage  Control Board;  relating to                                                               
offenses  involving  alcoholic  beverages; amending  Rule  17(h),                                                               
Alaska Rules  of Minor  Offense Procedure;  and providing  for an                                                               
effective date."                                                                                                                
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SJR 3                                                                                                                   
SHORT TITLE: CONST. AM: MEMBERSHIP OF JUDICIAL COUNCIL                                                                          
SPONSOR(s): SENATOR(s) SHOWER                                                                                                   
                                                                                                                                
01/16/19       (S)       PREFILE RELEASED 1/7/19                                                                                
01/16/19       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/16/19       (S)       JUD, FIN                                                                                               
04/12/19       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/12/19       (S)       Heard & Held                                                                                           
04/12/19       (S)       MINUTE(JUD)                                                                                            
04/15/19       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/15/19       (S)       Heard & Held                                                                                           
04/15/19       (S)       MINUTE(JUD)                                                                                            
04/17/19       (S)       JUD AT 6:00 PM BELTZ 105 (TSBldg)                                                                      
04/17/19       (S)       -- MEETING CANCELED --                                                                                 
04/19/19       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/19/19       (S)       Scheduled but Not Heard                                                                                
04/22/19       (S)       JUD AT 6:00 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: SJR 4                                                                                                                   
SHORT TITLE: CONST. AM: STATE TAX; INTIATIVE                                                                                    
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
01/30/19       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/30/19       (S)       STA, JUD, FIN                                                                                          
03/26/19       (S)       STA AT 1:30 PM BUTROVICH 205                                                                           
03/26/19       (S)       Heard & Held                                                                                           
03/26/19       (S)       MINUTE(STA)                                                                                            
03/27/19       (S)       STA AT 6:00 PM BUTROVICH 205                                                                           
03/27/19       (S)       Heard & Held                                                                                           
03/27/19       (S)       MINUTE(STA)                                                                                            
03/28/19       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
03/28/19       (S)       Moved CSSJR 4(STA) Out of Committee                                                                    
03/28/19       (S)       MINUTE(STA)                                                                                            
03/29/19       (S)       STA RPT CS 5NR SAME TITLE                                                                              
03/29/19       (S)       NR:    SHOWER,    REINBOLD,    MICCICHE,                                                               
                         COGHILL, KAWASAKI                                                                                      
04/01/19       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/01/19       (S)       Scheduled but Not Heard                                                                                
04/03/19       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/03/19       (S)       Heard & Held                                                                                           
04/03/19       (S)       MINUTE(JUD)                                                                                            
04/03/19       (S)       JUD AT 6:00 PM BELTZ 105 (TSBldg)                                                                      
04/03/19       (S)       Heard & Held                                                                                           
04/03/19       (S)       MINUTE(JUD)                                                                                            
04/15/19       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/15/19       (S)       Heard & Held                                                                                           
04/15/19       (S)       MINUTE(JUD)                                                                                            
04/17/19       (S)       JUD AT 6:00 PM BELTZ 105 (TSBldg)                                                                      
04/17/19       (S)       -- MEETING CANCELED --                                                                                 
04/19/19       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/19/19       (S)       Heard & Held                                                                                           
04/19/19       (S)       MINUTE(JUD)                                                                                            
04/22/19       (S)       JUD AT 6:00 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: SB 33                                                                                                                   
SHORT TITLE: ARREST;RELEASE;SENTENCING;PROBATION                                                                                
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
01/23/19       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/23/19       (S)       STA, JUD, FIN                                                                                          
02/07/19       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
02/07/19       (S)       Heard & Held                                                                                           
02/07/19       (S)       MINUTE(STA)                                                                                            
02/14/19       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
02/14/19       (S)       Heard & Held                                                                                           
02/14/19       (S)       MINUTE(STA)                                                                                            
02/19/19       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
02/19/19       (S)       Heard & Held                                                                                           
02/19/19       (S)       MINUTE(STA)                                                                                            
02/21/19       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
02/21/19       (S)       Heard & Held                                                                                           
02/21/19       (S)       MINUTE(STA)                                                                                            
03/12/19       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
03/12/19       (S)       Heard & Held                                                                                           
03/12/19       (S)       MINUTE(STA)                                                                                            
03/14/19       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
03/14/19       (S)       Heard & Held                                                                                           
03/14/19       (S)       MINUTE(STA)                                                                                            
03/19/19       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
03/19/19       (S)       Moved CSSB 33(STA) Out of Committee                                                                    
03/19/19       (S)       MINUTE(STA)                                                                                            
03/20/19       (S)       STA RPT CS  3DP 2AM NEW TITLE                                                                          
03/20/19       (S)       DP: SHOWER, REINBOLD, MICCICHE                                                                         
03/20/19       (S)       AM: COGHILL, KAWASAKI                                                                                  
03/21/19       (S)       STA AT 1:30 PM BUTROVICH 205                                                                           
03/21/19       (S)       <Bill Hearing Canceled>                                                                                
03/25/19       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/25/19       (S)       Heard & Held                                                                                           
03/25/19       (S)       MINUTE(JUD)                                                                                            
04/19/19       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/19/19       (S)       Heard & Held                                                                                           
04/19/19       (S)       MINUTE(JUD)                                                                                            
04/22/19       (S)       JUD AT 6:00 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: SB  34                                                                                                                  
SHORT TITLE: PROBATION; PAROLE; SENTENCES; CREDITS                                                                              
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
01/23/19       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/23/19       (S)       STA, FIN                                                                                               
02/07/19       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
02/07/19       (S)       Heard & Held                                                                                           
02/07/19       (S)       MINUTE(STA)                                                                                            
02/11/19       (S)       JUD REFERRAL ADDED AFTER STA                                                                           
02/12/19       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
02/12/19       (S)       Heard & Held                                                                                           
02/12/19       (S)       MINUTE(STA)                                                                                            
02/14/19       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
02/14/19       (S)       Heard & Held                                                                                           
02/14/19       (S)       MINUTE(STA)                                                                                            
02/19/19       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
02/19/19       (S)       Heard & Held                                                                                           
02/19/19       (S)       MINUTE(STA)                                                                                            
02/21/19       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
02/21/19       (S)       Heard & Held                                                                                           
02/21/19       (S)       MINUTE(STA)                                                                                            
02/26/19       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
02/26/19       (S)       Heard & Held                                                                                           
02/26/19       (S)       MINUTE(STA)                                                                                            
02/28/19       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
02/28/19       (S)       Moved CSSB 34(STA) Out of Committee                                                                    
02/28/19       (S)       MINUTE(STA)                                                                                            
03/01/19       (S)       STA RPT CS  3DP 1DNP SAME TITLE                                                                        
03/01/19       (S)       DP: SHOWER, REINBOLD, MICCICHE                                                                         
03/01/19       (S)       DNP: COGHILL                                                                                           
03/01/19       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/01/19       (S)       Scheduled but Not Heard                                                                                
03/04/19       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/04/19       (S)       Heard & Held                                                                                           
03/04/19       (S)       MINUTE(JUD)                                                                                            
03/06/19       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/06/19       (S)       Scheduled but Not Heard                                                                                
03/08/19       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/08/19       (S)       Heard & Held                                                                                           
03/08/19       (S)       MINUTE(JUD)                                                                                            
03/20/19       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/20/19       (S)       <Bill Hearing Canceled>                                                                                
03/22/19       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/22/19       (S)       <Bill Hearing Canceled>                                                                                
04/22/19       (S)       JUD AT 6:00 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: SB 52                                                                                                                   
SHORT TITLE: ALCOHOLIC BEVERAGE CONTROL; ALCOHOL REG                                                                            
SPONSOR(s): MICCICHE                                                                                                            
                                                                                                                                
02/11/19       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/11/19       (S)       L&C, JUD, FIN                                                                                          
03/26/19       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/26/19       (S)       Heard & Held                                                                                           
03/26/19       (S)       MINUTE(L&C)                                                                                            
03/28/19       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/28/19       (S)       Heard & Held                                                                                           
03/28/19       (S)       MINUTE(L&C)                                                                                            
04/02/19       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/02/19       (S)       Heard & Held                                                                                           
04/02/19       (S)       MINUTE(L&C)                                                                                            
04/04/19       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/04/19       (S)       -- MEETING CANCELED --                                                                                 
04/09/19       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/09/19       (S)       Heard & Held                                                                                           
04/09/19       (S)       MINUTE(L&C)                                                                                            
04/11/19       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/11/19       (S)       Heard & Held                                                                                           
04/11/19       (S)       MINUTE(L&C)                                                                                            
04/16/19       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/16/19       (S)       Moved CSSB 52(L&C) Out of Committee                                                                    
04/16/19       (S)       MINUTE(L&C)                                                                                            
04/17/19       (S)       L&C RPT CS FORTHCOMING 4DP                                                                             
04/17/19       (S)       DP: REINBOLD, COSTELLO, BIRCH, BISHOP                                                                  
04/17/19       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/17/19       (S)       -- MEETING CANCELED --                                                                                 
04/17/19       (S)       JUD AT 6:00 PM BELTZ 105 (TSBldg)                                                                      
04/17/19       (S)       -- MEETING CANCELED --                                                                                 
04/19/19       (S)       L&C CS RECEIVED SAME TITLE                                                                             
04/22/19       (S)       JUD AT 6:00 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
BUDDY WHITT, Staff                                                                                                              
Senator Shelley Hughes                                                                                                          
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Presented the changes in the proposed                                                                     
committee substitute (CS) for SB 33, Version U, on behalf of                                                                    
Chair Hughes.                                                                                                                   
                                                                                                                                
JOHN SKIDMORE, Director                                                                                                         
Criminal Division                                                                                                               
Central Office                                                                                                                  
Department of Law                                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Answered questions during the hearing on SB                                                               
33.                                                                                                                             
                                                                                                                                
NANCY MEADE, General Counsel                                                                                                    
Administrative Offices                                                                                                          
Alaska Court System                                                                                                             
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified and answered questions during the                                                               
hearing on SB 33.                                                                                                               
                                                                                                                                
REGINA LARGENT, Staff                                                                                                           
Senator Shelley Hughes                                                                                                          
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Answered questions on the proposed committee                                                              
substitute (CS) for SB 34, Version K, on behalf of Chair Hughes.                                                                
                                                                                                                                
KACI SCHROEDER, Assistant Attorney General                                                                                      
Criminal Division                                                                                                               
Central Office                                                                                                                  
Department of Law                                                                                                               
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Answered questions during the hearing on SB                                                               
34, Version K.                                                                                                                  
                                                                                                                                
NANCY MEADE, General Counsel                                                                                                    
Administrative Offices                                                                                                          
Alaska Court System                                                                                                             
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified and answered questions during the                                                               
discussion of SB 34.                                                                                                            
                                                                                                                                
JENNIFER WINKELMAN, Director                                                                                                    
Division of Probation and Parole                                                                                                
Department of Corrections                                                                                                       
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Answered questions during the hearing on SB                                                               
34.                                                                                                                             
                                                                                                                                
JEFF EDWARDS, Director                                                                                                          
Parole Board                                                                                                                    
Department of Corrections                                                                                                       
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Answered questions during the hearing on SB                                                               
34.                                                                                                                             
                                                                                                                                
ANNA BRAWLEY, Title 4 Project Review Coordinator                                                                                
and Senior Associate                                                                                                            
Agnew Beck Consulting                                                                                                           
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Presented a PowerPoint on behalf of Senator                                                               
Micciche, sponsor of SB 52.                                                                                                     
                                                                                                                                
EDRA MORLEDGE, Staff                                                                                                            
Senator Peter Micciche                                                                                                          
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Presented a sectional analysis on behalf of                                                               
Senator Micciche, sponsor of SB 52.                                                                                             
                                                                                                                                
ERIKA MCCONNELL, Director                                                                                                       
Alcohol and Marijuana Control Office (AMCO)                                                                                     
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Answered questions during the  hearing on SB                                                             
52.                                                                                                                             
                                                                                                                                
TIFFANY HALL, Executive Director                                                                                                
Recover Alaska                                                                                                                  
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified during the hearing on SB 52.                                                                    
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
6:03:38 PM                                                                                                                    
CHAIR  SHELLEY  HUGHES  called   the  Senate  Judiciary  Standing                                                             
Committee meeting  to order at 6:03  p.m. Present at the  call to                                                               
order were Senators Reinbold, Kiehl, Micciche and Chair Hughes.                                                                 
                                                                                                                                
CHAIR HUGHES made opening remarks.                                                                                              
                                                                                                                                
        SJR 3-CONST. AM: MEMBERSHIP OF JUDICIAL COUNCIL                                                                     
                                                                                                                                
6:05:11 PM                                                                                                                    
CHAIR HUGHES announced that the  first order of business would be                                                               
SENATE  JOINT RESOLUTION  NO. 3,  Proposing an  amendment to  the                                                               
Constitution of  the State of  Alaska relating to  the membership                                                               
of the judicial council.                                                                                                        
                                                                                                                                
6:05:29 PM                                                                                                                    
SENATOR REINBOLD moved  to report SJR 3,  work order 31-LS0268\A,                                                               
from  committee  with  individual  recommendations  and  attached                                                               
fiscal note(s).                                                                                                                 
                                                                                                                                
SENATOR KIEHL objected.                                                                                                         
                                                                                                                                
6:05:42 PM                                                                                                                    
A  roll call  vote was  taken. Senators  Micciche, Reinbold,  and                                                               
Hughes  voted in  favor of  reporting  SJR 3  from committee  and                                                               
Senator Kiehl voted  against it. Therefore, SJR 3  moved from the                                                               
Senate Judiciary Standing Committee by a 3:1 vote.                                                                              
                                                                                                                                
             SJR 4-CONST. AM: STATE TAX; INTIATIVE                                                                          
                                                                                                                                
6:06:15 PM                                                                                                                    
CHAIR HUGHES announced  that the next order of  business would be                                                               
SENATE  JOINT  RESOLUTION  NO. 4,  Proposing  amendments  to  the                                                               
Constitution   of   the   State   of   Alaska   prohibiting   the                                                               
establishment  of,  or  increase  to, a  state  tax  without  the                                                               
approval  of  the  voters  of  the state;  and  relating  to  the                                                               
initiative process.                                                                                                             
                                                                                                                                
[CSSJR 4(STA), Version U as amended, was before the committee.]                                                                 
                                                                                                                                
6:08:06 PM                                                                                                                    
SENATOR REINBOLD  moved to report  SJR 4, work  order 31-GS1071\U                                                               
as amended,  from committee  with individual  recommendations and                                                               
attached fiscal note.                                                                                                           
                                                                                                                                
SENATOR KIEHL objected.                                                                                                         
                                                                                                                                
6:08:21 PM                                                                                                                    
A  roll call  vote  was taken.  Senator  Micciche, Reinbold,  and                                                               
Hughes  voted in  favor  of  reporting SJR  4,  as amended,  from                                                               
committee and  Senator Kiehl voted  against it.  Therefore, CSSJR                                                               
4(JUD) was reported from the  Senate Judiciary Standing Committee                                                               
by a 3:1 vote.                                                                                                                  
                                                                                                                                
           SB 33-ARREST;RELEASE;SENTENCING;PROBATION                                                                        
                                                                                                                                
6:08:51 PM                                                                                                                    
CHAIR HUGHES announced  that the next order of  business would be                                                               
SENATE  BILL  NO.  33,  "An Act  relating  to  pretrial  release;                                                               
relating  to sentencing;  relating  to  treatment program  credit                                                               
toward  service  of  a  sentence  of  imprisonment;  relating  to                                                               
electronic  monitoring; amending  Rules  38.2  and 45(d),  Alaska                                                               
Rules  of  Criminal Procedure;  and  providing  for an  effective                                                               
date."                                                                                                                          
                                                                                                                                
[The committee  adopted the work  draft CSSB 33(JUD),  Version U,                                                               
on 4/19/19 and considered Amendments 1-6.]                                                                                      
                                                                                                                                
6:10:44 PM                                                                                                                    
At-ease.                                                                                                                        
                                                                                                                                
6:11:50 PM                                                                                                                    
SENATOR  HUGHES  reconvened  the   meeting  and  moved  to  adopt                                                               
Amendment 7, work order 31-GS1030\U.7, Radford, 4/19/19.                                                                        
                                                                                                                                
                          Amendment 7                                                                                       
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                    BY SENATOR HUGHES                                                                 
     TO:  CSSB 33(JUD), Draft Version "U"                                                                                       
                                                                                                                                
                                                                                                                                
     Page 10, line 3, following "if":                                                                                           
          Insert ", before trial,"                                                                                              
                                                                                                                                
SENATOR REINBOLD objected for discussion purposes.                                                                              
                                                                                                                                
6:12:04 PM                                                                                                                    
BUDDY  WHITT,   Staff,  Senator  Shelley  Hughes,   Alaska  State                                                               
Legislature,  Juneau,  presented  the changes  in  the  committee                                                               
substitute (CS)  for SB 33,  Version U. He directed  attention to                                                               
page  10, Section  15  of SB  33, Version  U.  He explained  that                                                               
[subsection  (d)] was  added  because  several committee  members                                                               
recognized the  importance of notifying victims  when a defendant                                                               
is  released   or  discharged  from   a  treatment   program  for                                                               
noncompliance.   He  said   the   language  specifies   mandatory                                                               
notification, but not that the  notification pertains only to the                                                               
pretrial phase.  In response to  Chair Hughes, he said  that Kaci                                                               
Schroeder, Department  of Law (DOL),  requested this  language be                                                               
added  to  indicate  that   mandatory  notification  pertains  to                                                               
defendants in the pretrial phase.                                                                                               
                                                                                                                                
6:13:16 PM                                                                                                                    
SENATOR REINBOLD  said she preferred the  broader language, which                                                               
would mean  that the department  would notify victims  whenever a                                                               
defendant is  noncompliant. She said  she will  support Amendment                                                               
7.  However,   she  said  that   she  supports   notification  of                                                               
noncompliance, whether it is the pretrial or post-trial phase.                                                                  
                                                                                                                                
CHAIR  HUGHES clarified  that ten  years later,  the DOL  may not                                                               
have  the contact  information  for the  victim  even though  the                                                               
victim may  consider the defendant  as an offender [but  the case                                                               
is closed].  Therefore, notification  is limited to  the pretrial                                                               
phase in this bill.                                                                                                             
                                                                                                                                
MR.  WHITT offered  his belief  that the  committee added  victim                                                               
notification  in  a  previous  crime bill  related  to  the  VINE                                                               
[Victim Information  and Notification Everyday]  system. Further,                                                               
victims have the ability to obtain protective orders, he said.                                                                  
                                                                                                                                
6:15:13 PM                                                                                                                    
JOHN  SKIDMORE,  Division  Director, Criminal  Division,  Central                                                               
Office,  Department  of Law,  Anchorage,  said  that without  the                                                               
language  in  Amendment  7,  the   Department  of  Law  would  be                                                               
responsible for  providing victim  notification not just  when an                                                               
offender is noncompliant  for failing to complete  treatment in a                                                               
pretrial setting,  but also while  the offenders are  in custody.                                                               
This could  pertain to actions that  the DOL may not  know about,                                                               
he  said.  For example,  it  could  apply  to offenders  who  are                                                               
noncompliant during  the period of probation  or parole. Although                                                               
the department is  involved in probation matters, the  DOL is not                                                               
involved in parole violations since  those violations would go to                                                               
the  Parole  Board  for  consideration.  Further,  as  previously                                                               
noted,  if  treatment was  continued  beyond  probation, the  DOL                                                               
would  not have  access to  that information.  Thus, it  would be                                                               
very difficult  for the  DOL to  provide notification  to victims                                                               
for those  timeframes. The department is  not currently notifying                                                               
victims  of  all  probation  and parole  hearings,  he  said.  If                                                               
additional  notification is  added in  this bill,  the department                                                               
would need to  add a fiscal note to reflect  its costs. Since the                                                               
DOL  should  already  be   providing  notification  for  pretrial                                                               
activity,  it does  not need  a fiscal  note to  reflect pretrial                                                               
notification, he said.                                                                                                          
                                                                                                                                
6:16:50 PM                                                                                                                    
SENATOR  REINBOLD  asked if  notification  was  added in  another                                                               
crime  bill for  the VINE  system when  offenders are  discharged                                                               
from a treatment program for noncompliance.                                                                                     
                                                                                                                                
MR.  SKIDMORE  asked if  she  was  asking whether  VINE  notifies                                                               
victims when offenders are noncompliant with treatment programs.                                                                
                                                                                                                                
MR.  WHITT  clarified  that he  merely  referenced  other  victim                                                               
notification  items the  committee  has worked  on. He  explained                                                               
that the  VINE system  is used when  offenders are  released from                                                               
prison,  not  for  those  who are  discharged  from  a  treatment                                                               
program. In this  context, notification to victims  is limited to                                                               
offenders in  the pretrial phase, he  said. He did not  intend to                                                               
imply that  the VINE system  notifies victims when  offenders are                                                               
involuntarily discharged from a treatment program.                                                                              
                                                                                                                                
6:18:02 PM                                                                                                                    
SENATOR REINBOLD said she would  support Amendment 7. She offered                                                               
her  belief that  it  would be  helpful for  victims  to know  if                                                               
someone is  discharged from  treatment for  noncompliance because                                                               
the victim  could be a  target It is  also important to  know the                                                               
outcomes of programs since the  state is investing money in them,                                                               
she said.                                                                                                                       
                                                                                                                                
MR.  SKIDMORE  replied  that  the  department  does  not  have  a                                                               
position on  whether that  type of  notification should  be done.                                                               
However, the  DOL may  not be the  appropriate entity  to provide                                                               
that type of  notification if the committee chose  to require it.                                                               
Further, additional  notification would have a  fiscal impact for                                                               
the department. He said he did not have an opinion on whether it                                                                
is a good or bad idea.                                                                                                          
                                                                                                                                
CHAIR HUGHES related  her understanding that the  DOL already can                                                               
provide notification  to victims  during the pretrial  phase. She                                                               
said   the  committee   will  continue   to  assess   the  victim                                                               
notification   process   and,   if  necessary,   add   additional                                                               
requirements for the parole and probation phases at some point.                                                                 
                                                                                                                                
SENATOR REINBOLD removed her objection.                                                                                         
                                                                                                                                
There being no further objection, Amendment 7 was adopted.                                                                      
                                                                                                                                
6:19:58 PM                                                                                                                    
SENATOR HUGHES moved to adopt Amendment 8, work order 31-                                                                       
GS1030\U.8, Radford, 4/20/19.                                                                                                   
                                                                                                                                
