02/22/2007 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB21 | |
| SB43 | |
| SB7 | |
| SB35 | |
| SB36 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 7 | TELECONFERENCED | |
| *+ | SB 35 | TELECONFERENCED | |
| += | SB 36 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | HB 21 | ||
| = | SB 43 | ||
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
February 22, 2007
9:05 a.m.
MEMBERS PRESENT
Senator Lesil McGuire, Chair
Senator Hollis French
Senator Lyda Green
MEMBERS ABSENT
Senator Gary Stevens, Vice Chair
Senator Con Bunde
COMMITTEE CALENDAR
CS FOR HOUSE BILL NO. 21(STA)
"An Act relating to the state flag; and relating to the proper
retirement of an official state flag."
MOVED CSHB 21(STA) OUT OF COMMITTEE
SENATE BILL NO. 43
"An Act relating to contributions from permanent fund dividends
to community foundations, to certain educational organizations,
and to certain other charitable organizations that provide a
positive youth development program, workforce development, aid
to the arts, or aid and services to the elderly, low-income
individuals, individuals in emergency situations, disabled
individuals, or individuals with mental illness; and providing
for an effective date."
MOVED CSSB 43(STA) OUT OF COMMITTEE
SENATE BILL NO. 7
"An Act relating to the voting rights of felons."
MOVED CSSB 7(STA) OUT OF COMMITTEE
SENATE BILL NO. 35
"An Act making an appropriation to the public education fund;
making an appropriation to the earnings reserve account of the
Alaska permanent fund; making an appropriation to the Alaska
housing finance revolving fund; making an appropriation to the
constitutional budget reserve fund; and providing for an
effective date."
MOVED CSSB 35(STA) OUT OF COMMITTEE
SENATE BILL NO. 36
"An Act relating to sentencing for the commission of certain
offenses influenced by alcohol and to the offense of consumption
of alcohol in violation of sentence."
MOVED CSSB 36(STA) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 21
SHORT TITLE: DISPOSAL OF STATE FLAG
SPONSOR(S): REPRESENTATIVE(S) HARRIS, HAWKER, DAHLSTROM, WILSON
01/16/07 (H) PREFILE RELEASED 1/5/07
01/16/07 (H) READ THE FIRST TIME - REFERRALS
01/16/07 (H) STA
02/01/07 (H) STA AT 8:00 AM CAPITOL 106
02/01/07 (H) Heard & Held
02/01/07 (H) MINUTE(STA)
02/06/07 (H) STA AT 8:00 AM CAPITOL 106
02/06/07 (H) Moved CSHB 21(STA) Out of Committee
02/06/07 (H) MINUTE(STA)
02/07/07 (H) STA RPT CS(STA) NT 6DP
02/07/07 (H) DP: JOHANSEN, ROSES, GRUENBERG,
COGHILL, DOLL, LYNN
02/08/07 (H) TRANSMITTED TO (S)
02/08/07 (H) VERSION: CSHB 21(STA)
02/09/07 (S) READ THE FIRST TIME - REFERRALS
02/09/07 (S) STA
02/20/07 (S) STA AT 9:00 AM BELTZ 211
02/20/07 (S) Scheduled But Not Heard
BILL: SB 43
SHORT TITLE: CONTRIBUTIONS FROM PERM. FUND DIVIDENDS
SPONSOR(S): SENATOR(S) THERRIAULT
01/16/07 (S) PREFILE RELEASED 1/5/07
01/16/07 (S) READ THE FIRST TIME - REFERRALS
01/16/07 (S) STA, FIN
02/20/07 (S) STA AT 9:00 AM BELTZ 211
02/20/07 (S) Heard & Held
