Legislature(2015 - 2016)BUTROVICH 205

04/02/2015 09:00 AM STATE AFFAIRS

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                    ALASKA STATE LEGISLATURE                                                                                  
            SENATE STATE AFFAIRS STANDING COMMITTEE                                                                           
                         April 2, 2015                                                                                          
                           9:07 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                                                                                                            
SENATE BILL NO. 91                                                                                                              
"An Act relating to protective  orders; relating to conditions of                                                               
release; relating  to prisoners;  relating to  the duties  of the                                                               
commissioner  of corrections;  amending Rules  32 community  work                                                               
service;  relating to  credit toward  a sentence  of imprisonment                                                               
for and 35(b), Alaska Rules  of Criminal Procedure; and providing                                                               
for  an   effective  date."  certain  persons   under  electronic                                                               
monitoring;   relating   to   the   restoration   under   certain                                                               
circumstances  of an  administratively revoked  driver's license,                                                               
privilege to drive, or privilege  to obtain a license; allowing a                                                               
reduction  of  penalties  for offenders  successfully  completing                                                               
court-ordered  treatment   programs  for  persons   convicted  of                                                               
driving  under  the  influence;  relating  to  termination  of  a                                                               
revocation of  a driver's license;  relating to restoration  of a                                                               
driver's  license;  relating  to  credits toward  a  sentence  of                                                               
imprisonment,  to  good time  deductions,  and  to providing  for                                                               
earned  good  time  deductions for  prisoners;  relating  to  the                                                               
disqualification  of persons  convicted  of  certain felony  drug                                                               
offenses  from  participation in  the  food  stamp and  temporary                                                               
assistance   programs;  relating   to   probation;  relating   to                                                               
mitigating factors; relating to treatment programs for                                                                          
     - HEARD & HELD                                                                                                             
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 1                                                                                        
"An  Act  prohibiting  smoking in  certain  places;  relating  to                                                               
education  on  the  smoking prohibition;  and  providing  for  an                                                               
effective date."                                                                                                                
     - HEARD & HELD                                                                                                             
SENATE BILL NO. 74                                                                                                              
"AN  ACT RELATING  TO  PERMANENT FUND  DIVIDENDS;  RELATING TO  A                                                               
MEDICAL  ASSISTANCE  REFORM   PROGRAM;  ESTABLISHING  A  PERSONAL                                                               
HEALTH   SAVINGS   ACCOUNT   PROGRAM   FOR   MEDICAL   ASSISTANCE                                                               
RECIPIENTS; RELATING  TO THE DUTIES  OF THE DEPARTMENT  OF HEALTH                                                               
AND    SOCIAL   SERVICES;    ESTABLISHING   MEDICAL    ASSISTANCE                                                               
DEMONSTRATION  PROJECTS;   AND  RELATING   TO  A  STUDY   BY  THE                                                               
DEPARTMENT OF HEALTH AND SOCIAL SERVICES."                                                                                      
     - SCHEDULED BUT NOT HEARD                                                                                                  
SENATE BILL NO. 58                                                                                                              
"An  Act relating  to  workers'  compensation and  transportation                                                               
network companies; and providing for an effective date."                                                                        
     - SCHEDULED BUT NOT HEARD                                                                                                  
PREVIOUS COMMITTEE ACTION                                                                                                     
BILL: SB 91                                                                                                                   
SHORT TITLE: CRIMINAL LAW/PROCEDURE; DRIV LIC; PUB AID                                                                          
SPONSOR(s): SENATOR(s) COGHILL                                                                                                  
03/25/15       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/25/15       (S)       STA, JUD, FIN                                                                                          
04/02/15       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
BILL: SB 1                                                                                                                    
SHORT TITLE: REGULATION OF SMOKING                                                                                              
SPONSOR(s): SENATOR(s) MICCICHE                                                                                                 
01/21/15       (S)       PREFILE RELEASED 1/9/15                                                                                
01/21/15       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/21/15       (S)       HSS, STA, FIN                                                                                          
01/30/15       (S)       SPONSOR SUBSTITUTE INTRODUCED-REFERRALS                                                                
01/30/15       (S)       HSS, STA, FIN                                                                                          
02/11/15       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
02/11/15       (S)       Heard & Held                                                                                           
02/11/15       (S)       MINUTE (HSS)                                                                                           
03/11/15       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
03/11/15       (S)       Moved CSSSSB 1(HSS) Out of Committee                                                                   
03/11/15       (S)       MINUTE (HSS)                                                                                           
03/13/15       (S)       HSS RPT CS 2DP 3NR SAME TITLE                                                                          
03/13/15       (S)       DP: GIESSEL, ELLIS                                                                                     
03/13/15       (S)       NR: STEDMAN, KELLY, STOLTZE                                                                            
04/02/15       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
WITNESS REGISTER                                                                                                              
JORDAN SHILLING, Staff                                                                                                          
Senator John Coghill                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Provided an overview for SB 91.                                                                           
RONALD TAYLOR, Commissioner                                                                                                     
Alaska Department of Corrections                                                                                                
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Addressed the impact SB 91 will have on the                                                               
Department of Corrections.                                                                                                      
SENATOR PETER MICCICHE                                                                                                          
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Sponsor of SB 1.                                                                                          
CHUCK KOPP, Staff                                                                                                               
Senator Peter Micciche                                                                                                          
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Provided an overview of SB 1.                                                                             
DR. JAY BUTLER, MD, Chief Medical Officer/Director                                                                              
Department of Health and Social Services                                                                                        
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Provided information on the negative health                                                               
effects from smoking.                                                                                                           
JOE DARNELL, Investigator                                                                                                       
Tobacco Youth Education & Enforcement Program                                                                                   
Division of Behavioral Health                                                                                                   
Alaska Department of Health and Social Services                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Explained smoking regulations enforcement.                                                                
DR. ROBERT URATA, MD, volunteer                                                                                                 
American Heart Association                                                                                                      
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Supports SB 1.                                                                                            
ACTION NARRATIVE                                                                                                              
9:07:46 AM                                                                                                                    
CHAIR  BILL  STOLTZE called  the  Senate  State Affairs  Standing                                                             
Committee meeting  to order at 9:07  a.m. Present at the  call to                                                               
order were Senators McGuire, Coghill, and Chair Stoltze.                                                                        
CHAIR STOLTZE  reviewed the committee  agenda and noted  that the                                                               
Medicaid sustainability bill would be heard at a later meeting.                                                                 
        SB 91-CRIMINAL LAW/PROCEDURE; DRIV LIC; PUB AID                                                                     
9:09:00 AM                                                                                                                    
CHAIR STOLTZE announced the consideration of SB 91.                                                                             
SENATOR JOHN COGHILL, sponsor of  SB 91, revealed that during the                                                               
previous  year  he   had  worked  with  the   Senate  to  address                                                               
corrections  reform.  He  explained  that a  commission  was  put                                                               
together  to study  Alaska's  corrections  system and  sentencing                                                               
He noted that prior to working  in the Legislature, he had served                                                               
as a pastoral  worker and spent a  third of his time  either in a                                                               
halfway house or in a jail  dealing with people. He detailed that                                                               
his pastoral  work provided him  with an interesting view  to see                                                               
everything from people who made  mistakes and were trying to find                                                               
a way  to correct, to those  who were really good  conmen or were                                                               
just bad people.                                                                                                                
He disclosed that he has  paid close attention to corrections and                                                               
sentencing issues  during his time  on various committees  in the                                                               
Legislature. He noted  that he has served nearly all  of his time                                                               
on  judiciary committees  and has  been  responsible for  helping                                                               
create  laws  that  hold  people accountable  at  a  high  level;                                                               
however, he  became aware of  issues where felons were  being put                                                               
into prison without expectations for  change. He remarked that he                                                               
became a  magnet for corrections  and sentencing issues  after SB                                                               
64 passed  in 2014, a bill  that addressed reform. He  added that                                                               
he currently  knows more  about the  process of  enforcement, the                                                               
courts, and prison than he ever thought he would.                                                                               
9:11:18 AM                                                                                                                    
He asserted  that he  wants the  public to  be safe  through good                                                               
peacekeeping,  protection and  restitution for  victims, offender                                                               
productivity, and rehabilitation for  offenders. He remarked that                                                               
getting people who will change  into programs with some degree of                                                               
accountability is  his focus. He  revealed that  approximately 90                                                               
percent of  prisoners currently in  jail will be back  in society                                                               