                          AMENDMENT 8                                                                                       
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                    BY SENATOR HUGHES                                                                 
     TO:  CSSB 33(JUD), Draft Version "U"                                                                                       
                                                                                                                                
     Page 1, line 10:                                                                                                           
          Delete "continue"                                                                                                     
          Insert ", the Department of Corrections, and the                                                                      
     Department of Public Safety, make continued"                                                                               
                                                                                                                                
     Page 15, line 7:                                                                                                           
          Delete "may [SHALL]"                                                                                              
          Insert "shall"                                                                                                        
                                                                                                                                
     Page 15, lines 8 - 12:                                                                                                     
          Delete "all hearings except for trial and                                                                         
     sentencings  [ARRAIGNMENT,  PLEAS, AND  NON-EVIDENTIARY                                                                
     BAIL  REVIEWS IN  TRAFFIC  AND  MISDEMEANOR CASES;  AND                                                                    
     INITIAL   APPEARANCE  HEARINGS,   NON-EVIDENTIARY  BAIL                                                                    
     REVIEWS,  AND NOT  GUILTY PLEA  ARRAIGNMENTS IN  FELONY                                                                    
     CASES]"                                                                                                                    
          Insert "arraignment, pleas, and non-evidentiary                                                                       
     bail  reviews in  traffic  and  misdemeanor cases;  and                                                                    
     initial   appearance  hearings,   non-evidentiary  bail                                                                    
     reviews,  and not  guilty plea  arraignments in  felony                                                                    
     cases"                                                                                                                     
                                                                                                                                
     Page 15, lines 13 - 14:                                                                                                    
          Delete "However, with [WITH]"                                                                                     
          Insert "With"                                                                                                         
                                                                                                                                
     Page 15, line 16, following "cases.":                                                                                      
          Insert "The court may order a defendant to appear                                                                 
       by contemporaneous two-way video conference at any                                                                   
     other hearings."                                                                                                       
                                                                                                                                
                                                                                                                                
SENATOR REINBOLD objected for discussion purposes.                                                                              
                                                                                                                                
MR.  WHITT  explained  that  the   Department  of  Law  (DOL)  in                                                               
conjunction  with the  Alaska Court  System  (ACS) requested  the                                                               
language   in    Amendment   8.    These   changes    relate   to                                                               
videoconferencing  for  arraignments   and  pleas.  The  specific                                                               
language would  read, "It is  the intent of the  legislature that                                                               
the Alaska Court  System, the Department of  Corrections, and the                                                               
Department  of  Public  Safety make  continued  efforts  to  find                                                               
efficiencies in the criminal justice  system and increase the use                                                               
of   contemporaneous  two-way   video  conference   for  pretrial                                                               
hearings whenever  possible." He referred  to the next  change on                                                               
page 15  of Section 25 to  amend Court Rule 38.2(b).  He reviewed                                                               
the specific language. The effect would be to expand use of two-                                                                
way   video  conferences   for  arraignment,   pleas,  and   non-                                                               
evidentiary  bail reviews  and not  guilty  plea arraignments  in                                                               
felony cases,  unless otherwise ordered  for cause stated  by the                                                               
presiding judge.  With the  defendant's consent,  sentencings may                                                               
be done  by video conferences  in traffic and  misdemeanor cases,                                                               
he  said. The  court  may also  order a  defendant  to appear  by                                                               
contemporaneous two-way video conference at any other hearings.                                                                 
                                                                                                                                
6:22:26 PM                                                                                                                    
SENATOR  MICCICHE  asked Mr.  Whitt  to  clarify the  terminology                                                               
change from "may" to "shall."                                                                                                   
                                                                                                                                
MR. WHITT referred to page 15,  line 7, and read, "In those court                                                               
locations  in which  a contemporaneous  two-way video  conference                                                               
system  has been  approved  by  the supreme  court  and has  been                                                               
installed,  in   custody  defendants  shall  appear   by  way  of                                                               
[contemporaneous two way video conference ?.]"                                                                                  
                                                                                                                                
CHAIR HUGHES stated that the language would return to "shall."                                                                  
                                                                                                                                
6:23:05 PM                                                                                                                    
SENATOR  REINBOLD expressed  interest in  another crime  bill, SB                                                               
32,  that  also contains  a  court  rule  change. She  asked  for                                                               
clarification  on whether  Court Rule  38.2 will  require a  two-                                                               
thirds vote in the Senate for passage.                                                                                          
                                                                                                                                
MR.  SKIDMORE  said   the  rule  says  that  if   the  change  is                                                               
substantive,  then a  two-thirds  vote is  required.  He said  he                                                               
believes  this change  would require  a two-thirds  majority vote                                                               
but he would defer to Ms. Meade.                                                                                                
                                                                                                                                
6:24:25 PM                                                                                                                    
NANCY  MEADE,  General  Counsel, Administrative  Offices,  Alaska                                                               
Court System,  Anchorage, responded  that this court  rule change                                                               
would require  a two-thirds majority  vote. She referred  to page                                                               
18, lines  15-17, of  Version K, which  indicates that  the court                                                               
rules  will only  take effect  if those  sections receive  a two-                                                               
thirds  majority  vote   from  each  body  as   required  by  the                                                               
Constitution  of the  State  of Alaska.  In  response to  Senator                                                               
Reinbold, she  said that  if sections  that require  a two-thirds                                                               
majority vote do  not receive it, those sections  would not pass,                                                               
but the remainder of the bill would become law.                                                                                 
                                                                                                                                
SENATOR REINBOLD said she was glad  to learn the rest of the bill                                                               
would pass even if the substantive court rule sections did not.                                                                 
                                                                                                                                
SENATOR KIEHL  related his understanding  that Amendment  8 would                                                               
amend Court  Rule 38.2 and  rename television  to contemporaneous                                                               
two-way video conference and would  insert the provision that the                                                               
court  may  order   a  defendant  to  appear   by  two-way  video                                                               
conference at any other hearings.                                                                                               
                                                                                                                                
MS. MEADE  confirmed that was the  change to the court  rule. She                                                               
said that  in SB 33, Sections  6-17 have the effect  of reverting                                                               
the language to what the  criminal rule currently reads. However,                                                               
it also  adds that the  court can  order defendants to  appear at                                                               
more hearings  by video conference,  which was the intent  of the                                                               
bill sponsor, she said.                                                                                                         
                                                                                                                                
SENATOR KIEHL asked which other hearings would be included.                                                                     
                                                                                                                                
MS.  MEADE answered  that pretrial  criminal hearings  can be  as                                                               
simple  as a  status conference,  but  also include  a number  of                                                               
other  hearings that  can occur  before a  trial, including  pre-                                                               
indictment  hearings.  She  said   that  Amendment  8  would  add                                                               
flexibility for  the court to  avoid transporting  defendants for                                                               
non-substantive  hearings. As  previously  mentioned, the  Alaska                                                               
Supreme Court  is very interested  in videoconferencing  and this                                                               
rule  prompted  the   Alaska  Court  System  to   work  with  the                                                               
Department  of  Law to  develop  language  amenable to  both  the                                                               
department and the court system.                                                                                                
                                                                                                                                
6:27:28 PM                                                                                                                    
SENATOR REINBOLD  asked whether  the changes  to Court  Rule 38.2                                                               
were substantial enough to require a two-thirds majority vote.                                                                  
                                                                                                                                
MS.  MEADE  responded  that  it  is not  whether  the  change  is                                                               
substantial,  but   rather  if  the  change   is  substantive  or                                                               
procedural. She  said these  court rules  are procedural  and for                                                               
the  legislature to  change them  requires a  two-thirds majority                                                               
vote. She offered her belief  that the Legislative Legal Services                                                               
attorney recognized that during the drafting process.                                                                           
                                                                                                                                
6:29:29 PM                                                                                                                    
SENATOR REINBOLD removed her objection.                                                                                         
                                                                                                                                
There being no further objection, Amendment 8 was adopted.                                                                      
                                                                                                                                
6:29:48 PM                                                                                                                    
SENATOR REINBOLD  moved to report  the committee  substitute (CS)                                                               
for SB  33, work  order 31-GS1030\U, Version  U as  amended, from                                                               
committee  with individual  recommendations  and attached  fiscal                                                               
note(s).                                                                                                                        
                                                                                                                                
SENATOR KIEHL objected.                                                                                                         
                                                                                                                                
6:30:09 PM                                                                                                                    
A  roll call  vote was  taken. Senators  Reinbold, Micciche,  and                                                               
Hughes voted  in favor  of reporting  the CSSB  33, Version  U as                                                               
amended,  from  committee and  Senator  Kiehl  voted against  it.                                                               
Therefore,  the  CSSB  33(JUD)   was  reported  from  the  Senate                                                               
Judiciary Standing Committee by a 3:1 vote.                                                                                     
                                                                                                                                
6:30:47 PM                                                                                                                    
At-ease.                                                                                                                        
                                                                                                                                
          SB  34-PROBATION; PAROLE; SENTENCES; CREDITS                                                                      
                                                                                                                                
6:33:07 PM                                                                                                                    
CHAIR HUGHES reconvened the meeting.  She announced that the next                                                               
order of business  would be SENATE BILL NO. 34,  "An Act relating                                                               
to  probation; relating  to a  program  allowing probationers  to                                                               
earn  credits for  complying with  the  conditions of  probation;                                                               
relating to  early termination of probation;  relating to parole;                                                               
relating  to a  program  allowing parolees  to  earn credits  for                                                               
complying  with  the  conditions  of parole;  relating  to  early                                                               
termination of parole; relating  to eligibility for discretionary                                                               
parole; relating  to good  time; and  providing for  an effective                                                               
date."                                                                                                                          
                                                                                                                                
She noted there was a new committee substitute.                                                                                 
                                                                                                                                
6:33:22 PM                                                                                                                    
SENATOR   REINBOLD  moved   to  adopt   the  proposed   committee                                                               
substitute  (CS)   for  SB  34,  labeled   31-GS1031\K,  Radford,                                                               
4/22/19, Version K, as the working document.                                                                                    
                                                                                                                                
CHAIR HUGHES objected for discussion purposes.                                                                                  
                                                                                                                                
6:33:58 PM                                                                                                                    
At-ease.                                                                                                                        
                                                                                                                                
CHAIR HUGHES reconvened the meeting.                                                                                            
                                                                                                                                
6:35:11 PM                                                                                                                    
MR.  WHITT  reviewed  the  changes   in  the  proposed  committee                                                               
substitute (CS) for SB 34, from Version U to K.                                                                                 
                                                                                                                                
6:35:27 PM                                                                                                                    
REGINA  LARGENT,  Staff,  Senator Shelley  Hughes,  Alaska  State                                                               
Legislature, Juneau,  testifying on  behalf of the  Chair Hughes,                                                               
introduced herself.                                                                                                             
                                                                                                                                
MR. WHITT reviewed  the first change in  the committee substitute                                                               
for SB 34, Version K.                                                                                                           
                                                                                                                                
     Title  Changes:  The following  has  been  added to  or                                                                    
     removed from the  title in order to  conform to changes                                                                    
     and added provisions;                                                                                                      
                                                                                                                                
     ? relating to restoration of a driver's license                                                                            
                                                                                                                                
6:35:39 PM                                                                                                                    
MR. WHITT reviewed Sections 4 and 5.                                                                                            
                                                                                                                                
     Sections  4  and  5:  Amends  AS  28.35.030(o)  and  AS                                                                    
     28.35.032(q) to allow the  Department of Motor Vehicles                                                                    
     to restore a person's  revoked driver's license when 10                                                                    
     years have elapsed since the  revocation and the person                                                                    
     has not  been convicted of any  criminal offense during                                                                    
     the intervening  10 years.  A license  revoked pursuant                                                                    
     to a conviction of  certain crimes against persons will                                                                    
     not  be  eligible  for restoration.  (Page  3  Line  14                                                                    
     through Page 4, Line 21)                                                                                                   
                                                                                                                                
MR. WHITT explained  that in current law if  someone is convicted                                                               
of  a felony  DUI and  the person's  license is  revoked, even  a                                                               
minor infraction would result in a lifetime revocation.                                                                         
                                                                                                                                
CHAIR HUGHES asked the record to  reflect that it was not a small                                                               
thing to drive without a  valid driver's license. She pointed out                                                               
that this provision would raise  the bar since a person convicted                                                               
of a  serious felony  not related to  driving could  have his/her                                                               
license restored. This provision  would expand revocations to all                                                               
criminal offenses but allow a reset with a 10-year clean record.                                                                
                                                                                                                                
6:38:09 PM                                                                                                                    
SENATOR  MICCICHE asked  whether this  would include  misdemeanor                                                               
offenses.                                                                                                                       
                                                                                                                                
MR. WHITT said he did not hear the question.                                                                                    
                                                                                                                                
CHAIR  HUGHES  related  her   understanding  that  this  language                                                               
currently includes misdemeanors and felonies.                                                                                   
                                                                                                                                
CHAIR HUGHES directed attention to page 3, line 23 of Version K.                                                                
                                                                                                                                
MR.  SKIDMORE  reviewed  the  language and  said  that  it  would                                                               
broaden  it  from  a  driving-related  criminal  offense  to  any                                                               
criminal offense. In further response,  he answered that it would                                                               
include misdemeanors and felonies.                                                                                              
                                                                                                                                
SENATOR REINBOLD  remarked that she  considered this to be  a big                                                               
change  since it  would  remove  "driving-related" offenses.  She                                                               
said this causes her pause.  She asked whether the administration                                                               
supports this change.                                                                                                           
                                                                                                                                
MR.  SKIDMORE said  he was  unsure  if the  administration has  a                                                               
position  on  this change  and  that  it  was  not a  change  the                                                               
Department of Law requested.                                                                                                    
                                                                                                                                
6:42:00 PM                                                                                                                    
CHAIR HUGHES related  her understanding that the  "clock gets set                                                               
once for 10  years," so a person with  a driving-related criminal                                                               
offense cannot obtain  a driver's license unless  the person goes                                                               
through the therapeutic court for  a subsequent driving under the                                                               
influence (DUI) offense.                                                                                                        
                                                                                                                                
She  stated that  she has  a conflict  of interest  until SB  89,                                                               
related to  legislative ethics passes  because she has  [a family                                                               
member who  interacts with  therapeutic courts].  She highlighted                                                               
the  concern  that  this  remedies. She  said  that  some  clinic                                                               
providers indicated that offenders  who attend therapeutic courts                                                               
can have  their licenses restored, but  other offenders indicated                                                               
the  only  way  that  they could  have  their  driver's  licenses                                                               
restored would  be to  commit another DUI  and have  that offense                                                               
referred to  the therapeutic  court. She remarked  that is  not a                                                               
good option and this language would remedy it.                                                                                  
                                                                                                                                
MR.  WHITT   emphasized  that  this   would  not   eliminate  the                                                               
department's discretion.  He directed  attention to page  3, line                                                               
19,  which  states  the  department   "may"  restore  a  person's                                                               
driver's license,  but the person  must meet  certain thresholds.                                                               
When  a person's  driver's  license  has been  revoked  due to  a                                                               
felony DUI or  other crime, a ten-year time clock  starts. At the                                                               
end of ten years, the person  would be eligible to apply, and the                                                               
department would  review the application,  he said.  However, the                                                               
department may or may not  restore the person's driver's license,                                                               
he  said. For  example,  a  "bad actor"  would  not  be issued  a                                                               
driver's license, he said.                                                                                                      
                                                                                                                                
6:44:44 PM                                                                                                                    
CHAIR HUGHES  referred to page  3, line  20, which read  "(A) the                                                               
license has been revoked for a  period of at least 10 years;" but                                                               
on page  3, line 26  it also  reads, "shall restore  the driver's                                                               
license if" and lists conditions that must be met.                                                                              
                                                                                                                                
6:45:26 PM                                                                                                                    
SENATOR  MICCICHE  related a  scenario  in  which a  person  lost                                                               
his/her driver's  license and makes  it to year nine  without any                                                               
criminal offense, but then shoots  a moose whose antlers are just                                                               
shy  of the  legal 50-inches.  He  offered his  belief that  this                                                               
provision is a huge change since  it does not limit it to felony.                                                               
He offered  his belief that  this would  be a major  obstacle for                                                               
people  who  have actually  turned  their  lives around  and  are                                                               
successful.  He said  he  did  not think  he  could support  this                                                               
language.  In response  to Chair  Hughes, he  offered his  belief                                                               
that  it should  not include  misdemeanors and  he would  like to                                                               
consider if some minor felonies  should also be excluded. He said                                                               
he  preferred  the  previous language  because  it  was  "driving                                                               
related"  and this  language relates  to driver's  privileges and                                                               
broadening  the range  of offenses  means it  is no  longer about                                                               
driving. Further,  the reason licenses  are revoked  is typically                                                               
due to  driving-related offenses. Although  his goal is  to never                                                               
break the law, he could  envision that he could accidentally take                                                               
an under legal size bull moose, he said.                                                                                        
                                                                                                                                
6:47:18 PM                                                                                                                    
SENATOR  REINBOLD  asked  whether  vehicle theft  was  a  driving                                                               
offense.                                                                                                                        
                                                                                                                                
MR. SKIDMORE answered no.                                                                                                       
                                                                                                                                
6:47:39 PM                                                                                                                    
MR.  WHITT  clarified  that  in  the  scenario  Senator  Micciche                                                               
mentioned  related   to  a  fish  and   wildlife  violation,  the                                                               
individual would  lose driver's license privileges  for life with                                                               
no recourse under  current law. This language would  pave the way                                                               
for an individual to have  his/her driving privileges reinstated.                                                               
He recapped  that if  an individual's license  was revoked  for a                                                               
period  of  ten  years  and the  person  committed  a  subsequent                                                               
criminal offense, the person would  lose his/her driver's license                                                               
for life.                                                                                                                       
                                                                                                                                
CHAIR HUGHES  pointed out that  it is limited  to driving-related                                                               
criminal offenses, which was Senator Micciche's point.                                                                          
                                                                                                                                
MR. WHITT said he understood the distinction.                                                                                   
                                                                                                                                
6:48:31 PM                                                                                                                    
At-ease.                                                                                                                        
                                                                                                                                
6:54:23 PM                                                                                                                    
CHAIR HUGHES reconvened the meeting.                                                                                            
                                                                                                                                
6:54:26 PM                                                                                                                    
SENATOR MICCICHE moved to adopt Conceptual Amendment 1.                                                                         
                                                                                                                                
CHAIR HUGHES objected for discussion purposes.                                                                                  
                                                                                                                                
SENATOR  MICCICHE explained  Conceptual Amendment  1. On  page 3,                                                               
line 22,  after the  word "a"  add the  language "driving-related                                                               
criminal offense or felony."                                                                                                    
                                                                                                                                
CHAIR HUGHES removed her objection.                                                                                             
                                                                                                                                
SENATOR REINBOLD objected in order  to have the Department of Law                                                               
provide the administration's view.                                                                                              
                                                                                                                                
6:55:33 PM                                                                                                                    
SENATOR MICCICHE  said should Conceptual Amendment  1 be adopted,                                                               
the language on  page 3, line 22 would now  read: "the person has                                                               
not  been  convicted of  a  driving-related  criminal offense  or                                                               
felony in the 10 years  preceding the request for restoration [of                                                               
the license; and ?.]                                                                                                            
                                                                                                                                
MR. SKIDMORE  acknowledged that the proposed  wording made sense.                                                               
He said that [Conceptual Amendment  1] would allow someone to get                                                               
[his/her] driver's  license back more easily.  The elimination of                                                               
the   "driving-related"   criminal   offense   made   this   more                                                               
restrictive, he said.                                                                                                           
                                                                                                                                
SENATOR REINBOLD  asked for further  clarification on  "easier to                                                               
get [his/her]  license back" and  whether it was relative  to the                                                               
bill or to the amended amendment.                                                                                               
                                                                                                                                
MR. SKIDMORE  explained that under  current law, when  a person's                                                               
driver's  license  is  revoked,   the  driver's  license  can  be                                                               
restored if at least 10 years  has passed, and the person has not                                                               
been   convicted  of   a  criminal-related   offense.  Conceptual                                                               
Amendment  1 would  add  to the  "10 years  has  passed" but  the                                                               
person must  not have  committed a  driving-related offense  or a                                                               
felony offense.                                                                                                                 
                                                                                                                                
He referred  to lines 16-18,  "unless the revocation  was ordered                                                               
in  a case  in which  the person  was also  convicted of  a crime                                                               
under  AS  11.41.100  - 11.41.210,  11.41.280,  11.41.282,  or  a                                                               
similar law in  another jurisdiction ?." He said if  a person was                                                               
convicted of  crimes listed in  the language on lines  16-18, the                                                               
person  could  not restore  his/her  driver's  license but  could                                                               
under other  circumstances. He explained  the conduct  that would                                                               
disqualify a  person would  be conviction  of another  felony. It                                                               
makes it  clear restoration  occurs after ten  years and  it also                                                               
limits the categories of eligibility.                                                                                           
                                                                                                                                
6:58:15 PM                                                                                                                    
REPRESENTATIVE JOSEPHSON joined the meeting.                                                                                    
                                                                                                                                
6:58:24 PM                                                                                                                    
SENATOR REINBOLD asked who would be impacted by this language.                                                                  
                                                                                                                                
MR.  SKIDMORE  explained that  this  language  would apply  to  a                                                               
person  who committed  a felony  DUI that  did not  harm someone.                                                               
That person would be eligible  to get their driver's license back                                                               
after ten  years as long  as they didn't commit  another driving-                                                               
related offense or another felony, he said.                                                                                     
                                                                                                                                
He said that this language,  [Conceptual Amendment 1], would make                                                               
it easier for an individual  to restore his/her driver's license.                                                               
This  also  supports  what  Chair  Hughes  mentioned,  that  some                                                               
individuals who had committed felony  DUIs and had their licenses                                                               
revoked have  had difficulty  restoring their  driving privileges                                                               
without  going   through  the  therapeutic  court   process.  The                                                               
language   [in  Conceptual   Amendment   1]   would  give   these                                                               
individuals the  ability to restore their  licenses without going                                                               
through the therapeutic court process.                                                                                          
                                                                                                                                
7:00:15 PM                                                                                                                    
SENATOR REINBOLD asked whether the  language on line 24 needed to                                                               
be revised.                                                                                                                     
                                                                                                                                
MR. SKIDMORE said no.                                                                                                           
                                                                                                                                
