04/16/2009 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB189 | |
| HB19 | |
| HB106 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 189 | TELECONFERENCED | |
| + | HB 19 | TELECONFERENCED | |
| + | HB 106 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
April 16, 2009
9:14 a.m.
MEMBERS PRESENT
Senator Linda Menard, Chair
Senator Kevin Meyer, Vice Chair
Senator Hollis French
Senator Albert Kookesh
Senator Joe Paskvan
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 189
"An Act relating to misconduct involving weapons in the third
degree."
HEARD AND HELD
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 19(L&C)
"An Act exempting the state and its political subdivisions from
daylight saving time; and providing for an effective date."
MOVED CSHB 19(L&C) OUT OF COMMITTEE
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 106(STA)(TITLE AM)
"An Act relating to grants to nonprofit regional corporations,
and, in certain situations, to municipalities with populations
of less than 10,000, for village public safety officers in rural
areas; defining 'rural area' for the purpose of the village
public safety officer program; and authorizing municipalities to
accept grants under, and contract with respect to, the village
public safety officer program."
MOVED CSHB 106(STA)(TITLE AM) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 189
SHORT TITLE: CONCEALED WEAPON: PARDONS/SIS
SPONSOR(S): SENATOR(S) HUGGINS
04/09/09 (S) READ THE FIRST TIME - REFERRALS
04/09/09 (S) STA, JUD
04/16/09 (S) STA AT 9:00 AM BUTROVICH 205
BILL: HB 19
SHORT TITLE: ELIMINATE DAYLIGHT SAVING TIME
SPONSOR(S): REPRESENTATIVE(S) FAIRCLOUGH
01/20/09 (H) READ THE FIRST TIME - REFERRALS
01/20/09 (H) CRA, L&C
01/20/09 (H) PREFILE RELEASED 1/9/09
03/03/09 (H) CRA AT 8:00 AM BARNES 124
03/03/09 (H) Heard & Held
03/03/09 (H) MINUTE(CRA)
03/12/09 (H) CRA AT 8:00 AM BARNES 124
03/12/09 (H) Moved Out of Committee
03/12/09 (H) MINUTE(CRA)
03/13/09 (H) DP: HERRON
03/13/09 (H) NR: GARDNER, KELLER, MUNOZ
03/13/09 (H) CRA RPT 1DP 3NR
03/16/09 (H) L&C AT 3:15 PM BARNES 124
03/16/09 (H) Moved CSHB 19(L&C) Out of Committee
03/16/09 (H) MINUTE(L&C)
03/18/09 (H) L&C RPT CS(L&C) NT 1DP 6NR
03/18/09 (H) NR: LYNN, BUCH, NEUMAN, HOLMES,
CHENAULT, OLSON
03/18/09 (H) DP: COGHILL
03/27/09 (H) VERSION: CSHB 19(L&C)
03/27/09 (H) TRANSMITTED TO (S)
03/30/09 (S) READ THE FIRST TIME - REFERRALS
03/30/09 (S) STA, CRA, L&C
04/16/09 (S) STA AT 9:00 AM BUTROVICH 205
BILL: HB 106
SHORT TITLE: VILLAGE PUBLIC SAFETY OFFICERS
SPONSOR(S): REPRESENTATIVE(S) JOULE
02/02/09 (H) READ THE FIRST TIME - REFERRALS
02/02/09 (H) CRA, STA
02/26/09 (H) CRA AT 8:00 AM BARNES 124
02/26/09 (H) Moved CSHB 106(CRA) Out of Committee
02/26/09 (H) MINUTE(CRA)
02/27/09 (H) CRA RPT CS(CRA) NT 6DP 1NR
02/27/09 (H) DP: CISSNA, HARRIS, GARDNER, MILLETT,
HERRON, MUNOZ
02/27/09 (H) NR: KELLER
04/09/09 (H) STA AT 8:00 AM CAPITOL 106
04/09/09 (H) Heard & Held
04/09/09 (H) MINUTE(STA)
04/11/09 (H) STA AT 8:00 AM CAPITOL 106
04/11/09 (H) Moved CSHB 106(STA) Out of Committee
04/11/09 (H) MINUTE(STA)
04/13/09 (H) STA RPT CS(STA) NT 7DP
04/13/09 (H) DP: JOHNSON, GATTO, SEATON, GRUENBERG,
WILSON, PETERSEN, LYNN
04/14/09 (H) TRANSMITTED TO (S)
04/14/09 (H) VERSION: CSHB 106(STA)(TITLE AM)
04/15/09 (S) READ THE FIRST TIME - REFERRALS
04/15/09 (S) STA, FIN
04/16/09 (S) STA AT 9:00 AM BUTROVICH 205
WITNESS REGISTER
SHARON LONG, Staff
to Senator Charlie Huggins
Alaska State Legislature
Juneau AK
POSITION STATEMENT: Presented SB 189 on behalf of the sponsor.