in one form or another. He  said the question is whether released                                                               
prisoners  will reform  or  recidivate  as well  as  how to  keep                                                               
individuals accountable.                                                                                                        
He  said  the high  cost  of  building Goose  Creek  Correctional                                                               
Center made it  apparent to him that the state  would not be able                                                               
to  afford another  $250 million  prison  for a  good while,  but                                                               
noted  that the  prison population  continues to  grow. He  added                                                               
that the cost to annually  operate Goose Creek costs $50 million.                                                               
He asserted  that based  on inmate  population trends,  the state                                                               
will not be able to  hold people without building another prison,                                                               
a problem  that is coming very  fast. He asserted that  the state                                                               
does not  get to  deal with how  society changes  where offenders                                                               
show up at the door because  of enforcement issues, but the state                                                               
wants good enforcement.                                                                                                         
SENATOR  STOLTZE pointed  out that  Goose Creek  is an  operating                                                               
budget expense, specifically a lease-purchase  that is similar to                                                               
the Seward-model.                                                                                                               
SENATOR COGHILL  stated that SB 91  is a work in  progress and he                                                               
is very open  to discussion. He summarized that  the challenge is                                                               
trying to figure out how to  keep people from returning to prison                                                               
while keeping the public safe.                                                                                                  
9:14:47 AM                                                                                                                    
SENATOR WIELECHOWSKI joined the committee meeting.                                                                              
SENATOR COGHILL  explained that the nonviolent  prison population                                                               
includes  people   in  the   pretrial  and   probation  violation                                                               
categories. He  noted that the length  of stays has an  impact on                                                               
the prison  populations and the  intent is  to find ways  to turn                                                               
that around.                                                                                                                    
CHAIR STOLTZE asked  that Senator Coghill define  and specify the                                                               
types of people  identified as nonviolent so that  the public can                                                               
weigh in on the proposed policies.                                                                                              
SENATOR  COGHILL  replied that  he  is  initially addressing  the                                                               
nonviolent  population  in  different   categories  from  a  high                                                               
overview perspective.                                                                                                           
SENATOR  STOLTZE   pointed  out  that  legislators   have  to  be                                                               
sensitive  to  a  person  who has  been  burglarized  that  might                                                               
consider a certain level of violence  due to an invasion of one's                                                               
privacy.  He  noted  that Alaska's  Constitution  addresses  both                                                               
reform and victim's rights.                                                                                                     
SENATOR  COGHILL  agreed   that  a  balance  has   to  exist  for                                                               
nonviolent  people   who  have  violated  someone.   He  said  an                                                               
offender's payback  must be considered  if jail time is  the best                                                               
and  can  restitution  be  considered.   He  explained  that  his                                                               
presentation will give the committee  a high overview of the bill                                                               
polices and then get into some of the specifics.                                                                                
9:16:50 AM                                                                                                                    
SENATOR COGHILL  pointed out that electronic  monitoring is going                                                               
to  be one  area where  people  may be  held accountable  without                                                               
costly  jail  time.  He  noted  that  electronic  monitoring  may                                                               
include nonviolent  individuals who are in  pretrial for domestic                                                               
violence  that are  not married  or  cohabitating, parolees  with                                                               
good-time credit, or probationers.                                                                                              
SENATOR  COGHILL explained  that  SB 91  addresses policies  that                                                               
include:  administrative  sanctions,  probation  caps,  technical                                                               
violations,  good-time  on   parole,  protective  orders,  police                                                               
training  surcharge, community  work service,  increased judicial                                                               
discretion,  and driver's  licenses. He  detailed that  technical                                                               
violations are  situations where  a probationer  does not  get to                                                               
their meeting  on time  and good-time  is a  benefit earned  by a                                                               
person who does  their actions well in prison. He  noted that the                                                               
police training surcharge  was first put in in 1998  and the bill                                                               
looks  at   upping  the  charge.   He  explained   that  judicial                                                               
discretion was increased  in some places. He  admitted that there                                                               
is always  tension between the  legislative branch,  the judicial                                                               
branch, and  the Department of  Law on allowing judges  with more                                                               
discretion  even after  a  sentence  has been  handed  down or  a                                                               
bargain has been agreed upon.  He detailed that driver's licenses                                                               
addresses DMV revocations and other revocations.                                                                                
9:19:47 AM                                                                                                                    
CHAIR  STOLTZE added  that  administrative  revocations are  also                                                               
SENATOR  COGHILL answered  yes. He  detailed that  administrative                                                               
revocations do not always line  up authority-wise and SB 91 tries                                                               
to  address that.  He  explained that  limited  licenses are  for                                                               
individuals  who have  revoked  licenses. He  admitted that  some                                                               
people are  driving anyway  without impunity,  no accountability,                                                               
no insurance,  and people can  be hurt. He detailed  that limited                                                               
license allows  an individual to  drive under  certain conditions                                                               
with insurance and accountability.                                                                                              
He  stated that  earned-credit is  for the  nonviolent population                                                               
that addresses how  to provide an opportunity  for betterment. He                                                               
noted   that  the   Alaska   Criminal   Justice  Commission   and                                                               
legislators have  brought up people  coming out of jail  that are                                                               
forbidden in  Alaska to get food  stamps. He detailed that  SB 91                                                               
addresses the  policy question  whether punishment  should follow                                                               
an offender  out of jail  or should  an individual be  allowed to                                                               
receive  food  stamps during  their  reentry  program to  improve                                                               
their lot in life.                                                                                                              
9:21:02 AM                                                                                                                    
SENATOR HUGGINS joined the committee meeting.                                                                                   
SENATOR  MCGUIRE   noted  that  Senator   Coghill's  presentation                                                               
addresses  a  complex  area.  She  emphasized  that  the  factors                                                               
driving prison  growth include  the nonviolent  population, those                                                               
awaiting judgement  in the pretrial  population, increase  in the                                                               
average length  of stay, and  probation violations.  She revealed                                                               
that the Senate Judiciary Committee  repeatedly hears the factors                                                               
for  prison growth  and  cost increases.  She  asserted that  the                                                               
dollars spent  on increased  prison costs  could be  used towards                                                               
education funding,  infrastructure development in the  Arctic, or                                                               
all kinds of  things. She stated that  holding people accountable                                                               
is important,  but rethinking  how corrections  can be  done more                                                               
efficiently must also be considered.                                                                                            
SENATOR COGHILL  summarized that  there are so  many interlocking                                                               
pieces in SB  91. He reiterated that his intent  is to review the                                                               
policy calls being looked at and  then to review how the sections                                                               
interlink within the bill.                                                                                                      
9:23:28 AM                                                                                                                    
JORDAN  SHILLING,  Staff,  Senator  John  Coghill,  Alaska  State                                                               
Legislature,  Juneau, Alaska,  explained that  there are  two big                                                               
pieces   in   the   bill  that   deal   with   driving   reforms:                                                               
administrative license revocations and limited licenses.                                                                        
MR. SHILLING explained that  administrative license revocation is                                                               
something  that  occurs  pretty   quickly  after  someone  either                                                               
refuses a  breath test  or produces a  breathalyzer test  of 0.08                                                               
blood alcohol  content or  greater. He  detailed that  for public                                                               
safety reasons, revocation is done  right away. He specified that                                                               
driving under the influence (DUI) is  a 90 day revocation for the                                                               
first  offense, 1  year for  the second  offense, and  a lifetime                                                               
revocation  for the  third  offense  with a  10  year period.  He                                                               
revealed that what can happen  with administrative revocations is                                                               
a person does  not get their driver's license back  if their case                                                               
is  dismissed or  the person  is found  not guilty.  He specified                                                               
that if  a person is acquitted  or their case has  been dismissed                                                               
with prejudice, the administrative  revocation is synched up with                                                               
the court  revocation to allow  the person to get  their driver's                                                               
license back.                                                                                                                   
He  explained  that  the  limited license  portion  of  the  bill                                                               
addresses  a  felony  DUI  situation where  a  person  has  their                                                               
license revoked for life. He said  there is a thought from people                                                               
in the criminal justice community  that people do not simply quit                                                               
driving when their license has  been taken away. He detailed that                                                               
in an effort  to steer people with revocations  towards a limited                                                               