SENATOR REINBOLD  emphasized that she  wanted to be  certain this                                                               
will  not impact  the license  revocation issue  addressed during                                                               
the Senate State Affairs Standing Committee meeting last week.                                                                  
                                                                                                                                
MR. SKIDMORE said  that he was not present  at the aforementioned                                                               
meeting, so he was unsure of the effect.                                                                                        
                                                                                                                                
7:01:51 PM                                                                                                                    
KACI  SCHROEDER,  Assistant  Attorney  General,  Central  Office,                                                               
Criminal  Division,  Department  of  Law, Juneau,  said  that  an                                                               
amendment  was   passed  in  another   crime  bill,  SB   32,  to                                                               
recriminalize  driving with  a license  that  had been  canceled,                                                               
suspended, or revoked.  She answered that it  could be considered                                                               
a   driving-related  offense,   which  would   make  the   person                                                               
ineligible for  license restoration  and would restart  the clock                                                               
for another ten-year period.                                                                                                    
                                                                                                                                
7:02:23 PM                                                                                                                    
SENATOR REINBOLD asked whether Conceptual  Amendment 1 would make                                                               
it more difficult.                                                                                                              
                                                                                                                                
MS.  SCHROEDER  responded  if the  person  committed  a  driving-                                                               
related  offense   with  a  license   that  had   been  canceled,                                                               
suspended, or revoked,  the clock would restart.  She offered her                                                               
belief that  it would be  easier to restore the  person's license                                                               
than under current law.                                                                                                         
                                                                                                                                
CHAIR  HUGHES said  that  a person  entertaining  the thought  of                                                               
committing  another DUI  in order  to use  the therapeutic  court                                                               
avenue for license  restoration would not be a  good outcome. She                                                               
stated  that  staying  clean  for  10  years  is  a  pretty  good                                                               
standard.                                                                                                                       
                                                                                                                                
7:03:16 PM                                                                                                                    
SENATOR MICCICHE commented that he  personally knows a pastor who                                                               
has helped people  turn their lives around. He  said this license                                                               
issue  is a  major problem  since people  face permanent  license                                                               
revocation.  He  recapped  that [Conceptual  Amendment  1]  would                                                               
allow a  10-year reset  so people whose  records have  been clean                                                               
for  a lengthy  time  can get  back to  driving.  He offered  his                                                               
support for Conceptual Amendment 1.                                                                                             
                                                                                                                                
CHAIR HUGHES removed her objection.                                                                                             
                                                                                                                                
SENATOR  REINBOLD objected  to  ask how  many  people this  would                                                               
impact and whether it would increase or decrease public safety.                                                                 
                                                                                                                                
MS. SCHROEDER  said that she  was unsure. She suggested  that the                                                               
Division of Motor  Vehicles may have those figures.  She said the                                                               
people  affected would  not have  any driving-related  offense or                                                               
felony  offense in  10 years,  essentially a  ten-year streak  of                                                               
good  behavior. It  would allow  them to  restore their  driver's                                                               
licenses. She said the Department of  Law (DOL) does not have any                                                               
concerns, but it would not impact the department.                                                                               
                                                                                                                                
CHAIR HUGHES  asked for  further clarification  that right  now a                                                               
misdemeanor  would move  them  out of  the  ten-year period.  She                                                               
suggested that this language would  make it tougher by adding the                                                               
felony language.                                                                                                                
                                                                                                                                
MS.  SCHROEDER  said that  the  way  she interprets  the  current                                                               
statute, people  whose licenses have  been revoked for  a 10-year                                                               
period without incurring  any new offenses would  be eligible for                                                               
license  restoration. However,  if these  individuals commit  any                                                               
new offenses,  they would incur  a lifetime ban on  their driving                                                               
privileges. This provision would  allow these individuals to have                                                               
a  new ten-year  license revocation  period. If  they commit  any                                                               
crime,  it would  restart the  clock  for another  10 years,  she                                                               
said.                                                                                                                           
                                                                                                                                
7:06:11 PM                                                                                                                    
SENATOR REINBOLD highlighted that  current law imposes a lifetime                                                               
ban and this language would reduce it dramatically to ten years.                                                                
                                                                                                                                
SENATOR MICCICHE  acknowledged this  is one solution.  He pointed                                                               
out  that many  of the  people whose  licenses are  revoked drive                                                               
anyway.  He said  [Conceptual Amendment  1] would  apply to  "the                                                               
best of the  best." This language would apply to  people who have                                                               
a "squeaky clean  record" who would otherwise be  banned for life                                                               
due  to a  single driving-related  offense. This  provision would                                                               
apply to a small subset of people  who had a felony DUI. It would                                                               
give them a second chance, he said.                                                                                             
                                                                                                                                
SENATOR  REINBOLD stressed  that this  is important,  emphasizing                                                               
that  she does  not want  to increase  risks to  the public.  She                                                               
recalled reading statistics that  indicate people typically drive                                                               
seven times with  increased blood alcohol levels  before they are                                                               
charged  with a  DUI.  Further,  people are  not  charged with  a                                                               
felony DUI until  their third DUI offense.  She expressed concern                                                               
that this policy change could increase risks to the public.                                                                     
                                                                                                                                
MS.  SCHROEDER  acknowledged that  this  type  of conduct  occurs                                                               
without  people being  arrested. However,  the department  cannot                                                               
comment on  conduct that would  not come to the  DOL's attention,                                                               
nor can it estimate how often  that conduct occurs, she said. She                                                               
characterized it  as a policy  call for the legislature  to make.                                                               
She said the DOL is comfortable with the requirement for a 10-                                                                  
year clean  record. She noted  that the recidivism rate  after 10                                                               
years is very low.                                                                                                              
                                                                                                                                
CHAIR  HUGHES  related  her understanding  that  the  therapeutic                                                               
court  includes   treatment  and   a  requirement   for  ignition                                                               
interlock  devices. She  asked whether  the 10-year  period would                                                               
create a higher standard or be equivalent.                                                                                      
                                                                                                                                
MS. SCHROEDER said that 10 years  is a long time. The therapeutic                                                               
court  program  allows offenders  to  obtain  a limited  license;                                                               
however, she stated that licensing is not her area of expertise.                                                                
                                                                                                                                
7:10:41 PM                                                                                                                    
NANCY  MEADE,  General  Counsel, Administrative  Offices,  Alaska                                                               
Court System, Anchorage, explained that  people with a felony DUI                                                               
are subject to a permanent  license revocation. However, those in                                                               
the therapeutic court  may obtain limited licenses.  They must be                                                               
enrolled in  the court,  in compliance  with all  treatment, show                                                               
proof  of insurance,  and use  an ignition  interlock device.  If                                                               
therapeutic  court is  not available,  these individuals  can ask                                                               
the court  for a  hearing to obtain  limited licensure,  but they                                                               
must prove they have been sober for 18 months.                                                                                  
                                                                                                                                
She said  that under current  law, if  10 years has  lapsed since                                                               
sentencing  and  the  offender  has not  been  convicted  of  any                                                               
driving-related   criminal   offense,  the   offender's   driving                                                               
privileges can  be restored. She  related her  understanding that                                                               
the issue  being addressed is  that some people  are subsequently                                                               
charged  with  driving  with   license  suspended  (DWLS),  which                                                               
disqualifies driving  privileges for  life. She  said [Conceptual                                                               
Amendment 1] would  allow a person with a DWLS,  as described, to                                                               
restart  the 10-year  clock.  If  the person  does  not have  any                                                               
driving-related criminal  offenses during  a 10-year  period, the                                                               
individual could  get his/her license restored.  She related that                                                               
usually  those  with  an  alcohol  problem  will  have  committed                                                               
another  driving-related  offense  during that  timeframe,  which                                                               
would  disqualify  them. She  characterized  this  as opening  an                                                               
avenue to those who made a mistake early on.                                                                                    
                                                                                                                                
7:13:00 PM                                                                                                                    
CHAIR HUGHES  asked for further  clarification that  the shortest                                                               
timeframe  to  obtain  a  limited  license  would  be  for  those                                                               
individuals  who  spend  18  months  in  therapeutic  court  with                                                               
treatment.                                                                                                                      
                                                                                                                                
MS.  MEADE  responded  that  limited  licenses  could  be  issued                                                               
earlier  than   that  since  the   law  only  requires   them  to                                                               
"participate in therapeutic court."                                                                                             
                                                                                                                                
CHAIR  HUGHES offered  her belief  that this  language creates  a                                                               
high standard  since it  requires people to  have a  clean record                                                               
for 10 years.                                                                                                                   
                                                                                                                                
7:13:36 PM                                                                                                                    
SENATOR  REINBOLD  asked  whether  a DUI  offense  would  include                                                               
alcohol, marijuana, and drugs.                                                                                                  
                                                                                                                                
MS. MEADE answered yes.                                                                                                         
                                                                                                                                
SENATOR REINBOLD  explained that her  concern is whether  some of                                                               
the 43 percent of misdemeanors  that are dismissed are DUIs. This                                                               
increases risk to the public, she said.                                                                                         
                                                                                                                                
MS. MEADE  said a  person who  has gone 10  years after  a felony                                                               
without  incident  can  provide  the state  some  assurance  that                                                               
he/she is  upstanding enough to  deserve a driver's  license. She                                                               
added  that the  language on  lines  17 and  18 would  disqualify                                                               
those whose DUIs are affiliated  with death or a serious assault.                                                               
She said that language is stronger than current law.                                                                            
                                                                                                                                
7:15:21 PM                                                                                                                    
SENATOR  MICCICHE  offered his  belief  that  the most  important                                                               
change is that  it captures non-driving felony  offenses. He said                                                               
this captures many  other crimes and makes  it stricter. However,                                                               
"for the best of the best" it resets the clock.                                                                                 
                                                                                                                                
SENATOR REINBOLD  commented that  people might be  confused about                                                               
"incidents"  and conviction.  She  offered her  belief that  many                                                               
people who  drink and  drive are sneaky.  She reiterated  that 43                                                               
percent of  misdemeanors are dismissed.  She emphasized  that the                                                               
bill  says   conviction.  She  stated  that   she  would  support                                                               
Conceptual Amendment 1.                                                                                                         
                                                                                                                                
SENATOR REINBOLD removed her objection.                                                                                         
                                                                                                                                
There  being no  further  objection, Conceptual  Amendment 1  was                                                               
adopted.                                                                                                                        
                                                                                                                                
7:17:28 PM                                                                                                                    
SENATOR MICCICHE moved to adopt Conceptual Amendment 2.                                                                         
                                                                                                                                
CHAIR HUGHES objected for discussion purposes.                                                                                  
                                                                                                                                
SENATOR MICCICHE  directed attention  to page  4, line  18, after                                                               
the word, "a" and before  "criminal" add "driving-related." After                                                               
the word offense, add "or felony."                                                                                              
                                                                                                                                
He  read the  revised language  on page  4, line  18: "[(2)]  the                                                               
person  has  not been  convicted  of  a driving-related  criminal                                                               
offense or a felony in the 10 years preceding ?."                                                                               
                                                                                                                                
CHAIR HUGHES removed her objection.                                                                                             
                                                                                                                                
SENATOR REINBOLD  objected to ask  for input from  the Department                                                               
of Law and the Alaska Court System.                                                                                             
                                                                                                                                
7:18:35 PM                                                                                                                    
MR.  SKIDMORE  said  that  Conceptual   Amendment  2  is  a  good                                                               
amendment.   It  actually   makes   the   law  consistent   since                                                               
previously, the law was inconsistent between DUI and refusal.                                                                   
                                                                                                                                
SENATOR  REINBOLD  asked  for  further  clarification  that  this                                                               
language would  amend Section  5 on  page 4,  lines 18-19  of the                                                               
bill.                                                                                                                           
                                                                                                                                
MR. SKIDMORE answered yes.                                                                                                      
                                                                                                                                
SENATOR  REINBOLD noted  that Nancy  Meade, Alaska  Court System,                                                               
was agreeing by nodding her head.                                                                                               
                                                                                                                                
SENATOR REINBOLD removed her objection.                                                                                         
                                                                                                                                
There  being no  further  objection, Conceptual  Amendment 2  was                                                               
adopted.                                                                                                                        
                                                                                                                                
7:20:11 PM                                                                                                                    
MR. WHITT reviewed Section 6.                                                                                                   
                                                                                                                                
     Section  6:  Amends  AS 33.05.020(h)  to  establish  by                                                                    
     regulation   a   program    that   front-loads   earned                                                                    
     compliance  credits  where probationers  are  presented                                                                    
     with the  total credits the probationer  is eligible to                                                                    
     maintain  if  the  probationer is  compliant  with  the                                                                    
     conditions of  probation. (Page 4 Line  22 through Page                                                                    
     5, Line 13)                                                                                                                
                                                                                                                                
MR. WHITT said Senator Micciche recommended this change.                                                                        
                                                                                                                                
7:20:56 PM                                                                                                                    
SENATOR REINBOLD asked for further clarification on Section 6.                                                                  
                                                                                                                                
SENATOR MICCICHE  explained that  SB 34  would reduce  the amount                                                               
from  a one-to-one  to  one-third of  the  probation credits.  He                                                               
highlighted that  this had strong support.  During discussions on                                                               
incentives, consideration  was given to providing  incentives for                                                               
those who  are "good for  a while"  and are fully  compliant, and                                                               
whether  those  probationers  should  be  allowed  to  bank  that                                                               
compliance. Section 6  would allow those who are  on probation to                                                               
"bank" some of the credits. He  said he learned that if offenders                                                               
lose  all of  their  compliance credits,  they  unravel and  will                                                               
exhibit non-compliant  behavior. He recapped that  this provision                                                               
would reward  offenders for doing  "the best they can"  and allow                                                               
them to  earn compliance credits  if they meet the  conditions of                                                               
probation.  He pointed  out that  the  earned compliance  credits                                                               
have been reduced by 66 percent.                                                                                                
                                                                                                                                
CHAIR  HUGHES  recalled  one  of  her  teachers  once  said  that                                                               
students come into  class with an "A" and if  they complete their                                                               
assignments,  they will  keep the  grade. In  this instance,  the                                                               
person will  not earn  any more credit,  but the  individual will                                                               
get to keep the time since it is front-loaded.                                                                                  
                                                                                                                                
SENATOR  MICCICHE  said  the probationers  must  still  earn  the                                                               
credit. He said people learn  that they will receive benefits for                                                               
being compliant,  which makes  them more  likely to  exhibit good                                                               
behavior.                                                                                                                       
                                                                                                                                
7:23:59 PM                                                                                                                    
JENNIFER WINKELMAN,  Director, Division of Probation  and Parole,                                                               
Department  of  Corrections,   Juneau,  said  that  front-loading                                                               
earned compliance  credit as explained  by Senator  Micciche will                                                               
work. She said  that "front-loading" means it is  theirs to lose.                                                               
She  referred to  it as  similar to  the statutory  good time  in                                                               
current  statute. Those  in custody  get one-third  off for  good                                                               
time  but if  they have  any violations,  they lose  some of  the                                                               
earned-compliance credits.                                                                                                      
                                                                                                                                
SENATOR  REINBOLD asked  whether  people would  get  out of  jail                                                               
sooner under this change.                                                                                                       
                                                                                                                                
MS. WINKELMAN answered no, since  this provision would only apply                                                               
to those on probation or parole.                                                                                                
                                                                                                                                
SENATOR  REINBOLD   asked  whether  the  person   would  get  off                                                               
probation earlier.                                                                                                              
                                                                                                                                
MS. WINKELMAN answered yes.                                                                                                     
                                                                                                                                
SENATOR  MICCICHE   disagreed.  He  said  that   the  probationer                                                               
previously received a  day off for every day  of compliance. This                                                               
has  been  reduced  to  one-third  of  a  day  for  each  day  of                                                               
compliance. Thus, the person would  get out later than before, he                                                               
said.                                                                                                                           
                                                                                                                                
SENATOR  REINBOLD  said  that  is  different  than  front-loading                                                               
compliance  credits.  She maintained  the  person  would get  out                                                               
earlier.                                                                                                                        
                                                                                                                                
MS. WINKELMAN  responded that the probationer  would "front-load"                                                               
the  compliance credit.  Currently the  probationer would  get 30                                                               
days  off for  30 days  of good  behavior. Under  Section 6,  the                                                               
person  would get  one-third off,  but the  person would  receive                                                               
added time for non-compliance.                                                                                                  
                                                                                                                                
CHAIR  HUGHES asked  for further  clarification that  this change                                                               
would  not mean  the person  gets out  a day  earlier, by  front-                                                               
loading the  credits. She related  her understanding that  as the                                                               
days pass,  the person would  accrue compliance credits,  but the                                                               
person would not be released earlier.                                                                                           
                                                                                                                                
MS. WINKELMAN answered yes.                                                                                                     
                                                                                                                                
7:27:33 PM                                                                                                                    
SENATOR REINBOLD  said that  she is  frustrated because  the bill                                                               
contains many  changes and she wanted  to make sure that  it does                                                               
not have unintended consequences.                                                                                               
                                                                                                                                
7:28:30 PM                                                                                                                    
SENATOR KIEHL asked about the  mechanics of the credit in Section                                                               
6. He asked whether a parolee  or probationer who follows all the                                                               
rules for  a year then "messes  up severely" could retain  any of                                                               
the front-loaded time.                                                                                                          
                                                                                                                                
SENATOR  MICCICHE related  a scenario  in which  a person  was on                                                               
probation for 90  days. Currently, the probationer  would earn 30                                                               
days off  for earned compliance  credit. If the person  messes up                                                               
[and is considered  non-compliant] for one day,  the person would                                                               
earn 29 days  of earned compliance credit. If the  person is non-                                                               
compliant for 30 days, the person  would have zero days of earned                                                               
compliance credit, he  said. He characterized it  as an incentive                                                               
with an expectation that the person  will make it 90 days without                                                               
any  noncompliance and  thus  be  off probation  in  60 days.  He                                                               
explained that  previously any non-compliance  would result  in a                                                               
complete loss  of earned-compliance credits. He  agreed that this                                                               
front-loads  compliance  credits, but  the  person  would be  off                                                               
probation or parole in 60 days if compliant.                                                                                    
                                                                                                                                
SENATOR KIEHL said that he struggles  with the notion. He said he                                                               
was unsure that  people are thrilled with the way  that good time                                                               
currently works. He offered his  belief that this would apply the                                                               
same good time model for probationers,  and he was hesitant to do                                                               
so.  He said  that the  science  of behavior  modification is  to                                                               
reward the behavior as it  happens to build habits and behavioral                                                               
change. He wondered whether front  loading would reflect the best                                                               
practice in terms of changing people's behavior.                                                                                
                                                                                                                                
CHAIR HUGHES  offered that she  has discussed good time  with Ms.                                                               
Winkelman,  and  they plan  to  review  the definition  of  "good                                                               
time,"  primarily  for  incarceration  but  it  could  extend  to                                                               
probation or  parole. Currently,  inmates earn  good time  by not                                                               
doing something wrong, she said.  However, she expressed interest                                                               
in allowing good  time to be earned by  taking classes, obtaining                                                               
training,  or  going through  treatment.  She  indicated that  an                                                               
ongoing discussion will happen for good time.                                                                                   
                                                                                                                                
7:32:07 PM                                                                                                                    
SENATOR  REINBOLD  offered  her  belief that  this  is  a  pretty                                                               
important  discussion. She  acknowledged that  the Department  of                                                               
Law and  Department of  Corrections seem  to be  comfortable with                                                               
this section.                                                                                                                   
                                                                                                                                
CHAIR HUGHES  characterized it as  an accounting process,  but it                                                               
does not get anyone out earlier.                                                                                                
                                                                                                                                
7:32:58 PM                                                                                                                    
MR.  WHITT  said Section  7  and  Section  20 coincide  with  one                                                               
another.                                                                                                                        
                                                                                                                                
     Section  7:  Amends  AS 33.05.020(i)  to  exclude  from                                                                    
     eligibility  in a  program to  earn compliance  credits                                                                    
     probationers  who are  on probation  for felony  crimes                                                                    
     against  a person,  sex offense,  unclassified felonies                                                                    
     or  for crimes  involving domestic  violence. (Page  5,                                                                    
     Lines 14-21)                                                                                                               
                                                                                                                                
SENATOR REINBOLD referred to page 5,  line 20, which read, "(4) a                                                               
crime involving  domestic violence,  as defined in  AS 18.66.990,                                                               
that  is an  offense  under  AS 11.41."  She  asked whether  this                                                               
expands the  category or if  it replicates the language  on lines                                                               
9-13, that are being deleted.                                                                                                   
                                                                                                                                
MR. SKIDMORE  related his understanding  the question  is whether                                                               
the  change  would  alter  the  statute.  He  asked  for  further                                                               
clarification on the specific cite in the bill.                                                                                 
                                                                                                                                
SENATOR  REINBOLD referred  to the  deleted language  on page  5,                                                               
lines 9-13. She said that  Section 7, lines 14-21, makes changes.                                                               
She asked for clarification on the changes.                                                                                     
                                                                                                                                
MR.  SKIDMORE  said  the  language   in  the  new  subsection  is                                                               
inclusive  of domestic  violence (DV),  but it  is limited  to DV                                                               
under  AS 11.41.  In the  language [on  line 10],  the DV  is not                                                               
limited to AS 11.41, he said.                                                                                                   
                                                                                                                                
SENATOR  REINBOLD  asked  for  further  clarification  since  the                                                               
language on line 10 requires treatment programs be completed.                                                                   
                                                                                                                                
7:37:08 PM                                                                                                                    
At-ease.                                                                                                                        
                                                                                                                                
7:42:42 PM                                                                                                                    
CHAIR HUGHES reconvened the meeting.                                                                                            
                                                                                                                                
7:42:47 PM                                                                                                                    
SENATOR MICCICHE made  a motion to adopt  Conceptual Amendment 3,                                                               
on page  5, line 8,  [after AS 33.30.013]  to remove ";"  and add                                                               
paragraph (4) to  read, "require that a  probationer convicted of                                                               
a crime  involving domestic violence  as defined in  as 18.66.990                                                               
complete  all  treatment  programs  required as  a  condition  of                                                               
probation  before discharge  based on  credits earned  under this                                                               
subsection."  He  said  that  he is  removing  "SEX  OFFENSES  AS                                                               
DEFINED IN AS 12.63.100 OR".                                                                                                    
                                                                                                                                
CHAIR HUGHES objected for discussion purposes.                                                                                  
                                                                                                                                