JERRY LUCKHAUPT, Attorney
Legislative Legal Services
Juneau AK
POSITION STATEMENT: Answered questions regarding SB 189.
BRIAN JUDY, Alaska Liaison
National Rifle Association
Anchorage AK
POSITION STATEMENT: Spoke in support of SB 189.
CARL THOMAS
Anchorage AK
POSITION STATEMENT: Spoke in support of SB 189.
CRYSTAL KOENEMAN, Staff
to Representative Anna Fairclough
Alaska State Legislature
Juneau AK
POSITION STATEMENT: Presented HB 19 on behalf of the sponsor.
REPRESENTATIVE ANNA FAIRCLOUGH
Alaska State Legislature
Juneau AK
POSITION STATEMENT: Presented HB 19.
WAYNE STEVENS, President and CEO
Alaska State Chamber of Commerce
Juneau AK
POSITION STATEMENT: Spoke in opposition to HB 19.
THOMAS CARBENDER, Resident
North Pole AK
POSITION STATEMENT: Spoke in support of HB 19.
BOB TOBEY, Small business owner
Copper Center AK
POSITION STATEMENT: Spoke in opposition to HB 19.
PAULA RAK, Self
Wrangell AK
POSITION STATEMENT: Spoke in opposition to HB 19.
LYNN WILLIS, Self
Eagle River AK
POSITION STATEMENT: Spoke in support of HB 19.
JIM ADAMS, Self
Nome AK
POSITION STATEMENT: Spoke in support of HB 19.
FAITH BARNES, Self
Cordova AK
POSITION STATEMENT: Spoke in support of HB 19.
REPRESENTATIVE REGGIE JOULE
Alaska State Legislature
Juneau AK
POSITION STATEMENT: Presented HB 106 as sponsor.
ELIZABETH HENSLEY, Intern
for Representative Joule
Alaska State Legislature
Juneau AK
POSITION STATEMENT: Provided information related to HB 106.
MIKE SMITH
Tanana Chiefs Conference
Fairbanks AK
POSITION STATEMENT: Spoke in support of HB 106.
COMMISSIONER JOE MASTERS
Department of Public Safety (DPS)
Anchorage AK
POSITION STATEMENT: Spoke in support of HB 106.
ACTION NARRATIVE
9:14:00 AM
CHAIR LINDA MENARD called the Senate State Affairs Standing
Committee meeting to order at 9:14 a.m. Senators French,
Kookesh, Meyer, and Menard were present at the call to order.
Senator Paskvan arrived soon thereafter.
SB 189-CONCEALED WEAPON: PARDONS/SIS
9:15:12 AM
CHAIR MENARD announced the consideration of SB 189.
9:15:31 AM
SHARON LONG, Staff to Senator Charlie Huggins, Alaska State
Legislature, said SB 189 allows felons who have received a
pardon or a set-aside after a suspended imposition of sentence
(SIS) to possess concealed firearms with no restrictions. There
are many citizens who have faltered in the past, paid their debt
to society, and turned their lives around. We acknowledge their
rehabilitation and welcome them back. Sometimes felons only have
partially-restored civil rights. Some go through an arduous
clemency process and receive a pardon. "Others, due to youthful
indiscretions and other mitigating factors, are deemed by the
courts to be worthy of an SIS and receive a set-aside." It is to
the few who are worthy of a pardon or SIS to whom this
legislation is directed. The intention is for these individuals
to regain their right to bear arms.
