Legislature(2013 - 2014)BUTROVICH 205
04/09/2013 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB130 | |
| SB73 | |
| SB64 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 64 | TELECONFERENCED | |
| + | HB 130 | TELECONFERENCED | |
| += | SB 73 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
April 9, 2013
9:04 a.m.
MEMBERS PRESENT
Senator Fred Dyson, Chair
Senator Cathy Giessel, Vice Chair
Senator John Coghill
MEMBERS ABSENT
Senator Bert Stedman
Senator Bill Wielechowski
COMMITTEE CALENDAR
HOUSE BILL NO. 130
"An Act establishing July 21 each year as Jay Hammond Day."
- MOVED HB 130 OUT OF COMMITTEE
SENATE BILL NO. 73
"An Act authorizing municipalities to exempt from tax, by
ordinance approved by the voters in the municipality, the real
property that is the primary residence of a resident who is the
widow or widower of a person who was killed while in the
military service of the United States; and providing for an
effective date."
- MOVED CSSB 73(STA) OUT OF COMMITTEE
SENATE BILL NO. 64
"An Act establishing the Alaska Sentencing Commission; relating
to jail-time credit for offenders in court-ordered treatment
programs; allowing a reduction of penalties for offenders
successfully completing court-ordered treatment programs for
persons convicted of driving while under the influence or
refusing to submit to a chemical test; relating to court
termination of a revocation of a person's driver's license;
relating to limitation of drivers' licenses; relating to
conditions of probation and parole; and providing for an
effective date."
- MOVED CSSB 64(STA) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 130
SHORT TITLE: JAY HAMMOND DAY
SPONSOR(s): REPRESENTATIVE(s) SEATON
02/20/13 (H) READ THE FIRST TIME - REFERRALS
02/20/13 (H) STA
03/19/13 (H) STA AT 8:00 AM CAPITOL 106
03/19/13 (H) Moved Out of Committee
03/19/13 (H) MINUTE(STA)
03/20/13 (H) STA RPT 3DP 4NR
03/20/13 (H) DP: KREISS-TOMKINS, MILLETT, LYNN
03/20/13 (H) NR: GATTIS, KELLER, ISAACSON, HUGHES
04/01/13 (H) TRANSMITTED TO (S)
04/01/13 (H) VERSION: HB 130
04/02/13 (S) READ THE FIRST TIME - REFERRALS
04/02/13 (S) STA
04/09/13 (S) STA AT 9:00 AM BUTROVICH 205
BILL: SB 73
SHORT TITLE: PROPERTY TAX EXEMPTION/MILITARY WIDOW(ER)
SPONSOR(s): SENATOR(s) MEYER
03/11/13 (S) READ THE FIRST TIME - REFERRALS
03/11/13 (S) CRA, STA
03/19/13 (S) CRA AT 3:30 PM BUTROVICH 205
03/19/13 (S) -- Meeting Postponed to 3/26/13 --
03/26/13 (S) CRA AT 3:30 PM BUTROVICH 205
03/26/13 (S) Moved CSSB 73(CRA) Out of Committee
03/26/13 (S) MINUTE(CRA)
03/27/13 (S) CRA RPT CS 4DP NEW TITLE
03/27/13 (S) DP: MICCICHE, EGAN, HOFFMAN, GIESSEL
03/28/13 (S) STA AT 9:00 AM BUTROVICH 205
03/28/13 (S) Heard & Held
03/28/13 (S) MINUTE(STA)
04/09/13 (S) STA AT 9:00 AM BUTROVICH 205
BILL: SB 64
SHORT TITLE: OMNIBUS CRIME/CORRECTIONS BILL
SPONSOR(s): JUDICIARY
02/27/13 (S) READ THE FIRST TIME - REFERRALS
02/27/13 (S) STA, JUD
04/04/13 (S) STA AT 9:00 AM BUTROVICH 205
04/04/13 (S) <Bill Hearing Postponed>
04/09/13 (S) STA AT 9:00 AM BUTROVICH 205
WITNESS REGISTER
REPRESENTATIVE PAUL SEATON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of HB 130.