02/20/07 (S) MINUTE(STA)
BILL: SB 7
SHORT TITLE: FELONS' RIGHT TO VOTE
SPONSOR(S): SENATOR(S) DAVIS
01/16/07 (S) PREFILE RELEASED 1/5/07
01/16/07 (S) READ THE FIRST TIME - REFERRALS
01/16/07 (S) STA, JUD, FIN
01/25/07 (S) STA AT 9:00 AM BELTZ 211
01/25/07 (S) <Above Bill Hearing Canceled>
02/22/07 (S) STA AT 9:00 AM BELTZ 211
BILL: SB 35
SHORT TITLE: APPROP: FUNDS
SPONSOR(S): SENATOR(S) WILKEN
01/16/07 (S) PREFILE RELEASED 1/5/07
01/16/07 (S) READ THE FIRST TIME - REFERRALS
01/16/07 (S) STA, FIN
02/22/07 (S) STA AT 9:00 AM BELTZ 211
BILL: SB 36
SHORT TITLE: SENTENCING FOR ALCOHOL-RELATED CRIMES
SPONSOR(S): SENATOR(S) THERRIAULT
01/16/07 (S) PREFILE RELEASED 1/5/07
01/16/07 (S) READ THE FIRST TIME - REFERRALS
01/16/07 (S) STA, JUD, FIN
01/23/07 (S) STA AT 9:00 AM BELTZ 211
01/23/07 (S) Heard & Held
01/23/07 (S) MINUTE(STA)
01/25/07 (S) STA AT 9:00 AM BELTZ 211
01/25/07 (S) Scheduled But Not Heard
01/30/07 (S) STA AT 9:00 AM BELTZ 211
01/30/07 (S) PEACE OFFICER CONVICTED OF MURDER
02/01/07 (S) STA AT 9:00 AM BELTZ 211
02/01/07 (S) -- Rescheduled from 01/30/07 --
02/22/07 (S) STA AT 9:00 AM BELTZ 211
WITNESS REGISTER
REPRESENTATIVE JOHN HARRIS
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 21 as sponsor.
SENATOR GENE THERRIAULT
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented SB 43 and SB 36 as sponsor.
SENATOR BETTYE DAVIS
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented SB 7 as sponsor.
THOMAS OBERMEYER, Staff
to Senator Bettye Davis
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented SB 7 on behalf of Senator Davis,
sponsor.
MICHAEL MACLEOD-BALL, Executive Director
American Civil Liberties Union of Alaska
Anchorage, Alaska
POSITION STATEMENT: Spoke in favor of SB 7.
DWAYNE PEEPLES, Deputy Commissioner,
Department of Corrections
Juneau, Alaska
POSITION STATEMENT: Answered questions regarding SB 7.
DENISE MORRIS
Alaska Native Justice Center
Anchorage, Alaska
POSITION STATEMENT: Spoke in favor or SB 7.
ALONZO PATTERSON, Reverend
Former Parole Board Chair
Anchorage, Alaska
POSITION STATEMENT: Spoke in favor or SB 7.
DR. WILLIAM GREENE, President
National Association for the Advancement of Colored People
(NAACP), Alaska
Anchorage, Alaska
POSITION STATEMENT: Spoke in favor or SB 7.
DANIEL LEVITAS, Consultant
American Civil Liberties Union
Atlanta, Georgia
POSITION STATEMENT: Spoke in favor of SB 7.
CAROL KAPLAN
National Association for the Advancement of Colored People
Washington D.C.
POSITION STATEMENT: Spoke in favor of SB 7.
DAVE STANCLIFF, Staff
to Senator Gene Therriault
Alaska State Capitol
Juneau, Alaska
POSITION STATEMENT: Presented SB 36 on behalf of Senator
Therriault, sponsor.
ACTION NARRATIVE
CHAIR LESIL MCGUIRE called the Senate State Affairs Standing
Committee meeting to order at 9:05:57 AM. Present at the call to
order were Senator Green, Senator French, and Chair McGuire.
CSHB 21(STA)-DISPOSAL OF STATE FLAG
CHAIR McGUIRE announced the consideration of CSHB 21(STA).
