Legislature(2021 - 2022)BUTROVICH 205

04/27/2021 03:30 PM STATE AFFAIRS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SJR 12 SOCIAL SECURITY BENEFIT REDUCTION REPEAL TELECONFERENCED
<Bill Hearing Canceled>
-- Invited & Public Testimony --
*+ SB 117 PROCUREMENT; CONSTRUCTION; CONTRACTS TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
+ SB 92 MISSING PERSONS UNDER 21 YEARS OLD TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
+ SB 91 DETENTION OF MINORS TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
                    ALASKA STATE LEGISLATURE                                                                                  
            SENATE STATE AFFAIRS STANDING COMMITTEE                                                                           
                         April 27, 2021                                                                                         
                           3:33 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Mike Shower, Chair                                                                                                      
Senator Roger Holland                                                                                                           
Senator Scott Kawasaki                                                                                                          
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Lora Reinbold, Vice Chair                                                                                               
Senator Mia Costello                                                                                                            
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 117                                                                                                             
"An Act relating to the state procurement code; establishing the                                                                
construction manager general contractor procurement method; and                                                                 
providing for an effective date."                                                                                               
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 91                                                                                                              
"An  Act   relating  to  the   duties  of  the   commissioner  of                                                               
corrections;  relating to  the detention  of minors;  relating to                                                               
minors  subject to  adult courts;  relating to  the placement  of                                                               
minors  in adult  correctional facilities;  and providing  for an                                                               
effective date."                                                                                                                
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 92                                                                                                              
"An Act relating to missing persons under 21 years of age."                                                                     
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
SENATE JOINT RESOLUTION NO. 12                                                                                                  
Urging the United States Congress to repeal the Windfall                                                                        
Elimination Provision and Government Pension Offset of the                                                                      
Social Security Act.                                                                                                            
                                                                                                                                
     - BILL HEARING CANCELED                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 117                                                                                                                  
SHORT TITLE: PROCUREMENT; CONSTRUCTION; CONTRACTS                                                                               
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
03/31/21       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/31/21       (S)       STA, TRA                                                                                               
04/27/21       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SB  91                                                                                                                  
SHORT TITLE: DETENTION OF MINORS                                                                                                
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
02/22/21       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/22/21       (S)       HSS, STA                                                                                               
03/09/21       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
03/09/21       (S)       Heard & Held                                                                                           
03/09/21       (S)       MINUTE(HSS)                                                                                            
04/06/21       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
04/06/21       (S)       Moved CSSB 91(HSS) Out of Committee                                                                    
04/06/21       (S)       MINUTE(HSS)                                                                                            
04/07/21       (S)       HSS RPT CS  2DP 1NR SAME TITLE                                                                         
04/07/21       (S)       DP: WILSON, BEGICH                                                                                     
04/07/21       (S)       NR: REINBOLD                                                                                           
04/27/21       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SB  92                                                                                                                  
SHORT TITLE: MISSING PERSONS UNDER 21 YEARS OLD                                                                                 
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
02/22/21       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/22/21       (S)       HSS, STA                                                                                               
03/23/21       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
03/23/21       (S)       Scheduled but Not Heard                                                                                
03/30/21       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
03/30/21       (S)       Heard & Held                                                                                           
03/30/21       (S)       MINUTE(HSS)                                                                                            
04/06/21       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
04/06/21       (S)       Moved SB 92 Out of Committee                                                                           
04/06/21       (S)       MINUTE(HSS)                                                                                            
04/07/21       (S)       HSS RPT 2DP 1NR                                                                                        
04/07/21       (S)       DP: WILSON, BEGICH                                                                                     
04/07/21       (S)       NR: REINBOLD                                                                                           
04/27/21       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
                                                                                                                                
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
MIKE LESMANN, Legislative Liaison                                                                                               
Department of Transportation and Public Facilities (DOT&PF)                                                                     
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Introduced SB 117 on behalf of the                                                                        
administration.                                                                                                                 
                                                                                                                                
MICHAEL LUND, Construction Engineer                                                                                             
Northern Region                                                                                                                 
Department of Transportation and Public Facilities (DOTPF)                                                                      
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT: Testified on SB 117 by invitation.                                                                        
                                                                                                                                
CHARLES MCKEE, representing self                                                                                                
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified off topic during the hearing on SB
117, and when asked said he supported the bill.                                                                                 
                                                                                                                                
ALICIA SIIRA                                                                                                                    
Associative General Contractors of Alaska                                                                                       
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 117.                                                                           
                                                                                                                                
SARAH LEFEBVRE, representing self                                                                                               
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT: Stated support for SB 117 with minor edits.                                                               
                                                                                                                                
TRACY DOMPELING, Director                                                                                                       
Division of Juvenile Justice                                                                                                    
Department of Health and Social Services (DHSS)                                                                                 
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of SB 91.                                                                            
                                                                                                                                
MATT DAVIDSON, Social Services Program Officer                                                                                  
Division of Juvenile Justice                                                                                                    
Department of Health & Social Services                                                                                          
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Presented the sectional analysis for SB 91.                                                               
                                                                                                                                
KATHRYN MONFREDA, Director                                                                                                      
Division of Statewide Services - CGIS Programs                                                                                  
Department of Public Safety                                                                                                     
Anchorage, Alaska                                                                                                               
POSITION   STATEMENT:  Presented   SB   92  on   behalf  of   the                                                             
administration.                                                                                                                 
                                                                                                                                