9:17:00 AM
CHAIR MENARD surmised that the bill will allow people who have
received pardons and set-asides under Alaska law to possess guns
under federal law.
MS. LONG said, "That was the instructions to the drafters." Mr.
Luckhaupt is here, and he understands how federal and state laws
intertwine, and how they have, in some places, conspired to
prevent people with pardons in Alaska from regaining their
concealed weapons rights.
JERRY LUCKHAUPT, Attorney, Legislative Legal Services, said the
intent is to resolve the U.S. Supreme Court case that said a
restriction under state law prevents a felon, who has received a
restoration of rights, from possessing firearms. He spoke with
someone in the hall and "they now believe that this doesn't do
that even though this was something they seemed to think would
work." Last year Mr. Luckhaupt spoke with ATF [Bureau of
Alcohol, Tobacco, and Firearms], and "this seemed to satisfy
their concerns." "I guess that's something we'll explore."
9:19:41 AM
SENATOR FRENCH said he has filed a bill on this general topic.
It is one of the more mystifying and difficult areas of the law
to work through. He appreciates the expertise of Mr. Luckhaupt
and the NRA [National Rifle Association]. It is important to get
it right the first time. He asked if he could get a letter from
ATF or from the relevant federal authorities for guidance.
9:20:58 AM
MR. LUCKHAUPT said ATF was not willing to put anything on paper
last year. It seems to be a floating standard. There are
different views on how the law will be interpreted. It would be
worth the effort to contact ATF for some answers. "But as of
now, we don't have any definitive answers; we're just kind of
left trying to interpret what they may do." Senator French's
bill and this bill meet Caron [Caron v. United States]. "Senator
Huggins's bill restricts where they're going to the people who
receive pardons and set-asides and not for the 10-year lapse of
time felons. And your bill reaches all of them." It is
attempting to meet Caron for all felons in Alaska.
SENATOR FRENCH asked if Mr. Luckhaupt can go to the relevant
passage in Caron and give it to the committee. Is there one
little part that explains the legal problem?
MR. LUCKHAUPT said Caron dealt with a Massachusetts law that
permitted felons to possess long guns but not handguns. Caron
was not a good person. He had various run-ins with the law over
30 years. The federal government got word that he had long guns.
Under federal law he wasn't entitled to possess any guns.
Massachusetts law did not allow felons to ever have the right to
possess handguns except on their own property. The federal
government said that prevents him from receiving his rights to
generally possess firearms. Federal law allows felons to get
their federal rights back once the state has restored their full
and complete rights -- with no restrictions. The way most states
do it, including Alaska, is to provide restoration rights to
people who receive a pardon or a set-aside, "but we also, by
lapse of a period of time, give felons their rights back."
That's what happened in Massachusetts, but it was limited to
long guns. The U.S. Supreme Court said that because it was not a
full and complete restoration of rights, a felon's right to
possess handguns was limited, therefore there isn't a
corresponding right under federal law.
9:25:19 AM
SENATOR FRENCH said that seems to be the question: "Whether or
not you've had a full and complete restoration of your rights."
The NRA stance is that any restriction under state law is going
to trigger a ban under federal law. Is that where we are?
MR. LUCKHAUPT said, "I think that's where they are, and I don't
read Caron that far." But people can differ.
CHAIR MENARD said she wants to work on this next year due to
time constraints.
9:26:40 AM
BRIAN JUDY, Alaska Liaison, National Rifle Association,
Anchorage, said it is the existing policy in Alaska to provide a
restoration of rights to these individuals - either through a
pardon, set-aside, or through the lapsing of a significant
amount of time. The federal government recognizes that
restoration. The key is that it has to be a complete
restoration, and there have been court cases since the Caron
decision and interpretations by the ATF and the FBI. According
to the NRA, if these individuals don't have the exact rights of
other individuals, it isn't a full and complete restoration for
the purposes of federal law. This bill will go part of the way
for those with pardons and set-asides. Although it is state
policy for rights to be restored after a ten-year lapse, they
would clearly not have their rights restored under this bill.