SENATOR  REINBOLD said  she  wanted  certainty that  probationers                                                               
will  have  access  to  treatment  programs  as  a  condition  of                                                               
probation.                                                                                                                      
                                                                                                                                
There  being no  further objections,  Conceptual Amendment  3 was                                                               
adopted.                                                                                                                        
                                                                                                                                
7:44:41 PM                                                                                                                    
MR. WHITT reviewed  the language in Section 8,  which was brought                                                               
forth by Senator Shower.                                                                                                        
                                                                                                                                
     Section 8:  Amends AS 33.05.040(a) to  remove ambiguity                                                                    
     with  respect  to the  duties  of  a probation  officer                                                                    
     clarifying that there is an  affirmative duty to make a                                                                    
     recommendation  to the  court  either to  revoke or  to                                                                    
     maintain  probation. (Page  5 Line  22 through  Page 7,                                                                    
     Line 3)                                                                                                                    
                                                                                                                                
MR. WHITT, in response to  Chair Hughes, said that the Department                                                               
of Corrections consulted with Ms. Largent.                                                                                      
                                                                                                                                
MS. LARGENT stated that the  department did not necessarily share                                                               
the concern but found the language an appropriate remedy.                                                                       
                                                                                                                                
7:46:23 PM                                                                                                                    
SENATOR KIEHL asked whether Section 7 was discussed.                                                                            
                                                                                                                                
CHAIR HUGHES said it was wrapped up in an earlier discussion.                                                                   
                                                                                                                                
SENATOR KIEHL  asked whether  that language  was in  the original                                                               
bill.  He asked  to  focus on  the reason  to  remove all  crimes                                                               
against  a person  and the  difference in  the types  of domestic                                                               
violence (DV) that would be eligible.                                                                                           
                                                                                                                                
MR. WHITT asked for further clarification on the question.                                                                      
                                                                                                                                
SENATOR  KIEHL   said  he  understood  the   rationale  used  for                                                               
unclassified felonies  and sex offenders. However,  he was unsure                                                               
about   removing  all   felony  crimes   against  a   person.  He                                                               
anticipated  that   a  tremendous  number  of   people  would  be                                                               
released,  and it  is imperative  to change  their behavior  once                                                               
they were  out of prison.  He asked for further  clarification on                                                               
why  DV crimes  against  a person  are  treated differently  than                                                               
those that are not, in terms of compliance credits.                                                                             
                                                                                                                                
MR.  WHITT  said  he  probably  would be  unable  to  answer  the                                                               
question  fully.  He  related   his  understanding  that  Senator                                                               
Reinbold wanted  to add unclassified felonies  and Senator Shower                                                               
wanted the  rest of the language.  He said he could  not speak to                                                               
why  Senator  Shower  wanted  that  language.  He  suggested  the                                                               
Department of Law could respond.                                                                                                
                                                                                                                                
SENATOR  REINBOLD  deferred  to   Mr.  Skidmore  to  explain  the                                                               
language on  line 19,  "a crime  involving domestic  violence, as                                                               
defined in AS 18.66.990, that is  an offense under AS 11.41." She                                                               
asked whether this was more limited.                                                                                            
                                                                                                                                
MR.  SKIDMORE turned  to  page  5, Section  7  to answer  Senator                                                               
Kiehl's question.  He explained  that the  original bill  did not                                                               
limit  earned compliance  credits in  the manner  that Version  K                                                               
uses. The original  bill limited compliance credits  only for sex                                                               
offenses. That was expanded in  the Senate State Affairs Standing                                                               
Committee to  include unclassified  felonies, in addition  to the                                                               
sex offenses. He said he did  not recall the discussion of crimes                                                               
against a person under AS 11.41.  He said that in addition to the                                                               
sex crimes  this would  include assault,  robbery, and  crimes in                                                               
which a  person is injured  rather than to property.  He recalled                                                               
that  the  previous  committee did  not  want  earned  compliance                                                               
credits to apply to those types of offenses.                                                                                    
                                                                                                                                
He  recalled   that  Senator  Reinbold  and   Senator  Kiehl  had                                                               
questions on page  5, line 20 of Version K,  related to the crime                                                               
of DV  as it applies to  crimes against a person.  In addition to                                                               
the felonies  under AS 11.41,  the DV  crime against a  person in                                                               
[paragraph]  (4)  would be  a  low-level  offense in  the  fourth                                                               
degree. He  said that  would not  include all  sorts of  other DV                                                               
crimes  such as  criminal mischief  or other  types of  DV crimes                                                               
found throughout the statutes. He  explained that this would only                                                               
apply to those misdemeanor crimes  in AS 11.41. The rationale for                                                               
the distinction  was a policy  call. He reasoned that  assault in                                                               
the  fourth degree,  which deals  with injury  to a  person, must                                                               
have been deemed more significant than damage to property.                                                                      
                                                                                                                                
7:52:56 PM                                                                                                                    
SENATOR REINBOLD referred to lines  20-21, and read, "(4) a crime                                                               
involving domestic violence, as defined  in AS 18.66.990, that is                                                               
an offense under  AS 11.41." She said that AS  11.41 is a massive                                                               
section of law.                                                                                                                 
                                                                                                                                
MR. SKIDMORE said he was unsure  whether the Department of Law or                                                               
the administration  took a position  on the policy  decisions the                                                               
previous committee made, but the DOL  will not take a position on                                                               
it here.  He explained that the  only crimes the DOL  has taken a                                                               
position on  are sex  crimes and  unclassified felonies.  This is                                                               
not something the administration has sought or opposed, he said.                                                                
                                                                                                                                
SENATOR REINBOLD suggested that Senator  Shower may wish to weigh                                                               
in on this provision.                                                                                                           
                                                                                                                                
7:54:18 PM                                                                                                                    
CHAIR  HUGHES  asked whether  these  crimes  were more  egregious                                                               
ones.                                                                                                                           
                                                                                                                                
MR. SKIDMORE  explained that when  the DOL  considers prosecution                                                               
of  crimes, it  tries  to  focus first  on  the  crimes that  are                                                               
felonies and  felonies against a  person that are  categorized in                                                               
AS 11.41.  This includes assault  in the first degree  and sexual                                                               
abuse of a minor, which are more serious crimes.                                                                                
                                                                                                                                
7:55:40 PM                                                                                                                    
SENATOR KIEHL  asked for references  to the Senate  State Affairs                                                               
Standing Committee CS since he was not finding that language.                                                                   
                                                                                                                                
CHAIR HUGHES asked  Mr. Whitt to explain. She  recalled that this                                                               
was  discussed in  the previous  committee and  decided to  allow                                                               
this committee to also address the issue.                                                                                       
                                                                                                                                
7:55:50 PM                                                                                                                    
MR. WHITT pointed  out two things. First, he read  a request from                                                               
Senator Shower's  office, [not distributed to  members]. It read:                                                               
"a probationer  may not be  enrolled in the  program, established                                                               
under  (h)  of  this  section,  if  the  probationer  (1)  is  on                                                               
probation or parole for a sex  offense, or (2) is on probation or                                                               
parole  for felony  crimes against  a person  or DV  assault." He                                                               
said Senator Shower  indicated that this change would  make it so                                                               
that sex  offenders, felons,  and domestic  violence perpetrators                                                               
will  not be  eligible  for  earned credits  while  on parole  or                                                               
probation.  This   keeps  the  most  violent   people  under  the                                                               
supervision of a probation officer longer.                                                                                      
                                                                                                                                
He clarified  that the  change in proposed  Section 7(i)(4)  is a                                                               
crime involving  domestic violence,  as defined in  AS 18.66.990,                                                               
that is  an offense under  AS 11.41.  He emphasized that  it does                                                               
not say  it is  a felony  offense. It  would be  any crime  in AS                                                               
11.41, including crimes against a  person. It would match up with                                                               
DV crimes. He said that  felony crimes are addressed in paragraph                                                               
(3). It says:  "a felony crime against a person  under AS 11.41;"                                                               
and  this language  would  be for  any crime  coupled  with a  DV                                                               
charge.                                                                                                                         
                                                                                                                                
7:58:13 PM                                                                                                                    
SENATOR  REINBOLD described  AS  11.41 as  "a pretty  significant                                                               
law."                                                                                                                           
                                                                                                                                
MR. WHITT agreed that all crimes  against a person are located in                                                               
AS  11.41, including  rapes, assaults,  and  murders. In  further                                                               
response to  Senator Reinbold, he  agreed that this  language was                                                               
not in the State Affairs CS.                                                                                                    
                                                                                                                                
SENATOR REINBOLD said  she was not comfortable  with the proposed                                                               
language without clarification from the sponsor.                                                                                
                                                                                                                                
7:59:39 PM                                                                                                                    
SENATOR  MICCICHE said  he supports  the  language. He  explained                                                               
that  this pertains  to offenders  who have  served their  prison                                                               
time and  are on probation.  The language indicates  that certain                                                               
crimes are not eligible to  earn compliance credits. He said that                                                               
reviewing the  types of  crimes on  the list  led him  to believe                                                               
that  this was  the right  way to  proceed. Further,  he said  he                                                               
thinks it fits well with the  changes the committee made to other                                                               
aspects  of earned  compliance  credits.  It basically  indicates                                                               
that  offenders  are not  going  to  earn compliance  credits  if                                                               
convicted of one of these crimes                                                                                                
                                                                                                                                
CHAIR  HUGHES  commented  that  those  offenders  will  serve  33                                                               
percent longer under the proposed language.                                                                                     
                                                                                                                                
8:00:25 PM                                                                                                                    
SENATOR  KIEHL  related  his  understanding  that  the  point  of                                                               
compliance is to  change behavior. He said  the containment model                                                               
is used  for sex  offenders. He  said that  DV behaviors  need to                                                               
change. He  was unsure  the reason  the only  non-felony domestic                                                               
violence would fall under misdemeanor  assault as opposed to some                                                               
of  the  other  pretty  significant crimes  that  are  considered                                                               
domestic violence. He  said he would like to  change the behavior                                                               
of all of  those who are committing abusive  offenses so limiting                                                               
it does not make sense to him.                                                                                                  
                                                                                                                                
SENATOR  MICCICHE   explained  that   the  effect  would   be  to                                                               
essentially create cascading penalties,  which was not previously                                                               
done. He said  this language indicates that  an earned compliance                                                               
program would result in a  one-third credit unless the person has                                                               
been convicted  of certain  crimes. Other  discretionary measures                                                               
also  apply.  For example,  a  person  could still  have  his/her                                                               
probation revoked. The probation  system is still conditional. He                                                               
characterized it  as a  staged approach. He  said he  thinks this                                                               
will drive compliance because very few  people want to go back to                                                               
prison.                                                                                                                         
                                                                                                                                
8:02:58 PM                                                                                                                    
MR.  WHITT  clarified that  the  State  Affairs CS  addressed  AS                                                               
33.05.020(i).  It  reads:  "A  probationer  convicted  of  a  sex                                                               
offense, as defined  in AS 12.63.100, may not be  enrolled in the                                                               
program  established under  (h) of  this section."  He said  this                                                               
amendment expands who may not be enrolled in the program.                                                                       
                                                                                                                                
MR. WHITT continued.                                                                                                            
                                                                                                                                
     Section  10:  Amends  AS 33.16.090(a)(1)(D)  &  (E)  by                                                                    
     clarifying that  where an offender is  serving multiple                                                                    
     sentences  any  consecutive  or  partially  consecutive                                                                    
     sentence  to   the  primary   crime  is   eligible  for                                                                    
     discretionary parole  after serving ? of  the sentence.                                                                    
     (Page 8, Lines 8-17)                                                                                                       
                                                                                                                                
MR. WHITT said that this language was requested by the DOL.                                                                     
                                                                                                                                
8:04:37 PM                                                                                                                    
SENATOR REINBOLD asked the department for an explanation.                                                                       
                                                                                                                                
MR. SKIDMORE said that Section 10,  on page 8 clarifies that when                                                               
an offender  is serving multiple  sentences that  the consecutive                                                               
or  partially  consecutive  sentence  to  the  primary  crime  is                                                               
eligible for  discretionary parole  at one-quarter. He  said that                                                               
when the department  has a case in which someone  is charged with                                                               
multiple  crimes,  the  one-quarter  should apply  to  the  lower                                                               
crimes instead of  applying the same calculus to  every crime for                                                               
which  the person  is convicted.  He  said that  this would  help                                                               
ensure  that the  person  serves the  larger  portion of  his/her                                                               
sentence on the primary crime.                                                                                                  
                                                                                                                                
MR. WHITT deferred to Mr. Edwards to weigh in.                                                                                  
                                                                                                                                
8:06:25 PM                                                                                                                    
JEFF EDWARDS, Director, Parole  Board, Department of Corrections,                                                               
Anchorage,  said  that Mr.  Skidmore  covered  Section 10  pretty                                                               
well. He  directed attention to  page 8, line 8,  to subparagraph                                                               
(D),  that  would  establish the  eligibility  for  discretionary                                                               
parole.  Subparagraph (E)  offers some  clarifying language  that                                                               
applies  to  those who  do  not  earn  statutory good  time.  The                                                               
intention  was  they  would not  be  eligible  for  discretionary                                                               
parole,  which  seems  logical,   he  said.  This  language  also                                                               
provides that  any consecutive sentence  that would  disqualify a                                                               
person  for  good  time  would  also  make  them  ineligible  for                                                               
discretionary parole. He  offered his belief that  the intent was                                                               
to  omit  the  eligibility  for early  release  on  mandatory  or                                                               
discretionary parole.                                                                                                           
                                                                                                                                
8:07:32 PM                                                                                                                    
SENATOR  REINBOLD  asked  for confirmation  that  the  one-fourth                                                               
reduction does not conflict with  the important changes that were                                                               
made in the Senate State Affairs Standing Committee.                                                                            
                                                                                                                                
MR.  SKIDMORE responded  that  he did  not  believe any  conflict                                                               
exists.                                                                                                                         
                                                                                                                                
8:08:31 PM                                                                                                                    
MR. WHITT turned to Section 20,  to page 13, lines 21-28 and then                                                               
reverted to  Section 19.  He said  the conceptual  amendment that                                                               
was offered  on page 5, for  Section 6 would also  be appropriate                                                               
to offer  in this section. It  would conform the language  in the                                                               
two  sections. Section  6  applies to  probation  and Section  19                                                               
applies to parole.                                                                                                              
                                                                                                                                
CHAIR HUGHES asked for further clarification of the cite.                                                                       
                                                                                                                                
MR.  WHITT referred  to  [page  13,] line  15,  and suggested  it                                                               
should delete the  bracket and semi-colon and on  line 16, [after                                                               
"CONVICTED OF"] delete "A SEX  OFFENSE AS DEFINED IN AS 12.63.100                                                               
OR".  The  language  would  read, "[3]  require  that  a  parolee                                                               
convicted  of a  crime involving  domestic violence  complete all                                                               
treatment  programs  required as  a  condition  of parole  before                                                               
discharge based on  credits earned under this  section." He added                                                               
that the bracket would be deleted at the end of line 20.                                                                        
                                                                                                                                
8:10:28 PM                                                                                                                    
At-ease.                                                                                                                        
                                                                                                                                
8:12:16 PM                                                                                                                    
CHAIR HUGHES reconvened the meeting.                                                                                            
                                                                                                                                
8:12:21 PM                                                                                                                    
SENATOR MICCICHE moved  to adopt Conceptual Amendment  4, on page                                                               
13, lines 15. Delete ";" and  on line 16 delete "(3)" which would                                                               
become  paragraph (4).  In  addition, delete  "A  SEX OFFENSE  AS                                                               
DEFINED  IN  AS 12.63.100  OR".  After  the phrase  "notifying  a                                                               
victim  under  AS  33.30.013,"  the  language  would  read:  "(4)                                                               
require that  a parolee convicted  of a crime  involving domestic                                                               
violence complete all treatment  programs required as a condition                                                               
of parole  before discharge  based on  credits earned  under this                                                               
section."                                                                                                                       
                                                                                                                                
CHAIR HUGHES objected for discussion.                                                                                           
                                                                                                                                
SENATOR  REINBOLD   asked  for   confirmation  that  this   is  a                                                               
conforming amendment similar to ones in the other two sections.                                                                 
                                                                                                                                
CHAIR HUGHES answered yes.                                                                                                      
                                                                                                                                
CHAIR  HUGHES  removed  her objection.  There  being  no  further                                                               
objection, Conceptual Amendment 4 was adopted.                                                                                  
                                                                                                                                
8:14:07 PM                                                                                                                    
CHAIR HUGHES noted  that Senator Reinbold had a  question for Mr.                                                               
Skidmore related to a conflict  that may exist regarding the one-                                                               
fourth provision in Section 10.                                                                                                 
                                                                                                                                
8:14:17 PM                                                                                                                    
SENATOR REINBOLD referred  to the explanation of  changes for the                                                               
committee  substitute (CS)  for SB  34 [the  sectional analysis],                                                               
which read:                                                                                                                     
                                                                                                                                
     Section  10:  Amends  AS 33.16.090(a)(1)(D)  &  (E)  by                                                                    
     clarifying that  where an offender is  serving multiple                                                                    
     sentences  any  consecutive  or  partially  consecutive                                                                    
     sentence  to   the  primary   crime  is   eligible  for                                                                    
     discretionary parole after  serving [one-fourth] of the                                                                    
     sentence. (Page 8, Lines 8-17)                                                                                             
                                                                                                                                
She expressed  concern with  the language  "the primary  crime is                                                               
eligible for  discretionary parole after serving  [one-fourth] of                                                               
the  sentence."  She  recalled  that  language  was  changed  [in                                                               
Section 11]  on page  8, line  25 of Version  K, "has  served the                                                               
mandatory  minimum term  under AS  12.55.125(a) or  (b), one-half                                                           
[ONE-THIRD]  of the  active term  of imprisonment  ?." She  asked                                                               
whether  any conflict  exists throughout  the bill  since several                                                               
changes have occurred.                                                                                                          
                                                                                                                                
MR. SKIDMORE said he did not  immediately see any conflict in the                                                               
section, but he would defer to Mr. Edwards.                                                                                     
                                                                                                                                
8:15:44 PM                                                                                                                    
MR. EDWARDS responded  that the reference in Section  11 turns to                                                               
one-half for unclassified  offenses and in Section 10  it is one-                                                               
quarter for  class B and class  C felonies. He said  the types of                                                               
crimes  are  differentiated.  He  noted  that  Section  11  makes                                                               
unclassified felonies  eligible at  one-half [of the  active term                                                               
of imprisonment] for  crimes such as murder in  the first degree,                                                               
murder in the second degree. The others would remain at one-                                                                    
quarter.  He asked  for confirmation  that he  was comparing  the                                                               
right sections.                                                                                                                 
                                                                                                                                
CHAIR HUGHES  agreed. She referred  to page 8, lines  8-17, which                                                               
relates to class  B and C felonies whereas Section  11, lines 22-                                                               
26,   talks  about   [discretionary   parole]  for   unclassified                                                               
felonies.                                                                                                                       
                                                                                                                                
MR. EDWARDS  clarified the page  and line number  references were                                                               
on page 8, lines 8-12 [of Section 10] and line 25 of Section 11.                                                                
                                                                                                                                
CHAIR HUGHES asked for confirmation that he saw no conflict.                                                                    
                                                                                                                                
MR. EDWARDS said he did not see any conflict.                                                                                   
                                                                                                                                
8:17:19 PM                                                                                                                    
SENATOR  REINBOLD   said  she  wanted  assurance   because  these                                                               
sections  were definitely  strengthened after  multiple hours  of                                                               
discussion  in terms  of one-third  versus  one-half credit.  She                                                               
said that she  still has pause with discretionary  parole and she                                                               
is thrilled  with truth in sentencing  in courts to be  sure that                                                               
people understand the eight ways people can get out of jail.                                                                    
                                                                                                                                
8:18:35 PM                                                                                                                    
MR. WHITT continued:                                                                                                            
                                                                                                                                
     Section  24:  Adds  a new  section  of  uncodified  law                                                                    
     requiring the  Department of  Corrections to  develop a                                                                    
     needs  assessment of  all  rehabilitative services  for                                                                    
     each   institution  including   but   not  limited   to                                                                    
     education,  treatment,  vocational  education,  secular                                                                    
     and faith based, and pro  social programs and provide a                                                                    
     written report to the legislature by January 31, 2020.                                                                     
                                                                                                                                
8:19:04 PM                                                                                                                    
CHAIR  HUGHES  remarked  that  the  needs  assessment  report  is                                                               
necessary  as  the  committee and  department  work  to  possibly                                                               
redefine  good time.  Further, it  can  help [with  the goal]  to                                                               
incentivize those who  are incarcerated to get up out  of bed and                                                               
not   watch  television   or  play   cards  but   start  applying                                                               
themselves.  It will  help the  legislature have  a sense  of the                                                               
type  of services  available in  the institutions  throughout the                                                               
state.  This  section would  ask  the  Department of  Corrections                                                               
(DOC)  for their  wish  list to  help  those incarcerated  become                                                               
productive  and improve  themselves before  they are  let out  of                                                               
jail. This report would be available for that purpose, she said.                                                                
                                                                                                                                
8:19:59 PM                                                                                                                    
SENATOR REINBOLD recalled that Chair  Hughes mentioned she wanted                                                               
to  be sure  that prisoners  are  active. She  said this  request                                                               
appears to be a needs assessment  and report. She said she has no                                                               
idea  whether   this  language  ensures  that   prisoners  obtain                                                               
treatment.  She said  she  was hoping  that  best practices  were                                                               
being used on the best  programs available. However, this appears                                                               
to develop an assessment of rehabilitative services.                                                                            
                                                                                                                                
CHAIR  HUGHES   responded  that  the  DOC   helped  develop  this                                                               
language. She added  that SB 33 has a provision  that asks DOC to                                                               
develop a  matrix based on  evidence-based best practices  so the                                                               
legislature   can  correlate   inmate  participation   and  lower                                                               
recidivism. She  acknowledged that [Section 24]  is an assessment                                                               
so  the  legislature can  decide  next  year about  ensuring  the                                                               
options are available.  This changes the definition  of good time                                                               
to ensure that inmates must  do things to improve themselves. The                                                               
legislature  wants   to  know  what  options   are  available  at                                                               
institutions. For  example, she said that  treatment programs are                                                               
available at  some institutions and  not others. She  pointed out                                                               
that with the drug problem  and associated crime, it is important                                                               
to make  treatment available  to inmates  to the  greatest extent                                                               
possible. The  purpose here is to  find out what is  available at                                                               
the institutions and address it further next year.                                                                              
                                                                                                                                