license if  their vehicle has mandatory  interlock, a requirement                                                               
to  have  insurance,  and participation  in  the  Alcohol  Safety                                                               
Action Program (ASAP)  with 24/7 sobriety. He  said an individual                                                               
would  be extended  a limited  license if  they jump  through the                                                               
noted hoops and drive safely on the road.                                                                                       
9:26:04 AM                                                                                                                    
MR. SHILLING addressed the pretrial  population and revealed that                                                               
40  percent of  the  state's prison  population  is pretrial.  He                                                               
specified that  the pretrial population  consists of  people that                                                               
have not  been found guilty  yet, but the  group is one  of DOC's                                                               
biggest  cost drivers;  some are  going to  be found  not guilty,                                                               
some are  going to have  their cases dismissed, but  those people                                                               
already cost  the state  money before  decisions are  reached. He                                                               
specified  that  the bill  creates  an  ability  for a  judge  to                                                               
determine if someone  can be restricted to  home confinement with                                                               
GPS monitoring with possible  alcohol monitoring during pretrial.                                                               
He detailed  that if  a judge  deems home  confinement is  a safe                                                               
approach,  the individual  will get  credit for  time served.  He                                                               
revealed data from  a recent survey that  340 nonviolent pretrial                                                               
offenders in prison for drug  or property crimes were costing the                                                               
state $53,000 per day.                                                                                                          
CHAIR STOLTZE asked if all drug crimes are nonviolent.                                                                          
MR. SHILLING  replied that the  Alaska Department  of Corrections                                                               
(DOC) classifies drug offenders  as either nonviolent or violent.                                                               
He  agreed that  some  of the  crimes  technically classified  as                                                               
nonviolent are invasive and fall into some gray areas.                                                                          
CHAIR STOLTZE  commented that some  drug crimes are  pretty black                                                               
and white.                                                                                                                      
SENATOR  MCGUIRE revealed  that  she  had heard  a  claim in  the                                                               
Senate Judiciary Committee  that 90 percent of all  crimes in all                                                               
categories includes some  form of drug or alcohol  use. She asked                                                               
him  to verify  that the  pretrial population  identified by  Mr.                                                               
Shilling  specifically involve  drugs without  a crime  against a                                                               
9:29:46 AM                                                                                                                    
MR.  SHILLING answered  correct. He  specified that  many of  the                                                               
individuals are Class C felons for drug possession.                                                                             
SENATOR  COGHILL  added  that  the  judge's  discretion  for  the                                                               
pretrial  population   has  to  be  significant   where  bail  is                                                               
immediately set and either the person  is kept in jail or allowed                                                               
to be held accountable outside of jail.                                                                                         
CHAIR STOLTZE stated that he wants  to be careful. He pointed out                                                               
that a  drug bill from  the previous year had  falsely referenced                                                               
the disposition of an individual that fueled a lot of debate.                                                                   
SENATOR MCGUIRE  replied that she respects  what Chairman Stoltze                                                               
said. She  remarked that she has  watched the state go  in cycles                                                               
between  incarceration and  rehabilitative deterrent  models. She                                                               
said  Senator Coghill's  model  is  a good  one  that takes  into                                                               
account changing  policies, but does  not over react and  let the                                                               
"pendulum"  swing  too far.  She  asserted  that  no one  in  the                                                               
committee  would  envision  letting   somebody  in  the  pretrial                                                               
population out  that is a  violent offender with a  propensity to                                                               
hurt somebody.  She remarked that  the bill  addresses nonviolent                                                               
offenders who have  been divided into a  particular category. She                                                               
said the  conversation is worth  having whether or not  to expand                                                               
the  housing of  nonviolent  offenders  on electronic  monitoring                                                               
with a 24/7 sobriety program.                                                                                                   
9:32:41 AM                                                                                                                    
MR.  SHILLING  said there  are  two  other electronic  monitoring                                                               
reforms. He revealed  that offenders in prison  currently get one                                                               
third off of their sentence  for good behavior. He specified that                                                               
the bill would  extend good-time when DOC deems  an offender safe                                                               
enough to  release on electronic  monitoring. He said  the second                                                               
aspect addresses  domestic violence offenders. He  explained that                                                               
a statutory  prohibition exists  that does not  allow DOC  to put                                                               
any  domestic  violence  offender on  electronic  monitoring.  He                                                               
specified  that electronic  monitoring would  only be  considered                                                               
for non-intimate partner domestic  violence offenders and not for                                                               
intimate partner domestic violence offenders.                                                                                   
He revealed that  one of the main drivers for  the state's prison                                                               
population  are  the  nonviolent  offenders.  He  explained  that                                                               
prisons used to  be filled with a majority  of violent offenders.                                                               
Just  in  the  past  decade,  the  majority  are  now  nonviolent                                                               
offenders. He  said the bill  encourages nonviolent  offenders to                                                               
seek and complete  treatment while in prison with a  goal for the                                                               
individual to not recidivate. He  noted that Alaska has the third                                                               
highest recidivism  rate in  the U.S.  where two  thirds reoffend                                                               
within  three  years. He  revealed  that  DOC has  reported  that                                                               
nonviolent  offenders  who  complete treatment  while  in  prison                                                               
reduce their likelihood to reoffend by 21 percent.                                                                              
MR.  SHILLING  detailed  that  DOC   has  a  range  of  treatment                                                               
programs,  including:  Life  Success  Substance  Abuse  Treatment                                                               
(LSSAT)  and Residential  Substance  Abuse  Treatment (RSAT).  He                                                               
specified that  LSSAT is an  outpatient program that  takes about                                                               
six months  to complete,  RSAT is a  more intensive  program that                                                               
takes about  a year  to complete. He  revealed that  according to                                                               
DOC, 80  percent of its prison  population has a drug  or alcohol                                                               
He concurred with Senator McGuire that  drug and alcohol use is a                                                               
nexus to  many crimes. He  noted that public defenders  have said                                                               
that 90  to 95  percent of their  clients committed  their crimes                                                               
while under the influence of  some substance. He revealed that 32                                                               
states have some  form of earned credit, either  for probation or                                                               
in a facility, when an  individual completes a treatment program.                                                               
He pointed out  that prisoners are currently  given good-time for                                                               
doing virtually  nothing where  two thirds  of their  sentence is                                                               
taken  off in  a  block  up front.  He  specified  that the  bill                                                               
proposes that  credit will  only be applied  if an  offender does                                                               
something  of   merit,  like   pass  their   General  Educational                                                               
Development (GED) exam.                                                                                                         
9:36:13 AM                                                                                                                    
He said the  same logic of the earned credit  would be applied to                                                               
probation  and parole  reforms where  month  to month  compliance                                                               
would result in  credit off of probation  sentences. He explained                                                               
that probation  officer (PO) caseloads  are extremely  high where                                                               
each PO  averages 84 probationers.  He added that  caseloads have                                                               
increased 36  percent over  the last 10  years. He  asserted that                                                               
establishing  earned  credits  would  allow  limited  supervision                                                               
resources  to  be  focused  on high  risk  offenders  while  also                                                               
encouraging probationers to comply  with their terms. He detailed                                                               
that  eligibility for  credit would  include meeting  obligations                                                               
such as  victim restitution.  He added that  a cap  for technical                                                               
violations on  jail terms was  also created. He revealed  that 20                                                               
percent  of   DOC's  prison  population   is  due   to  probation                                                               
violations  where new  crimes  are not  committed,  but terms  of                                                               
conditions are violated.                                                                                                        
CHAIR  STOLTZE  asked  if  the  violations  are  for  infractions                                                               
outside of incarceration.                                                                                                       
MR. SHILLING answered yes.                                                                                                      
CHAIR STOLTZE asked that the  committee have discussions with DOC                                                               
employees as well.                                                                                                              
9:38:18 AM                                                                                                                    
MR. SHILLING  declared that the bill's  proposes to put a  cap on                                                               
the amount  of time someone  can spend  in prison on  a technical                                                               
violation.  He  noted  that  many  states  have  placed  caps  on                                                               
technical violations, some with 90 days.                                                                                        
CHAIR STOLTZE asked  if technical violation would apply  to a sex                                                               
offender who does not stay away from a playground.                                                                              
MR.  SHILLING  answered that  not  all  technical violations  are                                                               
equal, some are much worse than others.                                                                                         
CHAIR STOLTZE  replied that his  instincts were correct  where he                                                               
should be concerned.                                                                                                            
MR. SHILLING specified that a  technical violation for missing an                                                               
appointment  is  one  thing,  but violating  the  terms  for  sex                                                               