PAUL FUSSEY, Lieutenant                                                                                                         
Alaska State Troopers                                                                                                           
Department of Public Safety                                                                                                     
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Provided information and  answered questions                                                             
about SB 92.                                                                                                                    
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:33:58 PM                                                                                                                    
CHAIR  MIKE  SHOWER  called the  Senate  State  Affairs  Standing                                                             
Committee meeting to  order at 3:33 p.m.  Present  at the call to                                                               
order were  Senators Holland (via  Teams), Kawasaki  (via Teams),                                                               
and Chair Shower.                                                                                                               
                                                                                                                                
CHAIR  SHOWER reviewed  the remote  meeting protocols,  including                                                               
the roll call to show the  presence and location of the committee                                                               
members.                                                                                                                        
                                                                                                                                
Roll  call:  SENATOR KAWASAKI  Capitol  room  7, SENATOR  HOLLAND                                                               
Capitol  room  113,  and  CHAIR SHOWER  in  the  committee  room.                                                               
Several  minutes later,  SENATOR COSTELLO  reported that  she had                                                               
joined the meeting from Capitol room 119.                                                                                       
                                                                                                                                
CHAIR SHOWER stated that he wanted  to clear the record about the                                                               
allegation that it would have been  against the law to have moved                                                               
SB  39 from  committee  last Thursday  evening.  In response,  he                                                               
decided to hold  the bill and investigate.  The allegation proved                                                               
to be  incorrect; the  fiscal notes for  the original  version of                                                               
the  bill were  loaded into  the  record on  1/28/21. New  fiscal                                                               
notes will be  forthcoming, and his understanding is  that is not                                                               
unusual.  To the  comments  about  the lack  of  time to  review,                                                               
debate, and  amend the  bill, he  said the bill  has been  in the                                                               
committee's  possession for  almost three  months and  the latest                                                               
version has been available for  several weeks. He said there were                                                               
multiple  opportunities  to  amend  the bill  and  two  of  three                                                               
minority  amendments were  passed during  the Thursday  afternoon                                                               
meeting.  Furthermore,   this  is  not  the   only  committee  of                                                               
referral; he estimated  it will be heard in  five more committees                                                               
as it goes through the process.                                                                                                 
                                                                                                                                
          SB 117-PROCUREMENT; CONSTRUCTION; CONTRACTS                                                                       
                                                                                                                                
3:40:33 PM                                                                                                                    
CHAIR SHOWER announced  the consideration of SENATE  BILL NO. 117                                                               
"An Act relating to the  state procurement code; establishing the                                                               
construction manager  general contractor procurement  method; and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
He listed the invited testifiers.                                                                                               
                                                                                                                                
3:41:11 PM                                                                                                                    
MIKE LESMANN,  Legislative Liaison, Department  of Transportation                                                               
and Public  Facilities (DOT&PF), Juneau, Alaska,  stated that the                                                               
purpose of the  bill is to grant the department  the authority to                                                               
write  regulations for  the existing  process between  DOT&PF and                                                               
its contractors.  SB 117 seeks  to amend the  state's procurement                                                               
code  under  AS  36.30  by  codifying  the  department's  current                                                               
practice  of using  the construction  manager general  contractor                                                               
(CMGC) construction contracting method.                                                                                         
                                                                                                                                
MR. LESSMANN  explained that  the CMGC  contracting method  has a                                                               
two-phase  contract that  allows the  same contractor  to provide                                                               
construction  related services  during  both preconstruction  and                                                               
the construction  phase of  a project.  While the  existing state                                                               
procurement  law does  not  offer this  procurement  method as  a                                                               
specific option,  the department  has been  using CMGC  under the                                                               
innovative procurement guidelines in AS 36.30.308.                                                                              
                                                                                                                                
MR. LESSMANN  reported that CMGC  has been  used for the  last 15                                                               
years  in  Alaska  for  public  facility  projects,  federal  aid                                                               
highway and  bridge projects, and  new vessel  construction. This                                                               
contracting  method   is  recognized   in  the   Federal  Highway                                                               
Administration regulations  and is  a commonly  accepted practice                                                               
in the  construction industry. DOT&PF's  experience is  that CMGC                                                               
can  decrease contractor  change orders,  decrease administrative                                                               
delays,    and   leverage    resources   to    improve   Alaska's                                                               
infrastructure.                                                                                                                 
                                                                                                                                
MR. LESSMANN advised that should  this become law, the department                                                               
will  collaborate  with  stakeholders to  adopt  the  regulations                                                               
needed  to further  refine and  standardize the  CMGC contracting                                                               
method in Alaska.                                                                                                               
                                                                                                                                
3:45:27 PM                                                                                                                    
SENATOR  KAWASAKI  highlighted  that  the  fiscal  note  analysis                                                               
indicates  that the  CMCG contracting  method has  been used  for                                                               
just 20  projects over  the past  15 years. He  asked why  it had                                                               
been  used for  so few  projects and  how the  department expects                                                               
that to change should the bill pass.                                                                                            
                                                                                                                                
MR. LESMANN answered that it is  not right for every project, but                                                               
it  is a  tool for  the department  to use.  He deferred  further                                                               
comment  to   Mr.  Lund  who   has  experience  using   the  CMGC                                                               
contracting method.                                                                                                             
                                                                                                                                
3:46:58 PM                                                                                                                    
MIKE LUND, Construction Engineer,  Northern Region, Department of                                                               
Transportation and Public  Facilities (DOTPF), Fairbanks, Alaska,                                                               
explained  that  CMGC  is  a procurement  tool  that  involves  a                                                               
contractor, prior to  committing to costs, giving  input into the                                                               
phasing of  a project. This  is not  needed on all  projects that                                                               
are done on  a regular basis, but sometimes it  is to the state's                                                               
advantage and  the public interest  to do so. The  department has                                                               
been successful  in using CMGC  under the  innovative procurement                                                               
statute.                                                                                                                        
                                                                                                                                
