04/07/2016 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB231 | |
| SB150 | |
| SB171 | |
| HB77 | |
| HB273 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SB 150 | TELECONFERENCED | |
| += | SB 171 | TELECONFERENCED | |
| += | HB 231 | TELECONFERENCED | |
| + | HB 273 | TELECONFERENCED | |
| + | HB 77 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
April 7, 2016
9:03 a.m.
MEMBERS PRESENT
Senator Bill Stoltze, Chair
Senator John Coghill, Vice Chair
Senator Charlie Huggins
Senator Lesil McGuire
Senator Bill Wielechowski
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 231(FIN)
"An Act extending the termination date of the Board of Parole;
and providing for an effective date."
- MOVED SCS CSHB 231(STA) OUT OF COMMITTEE
SENATE BILL NO. 150
"An Act adding the commissioner of the Department of Military
and Veterans' Affairs to the membership of the Council on
Domestic Violence and Sexual Assault."
- HEARD & HELD
SENATE BILL NO. 171
"An Act relating to the duties of the Department of
Administration; relating to payment of judgment against the
state; relating to pre-audit of claims; relating to travel costs
and travel outside the state; repealing authorization and
administration of the Department of Administration to make
advances to the University of Alaska; and repealing the United
States savings bond purchase plan."
- MOVED CSSB 171(STA) OUT OF COMMITTEE
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 77(FIN)
"An Act relating to training regarding disabilities for police
officers, probation officers, parole officers, correctional
officers, and village public safety officers; relating to
guidelines for drivers when encountering or being stopped by a
peace officer; relating to driver's license examinations; and
relating to a voluntary disability designation on a state
identification card and a driver's license."
- MOVED CSHB 77(FIN) OUT OF COMMITTEE
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 273(STA)
"An Act relating to the transfer of the title to a vehicle,
including certain manufactured homes and trailers, on the death
of the owner; allowing a person to act for the surviving spouse
of a decedent to make a demand of the personal representative of
the decedent's estate related to enforcing a liability against
real property or an interest in real property transferred at
death by a transfer on death deed; and providing for an
effective date."
- HEARD & HELD
CONFIRMATION HEARINGS
Board of Fisheries
Israel Payton
Alan Cain
Robert Ruffner
- ITEM REMOVED FROM THE AGENDA
PREVIOUS COMMITTEE ACTION
BILL: HB 231
SHORT TITLE: EXTEND BOARD OF PAROLE
SPONSOR(s): LYNN
01/19/16 (H) PREFILE RELEASED 1/8/16
01/19/16 (H) READ THE FIRST TIME - REFERRALS
01/19/16 (H) STA, FIN
01/21/16 (H) STA AT 8:00 AM CAPITOL 106
01/21/16 (H) Moved HB 231 Out of Committee
01/21/16 (H) MINUTE(STA)
01/22/16 (H) STA RPT 7DP
01/22/16 (H) DP: TALERICO, STUTES, VAZQUEZ,
GRUENBERG, KREISS-TOMKINS, LYNN, KELLER
03/15/16 (H) FIN AT 1:30 PM HOUSE FINANCE 519
03/15/16 (H) Heard & Held
03/15/16 (H) MINUTE(FIN)
03/24/16 (H) FIN AT 9:30 AM HOUSE FINANCE 519
03/24/16 (H) Moved CSHB 231(FIN) Out of Committee
03/24/16 (H) MINUTE(FIN)
03/25/16 (H) FIN RPT CS(FIN) 8DP
03/25/16 (H) DP: SADDLER, KAWASAKI, PRUITT, GARA,
WILSON, GUTTENBERG, MUNOZ, THOMPSON
03/29/16 (H) TRANSMITTED TO (S)
03/29/16 (H) VERSION: CSHB 231(FIN)
03/30/16 (S) READ THE FIRST TIME - REFERRALS
03/30/16 (S) STA, FIN
04/05/16 (S) STA AT 9:00 AM BUTROVICH 205
04/05/16 (S) Heard & Held
04/05/16 (S) MINUTE(STA)
04/07/16 (S) STA AT 9:00 AM BUTROVICH 205
BILL: SB 150
SHORT TITLE: DMVA COMMISSIONER MEMBER OF CDVSA
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/21/16 (S) READ THE FIRST TIME - REFERRALS
01/21/16 (S) STA, FIN
03/22/16 (S) STA AT 9:00 AM BUTROVICH 205
03/22/16 (S) Heard & Held
03/22/16 (S) MINUTE(STA)
04/07/16 (S) STA AT 9:00 AM BUTROVICH 205
BILL: SB 171
SHORT TITLE: DOA PAYMENTS; REPEAL OTHER DOA DUTIES
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
02/05/16 (S) READ THE FIRST TIME - REFERRALS
02/05/16 (S) STA, FIN
02/18/16 (S) STA AT 8:30 AM BUTROVICH 205
02/18/16 (S) Heard & Held
02/18/16 (S) MINUTE(STA)
03/24/16 (S) STA AT 9:00 AM BUTROVICH 205
03/24/16 (S) Heard & Held
03/24/16 (S) MINUTE(STA)
03/31/16 (S) STA AT 9:00 AM BUTROVICH 205
03/31/16 (S) Heard & Held
03/31/16 (S) MINUTE(STA)
04/07/16 (S) STA AT 9:00 AM BUTROVICH 205
BILL: HB 77
SHORT TITLE: DISABILITY: ID/LICENSE AND TRAINING RQMTS.