EDRA MORLEDGE, Staff
Senator Kevin Meyer
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Described changes to SB 73 on behalf of the
sponsor.
MARTY MCGEE, Assessor
Municipality of Anchorage
Anchorage, Alaska
POSITION STATEMENT: Stated that Anchorage has no objection to
version C of SB 73.
JEFF MITTMAN, Executive Director
American Civil Liberties Union (ACLU) of Alaska
Anchorage, Alaska
POSITION STATEMENT: Suggested a change to SB 73 and testified in
favor of SB 63.
SCOTT RUBY, Director
Division of Community and Regional Affairs
Department of Commerce, Community and Economic Development
Anchorage, Alaska
POSITION STATEMENT: Answered questions related to SB 73.
SENATOR JOHNNY ELLIS
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Testified on SB 64.
CHAD HUTCHISON, Staff
Senator John Coghill
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Explained sections of SB 64 on behalf of the
Senate Judiciary Committee, sponsor of the bill.
TIFFANY THOMAS, Driver Licensing Manager
Division of Motor Vehicles
Department of Administration
Anchorage, Alaska
POSITION STATEMENT: Presented information related to SB 64.
QUINLAN STEINER, Public Defender
Department of Administration
Anchorage, Alaska
POSITION STATEMENT: Presented information on SB 64.
CARMEN GUTIERREZ, Chair
Alaska Prisoner Reentry Task Force
Anchorage, Alaska
POSITION STATEMENT: Testified in favor of SB 64.
JANET MCCABE, Chair
Partners for Progress
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 64.
NANCY MEADE, General Council
Office of the Administrative Director
Alaska Court System
Anchorage, Alaska
POSITION STATEMENT: Presented information related to SB 64.
ACTION NARRATIVE
9:04:47 AM
CHAIR FRED DYSON called the Senate State Affairs Standing
Committee meeting to order at 9:04 a.m. Present at the call to
order were Senators Coghill, Giessel, and Chair Dyson.
HB 130-JAY HAMMOND DAY
9:04:56 AM
CHAIR DYSON announced that the first order of business would be
HB 130.
REPRESENTATIVE PAUL SEATON, sponsor of HB 130, explained that
the idea for the bill was brought to him by Jim Reardon, a
resident of Homer. He directed the committee to look at Jay
Hammond's interview in the oral history series moderated by Dr.
Terrance Cole from the University of Alaska - Fairbanks called
"Alaska Statehood Pioneers - In Their Own Words." He said it was
available on the public television station, 360 North.
REPRESENTATIVE SEATON shared Jay Hammond's biography. He
detailed the achievements of Jay Hammond as a two-term governor,
representative, senator, and mayor. He related that Jay Hammond
worked toward a diversified Alaska economy promoting healthy
fisheries, conservation of land, and agriculture, as well as oil
development. He worked to establish the Permanent Fund and PFD.
Following his public service career, he also served on numerous
committees and boards. He was named the Alaskan of the Year in
1994 and received the University of Alaska's Medal of Merit.
REPRESENTATIVE SEATON concluded that HB 130 honors Jay Hammond's
legacy by naming July 21 as Jay Hammond Day.
CHAIR DYSON asked what was significant about the date.
REPRENTATIVE SEATON said it was Jay Hammond's birthday in 1922.
CHAIR DYSON related a story about Jay Hammond rescuing people in
his plane.
9:09:07 AM
SENATOR GIESSEL moved to report HB 130 from committee with
individual recommendations and attached zero fiscal notes.
There being no objection, HB 130 was reported from the Senate
State Affairs Standing Committee.
SB 73-PROPERTY TAX EXEMPTION/MILITARY WIDOW(ER)
9:10:00 AM
CHAIR DYSON announced the consideration of SB 73.