8:22:25 PM                                                                                                                    
SENATOR MICCICHE expressed  an interest in continuing  to take up                                                               
the additional amendments in members' packets.                                                                                  
                                                                                                                                
8:22:37 PM                                                                                                                    
SENATOR  REINBOLD related  her understanding  that the  DOC would                                                               
develop  an assessment  of rehabilitation  services available  in                                                               
each institution  and to assess education,  treatment, vocational                                                               
education, secular  and faith based,  and pro social  programs in                                                               
the  state by  January 31,  2020. She  asked whether  this report                                                               
would identify what is available or  if it will identify what the                                                               
DOC needs.                                                                                                                      
                                                                                                                                
CHAIR HUGHES  answered that the  report would identify  both what                                                               
institutions have  and what the  department feels  is appropriate                                                               
at the  various institutions. She  mentioned that  the department                                                               
was  already  working on  this,  but  this provision  would  make                                                               
certain that it will be ready for the legislature.                                                                              
                                                                                                                                
8:23:44 PM                                                                                                                    
At-ease.                                                                                                                        
                                                                                                                                
8:27:13 PM                                                                                                                    
CHAIR HUGHES reconvened the meeting.                                                                                            
                                                                                                                                
8:27:23 PM                                                                                                                    
SENATOR KIEHL  moved to  adopt Conceptual  Amendment Kiehl  1. He                                                               
related  that  his  amendments  were  prepared  for  a  different                                                               
version of  the bill. He  asked members  to make two  changes. On                                                               
page 5,  line 16,  after, "for," add  "unclassified" and  on Page                                                               
13,  line  23, after  "for,"  to  add "unclassified."  Conceptual                                                               
Amendment  Kiehl 1 read as follows:                                                                                             
                                                                                                                                
     Page 4, line 23, through page 5, line 13:                                                                                  
          Delete all material and insert:                                                                                       
          "(h)  The commissioner shall establish by                                                                             
     regulation  a  program  allowing probationers  to  earn                                                                    
     credits   for   complying   with  the   conditions   of                                                                    
     probation.  The credits  earned  reduce  the period  of                                                                    
     probation.  Nothing in  this  subsection prohibits  the                                                                    
     department  from recommending  to the  court the  early                                                                    
     discharge of  the probationer as provided  in AS 33.30.                                                                    
     At a minimum, the regulations must                                                                                         
               (1)  require that a probationer earn credit                                                                  
     against the term of probation  for compliance [A CREDIT                                                                
     OF 30 DAYS  FOR EACH 30-DAY PERIOD SERVED  IN WHICH THE                                                                    
     DEFENDANT  COMPLIED] with  the conditions  of probation                                                                    
     and lose earned credit  for violation of the conditions                                                                
     of probation;                                                                                                          
               (2)  include policies and procedures for                                                                         
               (A)  calculating and tracking credits earned                                                                     
     by probationers;                                                                                                           
               (B)  reducing the probationer's period of                                                                        
     probation based  on credits earned by  the probationer;                                                                    
     and                                                                                                                        
               (C)  notifying a victim under AS 33.30.013;                                                                      
               (3)  require that a probationer convicted of                                                                     
     a [SEX OFFENSE  AS DEFINED IN AS 12.63.100  OR A] crime                                                                    
     involving domestic violence  as defined in AS 18.66.990                                                                    
     complete   all  treatment   programs   required  as   a                                                                    
     condition  of  probation   before  discharge  based  on                                                                    
     credits earned under this subsection."                                                                                     
                                                                                                                                
     Page  5, line  16, following  "for unclassified  felony                                                                
     offenses":                                                                                                                 
          Insert    "a   sex    offense   as    defined   in                                                                    
     AS 12.63.100."                                                                                                             
                                                                                                                                
     Page 5, lines 17 - 21:                                                                                                     
          Delete all material.                                                                                                  
                                                                                                                                
     Page 12, line 29, through page 13, line 20:                                                                                
          Delete all material and insert:                                                                                       
          "Sec. 33.16.270. Earned compliance credits. The                                                                     
     commissioner  shall establish  by regulation  a program                                                                    
     allowing parolees  to earn  credits for  complying with                                                                    
     the  conditions   of  parole.  The   earned  compliance                                                                    
     credits reduce  the period of  parole. Nothing  in this                                                                    
     section prohibits  the department from  recommending to                                                                    
     the  board  the  early  discharge  of  the  parolee  as                                                                    
     provided   in  this   chapter.   At   a  minimum,   the                                                                    
     regulations must                                                                                                           
               (1)  require that a parolee earn credit                                                                      
     against the  period of parole for  compliance [A CREDIT                                                                
     OF 30 DAYS  FOR EACH 30-DAY PERIOD SERVED  IN WHICH THE                                                                    
     PAROLEE  COMPLIED] with  the conditions  of parole  and                                                                
     lose earned  credit for violation of  the conditions of                                                                
     probation;                                                                                                             
               (2)  include policies and procedures for                                                                         
               (A)  calculating and tracking credits earned                                                                     
     by parolees;                                                                                                               
               (B)  reducing the parolee's period of parole                                                                     
     based on credits earned by the parolee; and                                                                          
               (C)  notifying a victim under AS 33.30.013;                                                                  
               (3)  require that a parolee convicted of a                                                                       
     [SEX  OFFENSE AS  DEFINED IN  AS 12.63.100 OR  A] crime                                                                    
     involving  domestic  violence  complete  all  treatment                                                                    
     programs  required  as  a condition  of  parole  before                                                                    
     discharge based on credits earned under this section."                                                                     
                                                                                                                                
     Page 13,  line 23,  following "for  unclassified felony                                                                
     offenses":                                                                                                                 
          Insert    "a   sex    offense   as    defined   in                                                                    
     AS 12.63.100."                                                                                                             
                                                                                                                                
     Page 13, lines 24 - 28:                                                                                                    
          Delete all material.                                                                                                  
                                                                                                                                
SENATOR MICCICHE objected for discussion purposes.                                                                              
                                                                                                                                
8:28:19 PM                                                                                                                    
SENATOR KIEHL  explained that Conceptual Amendment  Kiehl 1 would                                                               
take a different  approach to the compliance  credits. He offered                                                               
his belief that  the system of compliance credits  could use fine                                                               
tuning  and  the  expertise  of  the  department.  He  said  this                                                               
conceptual amendment  would instruct  the department to  create a                                                               
program for  compliance credits by  regulation. He  surmised that                                                               
the  DOC  would  use  best   practices  and  it  would  give  the                                                               
department  the  flexibility  to tailor  the  compliance  credits                                                               
where they  will do  the most  good. For example,  if it  is most                                                               
important  to  focus   on  the  first  few   months  outside  the                                                               
institution, the  DOC could front-load  the credits.  However, if                                                               
it is most  important to provide a steady stream  of credits over                                                               
time,  the department  could do  that.  He said  that this  would                                                               
apply to  probation and parole.  The exclusions  from eligibility                                                               
would  go back  to unclassified  felons and  sex offenders.  This                                                               
would  give  the  department  the ability  to  work  on  behavior                                                               
modification  to  get  offenders  back  on  the  path  to  become                                                               
successful  members of  society  and not  reoffending across  the                                                               
broadest range of people where it makes sense.                                                                                  
                                                                                                                                
CHAIR HUGHES paused to removed  her objection. Finding no further                                                               
objection, the  committee substitute (CS)  for SB 34,  work order                                                               
31-GS1031\K, Version K was adopted.                                                                                             
                                                                                                                                
CHAIR HUGHES  returned attention to Conceptual  Amendment Kiehl 1                                                               
and asked Mr. Skidmore if the Department of Law supports it.                                                                    
                                                                                                                                
8:30:58 PM                                                                                                                    
MR.  SKIDMORE  said DOL  does  not  support Conceptual  Amendment                                                               
Kiehl  1 because  it provides  for earned  compliance credits  to                                                               
unclassified felonies.                                                                                                          
                                                                                                                                
SENATOR  KIEHL clarified  that Conceptual  Amendment Kiehl  1 was                                                               
adjusted to  make "unclassified"  felonies ineligible  for earned                                                               
compliance credits.                                                                                                             
                                                                                                                                
8:32:08 PM                                                                                                                    
SENATOR MICCICHE maintained his objection.                                                                                      
                                                                                                                                
8:32:10 PM                                                                                                                    
A  roll call  vote was  taken. Senator  Kiehl voted  in favor  of                                                               
Conceptual Amendment Kiel 1 and  Senators Reinbold, Micciche, and                                                               
Hughes voted against it. Therefore,  Conceptual Amendment Kiehl 1                                                               
failed by a 1:3 vote.                                                                                                           
                                                                                                                                
8:32:40 PM                                                                                                                    
SENATOR KIEHL moved to adopt Conceptual Amendment Kiehl 2 that                                                                  
reads as follows:                                                                                                               
                                                                                                                                
     Page 5, line 20, through page 7, line 1:                                                                                   
          Delete all material and insert:                                                                                       
        "* Sec. 8. AS 33.05.040(a) is amended to read:                                                                      
          (a)  A probation officer shall                                                                                        
               (1)   furnish to  each probationer  under the                                                                    
     supervision of  the officer a written  statement of the                                                                    
     conditions   of  probation   and  shall   instruct  the                                                                    
     probationer regarding the same;                                                                                            
               (2)   keep  informed  concerning the  conduct                                                                    
     and   condition   of   each   probationer   under   the                                                                    
     supervision  of the  officer and  shall  report on  the                                                                    
     probationer  to  the  court   placing  that  person  on                                                                    
     probation;                                                                                                                 
               (3)      use   all  suitable   methods,   not                                                                    
     inconsistent with the conditions  imposed by the court,                                                                    
     to aid probationers and to  bring about improvements in                                                                    
     their conduct and condition;                                                                                               
               (4)   keep  records  of  the probation  work,                                                                    
     including administrative  sanctions and  incentives the                                                                    
     probation officer  imposes under  AS 33.05.020(g), keep                                                                    
     accurate and  complete accounts of all  money collected                                                                    
     from  persons under  the  supervision  of the  officer,                                                                    
     give  receipts for  money collected  and make  at least                                                                    
     monthly returns  of it, make  the reports to  the court                                                                    
     and  the commissioner  required  by  them, and  perform                                                                    
     other duties the court may direct;                                                                                         
               (5)   perform duties with respect  to persons                                                                    
     on  parole as  the commissioner  shall request,  and in                                                                    
     that service shall be termed a parole officer;                                                                             
               (6)     use   administrative  sanctions   and                                                                    
     incentives developed  under AS 33.05.020(g)  to respond                                                                    
     to  a  probationer's  negative and  positive  behavior,                                                                    
     including   responses   to  technical   violations   of                                                                    
     conditions of probation,  in a way that  is intended to                                                                    
     interrupt negative  behavior in  a swift,  certain, and                                                                    
     proportional  manner   and  support  progress   with  a                                                                    
     recognition of positive behavior;                                                                                          
               (7)    upon  determining that  a  probationer                                                                    
     under  the   supervision  of  the  officer   meets  the                                                                    
     requirements of  AS 12.55.090(g), consider recommending                                                                
     [RECOMMEND] to the court [AS  SOON AS PRACTICABLE] that                                                                    
     probation  be   terminated,  and  the   probationer  be                                                                    
     discharged from probation;                                                                                                 
               (8)  for each probationer who owes                                                                               
     restitution  and who  is under  the supervision  of the                                                                    
     officer,  create a  restitution payment  schedule based                                                                    
     on the probationer's  income and ability to  pay if the                                                                    
     court  has  not  already   set  a  restitution  payment                                                                    
     schedule;                                                                                                                  
               (9)  accommodate the diligent efforts of                                                                         
     each   probationer  to   secure  and   maintain  steady                                                                    
     employment or to participate  in educational courses or                                                                    
     training programs  when prescribing the times  at which                                                                    
     a probationer shall report;                                                                                                
               (10)  permit each probationer to travel in                                                                       
     the  state  to  make  diligent efforts  to  secure  and                                                                    
     maintain  steady   employment  or  to   participate  in                                                                    
     educational courses or training  programs if the travel                                                                    
     is not inconsistent with other  terms and conditions of                                                                    
     probation."                                                                                                                
                                                                                                                                
     Page 14, line 30, through page 15, line 1:                                                                                 
          Delete "[THE AVERAGE NUMBER OF SANCTIONS ISSUED                                                                       
     UNDER  AS 33.05.020(g)  BEFORE  A  PETITION  TO  REVOKE                                                                    
     PROBATION OR PAROLE IS FILED;]"                                                                                            
          Insert "the average number of sanctions issued                                                                        
     under  AS 33.05.020(g)  before  a  petition  to  revoke                                                                    
     probation or parole is filed;"                                                                                             
                                                                                                                                
     Page 15, line 9:                                                                                                           
          Delete "12.55.100(a)(2)(H),"                                                                                          
                                                                                                                                
     Page 15, line 10:                                                                                                          
          Delete "AS 33.05.020(g), 33.05.080(1);"                                                                               
                                                                                                                                
     Page 15, line 11:                                                                                                          
          Delete "33.16.180(8),"                                                                                                
                                                                                                                                
     Page 15, line 12:                                                                                                          
          Delete ", 33.16.900(2)"                                                                                               
                                                                                                                                
SENATOR MICCICHE objected for discussion purposes.                                                                              
                                                                                                                                
SENATOR  KIEHL  explained that  this  relates  to the  system  of                                                               
administrative sanctions  and incentives,  so the  department has                                                               
swift  "carrots   and  sticks"  available.   This  administrative                                                               
sanction and  incentive program  would regularize  what testimony                                                               
indicated was  inconsistent across the state.  This would provide                                                               
quick,  certain  punishments  for   minor  violations  and  still                                                               
provide incentives and benefits for  those who are doing the good                                                               
things that  they need to  do to  get their lives  turned around.                                                               
They are not just marking time.                                                                                                 
                                                                                                                                
He  said the  department could  implement this  by regulation  in                                                               
order to  fine tune  the system  of administrative  sanctions and                                                               
incentives to provide  the most effective tool  to assist inmates                                                               
in turning their  lives around, so they do not  commit new crimes                                                               
and create new victims.                                                                                                         
                                                                                                                                
CHAIR HUGHES  asked Mr.  Skidmore whether  the Department  of Law                                                               
supports or opposes the amendment.                                                                                              
                                                                                                                                
MR. SKIDMORE responded that  administrative sanctions are handled                                                               
by the Department of Corrections.                                                                                               
                                                                                                                                
8:34:39 PM                                                                                                                    
MS. WINKELMAN  said that the DOC  does not want "a  cookie cutter                                                               
approach" to  deal with  offenders. Rather,  they want  to tailor                                                               
the  response  to an  offender's  needs.  Thus, the  DOC  opposes                                                               
[Conceptual Amendment Kiehl 2].                                                                                                 
                                                                                                                                
8:34:59 PM                                                                                                                    
SENATOR MICCICHE maintained his objection.                                                                                      
                                                                                                                                
8:35:02 PM                                                                                                                    
A  roll call  vote was  taken. Senator  Kiehl voted  in favor  of                                                               
adopting  Conceptual Amendment  Kiehl  2  and Senators  Reinbold,                                                               
Micciche,  and Hughes  voted  against  it. Therefore,  Conceptual                                                               
Amendment Kiehl 2 failed by a 1:3 vote.                                                                                         
                                                                                                                                
8:35:22 PM                                                                                                                    
SENATOR KIEHL moved to adopt Conceptual Amendment Kiehl 3:                                                                      
                                                                                                                                
     Page 1, line 5, through page 2, line 4:                                                                                    
          Delete all material.                                                                                                  
                                                                                                                                
     Page 2, line 5:                                                                                                            
          Delete "Sec. 2"                                                                                                     
          Insert "Section 1"                                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 2, line 10:                                                                                                           
          Delete "[SUBJECT TO THE LIMITS SET OUT IN                                                                             
     AS 12.55.110]"                                                                                                             
          Insert "subject to the limits set out in                                                                              
     AS 12.55.110"                                                                                                              
                                                                                                                                
     Page 2, line 19:                                                                                                           
          Delete "[SUBJECT TO THE LIMITS SET OUT IN                                                                             
     AS 12.55.110]"                                                                                                             
          Insert "subject to the limits set out in                                                                              
     AS 12.55.110"                                                                                                              
                                                                                                                                
     Page 12, lines 4 - 27:                                                                                                     
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 15, lines 9 - 10:                                                                                                     
          Delete "[PROBATIONERS AND PAROLEES ADMITTED                                                                           
     SOLELY FOR A TECHNICAL VIOLATION;]"                                                                                        
          Insert "probationers and parolees admitted solely                                                                     
     for a technical violation;"                                                                                                
                                                                                                                                
     Page 15, lines 13 - 16:                                                                                                    
          Delete all material and insert:                                                                                       
          "AS 12.55.100(a)(2)(H),              12.55.110(f);                                                                    
    AS 33.05.020(g),    33.05.080(1);   AS 33.16.090(b)(2),                                                                     
    33.16.100(f),    33.16.180(8),     33.16.210(b),    and                                                                     
     33.16.900(2) are repealed."                                                                                                
                                                                                                                                
     Page 15, line 30:                                                                                                          
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following paragraphs accordingly.                                                                             
                                                                                                                                
     Page 15, line 31:                                                                                                          
          Delete "sec. 2"                                                                                                       
          Insert "sec. 1"                                                                                                       
                                                                                                                                
     Page 16, line 1:                                                                                                           
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          Insert "sec. 9"                                                                                                       
                                                                                                                                
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          Insert "sec. 2"                                                                                                       
                                                                                                                                
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          Insert "sec. 12"                                                                                                      
                                                                                                                                
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          Insert "sec. 15"                                                                                                      
                                                                                                                                
     Page 16, lines 16 - 17:                                                                                                    
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following paragraphs accordingly.                                                                             
                                                                                                                                
     Page 16, line 18:                                                                                                          
          Delete "sec. 19"                                                                                                      
          Insert "sec. 16"                                                                                                      
                                                                                                                                
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     Page 16, line 24:                                                                                                          
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          Insert "sec. 3"                                                                                                       
                                                                                                                                
     Page 16, line 25:                                                                                                          
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          Insert "sec. 4"                                                                                                       
                                                                                                                                
SENATOR MICCICHE objected for discussion purposes.                                                                              
                                                                                                                                
8:35:40 PM                                                                                                                    
SENATOR KIEHL  said that this  returns the  technical violations.                                                               
He  explained   that  these  are  for   the  comparatively  small                                                               
violations  by probationers  and  parolees that  help ensure  the                                                               
effective and  efficient administration  of justice for  those in                                                               
under supervision.  He said this  would mean that the  same level                                                               
of resources  would not  be used  for those who  are late  for an                                                               
appointment as  for ones  who skip out  on their  supervision. He                                                               
said this give  the department the ability to scale  what it does                                                               
with technical violations.                                                                                                      
                                                                                                                                
CHAIR HUGHES  asked Mr.  Skidmore whether  the Department  of Law                                                               
supports the amendment.                                                                                                         
                                                                                                                                
8:37:19 PM                                                                                                                    
MR. SKIDMORE responded that the  department is vehemently opposed                                                               
to this  amendment. He said  that technical violations for  3, 5,                                                               
and 10-day  caps did not  end up being swift  nor do they  end up                                                               
being  proportional.  It  is a  one-size-fits-all  cookie  cutter                                                               
approach that line  prosecutors resoundingly said was  one of the                                                               
most ineffective provisions in Senate Bill 91.                                                                                  
                                                                                                                                
SENATOR MICCICHE maintained his objection.                                                                                      
                                                                                                                                
8:38:04 PM                                                                                                                    
A  roll call  vote was  taken. Senator  Kiehl voted  in favor  of                                                               
Conceptual  Amendment   Kiehl  3   and  Senators   Reinbold  (via                                                               
teleconference),   Micciche,  and   Hughes   voted  against   it.                                                               
Therefore, Conceptual Amendment Kiehl 3 failed by a 1:3 vote.                                                                   
                                                                                                                                
8:38:25 PM                                                                                                                    
SENATOR KIEHL moved to adopt Conceptual Amendment Kiehl 4:                                                                      
                                                                                                                                
     Page 13, line 29 - page 14, line 1:                                                                                        
                                                                                                                                
          Delete all material and insert:                                                                                       
                                                                                                                                
       "* Sec. 21. AS 33.20.010(c) is amended to read:                                                                          
               (c)  A prisoner  is entitled  to a  good time                                                                    
     deduction under (a) of this  section for any time spent                                                                    
     [UNDER  ELECTRONIC  MONITORING  OR]  in  a  residential                                                                    
     program for treatment of alcohol  or drug abuse under a                                                                    
     prerelease  furlough as  provided  in  AS 33.30.101.  A                                                                
     prisoner  may  not be  awarded  a  good time  deduction                                                                
     under (a)  of this  section for any  period spent  in a                                                                
     private residence or on electronic monitoring.                                                                         
                                                                                                                                
                                                                                                                                
SENATOR MICCICHE objected for discussion purposes.                                                                              
                                                                                                                                
SENATOR KIEHL  explained that Conceptual Amendment  Kiehl 4 would                                                               
apply  to  inpatient drug  and  alcohol  abuse treatment.  It  is                                                               
written  such that  no one  can receive  good time  for going  to                                                               
their weekly  appointment for drug  and alcohol  abuse treatment.                                                               
This is  limited to inpatient residential  settings where freedom                                                               
is restricted. This  is an opportunity to  create more incentives                                                               
for people  in such treatment  programs. He pointed  out specific                                                               
language on  line 7, "A prisoner  may not be awarded  a good time                                                               
deduction ? in a private  residence or on electronic monitoring."                                                               
This  language  would  ensure that  this  is  specifically  about                                                               
inpatient treatment  and the  more intensive  work to  get people                                                               
off of drugs and alcohol. He  said that treatment can be critical                                                               
in  turning  people  around.  He  offered  his  belief  that  not                                                               
providing a good  time deduction makes it much  more difficult to                                                               
get people to be sober  and productive members of society instead                                                               
of addicted and much more likely to commit crimes.                                                                              
                                                                                                                                
MR.  SKIDMORE said  the DOL  is opposed  to Conceptual  Amendment                                                               
Kiehl  4  While  he  understands   the  sponsor's  position,  the                                                               
administration has been opposed to  offering good time except for                                                               
anything other than a "hard bed."                                                                                               
                                                                                                                                