SPONSOR(s): THOMPSON
01/23/15 (H) READ THE FIRST TIME - REFERRALS
01/23/15 (H) STA, FIN
03/24/15 (H) STA AT 8:00 AM CAPITOL 106
03/24/15 (H) Heard & Held
03/24/15 (H) MINUTE(STA)
04/02/15 (H) STA AT 8:00 AM CAPITOL 106
04/02/15 (H) -- MEETING CANCELED --
04/07/15 (H) STA RPT CS(STA) NT 5DP
04/07/15 (H) DP: STUTES, KELLER, VAZQUEZ, KREISS-
TOMKINS, LYNN
04/07/15 (H) STA AT 8:00 AM CAPITOL 106
04/07/15 (H) Moved CSHB 77(STA) Out of Committee
04/07/15 (H) MINUTE(STA)
03/15/16 (H) FIN AT 1:30 PM HOUSE FINANCE 519
03/15/16 (H) Heard & Held
03/15/16 (H) MINUTE(FIN)
03/24/16 (H) FIN AT 9:30 AM HOUSE FINANCE 519
03/24/16 (H) Moved CSHB 77(FIN) Out of Committee
03/24/16 (H) MINUTE(FIN)
03/25/16 (H) FIN RPT CS(FIN) 10DP
03/25/16 (H) DP: SADDLER, KAWASAKI, PRUITT, GARA,
WILSON, GUTTENBERG, GATTIS, EDGMON,
MUNOZ,
03/25/16 (H) THOMPSON
03/30/16 (H) TRANSMITTED TO (S)
03/30/16 (H) VERSION: CSHB 77(FIN)
04/01/16 (S) READ THE FIRST TIME - REFERRALS
04/01/16 (S) STA, FIN
04/07/16 (S) STA AT 9:00 AM BUTROVICH 205
BILL: HB 273
SHORT TITLE: VEHICLES: TRANSFER ON DEATH TITLE; ESTATES
SPONSOR(s): STATE AFFAIRS
01/22/16 (H) READ THE FIRST TIME - REFERRALS
01/22/16 (H) STA
02/04/16 (H) STA AT 8:00 AM CAPITOL 106
02/04/16 (H) Heard & Held
02/04/16 (H) MINUTE(STA)
02/09/16 (H) STA AT 8:00 AM CAPITOL 106
02/09/16 (H) DMV REVOCATION OF DRIVER'S LICENSE
03/15/16 (H) STA AT 8:00 AM CAPITOL 106
03/15/16 (H) Moved CSHB 273 (STA) Out of Committee
03/15/16 (H) MINUTE(STA)
03/16/16 (H) STA RPT CS(STA) NT 7DP
03/16/16 (H) DP: STUTES, SPOHNHOLZ, KELLER,
TALERICO, KREISS-TOMKINS, VAZQUEZ, LYNN
03/23/16 (H) TRANSMITTED TO (S)
03/23/16 (H) VERSION: CSHB 273(STA)
03/25/16 (S) READ THE FIRST TIME - REFERRALS
03/25/16 (S) STA, FIN
04/07/16 (S) STA AT 9:00 AM BUTROVICH 205
WITNESS REGISTER
ESTHER MIELKE, Staff
Representative Lynn
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided an overview of HB 231.
DANIEL GEORGE, Staff
Senator Stoltze
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided an overview of SB 150 and SB 171.
LAURIE HUMMEL, Commissioner
Alaska Department of Military & Veterans Affairs (DMVA)
Elmendorf Airforce Base, Alaska
POSITION STATEMENT: Addressed questions regarding SB 150.
JAYNE ANDREEN, President
Alaska Public Health Association
Douglas, Alaska
POSITION STATEMENT: Testified in opposition to Amendment 2 of SB
150.
LAUREE MORTON, Executive Director
Council on Domestic Violence and Sexual Assault
Juneau, Alaska
POSITION STATEMENT: Answered questions regarding SB 150.
CHRIS CHRISTENSEN, Associate Vice President of State Relations
University of Alaska
Anchorage, Alaska
POSITION STATEMENT: Answered questions regarding SB 150 and SB
171.
SCOT AREHART, Director
Division of Finance
Alaska Department of Administration
Juneau, Alaska
POSITION STATEMENT: Addressed questions regarding SB 171.
LYNETTE BERGH, Staff
Representative Steve Thompson
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided an overview of HB 77.
JUANITA WEBB, Member
Wall Busters Advocacy Group
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 77.
PATRICK REINHART, Executive Director
Governor's Council on Disabilities and Special Education
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 77.
CHAD GOEDEN, Academy Commander
Division of Alaska State Troopers
Alaska Department of Public Safety
Sitka, Alaska
POSITION STATEMENT: Testified on HB 77.
ART DELAUNE, Member
Wall Busters Advocacy Group
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 77.