EDRA MORLEDGE, Staff, Senator Kevin Meyer, noted that there was
a proposed committee substitute (CS) for SB 73. It allows a
municipal property tax exemption for widows and widowers of
military service members. She explained that version C is a
result of concerns raised at the last hearing.
SENATOR GIESSEL moved to adopt work draft CS for SB 73, labeled
28-LS0631\C, as the working document.
MS. MORLEDGE referred to a memo from the Department of Law that
answers all of the questions that were raised on April 1.
She detailed the two significant changes in the CS. On page 1,
line 13 through page 2, line 2, the following language was
inserted: "or to a resident who is the widow or widower of a
person who dies from a service connected cause sustained while
serving as a member of the United States Armed Forces or as a
member of the National Guard." This change addresses two major
concerns. One concern was that there is no definition in Alaska
statutes for the term "active duty" and the federal definition
specifically excludes National Guard members. The term was
deleted and National Guard members were specifically included.
She explained that the change clarifies that the death must be
service related, not a suicide, and not incurred off duty, such
as from a car accident.
The second change adds language on page 2, lines 12-13, to
clarify that municipalities shall determine eligibility
requirements and application procedures for this optional
exemption. This language was inserted at the suggestion of
Senator Coghill. The Fairbanks Northstar Borough voiced approval
of the change, she said.
MS. MORLEDGE said the sponsor anticipates a new zero fiscal
note.
9:13:44 AM
CHAIR DYSON related that the Municipality of Anchorage has
commented that property tax exemptions can cause budget
concerns.
MARTY MCGEE, Assessor, Municipality of Anchorage, stated that
Anchorage has no objection to the bill as currently written. He
could not estimate the number of people that might qualify for
the exemption under SB 73.
CHAIR DYSON suggested that Mr. McGee provide a report after the
fact.
9:15:14 AM
JEFF MITTMAN, Executive Director, American Civil Liberties Union
(ACLU) of Alaska, suggested a change to SB 73. He noted that the
ACLU has provided written testimony. He referred to a court case
where the Alaska Supreme Court decided that same sex couples
should not be denied benefits provided by the state to married
opposite sex couples. He also related that due to changes in
military policies, families in same sex relationships should be
treated the same as traditional families. He requested that the
committee make a change to the bill to reflect those findings.
9:17:08 AM
CHAIR DYSON requested clarification. He asked if the court rules
in favor of the issue Mr. Mittman raised, whether it would cover
all laws regarding married survivor benefits.
MR. MITTMAN opined that legally that would be true, but
practically it would be difficult, because often there is a
lengthy litigation process to challenge the agency to follow the
law. He stressed that an amendment would be required to prevent
litigation.
CHAIR DYSON commented that if the court rules in favor of the
ACLU, it should notify the Office of the Attorney General, the
Department of Law, and the Judiciary Committees for the purpose
of writing a "clean up bill."
CHAIR DYSON said he would request an opinion from the Department
of Law.
9:20:52 AM
SCOTT RUBY, Director, Division of Community and Regional
Affairs, Department of Commerce, Community and Economic
Development, answered questions related to SB 73. He addressed
the issue whether municipalities had the ability to make
policies and procedures about how to enact this legislation. He
explained that subsection (e) contains mandatory exemptions, but
the way the bill is written, there is a subsection that contains
an optional exemption. Subsection (f) gives municipalities some
leeway on adopting policies and procedures. Subsection (g) to
subsection (f) states that any exemption placed in (e) would be
reimbursable by the state to municipalities, although it is
subject to an appropriation by the legislature. In the recent
past, the legislature has chosen not to fund those exemptions.
SENATOR COGHILL spoke of the confusion between "030" and "050."
He thought they were compatible.
MR. RUBY explained that they are different variations of an
exemption and have different parameters so the municipalities
can choose which of those it prefers.