offender treatment is obviously much worse.                                                                                     
CHAIR  STOLTZE  opined that  skipping  class  and hanging  around                                                               
grade schools would be worse.                                                                                                   
MR.  SHILLING  explained that  SB  91  proposes to  do  something                                                               
similar to  technical violations  were minimums and  maximums are                                                               
placed on a  number of crimes; example, burglary would  be 3 to 7                                                               
years. He  added that  the bill also  creates an  alternative for                                                               
DOC's  administrative  sanctions  where  a  PO  would  have  more                                                               
discretion to  swiftly punish an  individual other  than strictly                                                               
petitioning to revoke probation and remanding back to prison.                                                                   
9:40:47 AM                                                                                                                    
SENATOR  MCGUIRE asked  if there  is  anything in  the bill  that                                                               
expands the 24/7  Sobriety Program to give  judges the discretion                                                               
to  use  the  program  for   probation  violations  that  involve                                                               
alcohol.  She  revealed  that approximately  6,000  Alaskans  are                                                               
participating  in the  24/7 Sobriety  Program. She  detailed that                                                               
participants  blow  into  a  breathalyzer twice  a  day  and  the                                                               
program has successfully turned  people's lives around. She noted                                                               
that there  have only  been 3  violations in  the last  couple of                                                               
months  out of  6,000 participants.  She detailed  that the  24/7                                                               
Sobriety Program is  used in pretrial as  a sentencing mitigator.                                                               
She  agreed with  Chairman Stoltze  that  a violation  for a  sex                                                               
offender  is a  totally  separate  issue; however,  consideration                                                               
should be given  for allowing judges to extend  the 24/7 Sobriety                                                               
Program to those  on probation with an  underlying addiction. She                                                               
detailed that violators  could be extended the  opportunity to go                                                               
into the 24/7  Sobriety Program as opposed to going  back to jail                                                               
for 90 day at $150 per day.                                                                                                     
CHAIR STOLTZE  opined that most  second time offenders  have used                                                               
treatment options as a ploy.                                                                                                    
SENATOR  MCGUIRE  replied  that  her understanding  is  the  24/7                                                               
Sobriety Program  has not  been used  in the  probation violation                                                               
MR. SHILLING  explained that  SB 64  created the  successful 24/7                                                               
Sobriety Program.  He disclosed that  judges have the  ability to                                                               
apply the program  as a bail or probation condition.  He said the                                                               
court system  does not frequently  use the 24/7  Sobriety Program                                                               
for probation.  He surmised that  Senator McGuire may  be talking                                                               
about a  diversion program that  allows POs to send  someone into                                                               
the 24/7  Sobriety Program  for a  violation. He  said he  is not                                                               
sure  if POs  have  the authority  to send  someone  into a  24/7                                                               
Sobriety  Program  and  noted the  probability  for  due  process                                                               
9:44:27 AM                                                                                                                    
He  explained that  due to  comprehensive welfare  reform in  the                                                               
mid-90s, assistance was not allowed  for individuals convicted of                                                               
felony  drug  charges.  He  added  that  prisoners  are  released                                                               
without  identification and  some individuals  need to  support a                                                               
family.  He explained  that SB  91 purposes  to provide  a bridge                                                               
while  a released  inmate finds  a job  by providing  food to  an                                                               
individual  and their  family rather  than having  the individual                                                               
fall  back into  criminal activity  as a  way to  make money.  He                                                               
added that  a second component  tasks DOC to establish  a reentry                                                               
program that  a prisoner would  participate in 90  days preceding                                                               
their  release.   He  detailed  that  prisoners   would  address:                                                               
community  resources, reentry  planning, probation  overview, and                                                               
how to get a photo ID.  He added that future consideration may be                                                               
given  to requiring  DOC  to provide  an ID  when  a prisoner  is                                                               
He summarized  that SB 91  expands a mitigating factor  for those                                                               
who  complete treatment,  reforms  community  work service  where                                                               
conversion  into jail  time  is  not allowed  if  service is  not                                                               
completed,  makes   a  small  change  to   the  protective  order                                                               
statutes, and increases the police training surcharge.                                                                          
CHAIR STOLTZE  noted that the  sponsor has  worked with a  lot of                                                               
stakeholders  that  are  trying   to  do  some  unprovoked  good,                                                               
including national organizations like  the Pew Charitable Trusts.                                                               
CHAIR  STOLTZE   revealed  that   the  fastest   growing  website                                                               
originating in his and Senator  Huggins' districts is Stop Valley                                                               
Thieves,  a website  with over  6,000  participants. He  asserted                                                               
that  an  under represented  point  of  view in  the  legislative                                                               
process is  the person that  stays away from the  criminal system                                                               
and only encounters it on the victim end.                                                                                       
9:47:46 AM                                                                                                                    
SENATOR  HUGGINS  asked  if Mr.  Shilling  knew  the  statistical                                                               
gender breakdown for DOC inmates.                                                                                               
MR.  SHILLING answered  no. He  said DOC  keeps offender  profile                                                               
data. He  stated that the  women's population is increasing  at a                                                               
quicker pace and added that  the Alaska native population is over                                                               
SENATOR  HUGGINS  opined  that  the  young  men  and  women  that                                                               
ultimately end up in prison can  be predicted with some degree of                                                               
confidence in middle school.                                                                                                    
CHAIR STOLTZE  pointed out that some  of the young men  and women                                                               
that  Senator Huggins  noted do  straighten  themselves out  too,                                                               
some through good sports programs.                                                                                              
9:49:33 AM                                                                                                                    
RONALD  TAYLOR, Commissioner,  Alaska Department  of Corrections,                                                               
Anchorage, Alaska,  noted that  he worked on  SB 64  with Senator                                                               
Coghill and Senator Ellis, a  complex bill that required everyone                                                               
to work  through the bill's nuances  to make sure the  end result                                                               
was something  that could be  supported and could continue  to be                                                               
supported. He said SB  91 was also a complex bill  that has to be                                                               
delved into.  He asserted that  DOC is committed to  working with                                                               
the  senators  and  their  staff.  He  said  concerns  raised  by                                                               
Chairman Stoltze  will be  taken into  account. He  declared that                                                               
category  definitions will  be  provided  to accurately  identify                                                               
which of those  are nonviolent versus violent. He  set forth that                                                               
DOC  will  work to  make  sure  that  the legislative  goals  are                                                               
accomplished, goals  that the  department believes  are positive.                                                               
He stated  that the department's  goal is to  do a better  job to                                                               
ensure that those  in DOC's custody or released  on probation and                                                               
parole  stay  in their  community  rather  than going  back  into                                                               
custody  for  minor technical  violations.  He  asserted that  he                                                               
wants to  make sure that  technical violations  are distinguished                                                               
from those that  are significant enough for  jail; however, there                                                               
are some that DOC believes should  not be in jail. He stated that                                                               
DOC can  do some  alternatives and  do a better  job tying  to an                                                               
individual's risk and need.                                                                                                     
COMMISSIONER TAYLOR  noted that  Mr. Shilling  said, "We  want to                                                               
punish." He asserted that the  wrong mindset is to have probation                                                               
officers  in a  mindset that  DOC needs  to punish.  He said  the                                                               
people who  need to do  the punishing  or give the  sentences are                                                               
the judges  and parole boards. He  declared that DOC's job  is to                                                               
give a  person a recommendation  on a  plan to be  successful and                                                               
not a plan of punishment.                                                                                                       
9:52:46 AM                                                                                                                    
CHAIR  STOLTZE   asked  if   Commissioner  Taylor   supports  any                                                               
administrative  changes while  people are  incarcerated, such  as                                                               
the power to take away good-time.                                                                                               
COMMISSIONER TAYLOR replied  that DOC currently has  the power to                                                               
take away good-time.                                                                                                            
CHAIR  STOLTZE asked  if DOC  should  be limited  in taking  away                                                               
good-time   or  should   good-time   remain   untouched  by   the                                                               
COMMISSIONER TAYLOR replied that he  does not think SB 91 targets                                                               
CHAIR STOLTZE specified that he is  asking a broad question if he                                                               
thinks that  good-time is an  important management tool  for DOC,                                                               
especially when the department is undermanned.                                                                                  
COMMISSIONER TAYLOR  answered that the administrative  tools that                                                               
DOC uses are important and  the department does not want anything                                                               
that takes away from that. He  stated that DOC wants to take full                                                               
advantage of  any additional  tools that  can be  utilized inside                                                               
its  institutions. He  pointed  out  that SB  91  focuses on  the                                                               
administrative  sanctions   when  persons  are  outside   of  the                                                               
institutions on probation and parole.                                                                                           
CHAIR STOLTZE said he would like  to make sure that DOC employees                                                               