AMY ERICKSON, Director
Division of Motor Vehicles
Alaska Department of Administration
Anchorage, Alaska
POSITION STATEMENT: Addressed questions regarding HB 77.
DENEEN TUCK, Staff
Representative Lynn
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented an overview of HB 273.
ACTION NARRATIVE
9:03:02 AM
CHAIR BILL STOLTZE called the Senate State Affairs Committee
meeting to order at 9:03 a.m. Present at the call to order were
Senators Coghill, Huggins, McGuire, and Chair Stoltze. Senator
Wielechowski arrived shortly thereafter.
HB 231-EXTEND BOARD OF PAROLE
9:03:33 AM
CHAIR STOLTZE announced the consideration of HB 231.
9:04:05 AM
ESTHER MIELKE, Staff, Representative Lynn, Alaska State
Legislature, Juneau, Alaska, explained that HB 231 would extend
the Board of Parole's sunset date. She noted that the sunset
date originally was six years, but changes were made due to the
pending crime bill. She revealed that the Division of Audit
provided recommendations, but found the Board of Parole to be in
good operating order.
CHAIR STOLTZE stated that he was not sure there was a consensus
on Board of Parole and noted that improvements would be
addressed with Director Edwards. He said an amendment was before
the committee and affirmed that the intent was to have the
board's sunset date interact with the crime bill, SB 91. He
asked Senator Coghill, SB 91 sponsor, if he had any comments.
SENATOR COGHILL explained that an audit would be requested to be
done sooner because a lot of new duties were being asked from
the jail system and the Board of Parole. He surmised that a 2020
sunset date would mean an audit would be done in 2019.
CHAIR STOLTZE asked for a motion to adopt the Senate committee
substitute (SCS).
SENATOR MCGUIRE moved to adopt the work draft SCS for CSHB 231,
29-LS1138\N, as the working document.
CHAIR STOLTZE announced that hearing no objection, version N was
adopted. He declared that no other comments were heard and asked
Senator McGuire for a motion.
9:06:58 AM
SENATOR MCGUIRE moved to report SCS CSHB 231 from committee with
individual recommendations and attached fiscal note.
CHAIR STOLTZE announced that hearing no objection, SCS CSHB
231(STA) moves from committee.
9:07:15 AM
At ease.
SB 150-DMVA COMMISSIONER MEMBER OF CDVSA
9:10:51 AM
CHAIR STOLTZE announced the consideration of SB 150 and moved to
adopt Amendment 1, labeled 29-GS2797\A.2:
AMENDMENT 1
OFFERED IN THE SENATE
TO SB 150
Page 1, line 2, following "Assault":
Insert "; and relating to the duties of the
Council on Domestic Violence and Sexual Assault"
Page 2, following line 13:
Insert a new bill section to read:
"* Sec. 3. AS 18.66.050 is amended to read:
Sec. 18.66.050. Duties of the council. The
council shall
(1) Hire an executive director, and the
executive director may hire staff; the executive
director is in the exempt service under AS 39.25.110
and staff members are in the classified service under
AS 39.25.100;
(2) Elect one of its members as presiding
officer;
(3) In consultation with authorities in the
field, develop, implement, maintain, and monitor
domestic violence, sexual assault, and crisis
intervention and prevention programs, including
educational programs, films, and school curricula on
the cause, prevention, and treatment of domestic
violence and sexual assault;
(4) Coordinate services provided by the
Department of Law, the Department of Education and
Early Development, the Department of Public Safety,
the Department of Health and Social Services, the
Department of Corrections, the Department of Military
and Veterans' Affairs, and other state agencies and
community groups dealing with domestic violence,
sexual assault, and crisis intervention and
prevention, and provide technical assistance as
requested by those state agencies and community
groups;
(5) Develop and implement a standardized
data collection system on domestic violence, sexual
assault, and crisis intervention and prevention;
(6) Conduct public hearings and studies on
issues relating to violence, including domestic
violence and sexual assault, and on issues relating to
the role of crisis intervention and prevention;
(7) Receive and dispense state and federal
money and award grants and contracts from
appropriations for the purpose to qualified local
community entities for domestic violence, sexual
assault, and crisis intervention and prevention
programs;
(8) Oversee and audit domestic violence,
sexual assault, and crisis intervention and prevention
programs that receive money under this chapter;
(9) Provide fiscal and technical assistance
to plan, organize, implement, and administer domestic
violence, sexual assault, and crisis intervention and
prevention programs;
(10) Make an annual report to the governor
on the activities of the council, plans of the council
for new services and programs, and concerns of the
council, including recommendations for legislation
necessary to carry out the purposes of this chapter;
the council shall notify the legislature that the
report is available;
(11) Adopt regulations in accordance with
AS 44.62 (Administrative Procedure Act) to carry out
the purposes of this chapter and to protect the
health, safety, well-being, and privacy of persons
receiving services financed with grants or contracts
under this chapter;
(12) Consult with the Department of Health
and Social Services in the formulation of standards
and procedures for the delivery of services to victims
of domestic violence by health care facilities and
practitioners of healing arts and personnel in those
facilities as required in AS 18.66.300;
(13) Consult with the Alaska Police
Standards Council and other police training programs
in the state to develop training programs regarding
domestic violence for police officers and for
correction, probation, and parole officers;
(14) Consult with public employers, the
Alaska Supreme Court, school districts, and
prosecuting authorities who are required by
AS 18.66.300 - 18.66.310 to provide continuing
education courses in domestic violence to employees."