NRA attorneys look at it as incomplete because it remains an
affirmative defense. It's presumptively illegal for these people
to have a handgun, and they will have to mount the defense. They
can be arrested, incarcerated, and then have to defend
themselves. That doesn't happen to other individuals, so it
isn't a complete restoration of rights. NRA supports the concept
of the bill, but it doesn't go as far as intended.
9:29:09 AM
SENATOR FRENCH said it is sticky. There are two prohibitions
regarding a felon's handgun rights. "One is subsection 1 of the
statute that we're amending," which says a person can't
knowingly possess a firearm capable of being concealed -- a
handgun. "That would be a handgun in your home." "The subsection
that we're amending, though, is different from that one. It says
you can't knowingly possess a firearm that is concealed on your
person." How does fixing the concealed gun statute cure the
problem if there is a parallel, broader statute?
MR. JUDY said that is a good question. NRA believes that is the
problem. Addressing the affirmative defense for carrying a
concealed gun goes part of the way. Not only does that need to
be addressed, but "you also need to change the affirmative
defense to and exception for the carrying concealed prohibition
and for that separate mere possession of a handgun." There are
two separate offences and two sections providing affirmative
defenses. The affirmative defense for the concealed gun is more
extensive, but unless the conditions are narrowed and it is
changed from an affirmative defense, it is not a full and
complete restoration.
9:31:39 AM
CHAIR MENARD said she wants to take the time to get it right.
CARL THOMAS, representing himself, said he supports SB 189. He
was convicted of a nonviolent felony. His rights were restored
in every way except when he attempted to buy a new firearm. He
was denied by [indecipherable] after voluntary appeals to them.
The reason he was denied the right to buy a firearm was case
law: Caron v. United States. Alaska state law restricts what a
felon can possess, so he is considered to be federally
prohibited. Since his case was set aside and all rights
restored, he should be able to purchase firearms. It is an
infringement of his rights.
CHAIR MENARD held over SB 189.
HB 19-ELIMINATE DAYLIGHT SAVING TIME
9:33:45 AM
CHAIR MENARD announced the consideration of HB 19. [CSHB 19(L&C)
was before the committee.]
CRYSTAL KOENEMAN, Staff to Representative Anna Fairclough,
Alaska State Legislature, said HB 19 eliminates daylight-saving
time (DST) in Alaska. She has been doing research and has had
discussions with constituents and the people of Alaska. There
are health, safety, and annoyance issues associated with DST.
REPRESENTATIVE ANNA FAIRCLOUGH, Alaska State Legislature,
sponsor of HB 19, said some say that this is a frivolous issue
to take up at this time. She waited two years to bring the bill
forward. She has many constituents who are very concerned. She
referred to a letter she sent out to those on both sides of the
issue. Polls show that Alaskans support the repeal of DST. The
Alaska State Chamber of Commerce did a poll that showed the
opposite. Businesses are against the repeal. She found that
there are geographic differences in the answers. But there have
been two statewide surveys that say most Alaskans support the
repeal. Daylight and dusk doesn't mean a lot to many Alaskans
for most of the year. In Nome it takes ten days to make up that
hour that we jump forward. In Juneau it takes 13 days, and in
Seattle it takes a little more. "We've come a long way since we
argued about wax and wicks in World War I," or since Benjamin
Franklin spoke about being able to manipulate energy consumption
and save wax and wicks. "We have air conditioners that run in
the evening now, and cooling systems that are much different in
energy consumption." Alaskans believe that technology is there
to help with the challenges that businesses think they will face
by repealing DST. Schools don't support DST. Over 500 people
responded to her with emails. Schools were disadvantaged for two
to ten days with increased restlessness; teachers told her that
test scores change; and school boards are taking up the issue
throughout Alaska. They are trying to figure out if they can
take formal positions. "Wrangell is in opposition, and Wrangell
is located in Southeast."