and their  representatives address the committee.  He stated that                                                               
DOC employees know the inmates better than anybody can imagine.                                                                 
COMMISSIONER   TAYLOR   addressed   Senator   Huggins'   question                                                               
regarding  gender, he  revealed that  88 percent  of inmates  are                                                               
male, 12 percent female.                                                                                                        
He  summarized  that  DOC  looks  forward  to  working  with  the                                                               
Legislature on  SB 91 and taking  care of the concerns  that were                                                               
CHAIR  STOLTZE   admitted  that  the  Legislature   has  taken  a                                                               
piecemeal approach to corrections reform  and noted that he had a                                                               
discussion  on  another  piece   of  legislation  that  addressed                                                               
probation. He  said the committee  will have  Commissioner Taylor                                                               
back for further discussions.                                                                                                   
SENATOR HUGGINS  remarked that  prison is  really like  any other                                                               
society where  somebody is in  charge, sometimes it's  the guards                                                               
and sometimes it's the prisoners.  He said prisons have an ethnic                                                               
makeup  with regional  pieces,  power-brokering, contraband,  and                                                               
visitation issues. He  asked how the variables  that he described                                                               
affect the  profile of inmates.  He pointed  out that DOC  gets a                                                               
different  look  at inmates  inside  prison  where an  individual                                                               
shows  their   hand  whether  they   may  be  more   hardened  or                                                               
9:56:40 AM                                                                                                                    
COMMISSIONER  TAYLOR  responded  that Senator  Huggins  described                                                               
prisons quite  well. He  said DOC  deals with  a range  of issues                                                               
when  a  person is  brought  into  the  institution and  the  un-                                                               
sentenced population brings even  greater challenges. He said DOC                                                               
sort of knows  what to expect from the  sentenced population, but                                                               
the  un-sentenced population  comes  in  with many  unpredictable                                                               
variables. He detailed that DOC  has to determine the right place                                                               
to house a person and to make  sure not to place someone with the                                                               
wrong  people  where  rehabilitation  inside and  out  of  prison                                                               
becomes more difficult.                                                                                                         
CHAIR  STOLTZE  noted  his  skepticism,  but  conceded  that  the                                                               
Legislature will have  to figure a way to  do things differently.                                                               
He thanked Commissioner Taylor  and invited correctional officers                                                               
to attend a future meeting. He reiterated that he does not think                                                                
there is anybody in the system that knows what the Legislature                                                                  
is dealing with as well as the correctional officers.                                                                           
10:00:18 AM                                                                                                                   
CHAIR STOLTZE announced that he would hold SB 91 in committee.                                                                  
                   SB 1-REGULATION OF SMOKING                                                                               
10:00:31 AM                                                                                                                   
CHAIR STOLTZE announced the consideration of SB 1.                                                                              
10:00:53 AM                                                                                                                   
SENATOR  PETER   MICCICHE,  Alaska  State   Legislature,  Juneau,                                                               
Alaska,  Sponsor for  SB 1,  stated that  his hope  is that  with                                                               
everyone's help  that some lives can  be saved and less  spent on                                                               
healthcare.  He read  the following  sponsor  statement into  the                                                               
     SB  1 seeks  to  safeguard working  Alaskans and  their                                                                    
     children from the adverse  health effects of secondhand                                                                    
     smoke  by providing  a  statewide smoke-free  workplace                                                                    
     law  for businesses  and public  places. This  is about                                                                    
     protecting workers, this is not  an anti-smoker bill at                                                                    
     As  a  conservative  Alaskan,   I  actively  support  a                                                                    
     philosophy that works  to limit and reduce  the role of                                                                    
     government  in our  daily lives.  I  work towards  that                                                                    
     every  day  in  this  building, but  I  believe  Thomas                                                                    
     Jefferson got  it right when  he said,  "The legitimate                                                                    
     powers of  government extend to  such acts only  as are                                                                    
     injurious to others."                                                                                                      
     This case,  I believe  that both  the right  to breathe                                                                    
     smoke-free air  and the significant,  documented public                                                                    
     health risks of secondhand  smoke exposure compel us to                                                                    
     view the  protection of Alaska's labor  force and their                                                                    
     families     as     an     appropriate     governmental                                                                    
     responsibility. With the new  issues with marijuana Mr.                                                                    
     Chairman,  I   also  believe  this  bill   reduces  the                                                                    
     potential of  folks smoking marijuana at  the workplace                                                                    
     as  well. Similar  comparisons  include the  government                                                                    
     role  in establishing  speed  limits,  seat belt  laws,                                                                    
     motor  vehicle design  safety improvements,  electrical                                                                    
     codes,    pipeline    safety     laws,    and    agency                                                                    
     responsibilities.  There  are  places  in  our  society                                                                    
     where  regulation is  the right  thing to  do and  it's                                                                    
     largely why we  are here in this  building. As judicial                                                                    
     philosopher Zechariah  Chafee said  in the  Harvard Law                                                                    
     Review  in 1919,  "Your right  to swing  your arm  ends                                                                    
     just where  the other  man's nose begins;"  that's kind                                                                    
     of what  SB 1 is  about, it doesn't  preclude Alaskans'                                                                    
     right to smoke,  but it protects the  rights of working                                                                    
     Alaskans who choose not to smoke.                                                                                          
     This law  is much like the  law that is in  half of the                                                                    
     states  right  now.  Over half  of  the  population  of                                                                    
     Alaska  including those  in Bethel,  Anchorage, Juneau,                                                                    
     Barrow,   Dillingham,   Haines,  Skagway,   Petersburg,                                                                    
     Klawock,  Nome,  Unalaska,  and  Palmer  are  currently                                                                    
     living under  a similar  law. You  also can't  smoke in                                                                    
     healthcare  facilities, schools,  childcare facilities,                                                                    
     and  public  meeting  rooms  in  government  buildings.                                                                    
     These  laws are  well  established and  once they  have                                                                    
     been  on  the  books  there has  been  some  effort  to                                                                    
     reverse  them   and  not   once  have   those  reversal                                                                    
     processes been successful.  Communities, once they have                                                                    
     been   successful  learn   the   value  of   smoke-free                                                                    
     workplaces, they've kept them intact.                                                                                      
10:03:38 AM                                                                                                                   
     This applies a uniform  safeguard from secondhand smoke                                                                    
     for workers  in Alaska.  Why is a  conservative willing                                                                    
     to take  on this issue?  The reality  of it is  for me,                                                                    
     simply  to protect  the lives  of nonsmokers.  We think                                                                    
     about  the   staggering  health  costs   of  secondhand                                                                    
     exposure to tobacco products and  I'm not talking about                                                                    
     the  over half  million  Americans that  die from  lung                                                                    
     cancer that  do smoke, we  are talking about  the folks                                                                    
     that  choose  not to.  It's  a  critical public  health                                                                    
     issue in  my view and  when you think about  it, people                                                                    
     are now  talking about  expanding Medicaid,  people are                                                                    
     talking   about  us   taking  on   expanded  roles   of                                                                    
     healthcare in the state, this  is just an added expense                                                                    
     and it  hits the taxpayer  heavily. It kills  more than                                                                    
     41,000  adult non-smokers  from coronary  heart disease                                                                    
     and  lung cancer  each year.  For example,  it is  four                                                                    
     times the  number for DUI  fatalities each  year. While                                                                    
     our DUI laws are  rightfully stringent, our response to                                                                    
     stopping  an enormous  loss of  life due  to secondhand                                                                    
     smoke has been comparatively lax.                                                                                          
     I often  hold up  a photo  of my dad,  who I  lost last                                                                    
     year,  this bill  is  not about  my  father, my  father                                                                    
     chose to smoke,  that was his right. This  is about the                                                                    
     folks that are effected that  choose not to but have to                                                                    
     go  to work  every  day.  What this  bill  is about  is                                                                    
     essentially  asking smokers  to take  it outside.  More                                                                    
     than  860  Alaskan  businesses and  organizations,  and                                                                    
     many more  representing all regions  of the  state have                                                                    
     signed on to support this smoke-free workplace law.                                                                        
     We have  some opposition as  well, I believe we  have a                                                                    
     few hundred  opposition letters; virtually  100 percent                                                                    
     of those letters are asking  us to exclude vaping or e-                                                                    
     cigs from the bill.                                                                                                        
10:05:44 AM                                                                                                                   
     There are  very many well-meaning  governmental actions                                                                    
     that are simply not good  examples of the use of common                                                                    
     sense; one of  them is Positive Train  Control. For the                                                                    