SENATOR COGHILL objected for discussion purposes.
9:11:02 AM
DANIEL GEORGE, Staff, Senator Stoltze, Alaska State Legislature,
Juneau, Alaska, explained that Amendment 1 catches an oversight
to add the commissioner for the Department of Military and
Veterans' Affairs (DMVA) to the Council on Domestic Violence and
Sexual Assault (CDVSA).
SENATOR COGHILL removed his objection.
CHAIR STOLTZE announced that no further objection was heard and
Amendment 1 was adopted.
9:12:25 AM
CHAIR STOLTZE moved to adopt Amendment 2, labeled 29-GS2797\A.1:
AMENDMENT 2
OFFERED IN THE SENATE
TO SB 150
Page 2, line 7, following "affairs":
Insert "who shall serve ex officio as a nonvoting
member of the council"
SENATOR COGHILL objected for discussion purposes.
MR. GEORGE said two letters were presented to the committee that
addressed Amendment 2. They were from the commissioner of DMVA
and the Alaska Network on Domestic Violence and Sexual Assault.
SENATOR COGHILL commented that the amendment would make the DMVA
commissioner an ex officio, non-voting member for CDVSA.
CHAIR STOLTZE explained that the purpose for ex officio status
was not to alter CDVSA's public balance as well as keep the
fiscal note from occurring on the bill. He said a sensitivity
existed to not have an outnumbering of government officials over
public members.
CHAIR STOLTZE opened public testimony.
SENATOR WIELECHOWSKI asked if Commissioner Hummel supported
Amendment 2 for SB 150.
9:13:59 AM
LAURIE HUMMEL, Commissioner, Department of Military & Veterans
Affairs (DMVA), Anchorage, Alaska, replied that she opposed
making commissioners non-voting members on the administration's
own boards, commissions and councils.
SENATOR WIELECHOWSKI pointed out that the concern was an
imbalance would occur with her appointment. He asked if
Commissioner Hummel agreed that the concern was valid.
COMMISSIONER HUMMEL voiced that she was concerned about an
imbalance and recommended that an additional public member be
added to the board.
CHAIR STOLTZE asked if the administration proposed adding a
public member when introducing the bill.
COMMISSIONER HUMMEL replied that she did not believe there was a
discussion.
9:16:40 AM
SENATOR WIELECHOWSKI pointed out that CDVSA's current membership
already had five commissioners and four public members. He asked
if the committee wanted to add more public members.
CHAIR STOLTZE commented that SB 150 was not his bill, but added
that he did not want to further promote CDVSA's imbalance. He
opined that the administration could have offered alternatives
for the imbalance.
SENATOR HUGGINS commented that the bill was a prime example of
being careful before asking for something where the state's
price tag for doing business was driven up.
9:18:22 AM
JAYNE ANDREEN, President, Alaska Public Health Association,
Douglas, Alaska, testified in opposition to Amendment 2 and
voiced her support for a balanced board. She shared her history
of serving on CDVSA's board and discussed the importance of
having a balanced board. She set forth that public members have
an important voice whose primary role is serving as a
coordinating entity.
9:20:50 AM
CHAIR STOLTZE noted that each commissioner has a strong voice
and could serve as ex-officio members. He suggested that all
commissioners should be ex officio. He stated that Amendment 2
was the most cost effective way to not disrupt the balance and
make sure that the public votes were at least at par. He noted
that fiscal notes for board costs have been appropriately
scrutinized and opined that the cost for adding another member
would be better served going to victims' services.
9:22:13 AM
SENATOR WIELECHOWSKI pointed out that SB 150 would make the
CDVSA board 6-commissioners and 4-public members. He said there
was a reluctance to spend more money on additional public
members. He asked Ms. Andreen if she would support an imbalanced
board.
MS. ANDREEN replied that she would support adding another public
member.
CHAIR STOLTZE commented that the 2014 gubernatorial race
involved DMVA discussions by the governor where arrests would be
made. He opined that the attorney general's office has had a
muted response to DMVA.
SENATOR MCGUIRE asked if there was anything in CDVSA's meetings
that prevented any commissioner or lawmakers from addressing the
council.
9:25:30 AM
LAUREE MORTON, Executive Director, Council on Domestic Violence
and Sexual Assault, Juneau, Alaska, answered no. She specified
that CDVSA's meetings were open to the public with stated
comment periods. She revealed that CDVSA has issue-specific days
where guest speakers were invited.
SENATOR MCGUIRE asked if there has been an instance where a
request to attend was denied.
9:27:14 AM
MS. MORTON answered no, not during her tenure since 2011.
SENATOR MCGUIRE opined that SB 150 was a solution in search of a
problem. She stated that she did not think politicizing CDVSA
was appropriate. She set forth that she did not support the
amendment.
CHAIR STOLTZE explained that the amendment was offered as kind
of a placeholder to facilitate a discussion. He remarked that he
was comfortable with sending SB 150 forward to Senator McKinnon
in the Senate Finance Committee.