CHAIR SHOWER asked for examples of projects that would use CMGC.                                                                
                                                                                                                                
MR. LUND  explained that this  method is generally used  for more                                                               
complex projects.  He cited University  Avenue in  Fairbanks that                                                               
involved  complex  phasing  and   staging  with  underground  and                                                               
overhead  utilities, and  the Kivalina  School  site access  road                                                               
that  involved  complex  logistics  to get  materials  and  heavy                                                               
equipment to rural Alaska. He said  it is heavily used and useful                                                               
in the vertical construction industry.  Using the CMGC process on                                                               
the UAF engineering building allowed  flexibility for the project                                                               
to  shut down  when  there were  fiscal  constraints and  restart                                                               
without contract closure and a lengthy claims process.                                                                          
                                                                                                                                
SENATOR  KAWASAKI  summarized  that DOT&PF  uses  the  innovative                                                               
procurement   code  to   get  a   construction  manager   general                                                               
contractor. He asked  why the CMGC method has not  been used more                                                               
frequently  since  it has  been  available  under the  innovative                                                               
procurement statute.                                                                                                            
                                                                                                                                
MR. LUND agreed with the  summary. Responding to the question, he                                                               
explained  that the  innovative  procurement statute  effectively                                                               
allows  the department  to use  CMGC  to partner  with the  local                                                               
contracting  community, but  it  is on  an ad  hoc  basis. It  is                                                               
difficult to  develop regulations  and adopt  overriding policies                                                               
without codifying the process.                                                                                                  
                                                                                                                                
SENATOR KAWASAKI asked how the department would select the best                                                                 
contractors.                                                                                                                    
                                                                                                                                
MR. LUND answered that while there is a price component to the                                                                  
process, the contractor is selected based on qualifications                                                                     
                                                                                                                                
CHAIR SHOWER asked for the sectional analysis.                                                                                  
                                                                                                                                
3:55:02 PM                                                                                                                    
MR. LESMANN paraphrased the following sectional analysis for SB
117 [original punctuation provided]:                                                                                            
                                                                                                                                
     Section  1.  AS 36.30.200(c)  is  amended  to add  CMGC                                                                  
     (Construction    Manager/General   Contractor).    This                                                                    
     section  ensures  that  the Department  only  uses  the                                                                    
     contracting   method   on   appropriate   projects   by                                                                    
     requiring that  the Commissioner of  Transportation and                                                                    
     Public  Facilities first  determine  that  doing so  is                                                                    
     advantageous to the State.                                                                                                 
                                                                                                                                
     Section  2.   AS  36.30.250  is  amended   to  add  the                                                                  
     Department may  exclude price criteria when  awarding a                                                                    
     preconstruction  services   contract  under   the  CMGC                                                                    
     contracting method.                                                                                                        
                                                                                                                                
     Section 3. AS 36.30 is amended  to add a new section AS                                                                  
     36.30.309. This  section is the operative  provision of                                                                    
     the  CMGC  bill.  It  identifies  the  CMGC  method  as                                                                    
     requiring  a  two-phase   contract:  one  contract  for                                                                    
     preconstruction services  and another  for construction                                                                    
     services.  The   Department  awards   the  construction                                                                    
     services  contract only  if the  parties  can reach  an                                                                    
     agreed price  for construction services for  a specific                                                                    
     project  scope  and  schedule. If  the  parties  cannot                                                                    
     reach  an agreed  price,  the  Department may  contract                                                                    
     with  another   contractor  for  construction   of  the                                                                    
     project using  any other  contracting method  under the                                                                    
     procurement code.                                                                                                          
                                                                                                                                
     Section  4.   AS  36.30.990  is  amended   to  add  the                                                                  
     definition for "preconstruction services".                                                                                 
                                                                                                                                
     Section   5.  Authorizes   the   Department  to   adopt                                                                  
     regulations that further implement the Act.                                                                                
                                                                                                                                
     Section 6. This section  specifies that Section 5 takes                                                                  
     effect immediately.                                                                                                        
                                                                                                                                
3:57:30 PM                                                                                                                    
CHAIR SHOWER  found no questions  and opened public  testimony on                                                               
SB 117.                                                                                                                         
                                                                                                                                
3:57:50 PM                                                                                                                    
CHARLES  MCKEE, representing  self, Anchorage,  Alaska, testified                                                               
off topic during the hearing on SB 117.                                                                                         
                                                                                                                                
CHAIR SHOWER asked if he supported or opposed SB 117.                                                                           
                                                                                                                                
MR. MCKEE  said he supported it  and then asked the  committee to                                                               
understand that there was no statute of limitations for slander.                                                                
                                                                                                                                
4:01:44 PM                                                                                                                    
ALICIA SIIRA,  Associative General  Contractors of  Alaska (AGC),                                                               
Anchorage, Alaska,  stated that  AGC supports  having CMGC  as an                                                               
alternative project delivery method for  DOT&PF. It has been used                                                               
in Alaska  for decades.  AGC believes  that CMGC  can be  a great                                                               
tool  when properly  used and  prepared. However,  it is  not the                                                               
only tool  and when it  is used there  should be ample  review to                                                               
ensure the best value for the  state. She offered her belief that                                                               
codifying  the   CMGC  procurement   process  will   benefit  the                                                               
construction  industry   and  the  state.  It   would  allow  the                                                               
department to  use the CMGC  process without having to  submit an                                                               
innovative  procurement request  to  multiple  agencies for  each                                                               
project. She  said SB  117 will  modernize, clarify,  and improve                                                               
the  state's  procurement  process  and  align  Alaska  with  the                                                               
majority of  other states.  It will  also allow  the construction                                                               
industry to  have a voice  in developing regulations,  which will                                                               
remedy concerns  about consistency in  the use of  CMGC projects.                                                               
She asked  that AGC be given  a seat at the  table throughout the                                                               
regulatory process.  She said  AGC looks  forward to  sharing the                                                               
list of best practices it has compiled.                                                                                         
                                                                                                                                