     billions of dollars  it will cost to  do Positive Train                                                                    
     Control, it  will save about  three American  lives per                                                                    
     year  in the  U.S., that's  a government  added control                                                                    
     trying to  spend a lot  of money protecting  folks that                                                                    
     are not  at risk. In this  case we have the  number, we                                                                    
     have the overwhelming  evidence that at no  cost to our                                                                    
     government, and we can protect a lot of Alaskans.                                                                          
     I've  got  to say  out  of  respect  for you  and  your                                                                    
     committee that  we are listening. We  will be listening                                                                    
     to your  comments, we're open  to suggestions,  we want                                                                    
     this to  be the  best bill  it can be,  and we  want to                                                                    
     impact Alaska  businesses as little as  possible, so we                                                                    
     are open to reasonable exemptions.                                                                                         
     This bill  effects my core  belief in  the self-evident                                                                    
     truths  and the  Declaration  of  Independence and  its                                                                    
     desire to  conserve life and  protect liberty.  I think                                                                    
     forcing Alaskan  employees to  smoke on  the secondhand                                                                    
     aspect  is challenging  those rights.  The other  thing                                                                    
     that  I've  got  to  say  is  this  bill  is  purposely                                                                    
     designed not to  be heavy handed, it  doesn't come with                                                                    
     control,   it  comes   with  no   imposing  enforcement                                                                    
     actions, all this bill does  is it asks smokers to take                                                                    
     it outside  while they are  at work, it's  just respect                                                                    
     for their neighbor's right to breath clean air.                                                                            
     I'd like to reiterate again,  this bill is not about my                                                                    
     father, this  is not about  folks who choose  to smoke,                                                                    
     if  they choose  to  smoke, they  have  every right  to                                                                    
     continue  to do  that,  we  just ask  for  them to  not                                                                    
     affect the rights of their friends at work.                                                                                
10:07:42 AM                                                                                                                   
CHUCK KOPP,  Staff, Senator  Micciche, Alaska  State Legislature,                                                               
Juneau, Alaska,  noted that  the bill packets  contain a  copy of                                                               
the slide show  that is considered the "Take it  Outside Act." It                                                               
is from the Smoke Free Alaska website.                                                                                          
MR. KOPP read the following statement:                                                                                          
     SB 1 is  about healthier citizens and  spending less on                                                                    
     healthcare,  providing  a smoke-free  work  environment                                                                    
     for  workers in  Alaska and  a statewide  standard with                                                                    
     regard to secondhand smoke, it  puts all businesses and                                                                    
     workplaces in Alaska on a level playing field.                                                                             
     About half  of the population  in Alaska is  covered by                                                                    
     workplace law now.  In the members' packets  was a 2012                                                                    
     Dittman  Research  survey  that  shows  82  percent  of                                                                    
     Alaskans  support a  statewide,  smoke-free indoor  air                                                                    
     law  that includes  restaurants and  bars. You  see the                                                                    
     support  we  have  from across  the  state  from  every                                                                    
     members'  district, which  is consistent  with that  82                                                                    
     percent  polling. Also  in the  members'  packets is  a                                                                    
     documentation   from  the   Institute  of   Social  and                                                                    
     Economic  Research (ISER)  in  2014, and  a Journal  of                                                                    
     Cancer article in 2007 which  shows that smoke-free air                                                                    
     laws  do not  have  adverse  economic consequences  for                                                                    
     restaurants and bars subject to them.                                                                                      
     What does  SB 1  not do?  SB 1  does not  ban cigarette                                                                    
     smoking and it does not  ban e-cigarettes. What does SB                                                                    
     1 do? SB 1 provides  a statewide smoking prohibition in                                                                    
     enclosed  public  spaces,  public  transportations  and                                                                    
     facilities, places  of employment, government  owned or                                                                    
     operated places, buildings or  residences that are used                                                                    
     to provide  paid childcare, healthcare  facilities, the                                                                    
     Pioneer  Homes and  the  Veterans  Homes, and  vehicles                                                                    
     that are places of  employment with certain exceptions.                                                                    
     Included   are  school   grounds,   public  parks   for                                                                    
     children,  outdoor  arenas  sitting, and  areas  within                                                                    
     certain  distances from  entrances,  open windows,  and                                                                    
     air intake vents where smoking  is prohibited. The bill                                                                    
     requires   the  Commissioner   of  Health   and  Social                                                                    
     Services to  adopt regulations for  filing, processing,                                                                    
     and investigating reports of  violations of the smoking                                                                    
     prohibition,  which may  include filing  complaints and                                                                    
     issuing citations.                                                                                                         
     The  Department of  Health  and  Social Services  (HSS)                                                                    
     role   in    implementing   this    statewide   smoking                                                                    
     prohibition  is to  provide  education  and respond  to                                                                    
     complaints as  they come  forward. Under  the Anchorage                                                                    
     law, which  was enacted  in 2000  and updated  in 2007,                                                                    
     the  average number  of enforcement  actions a  year is                                                                    
     between 3 and  6. The bill allows  the HSS commissioner                                                                    
     to    delegate   to    other    agencies   any    other                                                                    
     responsibilities  to implement  the bill's  provisions.                                                                    
     The bill also  requires a person who is in  charge of a                                                                    
     place  where  smoking is  prohibited  to  post it  with                                                                    
     specific signs  saying that smoking is  not allowed and                                                                    
     it  requires the  HSS department  to  furnish signs  to                                                                    
     anyone who  had requested them. The  Division of Public                                                                    
     Health's Tobacco  Prevention and Control  Program would                                                                    
     be   responsible   for  developing   public   education                                                                    
     materials  regarding  the   new  requirements  and  for                                                                    
     educating business owners, grantees,  and the public on                                                                    
     the specifics of the law.                                                                                                  
10:11:01 AM                                                                                                                   
MR. KOPP addressed "2014 Surgeon General Report" and "Premature                                                                 
Deaths Caused by Smoking, 1965-2014" as follows:                                                                                
     Over  the last  50 years,  there have  been 31  Surgeon                                                                    
     General's   reports  that   have   utilized  the   best                                                                    
     available evidence  to expand our understanding  of the                                                                    
     health   consequences   of  smoking   and   involuntary                                                                    
     exposure  to  tobacco smoke.  We  have  heard of  these                                                                    
     staggering statistics  about the repercussions  of this                                                                    
     exposure and the recent data  indicates it is something                                                                    
     akin  to a  public  health emergency.  Just looking  at                                                                    
     smoking  related  incidents   all  together,  including                                                                    
     primary and secondhand exposure  for the last 50 years,                                                                    
     we  see there's  been  over 20  million American  lives                                                                    
     lost.  Looking   at  just   secondhand  smoke   in  two                                                                    
     categories: lung cancer and  heart disease, it's almost                                                                    
     3  million Americans.  Looking at  just the  numbers in                                                                    
     comparison  just  for  analysis,  there  have  been  20                                                                    
     million Americans die in that  period, 2.5 million were                                                                    
     non-smokers,   and  more   than  100,000   babies  were                                                                    
     impacted due to smoking  related issues with secondhand                                                                    
     smoke.  That's  a lot  of  people,  it's 68  times  the                                                                    
     combat deaths in  WWII and 30 times the  number of U.S.                                                                    
     deaths from the 1919 flu pandemic.                                                                                         
10:12:16 AM                                                                                                                   
He addressed "What We've Learned in 50 Years" as follows:                                                                       
     With  respect to  secondhand smoke,  we  know now  that                                                                    
     smoking and  passive smoking  causes disease  in nearly                                                                    
     every organ.  Exposure to secondhand smoke  is causally                                                                    
     linked  to   cancer,  respiratory   and  cardiovascular                                                                    
     diseases, and adverse effects on  the health of infants                                                                    
     and  children.  41,000  non-smokers  a  year  die  from                                                                    
     secondhand   smoke  according   to  the   U.S.  Surgeon                                                                    
     General's  report  in  2014, and  as  Senator  Micciche                                                                    
     said, this is  4 times the number of  DUI fatalities in                                                                    
     2013,   which  according   to   the  National   Highway                                                                    
     Transportation  Safety Association  was 10,046.  In our                                                                    
     50  year history  of progression  with our  response to                                                                    
     DUI as  a country, we  started off  with no jail  and a                                                                    
     0.15 breath alcohol  limit, lowered that to  a 0.10 and                                                                    
     started bringing  on jail  time, now we  are down  to a                                                                    
     0.08  with  mandatory 3  days  in  jail as  a  national                                                                    