SENATOR MCGUIRE replied that she was not comfortable with the
power imbalance created by the amendment. She requested that the
SB 150 be held in committee.
CHAIR STOLTZE stated that the bill would be held for the
administration to address the committee's issues.
SENATOR WIELECHOWSKI asked Ms. Morton to comment on SB 150 and
Amendment 2.
MS. MORTON replied that the council was neutral on the bill and
would accept the decision. She revealed that state members
absorb costs within their own departments to participate and the
council provides cost for public members that would amount to an
approximate $2,500 fiscal note. She set forth that both costs
and balance were important.
CHAIR STOLTZE asked Mr. Christensen from the University of
Alaska to address the committee. He inquired if there was a
problem with sexual assault and domestic violence on the
university's campuses.
9:32:49 AM
CHRIS CHRISTENSEN, Associate Vice President of State Relations,
University of Alaska, Anchorage, Alaska, replied that there were
issues with violence on the university campus. He detailed that
rates tended to be lower than rates in the general population,
but the university was very concerned. He explained that the
university aggressively focuses on following Title IX rules as
well.
CHAIR STOLTZE asked if there was a problem whether revealed or
hidden regarding sexual assaults on campuses.
MR. CHRISTENSEN replied that there was a problem. He specified
that some problems were stranger-on-stranger violence that was
found in the rest of the state and some were dating-related
violence where alcohol and drugs were a significant part.
CHAIR STOLTZE opined that sexual assaults on campuses was not
raised in the campaign and were really concealed because the
university does not want to talk about it. He asserted that a
university person should be on be a member on the CDVSA board.
CHAIR STOLTZE announced that SB 150 would be held in committee.
[Amendment 2 was pending.]
9:37:59 AM
At ease.
SB 171-DOA PAYMENTS; REPEAL OTHER DOA DUTIES
9:39:17 AM
CHAIR STOLTZE announced the consideration of SB 171.
DANIEL GEORGE, Staff, Senator Stoltze, Alaska State Legislature,
Juneau, Alaska, stated that the CS for SB 171(STA), version H,
was adopted during the 3/24/16 hearing. He explained that the CS
inserted into the statutes for: the state's online-checkbook
system, fiscal-note inclusion, and department appropriation and
allocation. He added that fiscal note revisions by the
Department of Administration were done as well.
CHAIR STOLTZE requested that Mr. George review the revised
fiscal notes.
MR. GEORGE explained that the previous fiscal note from the
Department of Administration contained the addition of three-
fulltime positions and several hundred-thousand dollars of
personal services as well as $81,000 of commodities starting in
FY17. He opined that the fiscal note was fairly significant.
He detailed that Commissioner Fisher from the Department of
Administration worked with the committee's office to help reduce
the fiscal impact to the state while implementing a policy that
ensured transparency to the public. He revealed that the new
fiscal note reflected no personal-services costs as well as a
reduced services cost in FY17 and FY18, and no additional
personnel. He added that the revised fiscal note was contingent
on the adoption of Amendment 3.
MR. GEORGE added that the CS requires the university system and
court system to participate in the state's managed-travel
program. He noted that the court system presented a fiscal note
with thorough analysis in a previous meeting that participation
in the state's managed-travel program was not cost effective. He
added that the university system's president submitted a letter
addressing participation in the managed-travel program, but a
fiscal note was not provided.
9:42:47 AM
CHAIR STOLTZE withdraw Amendment 1. [Amendment 1 was not offered
but was in the bill packet.]
CHAIR STOLTZE moved to adopt Amendment 2, labeled 29-GS2811\H.1.
AMENDMENT 2
OFFERED IN THE SENATE
TO: CSSB 171(STA), Draft Version "H"
Page 2, lines 14 - 18:
Delete all material.
Renumber the following bill sections accordingly.
Page 6, line 8:
Delete "sec. 6"
Insert "sec. 5"
Page 6, line 12:
Delete "sec. 6"
Insert "sec. 5"
CHAIR STOLTZE explained that Amendment 2 removes the court
system from participating in the state's managed-travel program.
He opined that the court system made a case that participating
in the managed-travel program would not provide efficiencies.
He announced that hearing no objection, Amendment 2 was adopted.
CHAIR STOLTZE moved to adopt Amendment 3, labeled 29-GS2811\H.5
AMENDMENT 3
OFFERED IN THE SENATE
TO: CSSB 171(STA), Draft Version "H"
Page 2, lines 11 - 12:
Delete ", approving, purchasing, and reimbursing"
Insert "and purchasing"
Page 6, line 8:
Delete "October 1, 2016"
Insert "January 1, 2017"
Page 6, line 12:
Delete "must,"
Page 6, lines 13 - 14:
Delete "list information from the previous fiscal
year. Beginning on October 1, 2017, the list shall be
updated monthly or annually, as specified"
Insert "must implement and expand a public data
portal as follows:
(1) Software for expenditure transactions,
by July 1, 2017;
(2) Employee-payroll transactions, by
January 1, 2019;
(3) Revenue transactions, by January 1,
2020"
SENATOR COGHILL objected for discussion purposes.