SENATOR MICCICHE maintained his objection.                                                                                      
                                                                                                                                
8:40:27 PM                                                                                                                    
A  roll call  vote was  taken. Senator  Kiehl voted  in favor  of                                                               
Conceptual Amendment Kiel 4 and  Senators Reinbold, Micciche, and                                                               
Hughes voted against it. Therefore,  Conceptual Amendment Kiehl 4                                                               
failed by a 1:3 vote.                                                                                                           
                                                                                                                                
8:40:54 PM                                                                                                                    
SENATOR KIEHL moved to adopt Conceptual Amendment Kiehl 5.                                                                      
                                                                                                                                
     Page 15, line 10:                                                                                                          
          Delete "12.55.110(f),"                                                                                                
                                                                                                                                
SENATOR MICCICHE objected for discussion purposes.                                                                              
                                                                                                                                
SENATOR  KIEHL  explained that  this  relates  to a  petition  to                                                               
revoke when  someone has  not completed  treatment. He  said that                                                               
this  would remove  a section  from the  repealers and  return an                                                               
affirmative  defense  when  someone cannot  afford  treatment  or                                                               
cannot  get into  a  free treatment  program  despite good  faith                                                               
effort. He  said that if  someone is doing  what they can  to get                                                               
into a treatment  program but cannot afford it,  it is imperative                                                               
to make treatment available. He  clarified that this amendment is                                                               
not meant for someone who is  slacking. He said that showing good                                                               
faith is an  affirmative defense and this  language would restore                                                               
that  affirmative  defense  when  someone  faces  a  petition  to                                                               
revoke.                                                                                                                         
                                                                                                                                
MR.  SKIDMORE  stated  that  the   department  does  not  have  a                                                               
position. He  said that if  someone is not  able to pay,  the DOL                                                               
would not seek to revoke his/her probation.                                                                                     
                                                                                                                                
SENATOR MICCICHE maintained his objection.                                                                                      
                                                                                                                                
8:42:55 PM                                                                                                                    
A  roll call  vote was  taken. Senator  Kiehl voted  in favor  of                                                               
Conceptual  Amendment   Kiehl  5   and  Senators   Reinbold  (via                                                               
teleconference),   Micciche,  and   Hughes   voted  against   it.                                                               
Therefore, Conceptual Amendment Kiehl 5 failed by a 1:3 vote.                                                                   
                                                                                                                                
8:43:28 PM                                                                                                                    
SENATOR KIEHL  said that Conceptual  Amendment Kiehl 6  would not                                                               
be offered since it was addressed in earlier discussions.                                                                       
                                                                                                                                
8:43:56 PM                                                                                                                    
At-ease.                                                                                                                        
                                                                                                                                
8:44:55 PM                                                                                                                    
CHAIR  HUGHES   reconvened  the  meeting.  She   moved  to  adopt                                                               
Amendment 7, work order 31-GS1031\K.4, Radford, 4/22/19.                                                                        
                                                                                                                                
                          AMENDMENT 7                                                                                       
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                    BY SENATOR HUGHES                                                                 
     TO:  CSSB 34(JUD), Draft Version "K"                                                                                       
                                                                                                                                
                                                                                                                                
     Page 8, line 13:                                                                                                           
          Delete   "notwithstanding    (b)(7)(C)   of   this                                                                
     section, a sentence"                                                                                                   
          Insert "a prisoner sentenced to a single                                                                          
         sentence, including a consecutive or partially                                                                     
     consecutive sentence,"                                                                                                 
                                                                                                                                
                                                                                                                                
SENATOR REINBOLD objected for discussion purposes.                                                                              
                                                                                                                                
MR. WHITT explained  that Amendment 7 pertains to  Section 10 and                                                               
was  requested  by  the  Department  of  Law.  It  addresses  the                                                               
potential  confusion that  can arise  from the  "notwithstanding"                                                               
language and  clarifies that this  specific bar  to discretionary                                                               
parole applies to sentences which include consecutive sentences.                                                                
                                                                                                                                
8:46:38 PM                                                                                                                    
MS. SCHROEDER  explained this change  would clarify  the language                                                               
in Section  10, page  8, lines  13-17. The  department originally                                                               
requested this  language because of a  potential conflict between                                                               
the  language in  subsection (b)(7)(C)  and Section  10. However,                                                               
the DOL  recognized it  might add more  confusion and  decided to                                                               
instead   insert   the   language,  "consecutive   or   partially                                                               
consecutive sentence."                                                                                                          
                                                                                                                                
SENATOR REINBOLD removed her objection.                                                                                         
                                                                                                                                
There being no further objection, Amendment 7 was adopted.                                                                      
                                                                                                                                
8:47:59 PM                                                                                                                    
CHAIR HUGHES stated that SB 34,  Version K as amended, was before                                                               
the committee.                                                                                                                  
                                                                                                                                
8:48:04 PM                                                                                                                    
At-ease.                                                                                                                        
                                                                                                                                
8:49:42 PM                                                                                                                    
CHAIR HUGHES reconvened the meeting.                                                                                            
                                                                                                                                
8:49:48 PM                                                                                                                    
SENATOR  REINBOLD commented  that  the bill  has  moved a  little                                                               
faster  than she  had envisioned.  However,  she said  she was  a                                                               
strong believer in the crime bills  as a crime package to improve                                                               
public safety in  the state. This bill would also  help to ensure                                                               
that the  departments are working together  to coordinate efforts                                                               
to improve  public safety.  She said  that Alaska  is one  of the                                                               
most  dangerous states  in the  nation. She  said that  she is  a                                                               
little  uncomfortable moving  the  committee  substitute at  this                                                               
pace. However, she heard the  bill in the prior committee [Senate                                                               
Labor  and   Commerce  Standing   Committee],  so  she   is  very                                                               
comfortable with  the overall bill.  She offered her  belief that                                                               
this  bill is  a critical  step in  the right  direction for  law                                                               
enforcement and to  the DOL and DOC. She offered  her support for                                                               
the bill.                                                                                                                       
                                                                                                                                
8:51:17 PM                                                                                                                    
SENATOR  MICCICHE  said that  he  supports  the changes.  He  was                                                               
uncomfortable with one  section on the license  return issue, but                                                               
the committee worked together and  fixed some minor issues in the                                                               
drafting. He said that he is a "do pass."                                                                                       
                                                                                                                                
8:51:54 PM                                                                                                                    
SENATOR  KIEHL said  that  he  appreciated the  work  on the  DUI                                                               
section, which  was an issue he  felt needed to be  addressed. He                                                               
said that on the  whole, the bill has a lot  of fiscal impact. He                                                               
said it returns a lot  of inconsistent administration of justice,                                                               
which he believes is a  recipe for bad administration. He offered                                                               
his  belief  that  it  will  be all  fiscal  note  and  no  crime                                                               
reduction. He said that he will object to moving the bill.                                                                      
                                                                                                                                
CHAIR  HUGHES  remarked that  the  public  has expressed  concern                                                               
about   offenders  on   the  street,   but  when   offenders  are                                                               
incarcerated the public does not  have to be concerned about them                                                               
committing crimes.  She said when  offenders are on  probation or                                                               
parole that it is incumbent to  tighten the reins for the sake of                                                               
the public.  She said she will  be a "yes" vote.  She thinks that                                                               
the  state  can  achieve  some  of the  things  that  people  who                                                               
supported  Senate Bill  91  wanted to  achieve  and also  improve                                                               
public  safety.  She  emphasized  that  the  crime  bills  are  a                                                               
comprehensive  package and  the pieces  fit together.  She thinks                                                               
that as  work continues in  the coming year that  improvements in                                                               
public safety will occur. She  said that the pre-2014 data, prior                                                               
to Senate Bill  91 showed that recidivism was  dropping. She said                                                               
she hoped that recidivism would continue to drop.                                                                               
                                                                                                                                
8:54:36 PM                                                                                                                    
SENATOR REINBOLD  moved to report  the committee  substitute (CS)                                                               
for SB 34, work order  31GS1031\K as amended, from committee with                                                               
individual recommendations and attached fiscal note(s).                                                                         
                                                                                                                                
SENATOR KIEHL objected.                                                                                                         
                                                                                                                                
8:55:04 PM                                                                                                                    
A  roll call  vote was  taken. Senators  Reinbold, Micciche,  and                                                               
Hughes  voted  in  favor  of  reporting  the  CSSB  34(JUD)  from                                                               
committee  and Senator  Kiehl voted  against  it. Therefore,  the                                                               
CSSB  34(JUD) was  reported from  the  Senate Judiciary  Standing                                                               
Committee by a 3:1 vote.                                                                                                        
                                                                                                                                
CHAIR HUGHES asked  the record to reflect  that Legislative Legal                                                               
Services  has permission  to make  any  technical and  conforming                                                               
changes necessary to implement the adopted amendments.                                                                          
                                                                                                                                
8:55:46 PM                                                                                                                    
At-ease.                                                                                                                        
                                                                                                                                
         SB 52-ALCOHOLIC BEVERAGE CONTROL; ALCOHOL REG                                                                      
                                                                                                                                
9:00:09 PM                                                                                                                    
CHAIR HUGHES reconvened the meeting  and announced that the final                                                               
order of business  would be SENATE BILL NO. 32,  "An Act relating                                                               
to   criminal  law   and   procedure;   relating  to   controlled                                                               
substances;  relating  to   probation;  relating  to  sentencing;                                                               
relating to  reports of involuntary commitment;  amending Rule 6,                                                               
Alaska  Rules  of  Criminal  Procedure;   and  providing  for  an                                                               
effective date."                                                                                                                
                                                                                                                                
[CSSB 52(L&C), Version S, was before the committee.]                                                                            
                                                                                                                                
9:00:39 PM                                                                                                                    
SENATOR MICCICHE,  speaking as sponsor  of SB 52, said  that with                                                               
all the  focus on  drugs and  crime, the reality  is that  a very                                                               
high proportion is related to  alcohol. Some experts say that the                                                               
percentage  of alcohol-related  crimes  is in  the  high 90s.  he                                                               
said. He said  SB 52 rewrites Title 4, which  can be described as                                                               
a  30-year   accumulation  of  mistakes   and  a   hodgepodge  of                                                               
corrections.  He said  the  primary focus  is  on public  safety,                                                               
public  health, industry,  the Alcoholic  Beverage Control  Board                                                               
(ABC Board), and  legislative issues. This bill is  the result of                                                               
approximately 140  stakeholders working  together. He  noted that                                                               
everyone  has  a  different  way of  viewing  the  importance  of                                                               
alcohol.  The state  supports the  industry, which  is the  third                                                               
largest taxpayer  in the state,  but representatives  from public                                                               
health and public safety ensure the right mix.                                                                                  
                                                                                                                                
SENATOR  MICCICHE,  paraphrasing   from  the  sponsor  statement,                                                               
stated  the primary  goals that  stakeholders established  as the                                                               
foundation for developing recommendations:                                                                                      
                                                                                                                                
     ? Promoting a fair business climate and protect public                                                                     
     health and safety.                                                                                                         
      ? Creating rational regulation for all tiers of the                                                                       
     state's alcohol industry.                                                                                                  
     ? Limiting youth access to alcohol.                                                                                        
       ? Promoting responsible alcohol use and reduce the                                                                       
     harms of overconsumption                                                                                                   
       ? Implementing change without negative impacts on                                                                        
     businesses and responsible operators.                                                                                      
                                                                                                                                
9:02:38 PM                                                                                                                    
CHAIR  HUGHES  referred  to  the April  22,  2019  PowerPoint  in                                                               
members' packets.                                                                                                               
                                                                                                                                
9:02:56 PM                                                                                                                    
EDRA  MORLEDGE,  Staff,  Senator  Peter  Micciche,  Alaska  State                                                               
Legislature, Juneau,  stated that Ms. Anna  Brawley would provide                                                               
an overview  of the  bill. She offered  to follow  the PowerPoint                                                               
presentation  with   broad  strokes  of  the   21-page  sectional                                                               
analysis.                                                                                                                       
                                                                                                                                
9:03:46 PM                                                                                                                    
ANNA  BRAWLEY,  Title 4  Project  Review  Coordinator and  Senior                                                               
Associate, Agnew Beck Consulting,  Anchorage, began a PowerPoint,                                                               
titled  Alcoholic Beverage  Control  (ABC) Board  Title 4  Review                                                               
Project.                                                                                                                        
                                                                                                                                
9:04:00 PM                                                                                                                    
MS.  BRAWLEY  turned  to  slide  2,  "Goals  of  Title  4  Review                                                               
Process." She  stated that  this process began  in 2012  with the                                                               
Alcoholic  Beverage Control  Board (ABC  Board) recognizing  that                                                               
Title 4 needed improvements.                                                                                                    
                                                                                                                                
     Goals of Title 4 Review Process                                                                                            
                                                                                                                                
       Promote a fair business climate and protect public                                                                       
     health and safety.                                                                                                         
                                                                                                                                
     1.  Create rational  regulation  for all  tiers of  the                                                                    
     state's alcohol industry.                                                                                                  
     2. Limit youth access  to alcohol, while ensuring youth                                                                    
     are not criminalized                                                                                                       
     3.  Promote  responsible  alcohol use  and  reduce  the                                                                    
     harms of overconsumption.                                                                                                  
                                                                                                                                
     Make Title 4 a clear and consistent legal framework.                                                                       
                                                                                                                                
     1. Increase swiftness,  proportionality and consistency                                                                    
     of penalties.                                                                                                              
     2. Increase local law enforcement of Title 4.                                                                              
     3.  Increase  licensee  accountability before  the  ABC                                                                    
     Board for Title 4 violations.                                                                                              
                                                                                                                                
MS. BRAWLEY turned to slide 3, which listed diverse stakeholder                                                                 
groups involved in the process.                                                                                                 
                                                                                                                                
     Diverse Stakeholders:                                                                                                      
                                                                                                                                
     ? ABC Board, AMCO (staff)                                                                                                  
     ? Public Safety and Law Enforcement                                                                                        
     ? Industry - Manufacturers - Wholesalers - Retailers                                                                       
     ? Public Health - Recover Alaska - Department of Health                                                                    
     and  Social  Services  -  Alaska  Mental  Health  Trust                                                                    
     Authority - Rasmuson Foundation                                                                                            
     ? Community Advocates ? Local Governments                                                                                  
                                                                                                                                
MS.  BRAWLEY  directed  attention   to  the  report  in  members'                                                               
packets,  "ALASKA  TITLE  4  REVIEW   FOR  THE  Alaska  Alcoholic                                                               
Beverage  Control  Board  Recommendations  for  Statutory  Change                                                               
Updated February 2019."  She noted she will refer  to that report                                                               
during this presentation.                                                                                                       
                                                                                                                                
9:04:41 PM                                                                                                                    
MS. BRAWLEY turned to slide 4, "Categories of Recommendations."                                                                 
                                                                                                                                
   1. Alcohol Licenses, Permits and Trade Practices                                                                             
   2. Role and Functions of the ABC Board and Staff                                                                             
   3. Underage Drinking and Youth Access to Alcohol                                                                             
   4. Regulation of Internet Sales of Alcohol                                                                                   
   5. Technical or Administrative Law Changes                                                                                   
   6. Local Option Communities*                                                                                               
     * Note: Local Option  recommendations are documented in                                                                  
     the   report,  but   not  included   in  SB   52.  More                                                                    
        comprehensive discussion of Local Option laws is                                                                        
     needed in the future.                                                                                                      
     Note: all section references current to CSSB 52 ver. B                                                                     
     4-19-19                                                                                                                    
                                                                                                                                
She explained  that the categories  of recommendations  relate to                                                               
the subcommittee process the stakeholders  went through. She said                                                               
the bill makes  some technical changes to local  option laws, but                                                               
most  were deferred  to further  discussion  especially in  rural                                                               
communities. Several parts of Title 4 were not touched in SB 52.                                                                
                                                                                                                                
9:05:30 PM                                                                                                                    
MS. BRAWLEY turned to slide 5, "RB-4 Board as Key Partner."                                                                     
                                                                                                                                
      RB-4. ABC Board as Key Partner for Alcohol Education                                                                      
     Efforts                                                                                                                    
                                                                                                                                
   • The ABC Board and AMCO would work with other agencies                                                                      
      and organizations to develop a coordinated education                                                                      
       plan about responsible alcohol use and applicable                                                                        
     laws.                                                                                                                      
   • Coordinate with Department of Health and Social                                                                            
        Services and other agencies tasked with alcohol-                                                                        
     related education.                                                                                                         
     Section 2, 04.06.075; Section 6, 04.06.0                                                                                   
                                                                                                                                
She  said that  her presentation  focuses on  the high-level                                                                    
policy recommendations. One  of the ways to  be effective in                                                                    
enforcement  is to  work upstream  and educate  people about                                                                    
the laws  and how  to comply  with them.  One recommendation                                                                    
was  to strengthen  the Alcoholic  Beverage Control  Board's                                                                    
(ABC Board) role  as a key partner in  alcohol education. It                                                                    
is  not meant  to be  in  place of  other alcohol  education                                                                    
since  it  is specific  to  education  about Title  4.  This                                                                    
education would  include outreach to local  governments, the                                                                    
general  public, and  the alcohol  industry. In  response to                                                                    
Chair  Hughes,   she  identified  AMCO  as   the  Alcohol  &                                                                    
Marijuana Control Office.                                                                                                       
                                                                                                                                
9:06:29 PM                                                                                                                    
MS. BRAWLEY turned  to slide 6, "Alaska's  Liquor License System:                                                               
Proposed  Changes."  This  slide  illustrated  graphics  for  the                                                               
manufacturing  and wholesale  tiers,  which are  included in  the                                                               
Title 4 Review Report Appendix.                                                                                                 
                                                                                                                                
     Alaska's license system is based on the 3-tier system                                                                      
     of alcohol regulation: separate entities manufacture,                                                                      
     distribute, and sell alcohol to the public.                                                                                
                                                                                                                                
She stated  that the next three  slides give a broad  overview of                                                               
changes  to  the  licensing  system.  The  slides  clarify  which                                                               
endorsements and permits are available for each license.                                                                        
                                                                                                                                
9:07:17 PM                                                                                                                    
CHAIR   HUGHES   reiterated   the   3-tier   system   encompasses                                                               
manufacture, distribution, and sales.                                                                                           
                                                                                                                                
9:07:32 PM                                                                                                                    
MS. BRAWLEY  turned to slide  7 "Alaska's Liquor  License System:                                                               
Proposed  Changes." She  said that  this graphic  is intended  to                                                               
illustrate how all the licenses  work together. She indicated the                                                               
changes to brewery retail, winery  retail, and distillery retail.                                                               
One recommendation  in SB 52  is to split  manufacturing licenses                                                               
into a production  license and what is commonly referred  to as a                                                               
tasting  room   would  fall  under   a  retail  license   that  a                                                               
manufacturer could  hold. The concept  of endorsement is  new and                                                               
is intended to  give more flexibility for businesses  and the ABC                                                               
Board  to consider  different  business  models without  creating                                                               
another license type for that model.                                                                                            
                                                                                                                                
9:08:18 PM                                                                                                                    
MS. BRAWLEY turned  to slide 8, "Alaska's  Liquor License System:                                                               
Proposed Changes." This continues  to illustrate the retail tier,                                                               
including  tourism  licenses  that   tend  to  fall  outside  the                                                               
population limits.  Liquor licenses essentially are  limited to a                                                               
number of  licenses that  are available  by community,  but those                                                               
that specifically serve visitors are  outside those limits. A few                                                               
license types  are proposed  for removal from  Title 4,  with the                                                               
intent that  they would  be replaced  by existing  license types,                                                               
including brewpub,  bottling works,  and public  convenience, she                                                               
said. Currently  five types of  manufacturing licenses  exist, so                                                               
this  bill  would  also  address   the  types  of  manufacturer's                                                               
licenses. In  response to  Chair Hughes,  she identified  REPL as                                                               
Restaurant or Eating Place License  and directed attention to the                                                               
left column on slide 7.                                                                                                         
                                                                                                                                
9:09:30 PM                                                                                                                    
MS. BRAWLEY  turned to  slide 9,  "Proposed: More  Retail Options                                                               
for  Manufacturers."  This slide  illustrates  that  most of  the                                                               
recommendations do  not make changes  to licenses.  One exception                                                               
is  to   manufacturers.  Currently,  a  brewery   license  has  a                                                               
production  function and  a retail  function. This  bill proposes                                                               
splitting those into  two different license types.  It would also                                                               
give manufacturers  the ability to  obtain a retail  license, not                                                               
currently allowed except  for brewpubs. This would  include a bar                                                               
license, the beverage dispensary  license (BDL), a package store,                                                               
or  any  other  retail  license type.  The  establishments  could                                                               
retain  their current  retail license,  which would  have limited                                                               
sales volume and limited hours.                                                                                                 
                                                                                                                                
9:10:18 PM                                                                                                                    
MS.  BRAWLEY turned  to slide  10,  "Proposed Manufacturer  Sales                                                               
Limits."  This illustrates  the recommendation  for each  license                                                               
type  and matches  what  is currently  in  statute. She  directed                                                               
attention  to  the offsite  sales  limits  for brewery  and  wine                                                               
retail which  was changed  in the CSSB  52(L&C) adopted  on April                                                               
19, 2019.                                                                                                                       
                                                                                                                                
9:10:42 PM                                                                                                                    
MS.  BRAWLEY  turned  to slide  11,  "Proposed:  Endorsements  on                                                               
Licenses."                                                                                                                      
                                                                                                                                
    Add   endorsements   to   existing   licenses,   giving                                                                 
       businesses more flexibility without creating more                                                                        
     situation-specific license types.                                                                                          
                                                                                                                                
         Endorsements would allow sampling on premises,                                                                         
     multiple bar rooms, deliveries by package stores, etc.                                                                     
     Section   10,   04.09.400;  endorsements   defined   in                                                                    
     04.09.410 - .520                                                                                                           
                                                                                                                                
She explained that  endorsements do not currently  exist in Title                                                               
4,  but it  would be  an  "add on"  to  a license,  similar to  a                                                               
tobacco  endorsement   for  a  business  license   or  commercial                                                               
driver's  license  endorsement.  She  stated  that  most  of  the                                                               
endorsements in  the bill take  existing language from  a license                                                               
type,  permit,  or  regulation and  create  an  endorsement.  She                                                               
further  explained that  either expands  the activities  that are                                                               
allowed under a license or  it allows a larger physical premises,                                                               
such as a golf course  endorsement would allow serving alcohol on                                                               
the  course. Most  of these  changes relocate  existing language,                                                               
she said.                                                                                                                       
                                                                                                                                