9:06:59 AM
REPRESENTATIVE JOHN HARRIS, Alaska State Legislature, sponsor of
HB 21, said the bill brings state statute "into compliance with
the same thing we do for federal flags" with regard to their
disposal. The American Legion wanted direction on how to dispose
of the Alaska flag, he said. Language about where to fly the
flag has been dropped from this bill; it only covers the
disposal of certain flags and a description of what constitutes
those flags.
9:07:42 AM
SENATOR GREEN motioned to report CSHB 21(STA) from committee
with individual recommendations and attached fiscal note(s).
There being no objection, it was so ordered.
SB 43-CONTRIBUTIONS FROM PERM. FUND DIVIDENDS
CHAIR McGUIRE announced the consideration of SB 43.
9:08:43 AM
SENATOR GENE THERRIAULT, Alaska State Legislature, sponsor of SB
43, said he had an amendment, labeled 25-LS0365\A.1, Cook, as
follows:
Page 2, line 8, following "contribution.":
Insert "The electronic dividend application form
must include notice that no money contributed will
be used for administrative costs incurred in
implementing this section and that money from the
dividend fund will not be used for that purpose."
Page 3, lines 21 - 24:
Delete all material and insert:
"(d) Unless an appropriation specifically
directs that the money be used for costs incurred in
implementing this section, the department may not
use money from the dividend fund for administrative
costs incurred in implementing this section even if
it has been appropriated for costs of administering
the dividend program. The department may not use
money contributed under (a) of this section for
administrative costs incurred in implementing this
section. Contributions shall be distributed to each
organization as soon as practicable."
SENATOR THERRIAULT said the amendment makes clear that no money
from the dividend fund or the general fund will be used for
administrative expenses. The bill sets up a three-year pilot
program, and the Rasmuson Foundation has agreed to fund those
administrative expenses. This makes it clear that for the three-
year period all the costs will be borne by Rasmuson. He was told
that it didn't make sense to discuss funding after the three
years, because the program will sunset at that time. If the
legislature chooses to extend the program, it can allow a
portion of the contributions to fund it, he stated.
CHAIR McGUIRE motioned to adopt 25-LS0365\A.1 as Amendment 1.
Hearing no objection, it was so ordered.
SENATOR GREEN asked about a letter from the Department of
Revenue (DOR).
The Committee took an at-ease from 9:11:41 AM to 9:12:45 AM.
SENATOR THERRIAULT said he talked with dividend staff, and they
are considering a new database system. The DOR letter discusses
that new payment system, and the $300,000 in FY08 would be
covered by the Rasmuson Foundation. He is not expecting it to
impact this year's dividend. He believes that with that amount
of money and with the change in the dividend system, that the
change will be built in.
9:14:11 AM
SENATOR FRENCH asked what the DOR means by limiting the charity
assignment, and if that is for everyone or per applicant.
SENATOR THERRIAULT said he wasn't sure, but he would imagine it
is one charity assignment per applicant. He said the DOR can
only do what the technology allows it to do.
CHAIR McGUIRE said it could become an evolving process, and the
sponsor could discuss this between now and the finance hearing.
SENATOR THERRIAULT agreed, and said the finance committee can
scrutinize the fiscal note.
CHAIR McGUIRE said a compromise is to run a pilot or have a
sunset, but that is something she would not support because once
the infrastructure is in, "you'd want to keep it going."
CHAIR McGUIRE moved to report SB 43 [as amended] from committee
with individual recommendations and attached fiscal note(s).
There being no objection, CSSB 43(STA) moved from committee.
9:17:26 AM
SB 7-FELONS' RIGHT TO VOTE
CHAIR McGUIRE announced the consideration of SB 7.
9:18:00 AM
SENATOR BETTYE DAVIS, Alaska State Legislature, sponsor of SB 7,
said her aide would introduce the bill.