MR. GEORGE explained that Amendment 3, version H.5, replaces
Amendment 1. He clarified that the state managed-travel program
does not approve someone's travel or reimburse them, but simply
dealt with purchasing the travel. He added that the state's
online-checkbook would be delayed three months to January 1,
2017 to help defray costs. He said Amendment 3 also added
transitional language regarding the implementation timeline for
the state's online-checkbook as well as software expenditures
and implementation payroll and revenue.
9:45:09 AM
SCOT AREHART, Director, Division of Finance, Department of
Administration, Juneau, Alaska, testified that the fiscal note
was modified by scheduling software implementation in phases
that used current resources within the division.
CHAIR STOLTZE asked Mr. Arehart to confirm that scheduling
coordination would occur with other major upgrades that the
division was already doing.
MR. AREHART answered correct.
CHAIR STOLTZE asked if there were any objections to Amendment 3.
SENATOR COGHILL removed his objection.
CHAIR STOLTZE announced that hearing no objection, Amendment 3
was adopted.
CHAIR STOLTZE moved Amendment 4, labeled 29-GS2811\H.6.
AMENDMENT 4
OFFERED IN THE SENATE
TO: CSSB 171(STA), Draft Version "H"
Page 1, lines 2 - 3:
Delete "the Department of Administration's
managed travel program"
Insert "negotiated state contracts to make
arrangements for persons traveling on official
business"
Page 2, lines 8 - 18:
Delete all material and insert:
"Sec. 14.40.335. Use of negotiated state
contracts. The University of Alaska shall use state
contracts negotiated by the Department of
Administration to make arrangements for a person
traveling on official business."
Renumber the following bill sections accordingly.
Page 6, line 8:
Delete "sec. 6"
Insert "sec. 5"
Page 6, line 12:
Delete "sec. 6"
Insert "sec. 5"
SENATOR COGHILL objected for discussion purposes.
9:47:00 AM
MR. GEORGE explained that Amendment 4, version H.6, clarified
that the university system would use the Department of
Administration's already negotiated travel contracts and that
the university can become a separate entity under the contracts.
CHAIR STOLTZE pointed out that the amendment was requested by
Commissioner Fisher.
SENATOR COGHILL withdrew his objection.
SENATOR WIELECHOWSKI asked if the university supports Amendment
4.
CHRIS CHRISTENSEN, Associate Vice President of State Relations,
University of Alaska, Anchorage, Alaska, remarked that the
amendment takes care of part of the problem. He pointed that the
university has reduced its unrestricted-travel budget by
approximately 30 percent over the past three and a half years.
He stated that the university's preference would be that the
language instruct the university system to use the state's
contracts or adopt a travel system that provides an equivalent
or greater cost savings and efficiencies. He expressed that the
university system could conceivably come up with a system that
works better. He noted that more than half of the university
system's travel was actually federally funded due research
grants and Medicaid travel.
9:50:16 AM
SENATOR WIELECHOWSKI asked if Mr. Christensen supported
Amendment 4.
MR. CHRISTENSEN suggested that language be added that allowed
greater flexibility for the university system to use either the
state's managed-travel program or its own travel system if
savings were equal or greater than the state's managed-travel
program.
CHAIR STOLTZE noted that the Senate State Affairs Committee was
the first committee of referral and the bill would go through
both the Senate and House finance committees. He reiterated that
the bill was a placeholder for further discussions and possible
changes.
9:52:58 AM
CHAIR STOLTZE announced that Amendment 4 was adopted without
objection.
9:53:25 AM
SENATOR COGHILL moved to report the CS for SB 171(STA), as
amended, from committee with individual recommendations and
attached fiscal notes.
CHAIR STOLTZE objected for Senator Wielechowski to make a
statement.
SENATOR WIELECHOWSKI stated that he appreciated the online-
checkbook additions. He noted that Alaska was dead last in the
country regarding an online-checkbook system which led to a
severe lack of transparency in what was happening in government.
He said the bill would get the state to the point where people
can have more confidence in what was happening in the
government. He added that he appreciated what was done regarding
savings as well.
CHAIR STOLTZE removed his objection and announced that without
objection, CSSB 171(STA) moved out of committee.
9:54:35 AM
At ease.
HB 77-DISABILITY: ID/LICENSE AND TRAINING REQUIREMENTS.
9:55:11 AM
CHAIR STOLTZE announced the consideration of HB 77. [CSHB
77(FIN) was before the committee.]
9:56:40 AM
REPRESENTATIVE STEVE THOMPSON, Alaska State Legislature, Juneau,
Alaska, sponsor of HB 77, explained that constituents who are
advocates for the disabled approached him to address legislation
for non-apparent disabilities due to bad interactions with law
enforcement officers. He detailed that his office worked with
Wall Busters and Access Alaska to compose a bill that would
improve communications between individuals with non-apparent
disabilities and law enforcement.
He detailed that HB 77 has three main components as follows:
1. Non-apparent disability awareness training at state trooper
and police training academies.
2. Section added to the Division of Motor Vehicle's handbook
addressing driver's responsibilities when interacting with
law enforcement.