CHAIR SHOWER  asked if AGC would  like to see any  changes to the                                                               
bill.                                                                                                                           
                                                                                                                                
MS.  SIIRA  replied  they have  suggested  language  changes  but                                                               
nothing substantial.                                                                                                            
                                                                                                                                
CHAIR   SHOWER   suggested   she    send   the   suggestions   to                                                               
ssta@akleg.gov.                                                                                                                 
                                                                                                                                
4:05:04 PM                                                                                                                    
SARAH  LEFEBVRE,  representing  self, Fairbanks,  Alaska,  stated                                                               
that  she  has  worked  in the  construction  industry  in  civil                                                               
contracting for  23 years. She  agreed with Ms.  Sirra's comments                                                               
and said  the bill  will ensure  that CMGC  will be  applied more                                                               
consistently across  the three DOT  regions. She noted  that this                                                               
has  been  a  concern  to   the  contracting  community  on  past                                                               
projects. She referenced Senator  Kawasaki's question and offered                                                               
her experience  that each CMGC has  progressed in a silo  and the                                                               
lessons learned  have not necessarily been  applied in subsequent                                                               
projects  and procurements.  She offered  her belief  that having                                                               
the CMGC procurement  method in statute allows  the department to                                                               
establish   clear   regulations   and  eventually   implement   a                                                               
consistent CMGC  handbook. She said  that industry  partners look                                                               
forward  to participating  in this  process to  help improve  the                                                               
application of CMGC  in Alaska. She suggested that  the CARES Act                                                               
and  federal infrastructure  packages  offer  an opportunity  for                                                               
DOT&PF to  get future year  projects onto the street.  CMGC could                                                               
be a  valuable tool to fill  the gap left by  accelerated project                                                               
funding.  She said  she is  an ADC  member, and  her company  has                                                               
minor edits for the bill that  she would submit to this committee                                                               
and the  Transportation Committee. She  noted that the  edits had                                                               
been vetted by department staff.                                                                                                
                                                                                                                                
CHAIR SHOWER said he would appreciate receiving the documents.                                                                  
                                                                                                                                
4:07:43 PM                                                                                                                    
CHAIR SHOWER closed  public testimony on SB 117  and advised that                                                               
written comments would be accepted at ssta@akleg.gov.                                                                           
                                                                                                                                
4:08:21 PM                                                                                                                    
CHAIR SHOWER held SB 117 in committee.                                                                                          
                                                                                                                                
                   SB  91-DETENTION OF MINORS                                                                               
                                                                                                                                
4:08:29 PM                                                                                                                    
CHAIR SHOWER  announced the consideration  of SENATE BILL  NO. 91                                                               
"An  Act   relating  to  the   duties  of  the   commissioner  of                                                               
corrections;  relating to  the detention  of minors;  relating to                                                               
minors  subject to  adult courts;  relating to  the placement  of                                                               
minors  in adult  correctional facilities;  and providing  for an                                                               
effective date."                                                                                                                
                                                                                                                                
[CSSB   91(HSS),  work   order   32-GS1576\I,   was  before   the                                                               
committee.]                                                                                                                     
                                                                                                                                
He listed the individuals who were invited to testify.                                                                          
                                                                                                                                
4:09:03 PM                                                                                                                    
TRACY   DOMPELING,  Director,   Division  of   Juvenile  Justice,                                                               
Department of Health and Social  Services (DHSS), Juneau, Alaska,                                                               
stated  that SB  91 will  bring Alaska  into compliance  with the                                                               
recent   changes  to   the  Juvenile   Justice  and   Delinquency                                                               
Prevention   Act  (JJDPA),   which  was   enacted  in   1974  and                                                               
reauthorized in 2018.  She related that the JJDPA  is the primary                                                               
federal legislation  that guides  juvenile justice  practices and                                                               
lack of  compliance will  result in  penalties on  the division's                                                               
major federal grant.                                                                                                            
                                                                                                                                
MS. DOMPELING said  SB 91 makes two statutory  changes. First, it                                                               
requires  minors who  have been  waived into  the adult  criminal                                                               
justice system be  held in juvenile facilities until  age 18. The                                                               
bill  also   expands  the  court  findings   necessary  for  non-                                                               
delinquent minors  to be  held temporarily  in a  secure juvenile                                                               
facility. She  said the bill  intentionally has no effect  on the                                                               
crimes or sentences of minors who  are subject to waiver into the                                                               
adult  justice system,  nor will  the  bill have  any net  fiscal                                                               
impact.  The  Department of  Corrections  and  the Department  of                                                               
Health  and  Social  Services  will be  required  to  develop  an                                                               
agreement  about  holding  minors  in  DOC  custody  in  Juvenile                                                               
facilities.  She highlighted  that data  that DOC  provided today                                                               
identified six youth  under age 18 who are currently  held in DOC                                                               
facilities.                                                                                                                     
                                                                                                                                