THOMAS OBERMEYER, staff to Senator Bettye Davis, described the
bill as an opportunity for a second chance to reenter society
for felons. It is of great significance to Alaska because there
are over 5,000 felons who have been disenfranchised and a great
many are minorities, which should bring cause for alarm. He read
a statement from Justice Marshall, as follows:
It is doubtful whether a state can demonstrate either
a compelling or rational policy interest in denying
former felons the right to vote. Ex-offenders have
already paid their debt to society. They are as much
affected by the actions of government as any other
citizen and have as much of a right to participate in
governmental decision making. Furthermore, the denial
of a right to vote to such persons is hindrance to the
efforts of society to rehabilitate former felons and
convert them into law abiding and productive citizens.
MR. OBERMEYER said some states allow felons to always vote, but
SB 7 just asks that felons be allowed to vote once they are
released from prison instead of waiting until after probation
and parole. It would require some change in the Department of
Corrections (DOC) and the Division of Elections to recognize
those affected by the bill. There are 5.5 million people
prohibited from voting in the United States now. "These people
are coming back to society…America is the land of second chance,
and when the gates of the prison open, the path ahead should
lead to a better life." He noted that 47 percent of those
incarcerated in Alaska are Alaska Native and 11 percent are
African American. This is the last form of disenfranchisement in
the United States. Alaska's laws weren't enacted in a
discriminatory process so are likely constitutional, he said.
9:22:47 AM
CHAIR McGUIRE surmised that the bill doesn't allow a felon to
vote while in prison. She asked what district they would vote
in, and she assumed it would be wherever they took up residency.
MR. OBERMEYER spoke with the Division of Elections and the
lieutenant governor and said it could be done simply and without
added costs. Instructions could be put on a website.
CHAIR McGUIRE asked why the original law was enacted.
MR. OBERMEYER said Alaska likely followed what other states did.
He said two states allow felons to vote all the time, some
states use the language in SB 7, about 21 states have the same
law Alaska has, and some never allow felons to vote. He said
some felons in Alaska don't know they are allowed to vote after
probation. He said 600,000 felons re-enter society every year.
9:26:32 AM
CHAIR McGUIRE made a comment about non-felons who don't vote.
She said she couldn't see why those who have paid their debt to
society shouldn't be allowed to vote.
MR. OBERMEYER said disenfranchisement has a long history, but
society is now rejecting practices that were formally accepted.
9:27:39 AM
SENATOR GREEN said she can't support this at all. The sentence
comprises probation and parole when the felon is still under
certain obligations. The loss of the ability to vote is part of
the conviction, and it isn't over when they walk out the door.
SENATOR FRENCH said this is difficult. He is a former prosecutor
and knows it is not easy to get convicted of a felony. He asked
about how it will work for Alaska, and where the statistic of
5,000 felons comes from.
MR. OBERMEYER said he wasn't sure but about 47% are Native and
11 percent are African American. He said the Division of
Elections doesn't oppose the bill. In response to Senator Green
that this is part of the sentence, "it's my understanding that
in the past there was opposition by the Department of
Corrections because so many of these people were recidivists and
they didn't want to go through the aggravation of trying to
reestablish them on the rolls." It will be simpler with
electronic data use. He said recidivism is a problem because of
drug use, and there needs to be rehabilitation in the medical
community and not just in prison. This is just one step in
encouraging people to get back in society.
CHAIR McGUIRE asked if someone on probation would be a "bad
voter." Some restrictions make sense, like contacting a victim
or drinking, but encouraging positive things, like getting an
education or voting-"I just can't see the other side of it."
9:32:32 AM
MR. OBERMEYER said a past argument is that felons would vote
liberal.
CHAIR McGUIRE said she is trying to understand the policy.
SENATOR DAVIS asked if Senator French wanted more information.
SENATOR FRENCH said he wants to hear from the DOC to learn how
many people this will affect.