3. Statewide voluntary identification system for driver's
licenses or state IDs that lets police officers or
corrections officers know an individual has a non-apparent
disability.
REPRESENTATIVE THOMPSON summarized that the bill can improve
communication between all parties and help instruct people on
what to expect when stopped by a police officer.
CHAIR STOLTZE revealed that his family has a member with autism
and interacting with police has been addressed. He remarked that
an interaction between an individual with a non-apparent
disability and a police officer who does not understand the
disability can turn badly. He noted that an incident occurred in
Kodiak that could have been prevented. He stated that he
appreciated the legislation coming forward for more awareness
and training for law enforcement officials.
9:59:18 AM
LYNETTE BERGH, Staff, Representative Steve Thompson, Alaska
State Legislature, Juneau, Alaska, explained that the bill
evolved from statewide input so that the legislation could be
accepted by the public and law enforcement. She set forth that
the bill would help both disabled people and others on what to
do when stopped by a police officer.
10:00:39 AM
JUANITA WEBB, Member, Wall Busters Advocacy Group, Fairbanks,
Alaska, testified in support of HB 77. She detailed that Wall
Busters was a consumer-driven advocacy group that brought the
bill forward with Access Alaska and Representative Thompson's
office. She set forth that the bill came about because of a
need, both on a national and local level. She asserted that law
enforcement needs to understand how a person with a non-apparent
disability may have communication or understanding opportunities
that can drastically change the interaction with law
enforcement.
She specified that HB 77 would accomplish an understanding as
follows:
• Discreet icon on ID or driver's license that was completely
voluntary.
• Education of law enforcement, corrections, or probation
officers at the academy level.
• Education for anyone applying for a driver's license.
She detailed that a person has to have diagnostic proof from a
licensed physician, nurse practitioner or licensed psychiatrist
in order to obtain a disability ID. She noted that the bill had
a zero-fiscal note. She set forth that the disability ID was not
a get-out-of-jail-free card. She summarized that the discreet
indicator and education would create a safe environment for both
the general public, people with disabilities, and law
enforcement. She asked that the bill be waived from the Senate
Finance Committee assignment due to the bill's zero-fiscal note.
10:04:26 AM
PATRICK REINHART, Executive Director, Governor's Council on
Disabilities and Special Education, Anchorage, Alaska, testified
in support of HB 77. He set forth that the bill would improve
the experience between people with unapparent disabilities and
law enforcement.
10:05:26 AM
CHAD GOEDEN, Academy Commander, Division of Alaska State
Troopers, Department of Public Safety, Sitka, Alaska, testified
that the department was neutral on HB 77. He stated that the
academy can modify its training to meet the bill's requirements.
He noted that the academy already had an 8-hour segment that
covered disabilities.
CHAIR STOLTZE asserted that Mr. Goden was neutral from a
political standpoint and noted that his department as well as
the governor's office did not take a position. He asked if Mr.
Goden saw value in adding the training.
MR. GOEDEN replied that he saw value, but remarked that the bill
would not solve all of the problems. He stated that the bill was
a step in the right direction to increase communication from
both sides.
CHAIR STOLTZE opined that the bill would also help law
enforcement better understand the circumstances for both the
person and public, ultimately strengthening the officer's
position.
10:06:48 AM
SENATOR WIELECHOWSKI asked if the state would be exposed to
liability if the requirements were not followed if a person with
disabilities was not recognized.
MR. GOEDEN responded that he did not think he was the best
person to answer Senator Wielechowski's question.
CHAIR STOLTZE asked Ms. Berge if the liability question has come
up before.
MS. BERGH replied that she did not recall the question coming
up, but noted that the designation was voluntary. She opined
that she did not believe that a person could be held responsible
if certain behaviors and interactions took place. She specified
that the icon was just a notification to law enforcement that a
person has a type of a disability.
CHAIR STOLTZE stated that he did not want to rely on an opinion
and noted that a very specialized area of disability law
existed.
10:08:09 AM
SENATOR MCGUIRE stated that she liked the bill. She revealed
that she has a head-injured brother and remarked that everyone
has been touched at some point or another by someone with
disabilities. She said her biggest area of questioning centered
on liability. She remarked that the bill may expose the state
along with jurisdictions with corrections and village public
safety officers due to the bill's new set of standards. She
asked that Legal Services provide an opinion due to new actions
caused by either disability-law theory or police council's
training requirements. She detailed that receiving an opinion
might mitigate or offset liability by setting mental standards
or placing a cap on what the amount would be. She stated that
all public-safety individuals should be included. She noted that
she did not see not the inclusion of correctional officers in
the bill.
MS. BERGH noted that version W included correctional officers.
SENATOR MCGUIRE confirmed that correctional officers, probation
officers, police officers, and village public safety officers
were covered in the bill. She asked Ms. Bergh to confirm that
the regulations were equal for everyone.
MS. BERGH replied that the standards applied to all officers
throughout the state.
10:12:02 AM
CHAIR STOLTZE noted that two committee members brought up
liability issues. He offered that the committee meet on an ad
hoc basis to receive legal opinions.
SENATOR MCGUIRE stated that she would be happy to move the bill
along and suggested that liability issue be flagged with
recommendations for the next committee of assignment.