     standard  in  all 50  states.  The  point here  is  the                                                                    
     response to  something that kills  at 4 times  the rate                                                                    
     is we think, more measured than that.                                                                                      
10:13:16 AM                                                                                                                   
MR. KOPP addressed "Health Consequences Causally Linked to                                                                      
Secondhand Smoke" as follows:                                                                                                   
     Stroke  is  more  recently  acknowledged  by  the  U.S.                                                                    
     Surgeon General as being  causally linked to secondhand                                                                    
     smoke with  about a  30 percent  increased risk  due to                                                                    
     secondhand smoke exposure. The  annual number of deaths                                                                    
     attributable  to  smoking  and exposure  to  secondhand                                                                    
     smoke is  now approaching 500,000 people.  The exposure                                                                    
     to secondhand smoke we now  know is more immediate than                                                                    
     thought, even  a decade  ago, as far  as its  impact to                                                                    
     the  cardiovascular system,  damage  to blood  vessels,                                                                    
     making blood  more likely to  clot, and  increasing the                                                                    
     risk  for heart  attack and  stroke. The  2006 and  the                                                                    
     2010 Surgeon General's report  both reported that there                                                                    
     is no safe level of secondhand exposure.                                                                                   
     Our  national cost  in 2006  was $5.6  billion in  lost                                                                    
     productivity  alone  due   to  exposure  to  secondhand                                                                    
     smoke. The  estimate from  the American  Cancer Society                                                                    
     for Alaska  is 60 deaths  and more than $1  million per                                                                    
     year.  The evidence  is sufficient  to  infer a  causal                                                                    
     relationship  between  the  implementation of  a  smoke                                                                    
     free  law  or a  policy  and  a reduction  in  coronary                                                                    
     events  among  people under  65  years  of age.  Doctor                                                                    
     Urata  with the  Juneau hospital  is here  to speak  to                                                                    
     In  conclusion,  this  is a  question  of  rights,  the                                                                    
     choice to  smoke versus  the need  to breathe.  A clean                                                                    
     indoor air  policy does not  prohibit smoking,  it only                                                                    
     requires  that those  who choose  to smoke  do so  in a                                                                    
     manner that does not threaten or harm others.                                                                              
10:15:06 AM                                                                                                                   
MR. KOPP addressed "What About E-cigarettes?" as follows:                                                                       
     There's  a lot  of discussion  about e-cigarettes.  The                                                                    
     science   is  still   maturing  with   respect  to   e-                                                                    
     cigarettes, there  are studies  that show  that because                                                                    
     of the  unregulated nature of the  market, depending on                                                                    
     the  tool that  is  being  used, that  you  can have  a                                                                    
     significant  amount   of  toxins,   ultra-fine  medical                                                                    
     particles,  volatile compounds,  and other  carcinogens                                                                    
     that become part of the  vaping or the aerosolized air.                                                                    
     The  biggest problem  is that  the U.S.  Food and  Drug                                                                    
     Administration  (FDA)  has  not assumed  regulation  of                                                                    
     them and  there are 470 different  brands. According to                                                                    
     Alaska state  law, it  is illegal to  sell or  give any                                                                    
     product containing  nicotine to  anyone under  19 years                                                                    
     old, and  because e-cigarettes retailers do  not need a                                                                    
     sales license  endorsement to sell their  products like                                                                    
     tobacco retailers,  there is  no program  of compliance                                                                    
     checks for youth sales in place for these retailers.                                                                       
10:16:06 AM                                                                                                                   
He addressed "Why Smoke-Free Workplaces?" as follows:                                                                           
     The  implantation of  comprehensive  clean indoor  laws                                                                    
     has been  shown to significantly reduce  heart attacks.                                                                    
     We  talked about  separating smokers  from non-smokers.                                                                    
     Air  clean technologies  and ventilation  systems, it's                                                                    
     very hard to  get those to remove  carcinogens from the                                                                    
     air, you  can sometimes get down  toward the detectable                                                                    
     smoke  is  not there,  but  they  are not  reliable  to                                                                    
     protect   public  health.   In  addition,   eliminating                                                                    
     exposure  of  secondhand  smokers to  secondhand  smoke                                                                    
     helps  reduce tobacco  use among  smokers. The  Surgeon                                                                    
     General's quote  is probably the  most relevant  on the                                                                    
     page, "The right  of smokers to smoke  ends where their                                                                    
     behavior effects the health and wellbeing of others."                                                                      
10:16:51 AM                                                                                                                   
He addressed "Smoke-free Laws in Alaska" as follows:                                                                            
     Half  of Alaska's  population is  protected by  a local                                                                    
     law  from secondhand  smoke at  work and  the remaining                                                                    
     part, largely  in the unorganized boroughs  or boroughs                                                                    
     that do not have healthcare  laws, are not affected. We                                                                    
     also  recently have  support from  the Kodiak  Borough,                                                                    
     and Bristol Bay Native  Corporation just signed on with                                                                    
     this bill, not the  smoke-free Alaska act, but actually                                                                    
     this bill.  82 percent of Alaskans  agree, according to                                                                    
     the Dittman 2012 survey, that  Alaska workers should be                                                                    
     protected  from  secondhand  smoke  in  the  workplace.                                                                    
     Support even  among smokers is strong  for a smoke-free                                                                    
     indoor  workplace laws  according to  Dittman. Alaska's                                                                    
     support  for  smoke-free   indoor  workplaces  is  high                                                                    
     throughout all regions of the state.                                                                                       
CHAIR STOLTZE  commented that  the bill's  concept is  simple and                                                               
there is  no reason to go  through a sectional analysis.  He said                                                               
he believes that  the committee understands the  politics and the                                                               
public  opinion. He  related that  C. Everett  Koop was  vilified                                                               
when he  was a nominee  for Surgeon  General because he  was pro-                                                               
life and deified when he was anti-tobacco.                                                                                      
10:18:40 AM                                                                                                                   
DR. JAY  BUTLER, MD,  Chief Medical  Officer/Director, Department                                                               
of Health and Social Services,  Anchorage, Alaska, stated that he                                                               
wants to provide  perspective of a physician as well  as a bit of                                                               
a baseline  skeptic and  touch briefly on  the health  effects of                                                               
secondhand  smoke, but  really focus  on the  health benefits  of                                                               
avoiding smoking environments.  He stated that he  would focus on                                                               
one outcome which is heart attacks, an outcome that is not junk-                                                                
science and not  an idea that is  based on a single  study in the                                                               
journal of irreproducible results.                                                                                              
DR. BUTLER detailed the link  between heart attacks and cigarette                                                               
smoke as follows:                                                                                                               
     There are  three lines of  evidence, two of  which have                                                                    
     already    been    touched   on.    There's    multiple                                                                    
     epidemiological studies  linking smoke exposure  to the                                                                    
     risk  of  heart attack;  we  also  understand how  this                                                                    
     works, the path  of physiology if you  will, this isn't                                                                    
     magic,  the platelets  become stickier,  the lining  of                                                                    
     the  vessels  in  the   heart  change  function  within                                                                    
     minutes  after tobacco  smoke exposure  for people  who                                                                    
     are non-smokers,  increasing the risk of  a clot, which                                                                    
     is what causes a heart attack.                                                                                             
     Finally,  I wanted  to really  emphasize the  fact that                                                                    
     taking  cigarette  smoke  outdoors has  been  found  in                                                                    
     numerous places  to reduce the  overall hospitalization                                                                    
     rates for  heart attacks  and in  places as  diverse as                                                                    
     Helena,  Montana; Saskatoon;  to the  entire nation  of                                                                    
     Scotland.  I also  wanted  to stress  that  in most  of                                                                    
     these places,  the enforcement is passive,  there's not                                                                    
     storm  troopers   sweeping  in  with  squirt   guns  to                                                                    
     extinguish  the stogies  the cigar  bars.  It is  worth                                                                    
     pointing  out though  that some  of  the very  earliest                                                                    
     evidence of the very  short term benefits of smoke-free                                                                    
     laws were observed among  barkeepers and tavern owners.                                                                    
     It's also worth noting that  in places where these laws                                                                    
     have  been  in  place  for a  number  of  years,  these                                                                    
     benefits have been sustained  and actually increased as                                                                    
     time passes.                                                                                                               
10:20:56 AM                                                                                                                   
DR. BUTLER explained the impact of cigarette smoke on children                                                                  
as follows:                                                                                                                     
     Secondhand smoke exposure has  been associated with the                                                                    