SENATOR DAVIS said the department was contacted.
9:34:39 AM
JASON HOOLEY, Special Assistant, Office of Lieutenant Governor,
said he is testifying for Whitney Brewster, the director of the
Division of Elections. He said the division is not opposed to
the bill. He asked how the DOC intends to notify the division
when a voter has been incarcerated for a felony of moral
turpitude and when individuals are released from prison so they
can restore voting rights. He explained, in detail, the current
process and the difficulties of information exchange between the
DOC and the division. He noted that the committee substitute
makes an important change in Section 1, which specifies that the
DOC should funnel all notifications through the director.
9:40:11 AM
SENATOR FRENCH made a motion to adopt the committee substitute
labeled, 25-LS0100\M, Bullard, as the working document. Hearing
no objection, version M was before the committee.
CHAIR MCGUIRE said it is disturbing that some who should be able
to vote still don't have that right because the information is
not transmitted in a timely manner.
MR. HOOLEY said that is disturbing to his division as well.
9:41:27 AM
SENATOR FRENCH said it seems that the division should be wildly
enthusiastic about this bill because of the clear distinction of
a person behind bars and one who is not.
SENATOR GREEN asked if a felony involving moral turpitude is the
only one that is restored and not the lesser felonies.
MR. HOOLEY said the lesser felonies don't fall under the moral
turpitude label and don't lose the right to vote.
SENATOR FRENCH asked for the list of the lessor felonies.
MR. HOOLEY said felonies of moral turpitude are felonies that
are wrong in and of themselves--murder and assault for example.
9:43:33 AM
CHAIR McGUIRE asked the other testifiers to confine their
remarks to those that have not yet been made.
9:44:21 AM
MICHAEL MACLEOD-BALL, Executive Director, American Civil
Liberties Union of Alaska (ACLU), said he submitted testimony.
He asked the committee to think about who would get the right to
vote as a result of SB 7. The Alaska constitution has a specific
right of reform, which the courts have interpreted to include a
right to rehabilitation. Rehabilitation is what incarceration is
attempting to do, he stated. Parole and probation comes when
someone plays by the rules and they ought to get the small
reward of voting. "That's all part of this grand scheme that we
have to try to reintegrate these offenders into society." He
added that "if it's deemed to be better for society that
somebody is reintegrated into society at a particular point in
the sentence, shouldn't we also include with that the right to
participate in civil society through the franchise?"
9:48:53 AM
SENATOR FRENCH asked how many individuals have been released and
are still on probation or parole in Alaska.
DWAYNE PEEPLES, Deputy Commissioner, Department of Corrections,
said there are 5,546 as of February.
SENATOR FRENCH asked for the average length of probation or
parole and what kind of felonies occurred.
MR. PEEPLES said he will get that information to him.
CHAIR McGUIRE said the felonies of moral turpitude matter most
to this bill. The list includes rioting, procession of gambling
records, and "all kinds of things." She asked for that
information and for demographic information.
MR. PEEPLES said locations are tracked, and he will try to
develop a matrix by the seriousness of the crimes.
9:51:26 AM
DENISE MORRIS, Alaska Native Justice Center, noted she would fax
her memorandum. She said that Alaska's current restriction on
felony voting is limited to felonies of moral turpitude;
however, the definition is designed by statute and includes
almost all felonies. The theft of something worth over $499 is a
felony. Most assault cases and misconduct involving a controlled
substance are felonies. Many individuals don't commit crimes
against people, but the crime is a felony nonetheless.
Restrictions on voting rights impact Natives more. Alaska
Natives constitute 16 percent of the state, but they account for
37 percent of the prisoners. Cultural factors make Natives more
susceptible to felony disenfranchisement, she said. Restoring
voting rights is an important element to an individual's
reintegration back into the community. She said there is some
indication that voting reduces recidivism. One study found that
27 percent of nonvoters were rearrested, compared with 12
percent of voters. A recent report by the Alaska Judicial
Council showed that recidivism rates were greatly reduced for
individuals who went through the therapeutic court. A condition
of parole or probation should even require the registration to
vote. She concluded by saying that the Alaska Native Justice
Center supports lessening the restrictions on felony
disenfranchisement, specifically voting rights, which will bring
Alaska into the modern national trend.