9:11:33 PM                                                                                                                    
MS. BRAWLEY turned to slide 12, "Proposed Endorsements.                                                                         
                                                                                                                                
   • R-7A | Bowling Alley Endorsement                                                                                           
   • R-7B | Package Store Shipping Endorsement                                                                                  
   • R-7C | Package Store Delivery Endorsement                                                                                  
   • R-7D | Package Store Re-Packaging Endorsement                                                                              
   • [M-2] Manufacturer Sampling Endorsement                                                                                    
   • [R-1] Multiple Fixed Counter Endorsement                                                                                   
   • [R-1] Hotel/Motel Endorsement                                                                                              
   • [R-1] Large Resort Endorsement                                                                                             
   • [R-3] Package Store Sampling Endorsement                                                                                   
   • [M-1] Brewery Repackaging Endorsement                                                                                      
     Section 10, 04.09.410 - .520                                                                                               
                                                                                                                                
She noted the codes on the left side correspond to those in the                                                                 
report that reference specific recommendations.                                                                                 
                                                                                                                                
9:11:45 PM                                                                                                                    
MS. BRAWLEY reviewed slide 13, "R-7 Standardize Permits."                                                                       
                                                                                                                                
   • Unlike licenses, permits are typically issued for single                                                                   
     events, on or off licensed premises.                                                                                       
  • Define all permit types in statute, not just in regulation                                                                  
   • Fee for all permits is $50 per event day                                                                                   
   • Most permits listed are already in statute or regulation                                                                   
   • New permit: Tasting Event Permit, allowing a Package Store                                                                 
     or Manufacturer to host an event on premises, in                                                                           
     partnership with a BDL                                                                                                     
     Section 10, 04.09.600; permits defined in 04.09.610 - .690                                                                 
                                                                                                                                
She said most permits are time limited for a specific event and                                                                 
defined in regulation. The recommendation is to standardize them                                                                
and have a standardized fee.                                                                                                    
                                                                                                                                
9:12:14 PM                                                                                                                    
MS. BRAWLEY reviewed slide 14, "Proposed Permits."                                                                              
                                                                                                                                
   • R-7F | Beverage Dispensary Caterer's Permit (AS 04.11.230;                                                                 
     3 AAC 304.685)                                                                                                             
  • R-7G | Restaurant Caterer's Dining Permit (3 AAC 304.680)                                                                   
   • R-7H | Club Caterer's Permit (3 AAC 304.690)                                                                               
   • R-7I | Nonprofit Event Permit (AS 04.11.240)                                                                               
   • R-7J | Art Exhibit Permit (3 AAC 304.697)                                                                                  
   • R-7K | Alcoholic Beverage Auction Permit (3 AAC 304.699)                                                                   
   • R-7L | Inventory Resale Permit (Retail Stock Sale License,                                                                 
     AS 04.11.200)                                                                                                              
   • R-7M | Tasting Event Permit (proposed)                                                                                     
     Section 10, 04.09.600; permits defined in 04.09.610 - .690                                                                 
                                                                                                                                
She noted they have statute or regulation references.                                                                           
                                                                                                                                
CHAIR HUGHES  asked whether someone  who obtained  an endorsement                                                               
would  also need  a permit  for a  specific event  or if  someone                                                               
could get a permit without a license or endorsement.                                                                            
                                                                                                                                
MS.  BRAWLEY answered  that an  endorsement must  be used  with a                                                               
license. She  clarified that some  license types can  get permits                                                               
but a  license is not necessarily  required to use a  permit. For                                                               
example,  a   nonprofit  organization   that  wants  to   hold  a                                                               
fundraiser could apply for a certain  type of permit and it would                                                               
not need a license.                                                                                                             
                                                                                                                                
9:13:00 PM                                                                                                                    
MS. BRAWLEY reviewed slide 15,  "Population Limits: Current Title                                                               
4."                                                                                                                             
                                                                                                                                
   • Some license types are exempt from population limits: most                                                                 
     exempt license types are designed to serve tourists and                                                                    
    travelers, such as hotels or outdoor recreation lodges.                                                                     
   • They can be issued if other qualifications are met (ex:                                                                    
     minimum number of hotel rooms).                                                                                            
                                                                                                                                
She  stated that  population limits  provide an  important public                                                               
health  protection  against  an excessive  density  of  licenses.                                                               
These  are   set  by  communities.   The  graphic  on   slide  15                                                               
illustrates that a  city within a borough would have  two sets of                                                               
licenses using a formula that  looks at permanent residents. Some                                                               
license  types are  exempt from  population limits.  For example,                                                               
the  formula for  licenses for  restaurants is  based on  one for                                                               
every 1,500 residents in the community,  but they are also set by                                                               
type. The  more types of  licenses the more frequently  the clock                                                               
resets for the number of  total licenses. It basically means that                                                               
the more types  of licenses a community has the  more outlets for                                                               
alcohol  the community  could potentially  have even  though each                                                               
one is limited by population.                                                                                                   
                                                                                                                                
CHAIR HUGHES  said that she  resides in the fastest  growing part                                                               
of the state, although Palmer  and Wasilla have fairly small city                                                               
limits.  She stated  that  much  of commerce  is  located on  the                                                               
Wasilla side and it seems to  explode during the summer as people                                                               
head  up the  Parks Highway.  She said  she was  not sure  of the                                                               
population, but  it is  a fraction  of the  number of  people who                                                               
come  through  Wasilla  for  services.   She  asked  whether  any                                                               
accommodation is  made for that  situation since it would  mean a                                                               
small  number of  licenses  if  it is  based  on population  even                                                               
though  they  serve 100,000  people  in  the Mat-Su  Borough  and                                                               
probably 30,000-40,000 people on a busy summer weekend.                                                                         
                                                                                                                                
9:15:11 PM                                                                                                                    
SENATOR MICCICHE acknowledged  that Chair Hughes' issue  is a lot                                                               
like the  one in his community.  He said that Soldotna  has 4,000                                                               
people until summer when 30,000  people arrive. He said that this                                                               
issue would be  covered in more detail, but this  bill would give                                                               
some  local   options  for  communities  to   request  additional                                                               
licenses. He stated that city  management from Soldotna and Kenai                                                               
were involved  in this process and  they think they have  found a                                                               
healthy solution.                                                                                                               
                                                                                                                                
9:15:59 PM                                                                                                                    
CHAIR HUGHES  said that the  City and  Borough of Juneau  and the                                                               
Municipality of  Anchorage each  have massive  areas and  use the                                                               
population ratio, but  it is different in the Kenai  and the Mat-                                                               
Su Boroughs that have towns with small populations.                                                                             
                                                                                                                                
MS.  BRAWLEY  said some  things  in  current law  recognize  that                                                               
reality. Some license types such as  a bar license for a hotel is                                                               
exempt from the population limits.                                                                                              
                                                                                                                                
9:16:40 PM                                                                                                                    
MS.  BRAWLEY   reviewed  slide  16,  "Proposed:   Convert  Public                                                               
Convenience Licenses and Applications."                                                                                         
                                                                                                                                
    Existing   Public   Convenience   licenses   would   be                                                                     
        converted to regular Restaurant or Eating Place                                                                         
     Licenses (REPLs).                                                                                                          
                                                                                                                                
     Applications that have been completed  as of the bill's                                                                    
     signing  date would  be converted  to applications  for                                                                    
     regular REPLs  and could be  approved by the  ABC Board                                                                    
     outside the existing population limits.                                                                                    
                  Sections 165-166, Transition                                                                                  
                                                                                                                                
She said  that public convenience  is not defined in  statute, so                                                               
the  board  lacks  guidance.  The petition  process  used  by  an                                                               
applicant requires a certain number  of signatures, but the board                                                               
does not have a  process to verify if they are  valid since it is                                                               
not involved  in elections. She  said a lot of  procedural issues                                                               
exist.                                                                                                                          
                                                                                                                                
MS. BRAWLEY reviewed the three  proposed replacements. First, the                                                               
bill proposes  converting public  convenience licenses  to REPLs,                                                               
which allows transferability to a  new location or owner, whereas                                                               
public convenience licenses are  not transferable. It would allow                                                               
anyone  going  through  the process  to  have  their  application                                                               
converted to a full restaurant.                                                                                                 
                                                                                                                                
9:17:47 PM                                                                                                                    
MS.  BRAWLEY   turned  to  slide  17,   "Proposed  Seasonal  REPL                                                               
Tourism."                                                                                                                       
                                                                                                                                
   • Seasonal restaurant license                                                                                                
   • Available in smaller communities (< 40,000 pop.)                                                                           
   • Same operating requirements and privileges as full-                                                                        
     year restaurants (REPL)                                                                                                    
   • Number of licenses per community determined by                                                                             
     formula:                                                                                                                   
      5-year average of annual visitors/months in season =                                                                      
     Average monthly visitor population                                                                                         
                                                                                                                                
         (Residents + average monthly visitors) 1,500 =                                                                         
     Available Seasonal REP Tourism licenses                                                                                    
                                                                                                                                
   • Season defined as up to 6 months per year, in any                                                                          
     combination                                                                                                                
   –      Example: May through September + 1 winter month                                                                       
     Section 10, 04.09.350                                                                                                      
                                                                                                                                
MS.  BRAWLEY said  that second  replacement  would be  to have  a                                                               
Seasonal REPL Tourism  license with its own limit.  This would be                                                               
similar to a bar license  BVL tourism license in existing statute                                                               
and   would  be   available  in   communities  under   40,000  in                                                               
population.  It would  have the  same privileges  as a  full year                                                               
restaurant, but it would operate  seasonally. She said seasonally                                                               
would be  defined as up to  six months per year  although it does                                                               
not have to  be consecutive months. For example, it  could be the                                                               
summer months and a winter month, she said.                                                                                     
                                                                                                                                
9:18:18 PM                                                                                                                    
MS.  BRAWLEY  reviewed  slide  18,  "Proposed:  Local  Government                                                               
Petition  for Additional  Restaurant Licenses,"  which depicts  a                                                               
graphic  flowchart  that  describes  the  process  to  apply  for                                                               
additional  restaurant licenses.  This  would allow  the city  to                                                               
petition the ABC  Board for a certain number of  licenses and use                                                               
the 40,000  people traveling as  justification. If  approved, the                                                               
city cannot  petition again for  more licenses for  another three                                                               
years. In  the event the ABC  Board denies the petition  the city                                                               
can reapply with a revised application.                                                                                         
                                                                                                                                
9:19:36 PM                                                                                                                    
MS.  BRAWLEY reviewed  slide  19, "F-1.  Adjust  License Fees  to                                                               
Reflect Current ABC Budgetary Needs."                                                                                           
                                                                                                                                
   • Update   license   fees    according   to   privileges   and                                                               
     administrative costs of each, and collect sufficient                                                                       
     revenue to cover the ABC Board's required activities:                                                                      
        – Administration of licenses & permits                                                                                  
       – Education about Title 4 and related regulations                                                                        
        – Enforcement of Title 4 and related regulations                                                                        
   • ABC Board required to review license fees at least every 5                                                                 
     years.                                                                                                                     
   • See Appendix, Table 2 of the Title 4 Review report for                                                                     
     current license fees and proposed changes.                                                                                 
     Section 6, 04.06.090; License fees throughout Section 10                                                                   
                                                                                                                                
MS. BRAWLEY said  this is the first of several  global changes to                                                               
Title 4  that are intended  to make it  work better as  a system.                                                               
Many license fees have not  been increased since 1980. Currently,                                                               
a  restaurant  license  to  serve   beer  and  wine  is  $600.  A                                                               
recreational license  is somewhere  between $400-$800; and  a bar                                                               
license is $2,500. The Alcohol  & Marijuana Control Office (AMCO)                                                               
is a receipts-funded agency. The  amount of license fees it takes                                                               
in for  alcohol and  marijuana sets its  budget. This  limits the                                                               
amount  of enforcement,  education, and  customer service  it can                                                               
provide.  The   recommendation  is  to  increase   the  resources                                                               
available to the agency, not  just for enforcement but to provide                                                               
proactive education, prevention, and working with licensees.                                                                    
                                                                                                                                
CHAIR HUGHES  asked whether  these are one-time  fees and  if the                                                               
board charges fees for endorsements.                                                                                            
                                                                                                                                
MS. BRAWLEY replied  that all license fees are  biennial so every                                                               
two  years the  licenses  must  be renewed.  She  said that  most                                                               
endorsements have  a $200  fee that  renews biennially.  She said                                                               
that the  license fees  are set  in statute  and the  proposal is                                                               
that the  ABC Board  would be  required to  review those  fees at                                                               
least  every   five  years  and   make  recommendations   to  the                                                               
legislature with any proposed changes.                                                                                          
                                                                                                                                
9:21:38 PM                                                                                                                    
SENATOR  KIEHL  asked whether  all  of  the Alcohol  &  Marijuana                                                               
Control Office's (AMCO) receipts are spent on AMCO.                                                                             
                                                                                                                                
MS. MORLEDGE deferred the question to Ms. McConnell.                                                                            
                                                                                                                                
9:22:06 PM                                                                                                                    
ERIKA MCCONNELL,  Director, Alcohol and Marijuana  Control Office                                                               
(AMCO), Anchorage,  said that  in the last  five years,  AMCO has                                                               
returned approximately $280,000 to the general fund each year.                                                                  
                                                                                                                                
9:22:35 PM                                                                                                                    
MS.  BRAWLEY  directed members  to  the  Title 4  Review  Report,                                                               
Appendix Table  2 for  a table  of all  the current  and proposed                                                               
fees.                                                                                                                           
                                                                                                                                
9:22:51 PM                                                                                                                    
MS. BRAWLEY turned to slide  20, "More Accountability for License                                                               
Fees  Allocated to  Local Governments."  One of  the benefits  of                                                               
increasing license  fees is that  it not only raises  revenue for                                                               
the ABC  Board and AMCO,  but for local governments  that receive                                                               
an  amount  equal   to  the  license  fees   collected  in  their                                                               
jurisdiction. This  varies year to  year depending on  the number                                                               
of licenses and whether the  license renewal is occurring in that                                                               
year.  She  said  that  the   recommendation  in  SB  52  is  for                                                               
municipalities  to  report  on education  activities  related  to                                                               
Title 4.  For example, the  municipality would need to  report to                                                               
AMCO  if it  performed a  routine inspection  of a  bar. This  is                                                               
designed to  help share the  burden of the licensing  process and                                                               
enforcement of licensees in those  communities. She said the 2017                                                               
sunset  audit   of  the  ABC  Board   found  that  municipalities                                                               
receiving these  funds are not  consistently reporting  how those                                                               
funds are  used. She  said it takes  considerable work  for local                                                               
governments to  review license applications, consider  a protest,                                                               
and hold public hearings.                                                                                                       
                                                                                                                                
CHAIR HUGHES  asked whether  any of  the fees  to keep  Alcohol &                                                               
Marijuana Control  Office (AMCO)  running are used  for education                                                               
or prevention or if the unused  portion of the $280,000 goes back                                                               
to the general fund.                                                                                                            
                                                                                                                                
MS.  MCCONNELL   answered  that  AMCO  has   a  local  government                                                               
specialist on  staff whose  main purpose  is education  for local                                                               
governments  and  licensees.  She  offered her  belief  that  the                                                               
alcohol taxes are distributed in  various ways. For example, some                                                               
of  the taxes  are  dispersed  to the  Department  of Health  and                                                               
Social Services (DHSS)  for education programs. She  said this is                                                               
not her area of expertise.                                                                                                      
                                                                                                                                
9:25:24 PM                                                                                                                    
SENATOR KIEHL  said that  his initial  question was  triggered by                                                               
Ms.  Brawley  stating  that  the license  fees  define  the  AMCO                                                               
budget.  He  corrected that  by  stating  that the  appropriation                                                               
process  sets the  budget. He  recalled some  requests have  been                                                               
made for the  authority to use more of its  fees for enforcement.                                                               
He said  that some  of these  requests have not  ended up  in the                                                               
staffing  allocation. He  asked the  sponsor to  provide at  some                                                               
point information on the obligations  that municipalities have to                                                               
provide education.                                                                                                              
                                                                                                                                
MS. MORLEDGE offered to do so.                                                                                                  
                                                                                                                                
9:26:11 PM                                                                                                                    
MS.  BRAWLEY  turned  to  slide  21,  "Proposed:  Regulate  Trade                                                               
Practices."  She  said  the  industry brought  an  issue  to  the                                                               
stakeholders' attention,  that Alaska is  one of the  only states                                                               
without an  equivalent state law  to the federal law  for illegal                                                               
trade  practices. She  described these  as essentially  a set  of                                                               
anti-competitive  practices  that  are  illegal  at  the  federal                                                               
level.  For   example,  situations  in  which   a  wholesaler  or                                                               
manufacturer may  pressure a retailer to  purchase their products                                                               
and not  their competitor's products.  The bill  proposes putting                                                               
those into  statute so they can  be enforced at the  state level.                                                               
They are  also not  in federal  law for beer,  just for  wine and                                                               
spirits and  this proposal would  provide enforcement  across the                                                               
board.  It  would  allow  the   board  to  create  administrative                                                               
penalties,  recognizing  these  are  business  and  not  criminal                                                               
issues.                                                                                                                         
                                                                                                                                
9:27:04 PM                                                                                                                    
MS. BRAWLEY reviewed slide 22, "Regulate Internet Alcohol Sales.                                                                
                                                                                                                                
     INT-1. Winery Direct Shipment License                                                                                    
   • Create a license available to all U.S. (including                                                                          
       Alaska) wineries to ship orders of wine to Alaska                                                                        
     customers.                                                                                                                 
   • Prohibit other online sales of alcohol not under this                                                                      
     license or the Package Store Shipping endorsement.                                                                         
     INT-2. Collect Alaska Excise Tax for Internet Sales                                                                      
   • Require all out-of-state holders of a Winery Direct                                                                        
     Shipment license to pay the same excise tax on Alaska                                                                      
     orders.                                                                                                                    
      INT-3. Board Approval of Common Carriers for Alcohol                                                                    
     Delivery                                                                                                                 
       Require all common carriers who transport deliver                                                                        
     alcohol directly to consumers in Alaska to be approved                                                                     
     by ABC Board                                                                                                               
     Section 10, 04.09.360; section 87, 04.16.022                                                                               
                                                                                                                                
She said  the next few  slides address another absence  in Alaska                                                               
law, which is  to regulate Internet alcohol  sales. She explained                                                               
that  currently, anyone  can  go online  in  Alaska and  purchase                                                               
alcohol,  even  in  a  local  option community  or  if  they  are                                                               
underage. Neither AMCO nor public  safety would be aware of these                                                               
purchases.  She said  this  would be  addressed  in three  parts.                                                               
First, the winery direct shipment  license, which is addressed in                                                               
the next slide. Second, it  would allow the Department of Revenue                                                               
to collect Alaska Alcohol Excise  Tax for Internet sales from out                                                               
of state  sellers to consumers.  Third, it would  regulate common                                                               
carriers to  ensure that any  alcohol being delivered is  done so                                                               
responsibly to consumers.                                                                                                       
                                                                                                                                
9:28:01 PM                                                                                                                    
MS.  BRAWLEY  turned  to slide  23,  "Regulate  Internet  Alcohol                                                               
Sales."                                                                                                                         
                                                                                                                                
   • Alaska does not limit online sales of alcohol. Orders from                                                                 
     out-of-state businesses are not subject to Alaska's alcohol                                                                
     excise tax, and the state cannot track how much alcohol is                                                                 
     ordered each year.                                                                                                         
                                                                                                                                
   • The bill would create a Winery Direct Shipment License and                                                                 
     allow online alcohol sales only from U.S. wineries and                                                                     
     Alaska package stores.                                                                                                     
                                                                                                                                
She said  that this  system is modeled  on one used  in 43  or 44                                                               
states. This  would allow  a winery  to ship  to a  customer. The                                                               
winery would  be responsible for  ensuring that the person  is of                                                               
age, not in a local option area,  and be limited to the amount of                                                               
personal use  alcohol that  could be  ordered annually.  She said                                                               
Idaho  has  780 registered  customers  for  wine and  cider.  She                                                               
commented  that wineries  are accustomed  to using  this type  of                                                               
system.                                                                                                                         
                                                                                                                                
9:28:51 PM                                                                                                                    
MS.  BRAWLEY  turned  to slide  24,  "Regulate  Internet  Alcohol                                                               
Sales."                                                                                                                         
        • Common carriers must be approved by the ABC Board                                                                     
          to transport and deliver alcohol to consumers                                                                         
          throughout the state.                                                                                                 
                                                                                                                                
        • Carriers must demonstrate that they have policies                                                                     
          and train employees to properly handle shipments                                                                      
          of alcohol.                                                                                                           
                                                                                                                                
She  said  the third  way  Internet  sales  are regulated  is  by                                                               
approving  common carriers.  The  stakeholder  group worked  with                                                               
FedEx  and UPS  [United Parcel  Service]. These  services do  not                                                               
allow shipment of beer and  spirits from commercial sellers. This                                                               
is in line with the system being used in many other states.                                                                     
                                                                                                                                
9:29:33 PM                                                                                                                    
MS.  BRAWLEY turned  to  slide 25,  "Tracking  Alcohol Orders  in                                                               
Local Option Areas: Current Title 4."                                                                                           
                                                                                                                                
     Residents  in  Local   Option  communities  that  allow                                                                    
     importation of  alcohol may order  a limited  amount of                                                                    
     alcohol  each  month  for personal  and  non-commercial                                                                    
     use.                                                                                                                       
                                                                                                                                
     Sections 7-8, 04.06.095; monthly limits defined in AS                                                                      
     04.11.01                                                                                                                   
                                                                                                                                
She said that the Winery  Direct Shipment license would not allow                                                               
shipment to local  option areas, but this is  already allowed for                                                               
Alaska  package  stores.  She  said the  ABC  Board  maintains  a                                                               
database  of  these  orders  to  ensure that  someone  is  not  a                                                               
restricted  purchaser, that  the individual  has not  met his/her                                                               
monthly limit and that the sale is legal in the community.                                                                      
                                                                                                                                
9:30:12 PM                                                                                                                    
MS.  BRAWLEY turned  to slide  26,  "Public Community-Level  Data                                                               
from Local Option Order Database."                                                                                              
                                                                                                                                