9:39:37 AM
REPRESENTATIVE FAIRCLOUGH said there are workforce safety
issues. The Anchorage Police Department said "the hour increase
does reduce accidents on our road because of the transportation,
and conversely, in the fall, it goes back up when we plunge
people back into darkness." She asked Chugach Electric if usage
went up or down. Only looking at one year, energy consumption
did go down the weekend following DST, but it went up the
following weekend. Weather was a bigger factor. The best reason
for stopping this madness of flipping clocks and wasting
people's time is health. The New England Journal of Medicine in
March, 2009, noted that heart attacks increase the first three
to five days by five percent "when we jump on to daylight-saving
time." Everyone enjoys the extra hour of sleep a lot more than
losing it. A 2008 study in Germany found that there is a
sensitivity to time changes for those who have seasonal
affective disorder or depression. It is like jet lag, which
takes its toll on the body, "but you actively choose to do that
and you know that you need to get more sleep so you either fly
in early or you make up that sleep at another point." But one's
health is put at risk. Doctors say that youth have a harder time
with the circadian rhythm readjustment. Their hypothalamus is
not fully developed.
9:42:46 AM
REPRESENTATIVE FAIRCLOUGH said there are genuine concerns in
business and industry. The best argument is the inconsistency of
time "if we were off and the rest of the nation was on." This is
a three step process, and the committee has what Representative
Fairclough believes is the right first step: having Alaskans
stop risking their health and just staying on a consistent time.
Hawaii and Arizona are not on DST. Indiana just went on DST and
had $9 million in increased energy use. The second step will be
a resolution asking the federal government to stop the madness.
The third step will be introduced today. It will consider time
zones. Western Alaska is at a disadvantage. When it is high noon
there, the clocks say 3:00 p.m. It's not healthy.
CHAIR MENARD said she works in the dental field, and often has
to contact the East Coast during the day. It makes it difficult
when seeing an emergency patient, and the East Coast offices are
closed by 1 p.m. Alaska time. This bill would add another hour.
9:45:24 AM
REPRESENTATIVE FAIRCLOUGH said she worked in retail management
for years, and she was in contact with the East Coast. She asked
businesses what time they start work. Typically staff come in at
about 8 o'clock. Every time she called the East Coast at that
time, people were out to lunch. A four-hour difference would run
into their lunch time. "I understand that we would have to
recognize seven months of the year we would be four hours off
and five months of the year we would be four hours off." That is
why it is a three step process. This should be the first step
for health reasons.
SENATOR MEYER asked why this was done. "Was it for the farmers
so they'd have more time out in the fields?"
REPRESENTATIVE FAIRCLOUGH said the history is in the packet. In
World Wars I and II, America was faced with energy shortages. By
going "dark" we could save money. Farmers were brought into it,
but the farming community has been in opposition for years. The
cows have to be milked when the cows have to be milked, and
jumping the clocks doesn't work.
SENATOR MEYER said he grew up on a farm and never knew why the
farmers got credit for daylight savings. It is more confusing to
have the time difference vary from four hours to five hours.
9:48:33 AM
REPRESENTATIVE FAIRCLOUGH said, "If you deal with Arizona or
Hawaii, it's already happening." It depends on how much someone
deals with marketers. "You still would have three hours to
communicate." They are the same three hours because they are out
to lunch. It is confusing. "They would spring forward; we would
not." More Alaskans would live, and that's a good thing.
WAYNE STEVENS, President and CEO, Alaska State Chamber of
Commerce, said there will be unforeseen economic difficulties
associated with the passage of HB 19. The state chamber supports
any proposal to eliminate DST at the federal level, because that
would maintain the current differentiation in time zones across
the United States. Passage of HB 19 should be postponed until
there is an exploration of the economic effects on Alaska's
businesses. Eliminating DST will disadvantage Alaska businesses
by reducing the number of hours to interface with business
partners, advisors, customers, and suppliers for a substantial
portion of the year. Private and public finance entities will
obviously be negatively affected. Digital technology is
programmed for daylight savings, and Alaska would have the cost
of synchronizing. Alaskans must be assured that vendors would be
willing to provide program patches in a timely manner to all
equipment and devices, like cell phones, medical equipment, and
others that adjust automatically to DST.