CHAIR STOLTZE agreed to "flag" the bill and move it on.
SENATOR COGHILL asked Chair Stoltze to confirm that the
committee would get a legal opinion for the next committee.
CHAIR STOLTZE confirmed that the next committee chair would be
aware of the committee's concerns.
10:14:50 AM
ART DELAUNE, Member, Wall Busters Advocacy Group, Fairbanks,
Alaska, testified in support of HB 77. He noted that Wall
Busters, a grassroots organization, was concerned about people
being treated poorly. He detailed that Representative Thompson
was enlisted to write the bill and noted improvements made by
the bill. He pointed out that all three police academies had
training in place, but upgrades to address certain disabilities
must be made. He summarized that the bill would use of a
discreet, medical information would not be shared, police
officers would be made aware, and a conversation between the
parties would be opened. He set forth that the bill's intent was
to make interaction safer between law enforcement and the
public. He specified that the resolve was not to have police
officers discern specific disabilities with everyone they
encountered. He asserted that the legislation would be a tool to
help officers be more aware and facilitate better communication.
CHAIR STOLTZE closed public testimony on HB 77. He asked Ms.
Erickson to address what would be required for an icon
designation on driver's licenses.
10:20:42 AM
AMY ERICKSON, Director, Division of Motor Vehicles (DMV), Alaska
Department of Administration, Anchorage, Alaska, explained that
DMV envisioned a simple form that would be certified by a doctor
under conditions outlined by the bill. She asserted that DMV
would not want to know any medical information.
CHAIR STOLTZE asked Ms. Erickson to confirm that she did not
envision a fiscal note as well as a nominal fee being charged
for the designation.
MS. ERICKSON answered correct and noted that the designator fee
would be $5, the same as the veterans' designator.
10:22:22 AM
SENATOR MCGUIRE stated that she supported the bill and opined
that there may be more cost than what was indicated in the
bill's fiscal note. She noted that a cultural shift was
occurring in the area of law enforcement to move away from
adversarial interactions with citizens. She added that the bill
could be improved in the next committee by clarifying that a new
legal cause of action was not created as well as clarifying
language about what the cause of action would be and what the
set amount would be so that the state's exposure was limited.
10:23:41 AM
SENATOR MCGUIRE moved to report CSHB 77 from committee with
individual recommendations and attached zero-fiscal note.
CHAIR STOLTZE announced that without objection CSHB 77(FIN)
moves from committee.
10:24:20 AM
He called attention to the confirmation hearing in the previous
committee meeting on the appointment of Commissioner of
Corrections, Dean Williams. He announced that in accordance with
AS 39.05.080, the State Affairs Committee reviewed the following
and recommends the appointment be forwarded to a joint session
for consideration.
HB 273-VEHICLES: TRANSFER ON DEATH TITLE; ESTATES
10:25:29 AM
CHAIR STOLTZE announced the consideration of HB 273.
DENEEN TUCK, Staff, Representative Lynn, Alaska State
Legislature, Juneau, Alaska, read the sponsor statement for HB
273 with commentary as follows:
HB 273 is a way that people can plan their estate
without going through the problems, length and expense
of probate; this is the fourth step in this process. A
number of years ago Title 13 provisions were added
that would allow a person to have a Transfer on Death
(TOD) bank account and designate a beneficiary with
one or more beneficiaries, depending on the
institution, and simply designating to the account by
filling out a small card. When you open a bank account
or thereafter, you can change it or do anything you
want with it, but it has proven very beneficial. Title
13 provides for brokerage accounts, like Merrill Lynch
or accounts that do the same thing and these are also
permitted under Federal law; it has proven to be a
very good step in the area of estate planning and not
controversial. You don't have to do it, but you can do
it if you wish.
Several years ago, legislators carried this one step
further in enacting TOD-deed legislation that does the
same thing with real estate. If you want a TOD deed
than there is a form you just fill out and it becomes
effective upon your death and you record it. When you
die the person who's the beneficiary simply presents a
copy of the death certificate or whatever proof of
death that's recorded and then the deed becomes
effective.
From what I know the TOD concept has been very
successful and now we're trying with this bill to
expand that concept to vehicles. Currently 15 states
have at last count, excluding Alaska. There is no
uniform act yet for this, hopefully there will be or a
model act or a suggested state legislation or
something; but, what we did was we got Legislative
Research and they gave us copies of all the state laws
and in addition, copies of the state laws for which
four states have expanded this for watercraft and we
also register snow machines in this state and we are
looking at outboard motors as well.
The Division of Motor Vehicles has been very helpful
and has provided a lot of technical assistance in the
drafting of this bill because they were given these
laws to see how they could put together a bill for us;
they did not feel it was appropriate to go with the
watercraft and we can't do aircraft because that is
federal and there are obligations on their titles,
it's not done internally that way. HB 273 is 6-page
bill so that it has conforming language with all of
the other TOD language in the statute.
10:28:39 AM
CHAIR STOLTZE announced that HB 273 would be held in committee.
10:29:21 AM
There being no further business to come before the committee,
Chair Stoltze adjourned the Senate State Affairs Standing
Committee at 10:29 a.m.