        • In current Title 4, all data in the Local Option                                                                      
          order database is private and deleted after 1                                                                         
          year.                                                                                                                 
                                                                                                                                
        • The bill would keep individual order information                                                                      
          private but retain aggregate data for 10 years                                                                        
          and allow the ABC Board to publish annual total                                                                       
          sales volume by region or community.                                                                                  
                                                                                                                                
        • This valuable information would be available to                                                                       
          communities and law enforcement to understand the                                                                     
          flow of alcohol into Local Option communities via                                                                     
          legal sales.                                                                                                          
                                                                                                                                
          Sections 7-8, 04.06.095; monthly limits defined                                                                       
          in AS 04.11.010                                                                                                       
                                                                                                                                
                                                                                                                                
9:30:51 PM                                                                                                                    
MS.  BRAWLEY  turned  to  slide  27,  "RB  -  6  Revise  Title  4                                                               
Penalties."                                                                                                                     
                                                                                                                                
   • Review penalties for all Title 4 sections and revise                                                                       
        as needed to make penalties proportionate to the                                                                        
     offense, and more consistently enforced.                                                                                   
   • Retain existing Misdemeanor and Felony charges for                                                                         
      serious offenses, particularly those causing harm to                                                                      
     children.                                                                                                                  
   • Ensure that the ABC Board, and licensee, is informed                                                                       
        about Title 4 convictions: require court to send                                                                        
     records to AMCO, and AMCO to send to the licensee.                                                                         
   • ABC Board retains authority to impose conditions or                                                                        
     additional penalties, including suspending or revoking                                                                     
     license.                                                                                                                   
   • See Appendix, Table 3 in Title 4 Review Report for                                                                         
     table of all current penalties and proposed changes.                                                                       
                                                                                                                                
      Defined throughout; most prohibited acts defined in                                                                       
     chapters 11 + 16                                                                                                           
                                                                                                                                
She  related that  this last  set of  global changes  to Title  4                                                               
would address  penalties. Currently almost everything  in Title 4                                                               
is  a  class A  misdemeanor.  The  stakeholder group  recommended                                                               
keeping any  serious felonies or  misdemeanor under  current law,                                                               
but to  make business-related violations or  non-compliance minor                                                               
offenses.  She  said  that  this   would  make  enforcement  more                                                               
automatic  and retain  the ABC  Board  to take  action against  a                                                               
licensee. For  example, the board  could take action  and revoke,                                                               
suspend, or  otherwise take action if  a licensee had a  stack of                                                               
violations.  In  response to  Chair  Hughes,  she clarified  that                                                               
unless  otherwise  defined  the  penalties would  be  a  class  A                                                               
misdemeanor.                                                                                                                    
                                                                                                                                
9:32:48 PM                                                                                                                    
MS. BRAWLEY referred  to the Title 4 Review Report  and to a list                                                               
of all the sections under current law with a penalty.                                                                           
                                                                                                                                
CHAIR HUGHES asked the sponsor  whether penalties were considered                                                               
in  the  prior committees  and  if  the penalty  provisions  were                                                               
previously vetted.                                                                                                              
                                                                                                                                
SENATOR MICCICHE responded that this  bill came before the Senate                                                               
Judiciary  Standing Committee  last year.  He explained  that the                                                               
bill  would retain  misdemeanor  and felony  charges for  serious                                                               
crimes, but minor violations were  not being prosecuted. The bill                                                               
would separate  minor technical issues  as violations  and retain                                                               
misdemeanor  and felony  charges for  the more  serious offenses,                                                               
such as  serving children. He  offered to review the  details but                                                               
suggested that the logic will become apparent.                                                                                  
                                                                                                                                
CHAIR HUGHES suggested  that it might be helpful to  have a cheat                                                               
sheet to identify violations, misdemeanors, and felonies.                                                                       
                                                                                                                                
MS. MORLEDGE directed attention to page  68 of the Title 4 Review                                                               
Report in members' packets, to  a six-page cheat sheet of current                                                               
law and the proposed changes.                                                                                                   
                                                                                                                                
9:35:09 PM                                                                                                                    
MS. BRAWLEY  turned to slide  28, "Why change penalties  in Title                                                               
4?"  Two pie  charts on  this slide  illustrate Title  4 charges,                                                               
including  that 38  percent of  all Title  4 charges  between the                                                               
years  2009-2013  were  dismissed  and  62  percent  resulted  in                                                               
convictions.  The second  pie charge  lists the  total number  of                                                               
minor  consuming alcohol  cases  between the  years 2009-2013  at                                                               
16,357 and all other Title 4 cases numbered 5,457.                                                                              
                                                                                                                                
       Prosecutors were dismissing MCA charges; penalties                                                                       
      were seen as too high for the offense, or not worth                                                                       
     the resources.                                                                                                             
                                                                                                                                
     Violations of other sections of Title 4 are rare. AMCO                                                                     
       has very limited enforcement resources to inspect                                                                        
     1,900 establishments statewide.                                                                                            
                                                                                                                                
She reiterated that the rationale  for changing penalties is that                                                               
they are  not proportional  to the offense.  The state  has 1,900                                                               
alcohol  licenses  and  AMCO has  limited  resources  to  conduct                                                               
inspections.   She  explained   that   if   violations  are   not                                                               
documented, it  would not come  to the ABC Board's  attention, so                                                               
this is  an opportunity  to close  that communication  loop. This                                                               
would  allow  the board  to  take  action  when issues  arise  on                                                               
premises, she said.                                                                                                             
                                                                                                                                
9:35:48 PM                                                                                                                    
CHAIR  HUGHES   asked  whether  AMCO  pursues   misdemeanors  and                                                               
felonies  or is  limited to  violations. She  asked whether  they                                                               
need to bring in other law enforcement.                                                                                         
                                                                                                                                
9:36:10 PM                                                                                                                    
ERIKA MCCONNELL,  Director, Alcohol and Marijuana  Control Office                                                               
(AMCO),  Anchorage,  Alaska,  said  statute gives  AMCO  and  its                                                               
employees the authority to criminally enforce these statutes.                                                                   
                                                                                                                                
9:36:30 PM                                                                                                                    
MS. BRAWLEY turned to slide 29, "Revise Penalties."                                                                             
                                                                                                                                
        • In current law, almost all violations of Title 4                                                                      
          are class A misdemeanors.                                                                                             
                                                                                                                                
        • When penalties are set high across the board and                                                                      
          perceived to be too strict for most offenses, law                                                                     
          enforcement is less likely to issue citations and                                                                     
         courts are less likely to pursue those cases.                                                                          
                                                                                                                                
        • In the bill, many penalties would become minor                                                                        
          offenses.  Serious  violations,  such  as  selling                                                                    
          alcohol  without a  license, allowing  gambling on                                                                    
          the premises, or perjury  on a license application                                                                    
          would  remain misdemeanors  or  felonies, as  they                                                                    
          are today.                                                                                                            
                                                                                                                                
     Defined  throughout; most  prohibited  acts defined  in                                                                    
     chapters 11 + 16                                                                                                           
                                                                                                                                
She  said  that   the  slide  also  provides   some  examples  of                                                               
violations,   misdemeanors,  and   felonies.   As  Ms.   Morledge                                                               
mentioned,  the  table in  the  back  of  the report  gives  more                                                               
detail, she said.                                                                                                               
                                                                                                                                
9:36:48 PM                                                                                                                    
MS. BRAWLEY turned to slide 30, "Proposed: Licensee Penalties                                                                   
for Overserving an Adult or serving a minor."                                                                                   
                                                                                                                                
     In  current  Title  4,  a   licensee  or  employee  who                                                                    
     knowingly  overserves  an   intoxicated  adult  or  who                                                                    
     serves  alcohol to  a  minor  is guilty  of  a class  A                                                                    
     misdemeanor.                                                                                                               
                                                                                                                                
     The bill would change the  penalty for both statutes to                                                                    
     minor offense, with a $500 fine.                                                                                           
                                                                                                                                
     In addition  to the penalty  to the person  who commits                                                                    
     the violation,  the owner of the  license would receive                                                                    
     an administrative (non-criminal)  penalty of $250. This                                                                    
     alerts the owner that a  violation occurred, holds them                                                                    
     immediately   accountable,    and   encourages   future                                                                    
     compliance.                                                                                                                
                                                                                                                                
     Section   89,   04.16.030;  section   101,   04.16.052;                                                                    
     sections 124 - 126, 04.16.180                                                                                              
                                                                                                                                
She  said  the goal  is  to  ensure  that  not only  are  servers                                                               
following the law, but also that  the licensees are aware of what                                                               
is  happening   on  their  premises  and   actively  involved  in                                                               
addressing  any issues.  She said  that  currently licensees  are                                                               
held accountable  during the  license renewal  process or  can be                                                               
brought  before   the  board  for  egregious   violations  on  an                                                               
emergency  basis. She  acknowledged  that the  manager might  not                                                               
disclose  that the  premise  was ticketed.  The  bill would  also                                                               
recommend  administrative penalties  for  overserving or  serving                                                               
alcohol to a minor, including an automatic $250 fine.                                                                           
                                                                                                                                
SENATOR  MICCICHE  stated  the   penalty  for  knowingly  serving                                                               
alcohol to a minor would be increased to a class A misdemeanor.                                                                 
                                                                                                                                
9:38:24 PM                                                                                                                    
MS.  BRAWLEY   turned  to  slide   31,  "Proposed:   Require  Keg                                                               
Registration."                                                                                                                  
                                                                                                                                
   • Reduces adults' incentive to legally purchase alcohol and                                                                  
     supply an underage drinking party.                                                                                         
                                                                                                                                
   • Kegs tagged with the purchaser's contact information can be                                                                
     tracked if confiscated at an underage party or other                                                                       
     situation where minors are given access to alcohol.                                                                        
                                                                                                                                
   • A person, not a licensee, possessing an untagged keg                                                                       
     containing alcohol could be fined.                                                                                         
                                                                                                                                
   • Modeled on existing Anchorage and Juneau ordinances.                                                                       
     Section 131, 04.21.012                                                                                                     
                                                                                                                                
She emphasized  this relates to  public health and  public safety                                                               
since  it   addresses  adults  legally  purchasing   alcohol  and                                                               
providing it to minors. She said  that keg registration is a best                                                               
practice  and is  already in  place in  the City  and Borough  of                                                               
Juneau  and  the Municipality  of  Anchorage.  She described  the                                                               
registration process used  when the adult purchases  the keg, and                                                               
if  it is  not  found in  an illegal  gathering,  no issue  would                                                               
arise. However,  if the keg  was confiscated, it could  be traced                                                               
to the person who purchased it.  She said this helps to close the                                                               
loophole on what  is known as "social hosts"  when adults provide                                                               
alcohol to minors.                                                                                                              
                                                                                                                                
9:40:22 PM                                                                                                                    
MS.  MORLEDGE,  in response  to  Chair  Hughes, agreed  that  the                                                               
sectional analysis for SB 52 is 21 pages.                                                                                       
                                                                                                                                
CHAIR  HUGHES  directed  attention   to  a  two-page  summary  in                                                               
members'  packets titled,  "Sectional Summery,  SB 52:  Alcoholic                                                               
Beverage Control; Alcohol Regulations."                                                                                         
                                                                                                                                
9:40:54 PM                                                                                                                    
SENATOR MICCICHE  pointed out that SB  52 is a 119-page  bill. He                                                               
said the vast majority of the bill reorganizes Title 4.                                                                         
                                                                                                                                
CHAIR  HUGHES said  that the  long sectional  analysis is  color-                                                               
coded,  which is  helpful  to assist  members  in navigating  the                                                               
changes to Title 4.                                                                                                             
                                                                                                                                
9:42:00 PM                                                                                                                    
MS. MORLEDGE  provided a brief  sectional analysis of SB  52. She                                                               
said Sections 1-9, pages 1-5 of  SB 52, set out the authority and                                                               
duties  of the  ABC Board.  It  also includes  a requirement  for                                                               
education  plans, budget  resources,  enforcement, training,  and                                                               
prevention. She  said it also  requires them to post  FASD [Fetal                                                               
Alcohol  Syndrome]   information  online.  It  also   includes  a                                                               
provision for the statewide database Ms. Brawley mentioned.                                                                     
                                                                                                                                
9:43:00 PM                                                                                                                    
MS. MORLEDGE  said that  the licensing  reorganization is  in new                                                               
Chapter  9 of  Title  4. Several  articles address  endorsements,                                                               
licenses,  and permits.  It  sets fees,  and  penalties for  non-                                                               
compliance.  She pointed  out it  addresses three  manufacturer's                                                               
licenses,  including brewery,  winery,  and  distillery. It  also                                                               
covers  two wholesale  licenses,  including  general and  limited                                                               
wholesale of brewed beverages and  wine. She indicated that there                                                               
are 17 retail licenses.                                                                                                         
                                                                                                                                
9:43:50 PM                                                                                                                    
MS.  MORLEDGE  said  that  SB   52  would  provide  12  types  of                                                               
endorsements,  and  Article 6  covers  permits.  SB 52  has  nine                                                               
permits. Article 7 covers the common carrier approval process.                                                                  
                                                                                                                                
9:44:08 PM                                                                                                                    
MS. MORLEDGE  referred Chapter 11, Sections  11-80, (pages 50-83)                                                               
pertaining to Title 4 licensing.  These sections also provide for                                                               
the   winery  direct   shipment   license   exemption  from   the                                                               
application  and   renewal  process.  This  chapter   relates  to                                                               
imposing  restrictions or  conditions on  licenses, endorsements,                                                               
permits, population  limits, and prohibited  financial interests.                                                               
It  adds  penalties  throughout  and  reorganizes  and  renumbers                                                               
various sections.                                                                                                               
                                                                                                                                
9:44:51 PM                                                                                                                    
MS. MORLEDGE  turned to  Chapter 16,  Sections 81-130  (pages 83-                                                               
100)  relating  to  regulation  of  sales  and  distribution  and                                                               
prohibited  acts.  This allows  a  person  to  be on  a  licensed                                                               
premises off  hours to  conduct business,  such as  restocking or                                                               
maintenance.  It  aligns state  law  with  federal law  regarding                                                               
illegal  trade  practices.  It also  adds  penalties  throughout.                                                               
Further, it includes  the prohibition of online  sales unless the                                                               
licensee has a winery direct  shipment license or a package store                                                               
shipment license.                                                                                                               
                                                                                                                                
9:45:32 PM                                                                                                                    
MS. MORLEDGE turned to Chapter  21, Sections 131-145, (pages 100-                                                               
107).  These  sections   provide  general  provisions,  including                                                               
sections  related  to  the statewide  keg  registration  program,                                                               
provisions relating to alcohol server  education, and it provides                                                               
penalties throughout  the chapter.  It reorganizes  and renumbers                                                               
existing statutes and provides definitions.                                                                                     
                                                                                                                                
9:45:57 PM                                                                                                                    
MS. MORLEDGE turned  to Chapter 21, Sections  146-157 (pages 108-                                                               
113). She  said that these are  changes to other titles  to amend                                                               
statutory references  to the  new license  types. In  response to                                                               
Senator Micciche,  she reiterated the Sections  are 146-157. This                                                               
chapter also  allows the Department  of Revenue (DOR)  to collect                                                               
an excise tax pertaining to the winery direct shipment license.                                                                 
                                                                                                                                
9:46:36 PM                                                                                                                    
MS. MORLEDGE  turned to Sections  158-170 (pages  114-119), which                                                               
includes the transition language and effective dates.                                                                           
                                                                                                                                
9:46:48 PM                                                                                                                    
CHAIR HUGHES  asked whether she  could highlight the  things that                                                               
are brand new.  For example, she recalled that  the winery direct                                                               
shipment license is new.                                                                                                        
                                                                                                                                
MS. MORLEDGE deferred to Ms. Brawley.                                                                                           
                                                                                                                                
MS.  BRAWLEY  responded  that  in  terms  of  license  types  and                                                               
endorsements  [the winery  direct shipment  license] is  new. She                                                               
turned  to  page 2  and  said  that  the package  store  sampling                                                               
endorsement and the package store  sampling endorsements are new.                                                               
She  related that  under permits,  the tasting  event permit  for                                                               
package  stores  would  allow  them   to  hold  events  on  their                                                               
premises.  She   reiterated  that  the  illegal   trade  practice                                                               
provisions are also new.                                                                                                        
                                                                                                                                
9:48:18 PM                                                                                                                    
SENATOR MICCICHE said that Alaskan  business owners collect taxes                                                               
on everything they  sell. This bill would also  level the playing                                                               
field to support Alaska businesses.  Not only will hard liquor no                                                               
longer  be able  to be  purchased  out-of-state, but  it will  be                                                               
taxed.                                                                                                                          
                                                                                                                                
9:49:20 PM                                                                                                                    
SENATOR KIEHL asked  whether the committee could  run through the                                                               
changes that were made by  the Senate Labor and Commerce Standing                                                               
Committee to the original bill.                                                                                                 
                                                                                                                                
CHAIR HUGHES said she would plan  that for the next hearing on SB                                                               
52. She  noted that she  previously served on the  Recover Alaska                                                               
group.                                                                                                                          
                                                                                                                                
9:50:20 PM                                                                                                                    
TIFFANY HALL,  Executive Director, Recover Alaska,  said that she                                                               
is a lifelong  Alaskan. She has served as  the Executive Director                                                               
of Recover  Alaska for  about three  and a  half years.  She said                                                               
that  her organization  has been  working on  this bill  for over                                                               
seven  years. She  said over  120 stakeholders  and thousands  of                                                               
hours  have been  put in,  largely with  a focus  to improve  the                                                               
legislation  and make  it easier  to follow.  It also  emphasizes                                                               
public  health and  safety.  She highlighted  that  this bill  is                                                               
evidence-based  on  best  practices   that  have  been  in  place                                                               
throughout  the   rest  of  the  country.   She  emphasized  some                                                               
important  aspects  of  the bill,  including  the  statewide  keg                                                               
registration,  increased license  fees  to  allow for  compliance                                                               
checks. She related that data  has shown that underage minors can                                                               
order online  and receive alcohol,  so Internet  sales regulation                                                               
of alcohol  is important. She  said that Recover Alaska  works to                                                               
reduce excessive alcohol use in  homes across the state. She said                                                               
that her  organization is not a  prohibitionist organization. She                                                               
recognized  that low  risk drinking  in  moderation occurs.  This                                                               
process has  allowed her to  become familiar with members  in the                                                               
alcohol  industry and  work together  on issues.  As a  result of                                                               
this work,  other partnerships have  been formed outside  of this                                                               
effort,  she said.  She expressed  gratitude  to be  part of  the                                                               
process.                                                                                                                        
                                                                                                                                
9:52:40 PM                                                                                                                    
CHAIR HUGHES said that SB 52 would be held in committee.                                                                        
                                                                                                                                
9:53:21 PM                                                                                                                    
There being no further business to come before the committee,                                                                   
Chair Hughes adjourned the Senate Judiciary Standing Committee                                                                  
meeting at 9:53 p.m.                                                                                                            
                                                                                                                                

Document Name Date/Time Subjects
SJR 3 Version A.PDF SJUD 4/12/2019 1:30:00 PM
SJUD 4/15/2019 1:30:00 PM
SJUD 4/17/2019 6:00:00 PM
SJUD 4/19/2019 1:30:00 PM
SJUD 4/22/2019 6:00:00 PM
SJR 3
SJR 3 - Sponsor Statement.pdf SJUD 4/12/2019 1:30:00 PM
SJUD 4/15/2019 1:30:00 PM
SJUD 4/17/2019 6:00:00 PM
SJUD 4/19/2019 1:30:00 PM
SJUD 4/22/2019 6:00:00 PM
SJR 3
SJR 4 version A.pdf SJUD 4/22/2019 6:00:00 PM
SSTA 3/26/2019 1:30:00 PM
SSTA 3/27/2019 6:00:00 PM
SSTA 3/28/2019 3:30:00 PM
SJR 4
SJR 4 Transmittal Letter.pdf SJUD 4/15/2019 1:30:00 PM
SJUD 4/22/2019 6:00:00 PM
SSTA 3/26/2019 1:30:00 PM
SSTA 3/27/2019 6:00:00 PM
SSTA 3/28/2019 3:30:00 PM
SJR 4
SJR 4 Sectional Analysis.pdf SJUD 4/22/2019 6:00:00 PM
SSTA 3/26/2019 1:30:00 PM
SSTA 3/27/2019 6:00:00 PM
SSTA 3/28/2019 3:30:00 PM
SJR 4
CSSB 33(JUD) Version U.pdf SJUD 4/19/2019 1:30:00 PM
SJUD 4/22/2019 6:00:00 PM
SB 33
CSSB33 Explanation of Changes from Version M to U.pdf SJUD 4/19/2019 1:30:00 PM
SJUD 4/22/2019 6:00:00 PM
SB 33
CSSB 33 Amendments.pdf SJUD 4/22/2019 6:00:00 PM
SB 33
CSSB 34(JUD) Version K.pdf SJUD 4/22/2019 6:00:00 PM
SB 34
CSSB34 Explanation of Changes from Version U to K.pdf SJUD 4/22/2019 6:00:00 PM
SB 34
SB 52 Version U.PDF SJUD 4/22/2019 6:00:00 PM
SL&C 3/26/2019 1:30:00 PM
SB 52
SB 52 Sponsor Statement.pdf SJUD 4/22/2019 6:00:00 PM
SL&C 3/26/2019 1:30:00 PM
SB 52
SB 52 Sectional Analysis 2.19.19.pdf SJUD 4/22/2019 6:00:00 PM
SL&C 3/26/2019 1:30:00 PM
SB 52
SB 52 Title 4 Bill Summary Changes SB 76 (2018) to SB 52 (2019).pdf SJUD 4/22/2019 6:00:00 PM
SL&C 3/26/2019 1:30:00 PM
SB 52
SB 76
SB 52 Sectional Analysis v.U.pdf SJUD 4/22/2019 6:00:00 PM
SL&C 3/26/2019 1:30:00 PM
SB 52
SB 52 Sponsor Statement.pdf SJUD 4/22/2019 6:00:00 PM
SB 52
SB 52 Summary of Proposed Penalties.pdf SJUD 4/22/2019 6:00:00 PM
SL&C 3/26/2019 1:30:00 PM
SB 52
SB 52 Summary of Goals.pdf SJUD 4/22/2019 6:00:00 PM
SL&C 3/26/2019 1:30:00 PM
SB 52