SENATOR COGHILL predicted there would be a debate on each one of
the areas. He concluded that 030 was broader than 050.
9:24:31 AM
SENATOR DYSON voiced appreciation that the exemption is
permissive.
SENATOR GIESSEL moved to report SB 73, version 28-LS0631\C, from
committee with individual recommendations and attached zero
fiscal note There being no objection, CSSB 73(STA) moved from
the Senate State Affairs Standing Committee .
SB 64-OMNIBUS CRIME/CORRECTIONS BILL
9:25:50 AM
CHAIR DYSON announced the consideration of SB 64.
SENATOR JOHNNY ELLIS provided testimony on SB 64 on behalf of
the Senate Judiciary Committee. He remarked that in terms of
correction policies, Alaska is truly at a crossroads. Lawmakers
have an opportunity to follow the best minds in the country on
corrections reform to confront Alaska's rising prison costs,
with an emphasis on public safety. He opined that the state can
have both.
He spoke of an epiphany he had during his work on correction
policies when he came across a website called "Right On Crime."
He highly recommended the site. He noted he agreed with the
mission the group promoted. He stated that progressives and
conservatives can work together and accomplish good work. He
concluded it was a national movement.
He noted that SB 64 does several things. It is designed to stem
the tide of Alaska's climbing corrections costs, reduce
recidivism, and increase public safety. It is called the "Smart
Justice Movement."
9:29:10 AM
SENATOR ELLIS spoke of the expense of the Goose Creek
Correctional Facility project and the need to prepare for the
next mega-prison almost immediately in order to keep up with the
trajectory of increase in incarceration. He said there has to be
a better way to protect the public and protect the treasury.
CHAIR DYSON recalled information that Alaska incarcerates people
at the highest rate in the nation, and the growth in the prison
population is among the top four or five states.
SENATOR ELLIS agreed.
CHAIR DYSON said he respects Senator Ellis's experience. He
asked about policy concerns of the bill.
SENATOR ELLIS said he would need a minute to think this through.
CHAIR DYSON stated that it is the intention of the committee to
move the bill to Judiciary Committee to work on during the
interim.
9:31:09 AM
SENATOR GIESSEL moved to adopt the work draft CS for SB 64,
labeled 28-LS0116\C, as the working document. There being no
objection, version C was before the committee.
93124
CHAIR DYSON called a short at ease.
93157
CHAIR DYSON reconvened the meeting and recognized Mr. Hutchison.
CHAD HUTCHISON, Staff, Senator John Coghill, explained the
sections of SB 64 on behalf of the Senate Judiciary Committee,
sponsor of the bill.
SENATOR COGHILL suggested addressing the two conditional
driver's license issues.
9:32:47 AM
CHAIR DYSON requested information about how the bill addresses
the mission stated by Senator Ellis.
MR. HUTCHISON explained two ways that SB 64 addresses the
mission to confront Alaska's rising prison costs, with an
emphasis on public safety. The first way is by establishing the
Alaska Sentencing Commission, which is found in Section 2. The
commission will make recommendations and do the analysis with
regards to improving sentencing practices. The second way deals
with therapeutic courts, treatment programs, and limited
drivers' licenses for misdemeanants and felons.
MR. HUTCHISON provided a sectional overview. He said that
Section 1 discusses credit for the time the defendant is in
treatment. Section 3 deals with the termination of revocation of
DUI's or refusals. It states that if a person successfully
completes a court-ordered treatment program and has good
behavior and has driven under a limited license for a period of
time, the revocation terminates. It provides incentives for
people to go through the therapeutic program.
He related that Section 4 outlines when a court may grant
limited license privileges. They must be associated with a DUI
or a refusal and a person has to participate in a court-ordered
treatment program. Section 5 outlines the procedure for someone
who pleads no contest or guilty. The intent is to encourage
people to receive treatment.
He said Sections 6 and 7 were taken from SB 81 and deals with
how the court restores the license if conditions are met.