9:57:02 AM
ALONZO PATTERSON, Former Parole Board Chair, said he served on
the parole board for 12 years and he is involved with the
Baptist Church, MLK Foundation, and Alaska Black Leadership
Conference. He supports SB 7, and he has been involved with
issuing parole releases and probation recidivism. He has looked
at the recidivism rates and the disparity in sentencing. The
disparity begins long before the person is released from prison.
When releasing people, the message is a restoration of their
rights, but when the voting rights aren't included it is a
farce. Those people can develop an attitude of hopelessness, and
recidivism levels rise. It is difficult for these people to get
jobs. Looking at the greatest number of people in the
institution doesn't indicate discrimination, but "it is
culturally impacting because if you have a greater number of
minorities in the institution, then you have a greater number of
people being impacted in that culture based on the fact that
they are not able to have their voting rights." He encouraged
the committee to strongly support SB 7.
MR. PATTERSON said the problem of going in and out of jail could
mean that a person could spend 20 years trying to serve a 5-year
term, "and that recycling process can put your voting rights off
a long time." He added, "One's right to vote is one's right to
vote whether one votes liberal or whatever. That is a part of
their right as a citizen." Denying the right to vote creates an
attitude that overcrowds the prison system. He said he works
with some of these people as a chaplain, and allowing them to
vote and fully participate as citizens of Alaska removes an
obstacle from their intended rehabilitation.
10:01:47 AM
DR. WILLIAM GREENE, President, NAACP Alaska, said he has worked
with Mr. Patterson for 25 years and has seen a lot of change in
inmate life. The bill is part of making them whole and feel like
they are a part of society once again. Voting rights give the
indication that persons are accepted back into society and not
outcasts. Passing the legislation will make the community
better, he stated.
DANIEL LEVITAS, American Civil Liberties Union, ACLU, Atlanta,
Georgia, said his work focuses specifically on voter
disenfranchisement. He has submitted testimony. He said there
are 11,132 Alaskans who are disfranchised as a result of felony
convictions. There is a distinction in the law between felonies
and felonies of moral turpitude, but mostly everyone convicted
of a felony in Alaska ends up being disfranchised. He said he
was pleasantly surprised that the Division of Election makes an
effort to fully enfranchise those people who haven't committed
so-called moral turpitude crimes, but that system isn't fully
efficient. Data from 2004 show more than half of these people
are out working in the community: 5,000 on felony probation and
927 on parole. These people would be enfranchised through SB 7.
There are 20 states that treat felony offenders less harshly
than Alaska, and 13 states are considering this same change.
This bill will eliminate a tremendous amount of the bureaucratic
paperwork complications that disenfranchise people because no
one knows their status.
MR. LEVITAS said here have been few studies, but one shows a
clear link between voting behavior and lower re-arrest rates.
The problems in the notification system would be fixed by SB 7,
he concluded. Registration instructions and eligibility can be
handed to people as they walk out of prison.
10:08:59 AM
CAROL KAPLAN, National Association for the Advancement of
Colored People (NAACP), said the NAACP "logic is simple: by
allowing individuals to invest in their community through the
electoral process, they are more likely to feel a sense of
ownership and become productive members of that society and less
likely to return to…anti-social destructive behavior that led to
their previous incarceration."
CHAIR McGUIRE asked the will of the committee.
SENATOR FRENCH moved to report the CS for SB 7, labeled, 25-
LS0100\M, from committee with individual recommendations and
attached fiscal note(s). There being no objection, CSSB 7(STA)
moved from committee.