9:52:11 AM
THOMAS CARBENDER, North Pole, said he figures Alaska has DST
because "the folks in Washington DC would like to get in an
extra nine." Most electronic devices have a checkbox for DST, so
the electronics issue is moot. A website gives plenty of reasons
why Alaska shouldn't have daylight savings, and Ms. Koeneman
presented most of them. DST is now two weeks earlier, so the
older electronics don't even work. The House [of
Representatives] has spent a great deal of time on DST, and the
conclusion is that Alaska doesn't need it. The Senate has to
have three hearings, and so go ahead and hold the other two
hearings to get this to the Senate floor for a vote. Most people
in Alaska see DST as a pain. "Twice a year you have to fight the
clocks and try to figure out what to do and not to mention the
health risks and everything else."
BOB TOBEY, small business owner, Copper Center, said he lives in
rural Alaska and opposes this bill. This will put Alaska behind
the East Coast for half of the year. As a business owner that
deals with East Coast distributers, this will cost time, money,
and convenience. The added delay to the Lower 48 also increases
the difficulty in communications with family and friends.
Outside travel and connections become more difficult. "We should
not increase our isolations by adding another hour delay." He
remember the difficulties in the 1970s when Alaska was one to
four hours off of the time in the Lower 48. Health studies only
look at the impacts on one day a year. What about the health,
cost, and inconvenience many Alaskans will have on a much more
frequent basis when conducting business? A detailed study of the
real costs to Alaskans will likely find it to be overwhelming
negative and far outweigh the brief benefit of one hour of extra
sleep. He supports one time zone, and it would be far better to
stay on DST so at least for half of the year Alaska would only
be separated from the East Coast by three hours.
9:56:59 AM
PAULA RAK, Wrangell, said she is opposed to HB 19 as she has
been every time it comes up. When Alaska first switched from
four time zones to one, Southeast Alaska compromised by losing
the extra hour of daylight in the evening so it could be on the
same time zone as Anchorage. "We're not happy about it, but,
none-the-less, that's the way it is." If DST were eliminated it
would be as if the Railbelt area were on its original time zone,
and Southeast would be two hours off -- "we like being on
Pacific Standard time." The bill reneges on a deal that was made
years ago. The trend in the states is to have DST. Arizona is
the only state left that doesn't have it. DST has been
lengthened by starting earlier. She has heard that people want
to eventually stay in one time zone all year round and - [she
was told to wrap it up]. It is a lifestyle issue. "We would gain
an hour in the morning before work when we couldn't use it. The
kids would lose an hour of play time after school; we'd all lose
an hour of fishing time after work. It's just not worth the
inconvenience."
9:59:54 AM
LYNN WILLIS, Eagle River, said he has no financial interest in
this bill, but he strongly supports HB 19. Alaska's population
is 683,000, and they depend on knowing the time of day, and
their lives are impacted by DST. There ought to be a clear and
compelling reason to keep a law that has such impact. It is not
energy savings or public safety. Department of Transportation
data showed that vehicle accidents in 2009 decreased following
the onset of DST with the caveat that it was dependent on the
weather. When sunset is delayed, sunrise is delayed. Making it
safer for outdoor activity in the evening makes the same
activities less safe the next morning. "Is the clear and
compelling reason public health? No." DST forces a change to our
internal clocks like traveling between time zones. Recent
studies are quantifying the affects of sleep disturbance, and
they show an increase in health problems attributable to the
onset of this jetlag-like sleep disturbance. DST is not
necessary for commerce. Alaska business has relations with
Pacific Rim nations, Hawaii, Arizona, and Saskatchewan, none of
which use DST. The permanent two-hour difference between Alaska
and the Pacific Coast was reduced to one hour with the creation
of the current Alaska time zone. Communication technology allows
commercial transactions "24-7." Personal convenience is not a
compelling reason to mandate use of DST by every Alaskan. DST is
not popular with Alaskans. A clear majority either favor the end
of DST or have no opinion. Four previous bills calling for the
repeal of DST and a bill calling for a statewide referendum have
been blocked in various committees. He read a letter from the
newspaper. "They say they support the repeal. A lack of sleep
may be to blame for the Swedish study that says there's an
increase in heart attacks cited in the Readers Digest." For
elderly people, they found that it aggravated their health
problem. "You owe these people an explanation if you oppose HB
19."