MS.  DOMPELING advised  that  the second  change  deals with  the                                                               
limited  circumstances when  non-delinquent  minors  may be  held                                                               
temporarily  in   secure  Juvenile  facilities   pending  another                                                               
placement. These rare situations  generally involve minors in the                                                               
custody of the  Office of Children's Services (OCS)  who have run                                                               
away from placement and put  themselves in a dangerous situation.                                                               
In  this  circumstance,  OCS  seeks  a  court  finding  under  AS                                                               
47.10.141  that allows  the short  holding  pending placement  in                                                               
another  nonsecure  setting.  She  said  the  new  federal  JJDPA                                                               
expands the court  findings necessary before these  minors may be                                                               
detained  and it  further limits  the time  they may  be held  in                                                               
secure holding.  She advised  that during  the last  three fiscal                                                               
years, three juveniles  have been held in this  manner each year.                                                               
She said  the division  has received  positive feedback  from the                                                               
Court System and other stakeholders.                                                                                            
                                                                                                                                
SENATOR KAWASAKI  asked if a  minor who turns  18 while in  a DJJ                                                               
facility  would remain  in the  facility  or move  into an  adult                                                               
facility.                                                                                                                       
                                                                                                                                
MS. DOMPELING replied, this bill specifically applies to youth                                                                  
charged under the auto waiver statute who would move at age 18.                                                                 
                                                                                                                                
CHAIR SHOWER found no further questions and asked Mr. Davidson                                                                  
to present the sectional analysis.                                                                                              
                                                                                                                                
4:14:03 PM                                                                                                                    
MATT  DAVIDSON,  Social  Services Program  Officer,  Division  of                                                               
Juvenile  Justice,  Department  of   Health  &  Social  Services,                                                               
Juneau, Alaska, paraphrased the  following sectional analysis for                                                               
SB 91 [original punctuation provided].                                                                                          
                                                                                                                                
     Section   1:   Amends   AS   33.30.011(a)   Duties   of                                                                  
     commissioner to  expand the duties of  the Commissioner                                                                    
     of  the   Department  of  Corrections  to   enter  into                                                                    
     agreements  with the  Department of  Health and  Social                                                                    
     Services for the  detention and care of  minors who are                                                                    
     waived into the adult criminal justice system.                                                                             
                                                                                                                                
     Section 2:  Amends AS 47.10.141(c) Runaway  and missing                                                                  
     minors  to reference  a new  subsection  that adds  new                                                                    
     requirements  for  court  findings related  to  holding                                                                    
     non-delinquent minors in secure juvenile facilities.                                                                       
                                                                                                                                
     Section  3: Amends  AS  47.10.141  Runaway and  missing                                                                  
     minors  to add  a  new subsection  to include  expanded                                                                    
     requirements   for  court   findings   before  a   non-                                                                    
     delinquent  minor  can be  held  in  a secure  juvenile                                                                    
     facility.                                                                                                                  
                                                                                                                                
     Section 4:  Amends AS 47.12.020  Jurisdiction to  add a                                                                  
     new  subsection  related  to the  jurisdiction  of  the                                                                    
     Division  of Juvenile  Justice to  detain and  care for                                                                    
     minors under Department of Corrections custody.                                                                            
                                                                                                                                
     Section   5:   Amends   AS   47.12.022   Applicability;                                                                  
     inclusion  of   certain  persons  as  minors   to  make                                                                    
     conforming amendments to include  minors subject to the                                                                    
     adult court  processes in the definition  of "minor" in                                                                    
     delinquency statute.                                                                                                       
                                                                                                                                
     Section   6:   Amends    AS   47.12.030(a)   Provisions                                                                  
     inapplicable  to add  a reference  to the  "autowaiver"                                                                    
     statute, the new practice of  holding minors subject to                                                                    
     adult court  proceedings in secure  juvenile facilities                                                                    
     under AS 47.12.105. The section  also includes the term                                                                    
     "transported"  to the  adult  processes  that apply  to                                                                    
     waived minors to reflect current practices.                                                                                
                                                                                                                                
     Section   7:   Amends   AS   47.12.100(a)   Waiver   of                                                                  
     jurisdiction  to  add  a  reference  to  "discretionary                                                                    
     waiver"  statute the  new practice  of  the holding  of                                                                    
     minor  offenders  who are  subject  to  adult court  in                                                                    
     secure  juvenile  facilities  under AS  47.12.105.  The                                                                    
     section  also   includes  the   list  of   adult  court                                                                    
     practices that apply to these offenders.                                                                                   
                                                                                                                                
     Section 8:  Adds a new section  Minor offenders subject                                                                  
     to  adult court  to describe  the new  requirements for                                                                    
     holding  minor  who  are waived  into  adult  court  in                                                                    
     Division of  Juvenile Justice facilities until  age 18.                                                                    
     This section  also describes the  limited circumstances                                                                    
     and  court  process and  findings  that  may allow  for                                                                    
     minors to be held in adult facilities.                                                                                     
                                                                                                                                
MR.  DAVIDSON  advised  that  the  last  committee  added  a                                                                    
provision to  Section 8 that authorizes  the Public Defender                                                                    
Agency to represent  minors the department wants  to move to                                                                    
adult facilities.                                                                                                               
                                                                                                                                
     Section  9:  Amends   AS  47.12.150(a)  Legal  custody,                                                                  
     guardianship,   and   residual  parental   rights   and                                                                    
     responsibilities to make  conforming changes to clarify                                                                    
     that  minors  in  the  custody  of  the  Department  of                                                                    
     Corrections  detained in  Division of  Juvenile Justice                                                                    
     facilities are  subject to  the same  residual parental                                                                    
     rights as other minor offenders.                                                                                           
                                                                                                                                
