Legislature(2013 - 2014)BUTROVICH 205

04/09/2013 09:00 AM STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Public Testimony --
+= SB 64 OMNIBUS CRIME/CORRECTIONS BILL TELECONFERENCED
Moved CSSB 64(STA) Out of Committee
+ HB 130 JAY HAMMOND DAY TELECONFERENCED
Moved HB 130 Out of Committee
+= SB 73 PROPERTY TAX EXEMPTION/MILITARY WIDOW(ER) TELECONFERENCED
Moved CSSB 73(STA) Out of Committee
+ Bills Previously Heard/Scheduled 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.                                                                                                         
                                                                                                                                

Document Name Date/Time Subjects
SB 64 - Sponsor Statement.pdf SSTA 4/9/2013 9:00:00 AM
SB 64
SB 64 - Sectional Analysis.pdf SSTA 4/9/2013 9:00:00 AM
SB 64
SB0064A.pdf SSTA 4/9/2013 9:00:00 AM
SB 64
SB 64 - CSSB 64 April 8 2013.pdf SSTA 4/9/2013 9:00:00 AM
SB 64
SB 64 - Fiscal Note -DOC-OC-03-31-13.pdf SSTA 4/9/2013 9:00:00 AM
SB 64
SB 64 - Fiscal Note -DOA-PDA-3-29-13.pdf SSTA 4/9/2013 9:00:00 AM
SB 64
SB 64 - Fiscal Note -DOA-OPA-3-29-13.pdf SSTA 4/9/2013 9:00:00 AM
SB 64
SB 64 - Fiscal Note -DOA-DMV-3-29-13.pdf SSTA 4/9/2013 9:00:00 AM
SB 64
SB 64 - Carmen Gutierrez Testimony and Talking Points.pdf SSTA 4/9/2013 9:00:00 AM
SB 64
SB 73 Sponsor Statement.pdf SSTA 4/9/2013 9:00:00 AM
SB 73
SB 73 - CS 28-LS0631C.pdf SSTA 4/9/2013 9:00:00 AM
SB 73
SB 73 CRA CS.pdf SSTA 4/9/2013 9:00:00 AM
SB 73
SB 73 CS Changes.pdf SSTA 4/9/2013 9:00:00 AM
SB 73
SB 73 CS Changes.pdf SSTA 4/9/2013 9:00:00 AM
SB 73
SB 73 - AG Answers.pdf SSTA 4/9/2013 9:00:00 AM
SB 73
SB 73 - Sponsor Response to Committee Questions.pdf SSTA 4/9/2013 9:00:00 AM
SB 73
SB 64 - AJC Fiscal Note 3 4 13.pdf SSTA 4/9/2013 9:00:00 AM
SB 64
HB 130 - Sponsor Statement.pdf SSTA 4/9/2013 9:00:00 AM
HB 130
HB 130 - Version A.pdf SSTA 4/9/2013 9:00:00 AM
HB 130
HB 130 - Fiscal Note 1-2-032013-ADM-N.pdf SSTA 4/9/2013 9:00:00 AM
HB 130
HB 130 - Fisal Note 2-2-032013-LEG-N.pdf SSTA 4/9/2013 9:00:00 AM
HB 130
HB 130 - Support letter.pdf SSTA 4/9/2013 9:00:00 AM
HB 130
HB 130 - Hammond timeline.pdf SSTA 4/9/2013 9:00:00 AM
HB 130
HB 130 - Letter from Representative Hugh Malone regarding the passage of the Permanent Fund Dividend program legislation.pdf SSTA 4/9/2013 9:00:00 AM
HB 130
SB 73 - ACLU Letter.pdf SSTA 4/9/2013 9:00:00 AM
SB 73