Sections 8 and 9 establish a program for certain offenders with
random drug testing and probation conditions.
9:38:02 AM
TIFFANY THOMAS, Driver Licensing Manager, Division of Motor
Vehicles, Department of Administration, presented information
related to SB 64. She explained the DMV process for termination
of revocation. She said the court does not have access to DMV
driving records, so once the revocations are modified by a DMV
hearing officer, the court signs off that they agree to the
modification of revocation and the applicant can apply to get
their license back. She said the new CS appears to alleviate
concerns about the felony termination process.
She discussed Section 4 regarding the issuance of a limited
license. In most cases the actions on a driving record run
consecutive to one another so they compound with each new
offense. This is especially true for someone convicted of a
felony DUI. By the time a person is convicted of a felony DUI,
they may already be revoked for ten years or more before they
can get to the revocation for Wellness Court. The bill would
allow a person in Wellness Court to drive with a limited
license, even though they may be revoked or suspended for
another offense.
She noted that the court does not have access to the DMV driving
record, so the problem is that the person's driving record may
not be updated to reflect that the person may be on a limited
license. If they are pulled over by law enforcement, all they
will have is a piece of paper to show the limited license,
however, their driving record may show that they are suspended
or revoked. She highlighted another problem regarding DMV's
limited license issuance for DUI's. She said it is also not
clear if DMV would need to require an ignition interlock device
with a limited license.
9:42:09 AM
CHAIR DYSON asked what the impact might be on DMV's budget.
MS. THOMAS replied that there was a zero fiscal note.
SENATOR COGHILL said there has always been a problem with
communication between the courts, DMV, and public safety. He
suggested the bill might be able to create a better
communication pathway, especially in light of accountability
measures.
CHAIR DYSON suggested the task force look at the barriers to
communication.
QUINLAN STEINER, Public Defender, Department of Administration,
presented information on SB 64. He pointed out that the bill
opens up treatment opportunities and provides incentives for
treatment participation. He spoke of the benefits of treatment
toward promoting public safety.
CHAIR DYSON noted that the Senate Judiciary Committee would work
more on that issue. He said he worries about technical parole
violators and their difficulty getting to work without a
driver's license.
9:45:38 AM
CARMEN GUTIERREZ, Alaska Prisoner Reentry Task Force, testified
in support of SB 64. She agreed with Senator Ellis' statement
that, with this bill, Alaska has a real opportunity to look at
proven best practices that may more effectively address
criminality in Alaska, reduce recidivism, and build healthier,
safer Alaska communities. She stressed that the time is right to
address this new course and direction with the creation of an
Alaska Sentencing Commission.
MS. GUTIERREZ pointed out that crime in Alaska has actually
decreased. According to the Department of Public Safety Uniform
Crime Report for 2011, all violent crime index offense total and
property crime index offense total decreased. She said in spite
of those decreases, the prison population continues to grow by 3
percent per year. Since 2005, the "hard bed" prison population
cost the state $135 per day per bed. The number of those inmates
grew from 4,200 inmates to 4,961 in 2012. At the current rate
the Department of Correction (DOC) prison population will reach
over 6,000 hard bed inmates by 2020. She stressed the need to
build the next prison if that growth rate continues.
She spoke of the goal to do what Texas did in 2007, which was to
change to cost-effective ways to reduce criminality and
recidivism. She related statistics from the Texas program: it
avoided $2 billion in projected DOC expenses; the recidivism
rate dropped, and the crime rate dropped. She described how
Texas provided effective treatment programs as the most cost
effective way to reduce costs and recidivism.
MS. GUTIERREZ concluded that the Alaska Legislature increased
DOC's budget for treatment programs within prisons and within
communities. She said she is hopeful that there will be positive
results shown in 2013 and 2014 as a result of the increased
funding.