     Section  10:   Amends  AS  47.12.160(e)   Retention  of                                                                  
     jurisdiction over  minor to make conforming  changes to                                                                    
     the dual sentencing provisions.                                                                                            
                                                                                                                                
     Section 11: Amends AS  47.12.240(a) Detention of minors                                                                  
     to make conforming changes.                                                                                                
                                                                                                                                
MR. DAVIDSON  noted that  the last  committee added  what is                                                                    
now Sections  10-15 to  clarify that  minors who  are waived                                                                    
into   the  adult   criminal  court   process  need   to  be                                                                    
transported in the same manner as delinquent minors.                                                                            
                                                                                                                                
     Section 12: Amends AS  47.12.240(c) Detention of minors                                                                  
     to clarify that a waived  minor may be held temporarily                                                                    
     in an  adult correctional facility during  transport to                                                                    
     a  juvenile  facility  under  the  same  standards  and                                                                    
     timelines that apply to a delinquent minor.                                                                                
                                                                                                                                
     Section 13: Amends AS  47.12.240(d) Detention of minors                                                                  
     to   change    the   statutory   reference    from   AS                                                                    
     47.12.240(c)(1) to AS 47.12.240(c).                                                                                        
                                                                                                                                
     Section 14: Amends AS  47.12.240(e) Detention of minors                                                                  
     to   change   two    statutory   references   from   AS                                                                    
     47.12.240(c)(1) to AS 47.12.240(c).                                                                                        
                                                                                                                                
     Section 15: Amends AS 47.12.240  Detention of minors to                                                                  
     change    the     statutory    reference     from    AS                                                                    
     47.12.240(c)(1)(B) to AS 47.12.240(c)(2).                                                                                
                                                                                                                                
     Section 16: Amends  AS 47.12.250(a) Temporary detention                                                                  
     and detention hearing to make conforming changes.                                                                          
                                                                                                                                
     Section  17: Amends  AS  47.12.250 Temporary  detention                                                                  
     and  detention  hearing,  adding  a  new  section  that                                                                    
     clarifies that  waived minors must be  transported to a                                                                    
     juvenile facility  by law enforcement  and may  only be                                                                    
     held  temporarily  in  an  adult  facility  during  the                                                                    
     transport under the conditions of AS 47.12.240(c).                                                                         
                                                                                                                                
     Section 18:  Amends AS  47.12.310(b) Agency  Records to                                                                  
     specifically  allow  information  sharing  between  the                                                                    
     Division  of Juvenile  Justice  and  the Department  of                                                                    
     Corrections about former  juvenile offenders and minors                                                                    
     in  DOC  custody  held in  secure  juvenile  facilities                                                                    
     until age 18. Section  19: Applicability clause applies                                                                    
     to minors  in Department  of Corrections custody  on or                                                                    
     after the effective date.                                                                                                  
                                                                                                                                
     Section  19:  Effective  Date Clause.  This  Act  takes                                                                  
     effect on July 1, 2021.                                                                                                    
                                                                                                                                
4:20:58 PM                                                                                                                    
SENATOR  COSTELLO  referenced  the  second sentence  in  the  new                                                               
subsection  (f)  of   Section  17  that  says  a   minor  may  be                                                               
temporarily held  in an adult facility  under certain conditions.                                                               
She asked for  the meaning of "temporarily held"  and whether the                                                               
minors  would  be  separated  by   sight  and  sound  from  adult                                                               
prisoners.                                                                                                                      
                                                                                                                                
MR.   DAVIDSON  explained   that  current   federal  law   allows                                                               
delinquent minors to  be held in adult facilities  with sight and                                                               
sound  separation  from adult  offenders  for  six hours  pending                                                               
transport to  a juvenile  facility. There  are rural  and weather                                                               
exceptions. SB 91 extends those protections to waived minors.                                                                   
                                                                                                                                
4:23:54 PM                                                                                                                    
SENATOR COSTELLO  asked what  kind of  information is  shared and                                                               
with whom,  and if this applies  to minors waived into  the adult                                                               
system.                                                                                                                         
                                                                                                                                
MR.  DAVIDSON answered  that  the expectation  is  that DJJ  will                                                               
provide care  to waived minors  in juvenile facilities  until age                                                               
18 at  which time they will  be transferred to the  Department of                                                               
Corrections  (DOC). DJJ  wants the  statutory authority  to share                                                               
with DOC  all the health  information and services that  has been                                                               
provided  to the  waived minor  because the  existing delinquency                                                               
statute  does not  cover this  new class  of DJJ  clients, waived                                                               
minors.                                                                                                                         
                                                                                                                                
CHAIR COSTELLO  asked if he  was aware  of any other  states that                                                               
have  more  restrictive  time limitation,  say  four  hours,  for                                                               
minors temporarily held in an adult facility.                                                                                   
                                                                                                                                
MR.  DAVIDSON answered  no.  When the  law  passed initially  the                                                               
State of Alaska requested more  time because of rural and weather                                                               
conditions, but  the expectation  for both delinquent  minors and                                                               
now  waived  minors is  that  they  are  moved immediately  to  a                                                               
juvenile  facility.  Law enforcement  tries  to  do this  because                                                               
minors are difficult to accommodate in adult facilities.                                                                        
                                                                                                                                
4:27:44 PM                                                                                                                    
CHAIR SHOWER opened  public testimony on SB 91;  finding none, he                                                               
closed public testimony and advised  the public to submit written                                                               
testimony at ssta@akleg.gov.                                                                                                    
                                                                                                                                
4:28:24 PM                                                                                                                    
CHAIR SHOWER held SB 91 in committee for future consideration.                                                                  
                                                                                                                                