10:03:04 AM
JIM ADAMS, Nome, urged support for HB 19. Many people turn the
heat down at night, and if the clock is moved up, they have to
turn their heat up sooner. He was on a cruise ship, and when the
captain announced they were going off DST, everyone cheered.
FAITH BARNES, Cordova, said she is in favor of HB 19. Time
change contributes to sleep disturbance, depression, and obesity
in children and adults. A person who already has a hard time
sleeping will have difficulty changing time - it's just another
obstacle to overcome. Lack of sleep contributes to depression
and that can contribute to eating disorders. Health should come
before business. Alaska should do what is best for its people
and be a leader and not a follower.
SENATOR MEYER said the bill has a few more committees, so he
would like it moved. He moved to report CSHB 19(L&C) from
committee with individual recommendations and attached fiscal
note(s). There being no objection, the motion carried.
The committee took a brief at-ease.
HB 106-VILLAGE PUBLIC SAFETY OFFICERS
10:06:59 AM
CHAIR MENARD announced the consideration of HB 106. [CSHB
106(STA) (Title AM) was before the committee.]
10:07:06 AM
REPRESENTATIVE REGGIE JOULE, Alaska State Legislature, said he
has worked for some time on HB 106. Alaska's regional nonprofits
contract with the Department of Public Safety (DPS) to provide
village public safety officer (VPSO) services around much of
rural Alaska. In his area, the Northwest Arctic Borough (NWAB),
the regional nonprofit that runs the VPSO program had an
interest in allowing NWAB to run the program. The borough was
willing to take it, but current law prohibits that. HB 106
allows a nonprofit, with agreement with DPS, to decline a grant
and then the commissioner can provide the grant to a
municipality. This would only occur after the regional nonprofit
declines to administer the grant. This is not intended to take
away from the regional nonprofits.
CHAIR MENARD said she has a soft heart for nonprofits, and this
is good for the western region.
10:10:28 AM
SENATOR FRENCH said he was on a VPSO task force. It is a program
that needs strengthening, and he is in complete support. He
asked if there are municipalities that are ready to go, or is
this a structure for the future.
ELIZABETH HENSLEY, Intern for Representative Joule, said the
NWAB is prepared to take on the program. There will be
additional discussions and work with the commissioner.
SENATOR FRENCH asked if the NWAB would be viewed as a
municipality.
MS. HENSLEY said, yes, the definition of municipalities includes
five different statuses of cities and boroughs.
10:12:09 AM
SENATOR PASKVAN mentioned the issue of the municipality having
or not having police powers. He asked if accepting the grant
creates a police power that hasn't been accepted by the
municipality.
MS. HENSLEY said the intent is to provide VPSOs in villages
where there are no police or other public safety officials. The
definition of rural area would help with that. It relates to who
can receive a VPSO; they have to be in a rural area. Boroughs
that use their police powers don't use VPSOs. For example, the
North Slope Borough would qualify as a municipality that could
receive a grant because the population is less than 10,000, but
they wouldn't go for it because they are already using their
policing powers.
10:13:53 AM
MIKE SMITH, Tanana Chiefs Conference, Fairbanks, said the
conference runs the VPSO in the Interior, and originally had
concerns with the bill. He thanked Representative Joule for the
changes. Now the conference supports the bill.
SENATOR MEYER said HB 106 is an excellent idea.
COMMISSIONER JOE MASTERS, Department of Public Safety (DPS),
said he worked closely with Representative Joule. The bill will
allow the DPS to contract with a borough when it is less than
optimum for a nonprofit to administer the VPSO program. It is in
the best interest of the state to have the most suitable agency
administer the program to make it most effective. DPS supports
HB 106.
10:15:55 AM
SENATOR FRENCH moved to report CS for HB 106 from committee with
individual recommendations and attached fiscal note(s). There
being no objection, CSHB 106(STA) (Title AM) moved out of
committee.
10:16:28 AM
CHAIR MENARD adjourned the committee at 10:16 am.
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