SB 35-APPROP: FUNDS
CHAIR McGUIRE announced the consideration of SB 35.
10:11:04 AM
SENATOR GARY WILKEN, Alaska State Legislature, sponsor of SB 35,
said that during the last election he had to correct four people
who said the state spent everything last year. "Last year we
saved 46 percent of our surplus," which was $649 million, he
said. Some people knew it but characterized savings as spending,
and some simply didn't know it. He said there are "a couple of
billion dollars in surplus in 07 and 08, and so I wanted to get
out to the folks that we have places that we can put that." SB
35 is an appropriation fund, called "bank-a-billion" in
marketing terms. He said Alaska revenues will be record-high
from the new profit-based petroleum tax, but it will not be
known until March or later. SB 35 will save this expected
surplus of $1.35 billion into four separate savings accounts:
$250 million each to the Public Education Fund; Alaska Housing
Finance Corporation (AHFC) capital account; Permanent Fund
Earnings Reserve Account; and Constitutional Budget Reserve
Account. "The deposit of a billion dollars in four separate,
unique accounts forces the Legislature to save for the future, a
time when our state's financial picture might be different than
today."
10:14:25 AM
SENATOR FRENCH asked what the status is of the public education
fund and what the governor is planning for it.
SENATOR WILKEN said last year there was $565 million, "which we
used," and there is now $509 million. The governor proposes to
drain that to fund K-12. "The effect of that would be to use the
$509 million, but then you would not use your surplus so the
surplus, on June 30, would automatically…that particular $509
million would then drift into the [Constitutional Budget
Reserve]."
SENATOR FRENCH said if the legislature spent within its means
and kept the budget somewhere between the governor's and
legislature's budget, all this money would be swept into the CBR
at the end of the fiscal year.
SENATOR WILKEN said, yes. The bill would divert three fourths of
that to three separate accounts.
SENATOR FRENCH asked for the current AHFC capital account.
SENATOR WILKEN said $300 million was put in that account. He
noted that "we all thought, last year, that we had taken $300
million and put it into a capital account" in AHFC, but that is
not the case, because it is still in the general fund, "and
there's a fence around it." Lines 1-5 on page 2 of the bill are
incorrect, and he said he has an amendment to fix it. That money
is currently roped off in the general fund, so the bill will
move another $250 million to it.
SENATOR FRENCH asked if the amendment would move the funds out
of the general fund into the AHFC capital account itself.
SENATOR WILKEN said no, it matches the $250 million with the
$300 million that is in the general fund.
SENATOR FRENCH surmised it would still reside there with a fence
around it.
SENATOR WILKEN said he just found out about this yesterday. The
bill is written for money to go into the revolving fund, and
that isn't correct. "I don't think any of us knew that this
hadn't been moved over into Alaska Housing Finance fund." The
important point is that it is roped off, he stated.
SENATOR GREEN asked if an appropriation is generally made to the
AHFC capital account.
SENATOR WILKEN said, no, former Governor Murkowski wanted $400
million, "and so we took that and said, OK let's rope it off,
but if you don't need it, it could be used for something else."
10:18:36 AM
SENATOR FRENCH asked what currently is in the Permanent Fund
Earnings Reserve Account and the Constitutional Budget Reserve.
SENATOR WILKEN said the permanent fund had $4.5 billion in
realized earnings, and the Constitutional Budget Reserve had
$2.46 billion at the end of December.
10:19:06 AM
SENATOR GREEN made a motion to adopt Amendment 1, labeled 25-
LS0271\C.1, Kane, as follows:
Page 1, line 3:
Delete "housing finance revolving fund"
Insert "Housing Finance Corporation"
Page 2, lines 1 - 5:
Delete all material and insert:
"* Sec. 3. ALASKA HOUSING FINANCE CORPORATION. The
sum of $250,000,000 is appropriated to the Alaska
Housing Finance Corporation for the purpose of funding
capital projects, including financing expenses, from
the general fund available after all other
appropriations for the fiscal year ending June 30,
2007, are accounted for, but before the deposit
required under art. IX, sec. 17(d), Constitution of
the State of Alaska, is made. It is the intent of the
legislature that the Alaska Housing Finance
Corporation may transfer this money and the earnings
to a subsidiary of the Alaska Housing Finance
Corporation on or after July 1, 2007, under
AS 18.56.086."