           SB  92-MISSING PERSONS UNDER 21 YEARS OLD                                                                        
                                                                                                                                
4:28:31 PM                                                                                                                    
CHAIR SHOWER  announced the consideration  of SENATE BILL  NO. 92                                                               
"An Act relating to missing persons under 21 years of age."                                                                     
                                                                                                                                
He  listed the  individuals who  would testify  on behalf  of the                                                               
administration and those available to answer questions.                                                                         
                                                                                                                                
4:29:05 PM                                                                                                                    
KATHRYN  MONFREDA, Director,  Division  of  Statewide Services  -                                                               
CGIS Programs,  Department of  Public Safety,  Anchorage, Alaska,                                                               
explained  that  SB  92  aligns  state law  to  the  federal  law                                                               
regarding reporting  missing persons between  the ages of  18 and                                                               
21.                                                                                                                             
                                                                                                                                
MS.  MONFREDA began  a PowerPoint  presentation on  slide 2.  She                                                               
related that  the 2003 Suzanne's  Law and  part of the  2006 Adam                                                               
Walsh Act collectively require law  enforcement agencies to enter                                                               
information  related to  persons under  the  age of  21 into  the                                                               
National  Crime Information  Center (NCIC)  data base  within two                                                               
hours  of being  reported missing.  She advised  that these  laws                                                               
were named  after a university  student who went missing  in 1981                                                               
and was never found and a  five-year-old boy who was abducted and                                                               
murdered in 1981.                                                                                                               
                                                                                                                                
MS. MONFREDA  reviewed the  current statutes  that have  not been                                                               
updated   since  they   were  enacted   in  the   mid-1980s.  She                                                               
paraphrased the following:                                                                                                      
                                                                                                                                
        • AS 18.65.620 requires reporting missing minors to                                                                     
          the state's Missing Persons Clearinghouse if not                                                                      
          located within 48 hours after first reported                                                                          
          missing                                                                                                               
        • AS 47.10.141 requires reporting missing minors                                                                        
          into state and national databases no later than                                                                       
          24 hours after completing the missing person                                                                          
          report                                                                                                                
        • AS 47.10.390 defines 'runaway minor' as a person                                                                      
          under 18 years of age                                                                                                 
                                                                                                                                
4:32:24 PM                                                                                                                    
MS. MONFREDA  reviewed the summary of  statutory changes proposed                                                               
in  SB 92  to  conform  with federal  law  pertaining to  missing                                                               
persons under age 21. She paraphrased the following:                                                                            
                                                                                                                                
        • Changes required for AS 47.10.141 and AS                                                                              
          18.65.620 to comply with the two federal laws                                                                         
          regarding                                                                                                             
             • Entry into state and national databases for                                                                      
               missing persons under age 21 instead of the                                                                      
               state requirement of age 18                                                                                      
             • Entry of the records into state and national                                                                     
               databases within 2 hours instead of the                                                                          
               state requirement of 24 hours                                                                                    
                                                                                                                                
MS.  MONFREDA  paraphrased  the current  procedures  bulleted  on                                                               
slide 5. The slide read as follows:                                                                                             
                                                                                                                                
        • Statewide training for law enforcement is already                                                                     
          in place regarding the more restrictive federal                                                                       
          requirements                                                                                                          
        • Most state and local law enforcement agencies are                                                                     
          already complying with the more restrictive                                                                           
          federal requirements                                                                                                  
        • Programming for the state database, Alaska Public                                                                     
          Safety  Information Network  (APSIN), has  already                                                                    
          been completed  to allow law enforcement  to enter                                                                    
          reports  to  comply   with  the  more  restrictive                                                                    
          federal requirements                                                                                                  
                                                                                                                                
MS. MONFREDA  paraphrased the benefits of  the proposed statutory                                                               
changes bulleted on slide 6. The slide read as follows:                                                                         
                                                                                                                                
        • Remove conflicting,   less   restrictive   state                                                                      
          statutory requirements                                                                                                
        • Faster state and nationwide notification of                                                                           
         missing person records for those under age 21                                                                          
             • The National   Center   for   Missing   and                                                                      
               Exploited    Children    monitors    national                                                                    
               databases and proactively offers assistance                                                                      
        • Improved response for the vulnerable, college-age                                                                     
          population of missing persons                                                                                         
                                                                                                                                
SENATOR  KAWASAKI said  he appreciates  that college  age persons                                                               
are particularly  vulnerable, but  he wonders  why the  bill does                                                               
not ensure  that missing persons  who are  older than age  21 and                                                               
have a mental illness or dementia are placed on the database.                                                                   
                                                                                                                                
MS.  MONFREDA  replied that  the  practice  is to  enter  missing                                                               
persons  into  the system  regardless  of  age, but  federal  law                                                               
requires missing persons age 21 and younger to be entered.                                                                      
                                                                                                                                
CHAIR SHOWER asked Ms. Monfreda  if she agreed that the committee                                                               
could amend the bill to include  other missing persons as a state                                                               
requirement.                                                                                                                    
                                                                                                                                
MS. MONFREDA replied that is correct.                                                                                           
                                                                                                                                
CHAIR  SHOWER suggested  Senator  Kawasaki look  at amending  the                                                               
bill to expand the coverage under state law.                                                                                    
                                                                                                                                
4:35:25 PM                                                                                                                    
MS. MONFREDA paraphrased the following  sectional analysis for SB
92:                                                                                                                             
                                                                                                                                
     Section 1: Includes conforming  language related to the                                                                  
     duty  of law  enforcement agencies  to reflect  changes                                                                    
     made in Section 2.                                                                                                         
                                                                                                                                