     sudden infant  death syndrome,  respiratory infections,                                                                    
     middle ear  infections, and asthma attacks  in kids; in                                                                    
     fact,  in  Scotland they  found  that  their trends  in                                                                    
     asthma  or hospitalizations  among  children which  had                                                                    
     been  increasing,  part  of a  global  trend,  actually                                                                    
     began to turn after  they passed their smoke-free laws.                                                                    
     It's also worth pointing  out that concerns that smoke-                                                                    
     free laws force  people to smoking indoors  at home has                                                                    
     not been  borne out,  in fact the  data has  shown that                                                                    
     using  Cotinine  in  urine as  a  marker  of  cigarette                                                                    
     exposure,  this marker  has  actually  gone down  among                                                                    
     children in areas where these laws have been enacted.                                                                      
     We   are  all   concerned  about   the  high   cost  of                                                                    
     healthcare. Avoiding  secondhand smoke helps  avoid the                                                                    
     cost of  illness associated with secondhand  smoke that                                                                    
     employers, government,  and all of the  "average Joes,"                                                                    
     with the exception of Joe Camel, have to bear.                                                                             
10:22:15 AM                                                                                                                   
SENATOR MCGUIRE  asked Dr. Butler to  comment about e-cigarettes.                                                               
She noted that  the bulk of complaints she  has received pertains                                                               
to the bill defining smoking  to include the use of e-cigarettes.                                                               
She revealed  that there have  been some pretty  personal e-mails                                                               
from folks in  her community where individuals at  one point were                                                               
addicted to smoking  nicotine through tobacco use  and have found                                                               
reprieve smoking e-cigarettes as a perceived health benefit.                                                                    
DR.  BUTLER replied  that  the  role of  e-cigarettes  as a  harm                                                               
reduction tool or even as a  tobacco cessation tool is an ongoing                                                               
He pointed out his concerns with e-cigarettes as follows:                                                                       
   · Aerosol exhaled from an e-cigarette is not always easy to                                                                  
     detect unless a person is very close.                                                                                      
   · E-cigarettes normalize smoking behaviors.                                                                                  
   · Using marijuana in an e-cigarette is virtually impossible                                                                  
     to differentiate.                                                                                                          
He reiterated that e-cigarettes are  not regulated by the FDA and                                                               
not  approved as  tobacco cessation  instruments.  He noted  that                                                               
nicotine replacement products already  exist. He revealed that he                                                               
has received  more than  a dozen  emails that  all cite  the same                                                               
study that  addresses contaminants and not  what is intentionally                                                               
in  the liquids.  He  said he  questions  the renormalization  of                                                               
smoking  where e-cigarettes  target  the junior  high school  age                                                               
group  with  flavors like  Candy  Crush,  Vanilla Dream,  Captain                                                               
Crunch, and  Mountain Dew.  He stated  that he  remains skeptical                                                               
and asserted  that e-cigarettes  should be  included in  the bill                                                               
for ease of enforcement.                                                                                                        
10:25:12 AM                                                                                                                   
JOE DARNELL, Investigator, Tobacco  Youth Education & Enforcement                                                               
Program,  Division of  Behavioral  Health,  Alaska Department  of                                                               
Health  and Social  Services, Anchorage,  Alaska, stated  that he                                                               
works on under  aged tobacco enforcement and  compliance. He said                                                               
enforcement  of  SB 1  will  be  done statewide  through  passive                                                               
enforcement with the use of a toll-free number and website.                                                                     
MR. DARNELL specified that an  initial complaint will result in a                                                               
letter to let  a business know that a complaint  was received. He                                                               
added that  educational information  about the bill  with details                                                               
on  health  effects will  be  sent  as  well.  He said  a  second                                                               
complaint will  result in a  more strongly worded letter  as well                                                               
as  a follow  up by  a local  coalition or  one of  the statewide                                                               
grantees. He stated that a third  complaint will lead to a follow                                                               
up  in-person. He  opined that  he  does not  anticipate a  third                                                               
complaint  situation. He  noted that  Anchorage has  never had  a                                                               
third complaint  and added that  a second letter has  rarely been                                                               
sent out.                                                                                                                       
10:26:52 AM                                                                                                                   
DR.  ROBERT URATA,  MD,  volunteer,  American Heart  Association,                                                               
Juneau, Alaska, revealed that he  was born and raised in Wrangle,                                                               
Alaska and that  he has practiced medicine in  Juneau since 1984.                                                               
He  noted  that  he  has   been  an  American  Heart  Association                                                               
volunteer for the past 15 years.  He stated that he supports SB 1                                                               
with the inclusion of e-cigarettes.                                                                                             
DR. URATA read the following statement:                                                                                         
     Every 34  seconds an American  dies of a  heart attack,                                                                    
     every 40 seconds  an American dies of  a stroke. Cancer                                                                    
     and cardiovascular  disease are the number  one and two                                                                    
     causes of death in  Alaska. Secondhand smoke kills over                                                                    
     100,000 Americans  every year and  it also costs  a lot                                                                    
     of money. This state may save  up to $5 million if this                                                                    
     law goes through. Smoke-free  working places are really                                                                    
     important  for  the health  of  this  country and  this                                                                    
     state. In Pueblo,  Colorado, smoke-free ordinance found                                                                    
     a 20 percent gain in  their combined bar and restaurant                                                                    
     sales tax  and a 27  percent decrease in  heart attacks                                                                    
     when they  compared a  year and a  half before  the law                                                                    
     and a  year and a  half after  the law; I  believe this                                                                    
     was  also  reproduced  in  Helena,  Montana  when  they                                                                    
     passed  their  clean air  law.  I  would also  wish  to                                                                    
     include   e-cigarettes   because  there   are   serious                                                                    
     questions  to their  safety. The  FDA  has found  known                                                                    
     toxins in  nicotine, but currently  there are  over 240                                                                    
     products and they are not all  tested, so it is hard to                                                                    
     know what's going  on there. The FDA  is still studying                                                                    
     this and my feeling is  this should be included because                                                                    
     what we do in medicine is  first, "do no harm;" I think                                                                    
     this  should be  included in  this bill  until we  have                                                                    
     more knowledge because harm could  be done. Imagine the                                                                    
     many  lives  saved  if   cigarettes  had  been  studied                                                                    
     properly before putting it on the market. On behalf of                                                                     
      the American Heart Association I urge you to support                                                                      
     this bill and thank you for your time.                                                                                     
10:29:58 AM                                                                                                                   
CHAIR STOLTZE announced that SB 1 will be held in committee.                                                                    
10:30:33 AM                                                                                                                   
There being no further business to come before the committee,                                                                   
Chair Stoltze adjourned the Senate State Affairs Standing                                                                       
Committee hearing at 10:30 a.m.                                                                                                 

Document Name Date/Time Subjects
SB1 Sponsor Statement (HSS version).pdf SSTA 4/2/2015 9:00:00 AM
SB 1
SB1 Sectional Analysis (HSS Version) provided by Sponsor.pdf SSTA 4/2/2015 9:00:00 AM
SB 1
SB1 Explanation of Changes from Initial to HSS version.pdf SSTA 4/2/2015 9:00:00 AM
SB 1
SB1 ver I - CS(HSS).pdf SSTA 4/2/2015 9:00:00 AM
SB 1
SB1 ver E - Initial Sponsor Substitute.pdf SSTA 4/2/2015 9:00:00 AM
SB 1
SB1 Fiscal Note #1 - DOT-MVO 2-6-15.pdf SSTA 4/2/2015 9:00:00 AM
SB 1
SB1 Fiscal Note #2 - DOT-IASO 2-6-15.PDF SSTA 4/2/2015 9:00:00 AM
SB 1
SB1 Fiscal Note #3 - DOT-SEF 2-6-15.pdf SSTA 4/2/2015 9:00:00 AM
SB 1
SB1 Fiscal Note #4 - DOT-TMS 2-6-15.pdf SSTA 4/2/2015 9:00:00 AM
SB 1
SB1 Fiscal Note #5 - DCCED-ABC 2-6-15.pdf SSTA 4/2/2015 9:00:00 AM
SB 1
SB1 Fiscal Note #6 - ACS-TRC 2-6-15.pdf SSTA 4/2/2015 9:00:00 AM
SB 1
SB1 Fiscal Note #7 - DHSS-CDPHP 2-6-15.pdf SSTA 4/2/2015 9:00:00 AM
SB 1
SB1 Fiscal Note #8 - DEC-FSS 3-6-15.pdf SSTA 4/2/2015 9:00:00 AM
SB 1
SB1 Sponsor Presentation for SSTA 4-2-15.pdf SSTA 4/2/2015 9:00:00 AM
SB 1
SB1 Supporting Documents - Research Source Docs - Sponsor.pdf SSTA 4/2/2015 9:00:00 AM
SB 1
SB1 Supporting Documents - E-Cigarettes - Sponsor.pdf SSTA 4/2/2015 9:00:00 AM
SB 1
SB1 Supporting Documents - Legal Opinions - Provided by Sponsor.pdf SSTA 4/2/2015 9:00:00 AM
SB 1
SB1 AS 44.29.020 Lethal Effects of Second Hand Smoke.pdf SSTA 4/2/2015 9:00:00 AM
SB 1
SB1 Supporting Documents - SoA Impacts.pdf SSTA 4/2/2015 9:00:00 AM
SB 1
SB1 Supporting Document - AK Public Opinion Poll by Dittman Research 2012.pdf SSTA 4/2/2015 9:00:00 AM
SB 1
SB1 Supporting Documents - News Coverage - Provided by Sponsor.pdf SSTA 4/2/2015 9:00:00 AM
SB 1
SB1 Supporting Documents - News Articles Secondhand Smoke and E-Cigs - Sponsor Provided.pdf SSTA 4/2/2015 9:00:00 AM
SB 1
SB1 Support Documents - Letters to the Editor (Jan-Mar) provided by Sponsor - 3-31-15.pdf SSTA 4/2/2015 9:00:00 AM
SB 1
SB1 Supporting Document - 2014 Surgeon General Report on Smoking Executive Summary.pdf SSTA 4/2/2015 9:00:00 AM
SB 1
SB1 Unique Letters of Support since referral to SSTA (3-13-15 to 3-31-15).pdf SSTA 4/2/2015 9:00:00 AM
SB 1
SB1 Form-Letters of Support since referral to SSTA (3-13-15 to 3-31-15).pdf SSTA 4/2/2015 9:00:00 AM
SB 1
SB1 Unique Letters of Opposition since referral to SSTA (3-13-15 to 3-31-15).pdf SSTA 4/2/2015 9:00:00 AM
SB 1
SB1 Form-Letters of Opposition since referral to SSTA (3-13-15 to 3-31-15).pdf SSTA 4/2/2015 9:00:00 AM
SB 1
BINDER #1 (SHSS) - SB 1 Letters of Support - Complete (LARGE FILE).pdf SSTA 4/2/2015 9:00:00 AM
SB 1
BINDER #2 (SHSS) - SB 1 Resolutions of Support - Complete (LARGE FILE).pdf SSTA 4/2/2015 9:00:00 AM
SB 1
BINDER #3 (SHSS) - SB 1 Letters of Opposition - Complete (LARGE FILE).pdf SSTA 4/2/2015 9:00:00 AM
SB 1
OUTDATED - SB 91 Sectional Analysis - Version H (Initial Version - WITHDRAWN) .pdf SSTA 4/2/2015 9:00:00 AM
SB 91
OUTDATED SB 91 Fiscal Note - DOA-DMV 3-27-15 (Version H).pdf SSTA 4/2/2015 9:00:00 AM
SB 91
OUTDATED SB 91 Fiscal Note - DOA-OPA 3-27-15 (Version H).pdf SSTA 4/2/2015 9:00:00 AM
SB 91
OUTDATED SB 91 Fiscal Note - DOA-PDA 3-27-15 (Version H).pdf SSTA 4/2/2015 9:00:00 AM
SB 91
OUTDATED SB 91 Fiscal Note - DOC-OC 3-31-15 (Version H).pdf SSTA 4/2/2015 9:00:00 AM
SB 91
OUTDATED SB 91 Fiscal Note - LAW-CRIM 3-27-15 (Version H).pdf SSTA 4/2/2015 9:00:00 AM
SB 91
OUTDATED SB 91 Presentation by Sponsor to SSTA 4-2-15 (Version H).pdf SSTA 4/2/2015 9:00:00 AM
SB 91
OUTDATED SB 91 Sponsor Statement - (Version H).pdf SSTA 4/2/2015 9:00:00 AM
SB 91
SB1 Memo Sumary of Public Opinion - Sponsor to HSS - 2-10-15.pdf SSTA 4/2/2015 9:00:00 AM
SB 1