9:51:56 AM
MS. GUTIERREZ noted that the majority of Alaska's criminal
statutes were re-written in 1982 and much has been learned since
then. She stated that this bill will help reduce criminality in
Alaska. Current laws are not working, and she is hopeful that SB
64 will make Alaska safer and healthier.
CHAIR DYSON voiced appreciation for Ms. Gutierrez's work.
MS. GUTIERREZ said it was her honor.
9:53:40 AM
JANET MCCABE, Partners for Progress, testified in support of SB
64. She described Partners for Progress' efforts initiating
Therapeutic Courts for DUI offenders in Alaska and participating
in Smart Justice in order to reduce waste of public and human
resources through excessive incarceration. She said the bill is
an excellent step toward achieving that goal. She mentioned that
Senator Dyson said by doing the smart thing, not just the tough
thing, Alaska can create good economies and public safety
improvements.
MS. MCCABE highlighted Sections 3 - 7 that allow a successful
participant in a court-ordered treatment plan to drive on a
limited license as a pathway to getting a full license. In the
classic Smart Justice format, these sections recognize the
reality of DUI offenders' addictions, as well as the reality of
every-day life in an Alaskan community without the ability to
drive.
She described the three main categories of beneficial effects
found in the five sections. The opportunity to drive legally
provides an incentive for treatment. More people opting into
Therapeutic Courts results in less costly, community-based
treatment programs. Specialized addiction treatment is designed
to break the pattern of recycling through the prison system.
Another benefit is that the possibility of employment is
enhanced. Additionally, the requirement for on-going drug and
alcohol testing is Smart Justice and is based on scientific
evidence that recovery is stabilized after 4 or 5 years of
sustained abstinence.
She concluded that SB 64 is an important step forward toward
criminal justice system reform that solves problems and reduces
excessive incarceration.
9:59:16 AM
CHAIR DYSON thanked Ms. McCabe.
SENATOR GIESSEL described an incident of a drunk driver with
chronic alcohol issues.
SENATOR COGHILL said it is not possible to stop all drunk
drivers. He noted that the bill gives the courts the capacity to
mandate the ignition interlock device, which is victim
protection. He thought the question is whether the legislature
has put enough money into the specialty courts. He emphasized
that the bill provides ways to protect the public.
JEFF MITTMAN, Executive Director, American Civil Liberties Union
(ACLU) of Alaska, testified in support of SB 64.
10:02:26 AM
CHAIR DYSON commented that there were areas that remain unclear
in the mission statement. He suggested clarifying the process
for expunging the felony conditions. He noted that other states
have done so.
He spoke of his work on restorative justice and a concern that
assets of the perpetrator should go to the victim. He understood
that many on probation serve their time serially. He voiced
concern about those who violate probation for technical reasons,
such as those related to transportation needs. He stressed the
impact of over-sentencing on a family and the social cost.
10:05:43 AM
NANCY MEADE, General Counsel, Office of the Administrative
Director, Alaska Court System, testified that the Court System
supports the Sentencing Commission that is described in Section
2 of SB 64, and that the Chief Justice is enthusiastic about
making the appointments on the Commission.
She noted that she will continue to work on the other sections
of the bill with the sponsor. She voiced support for Therapeutic
Courts. She related that many provisions came out of the
Criminal Justice Working Group. She said they recognized that
people without licenses have a hard time getting to work and to
probation appointments. She concluded that the Court System is
prepared to implement these provisions.
SENATOR ELLIS thanked Ms. Meade for supporting the bill.
CHAIR DYSON expressed hope that the administration would also
support the bill.
10:08:16 AM
SENATOR GIESSEL moved to report CS for SB 64, labeled 28-
LS0116\C, from committee with individual recommendations and
attached fiscal notes. There being no objection, CSSB 64(STA)
was reported from the Senate State Affairs Standing Committee.
10:08:59 AM
There being no further business to come before the committee,
Chair Dyson adjourned the Senate State Affairs Standing
Committee at 10:08 a.m.