     Section  2:  Adds a  new  subsection  to AS  18.65.620,                                                                  
     requiring  law  enforcement   agencies  to  transmit  a                                                                    
     missing person's report  for a person under  the age of                                                                    
     21 to the Alaska  Public Safety Information Network and                                                                    
     the  National  Crime  Information  Center  as  soon  as                                                                    
     practicable,  but  not  later   than  two  hours  after                                                                    
     completing the  report. If the  person is  later found,                                                                    
     the  agency shall  remove that  information from  those                                                                    
     databases as  soon as practicable,  but not  later than                                                                    
     24 hours after learning the person has been located.                                                                       
                                                                                                                                
     Section   3:  Contains   conforming   language  to   AS                                                                  
     47.10.141,  runaway   and  missing  children,   to  the                                                                    
     changes  made in  section 2.  All reporting  procedures                                                                    
     for persons under the age of  21 are moved to AS 18.65,                                                                    
     as amended in Section 2 of the bill.                                                                                       
                                                                                                                                
     The  bill  has no  specific  effective  date and  would                                                                    
     become effective 90 days after becoming law.                                                                               
                                                                                                                                
CHAIR SHOWER again  asked for confirmation that  if the committee                                                               
were  to amend  the bill  to require  all missing  persons to  be                                                               
entered into the database, the  state would still be perceived as                                                               
following federal law.                                                                                                          
                                                                                                                                
MS.  MONFREDA  confirmed  that  state  law  can  always  be  more                                                               
restrictive than federal law, but not less restrictive.                                                                         
                                                                                                                                
SENATOR KAWASAKI  asked to  hear from  law enforcement  about the                                                               
feasibility  of small  municipalities being  able to  comply with                                                               
the  two-hour  federal reporting  requirement  if  the bill  were                                                               
expanded to include all missing persons.                                                                                        
                                                                                                                                
4:38:08 PM                                                                                                                    
PAUL  FUSSEY, Lieutenant,  Alaska State  Troopers, Department  of                                                               
Public Safety,  Anchorage, Alaska, stated  that it does  not take                                                               
very  long to  enter information  into either  the NCIC  or APSIN                                                               
databases and a  dispatcher could be entering  the information as                                                               
an officer is out looking for the missing person.                                                                               
                                                                                                                                
SENATOR COSTELLO asked  what happens to the  information that was                                                               
entered into the system after the missing person is found safe.                                                                 
                                                                                                                                
MS. MONFREDA  replied that  the information  is deleted  from the                                                               
system after the person is located, but it remains in the log.                                                                  
                                                                                                                                
4:39:50 PM                                                                                                                    
CHAIR SHOWER opened  public testimony on SB 92;  finding none, he                                                               
closed public testimony.                                                                                                        
                                                                                                                                
4:40:21 PM                                                                                                                    
CHAIR SHOWER held SB 92 in committee for future consideration.                                                                  
                                                                                                                                
4:40:41 PM                                                                                                                    
There being  no further  business to  come before  the committee,                                                               
Chair  Shower   adjourned  the  Senate  State   Affairs  Standing                                                               
Committee meeting at 4:40 p.m.                                                                                                  

Document Name Date/Time Subjects
SB 117 Bill v.A.A SSTA 4/27/2021 3:30:00 PM
SB 117
SB 117 fiscal note.pdf SSTA 4/27/2021 3:30:00 PM
SB 117
SB 117 Sectional Analysis 3.31.2021.pdf SSTA 4/27/2021 3:30:00 PM
SB 117
SB 117 Sponsor Statement.pdf SSTA 4/27/2021 3:30:00 PM
SB 117
SB 91 Version 32 GS1576 I.PDF SSTA 4/27/2021 3:30:00 PM
SB 91
SB 91 Transmittal Letter.pdf SSTA 4/27/2021 3:30:00 PM
SB 91
SB 91 Summary of Changes- 32 GS1576 I .pdf SSTA 4/27/2021 3:30:00 PM
SB 91
SB 91 Sectional Analysis Version 32 GS1576 I .pdf SSTA 4/27/2021 3:30:00 PM
SB 91
SB 91 Fiscal Note DPS.pdf SSTA 4/27/2021 3:30:00 PM
SB 91
SB 91 Fiscal Note DHS.pdf SSTA 4/27/2021 3:30:00 PM
SB 91
SB 91 Fiscal Note COR.pdf SSTA 4/27/2021 3:30:00 PM
SB 91
SB 92 Sectional Analysis v. A 04.07.21.pdf SSTA 4/27/2021 3:30:00 PM
SB 92
SB 92 Sponsor Statement 04.07.21.pdf SSTA 4/27/2021 3:30:00 PM
SB 92
SB 92 HSS Fiscal Note 04.07.21.pdf SSTA 4/27/2021 3:30:00 PM
SB 92
SB 92 DPS Presentation 04.27.21.pdf SSTA 4/27/2021 3:30:00 PM
SB 92
SB 92 DPS Fiscal Note 04.07.21.pdf SSTA 4/27/2021 3:30:00 PM
SB 92
SB 92 Additional Statistics.pdf SSTA 4/27/2021 3:30:00 PM
SB 92
SB 31 - Sectional Analysis.pdf SSTA 4/27/2021 3:30:00 PM
SB 31
SB 31 - Sponsor Statement.pdf SSTA 4/27/2021 3:30:00 PM
SB 31
SB 31 Bill v.A.A SSTA 4/27/2021 3:30:00 PM
SB 31
SB 92 DPS Presentation REVISED.pdf SSTA 4/27/2021 3:30:00 PM
SB 92