CHAIR McGUIRE announced that without objection, Amendment 1
carried.
SENATOR GREEN asked why Senator Wilken used a dollar figure
instead of a percentage for the funds in the bill.
SENATOR WILKEN said the term, bank-a-billion is cute and it
works. He said the legislature should have a sense of how much
it wants to save. He said "all of us" worked on it last year,
and campaign time came "and we struggled to talk about savings."
He said "savings" was a four-letter word for many years, and the
state is blessed with surpluses, and savings is not spending, he
explained, "you spend it into a savings account."
SENATOR GREEN asked if the bill should say "at least" in case
the surplus is higher.
SENATOR WILKEN said that number will move around in finance
committee, "the point being, let's save something. Let's put it
in four places that we can access at a future time."
10:22:11 AM
CHAIR McGUIRE said she likes that there are four places because
everyone has ideas about where to save. She struggled to
convince her constituents that money was set aside last year.
This is a vehicle that the finance committee can deal with. She
said, "We don't know what the numbers will be or if they'll
change or even if those pots of money will be allocated slightly
differently, but…the finance committee would be a better resting
place for it…until those numbers come in."
SENATOR GREEN made a motion to report SB 35, as amended, from
committee with individual recommendations and attached fiscal
note(s). Hearing no objections, CSSB 35(STA) moved from
committee.
SB 36-SENTENCING FOR ALCOHOL-RELATED CRIMES
10:23:34 AM
SENATOR McGUIRE announced the consideration of SB 36.
10:24:05 AM
SENATOR FRENCH made a motion to adopt a committee substitute
(CS) labeled, 25-LS0282\C, Luckhaupt, as a work draft. Hearing
no objection, version C was before the committee.
SENATOR THERRIAULT explained that Chair McGuire had supported
including therapeutic courts if the space was available.
DAVE STANCLIFF, staff to Senator Therriault, said the new
language begins on pages 3, line 30. It "allows that option to
be considered in lieu of an alcohol ban based on the idea that
therapy, when it's available, certainly should be considered
before something as serious as a ban, perhaps." He said
prosecutors and judges would have to agree.
10:25:42 AM
CHAIR McGUIRE said her inclination toward the bill is negative,
because alcoholism is a disease. When it is an underlying part
of a serious crime, society must respond, "but my concern is
adding on another felony, another felony, another felony…and
where does that take us as a society? Do we ever break the cycle
or not?" She will accept this compromise, she stated. A
compelling argument was the type of individual in a village who
displays Jeckel and Hyde characteristics with very serious
offenses under the influence of alcohol, that the law might be a
tool to have a trooper intervene before the alcohol influence
occurred. In a town like Anchorage, she worries about abuse.
What she doesn't want to see is a police officer with a vendetta
following around an individual in an attempt to get him or her
back in jail on a felony. Alcoholism is terrible, but charging
people with more felonies might not be the answer. "The more we
can do in terms of therapeutic courts and trying to get these
folks to get off the alcohol, I think the better off we're going
to be as a society."
10:28:31 AM
SENATOR FRENCH moved to report the CS for SB 36, labeled 25-
LS0282\C, from committee with individual recommendations and
attached fiscal note(s). Hearing no objection, CSSB 36(STA)
moved from committee. He made a motion for a letter of intent to
be moved to the next committee as well, without objection.
There being no further business to come before the committee,
Chair McGuire adjourned the meeting at 10:29:19 AM.
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