03/13/2014 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearings | |
| SB116 | |
| SJR26 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | SJR 17 | TELECONFERENCED | |
| *+ | SB 116 | TELECONFERENCED | |
| *+ | SJR 26 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
March 13, 2014
9:01 a.m.
MEMBERS PRESENT
Senator Fred Dyson, Chair
Senator Cathy Giessel, Vice Chair
Senator John Coghill
MEMBERS ABSENT
Senator Bert Stedman
Senator Bill Wielechowski
COMMITTEE CALENDAR
CONFIRMATION HEARINGS
State Board of Parole
Lonzo Henderson
- CONFIRMATION ADVANCED
SENATE BILL NO. 116
"An Act relating to service of citations; amending Rule 3(f),
Alaska Rules of Minor Offense Procedure; repealing Rule 3(g),
Alaska Rules of Minor Offense Procedure; and providing for an
effective date."
- MOVED CSSB 116(STA) OUT OF COMMITTEE
SENATE JOINT RESOLUTION NO. 26
Recognizing June 14, 2014, as the 60th anniversary of the first
recital of the United States Pledge of Allegiance with the words
"under God."
- MOVED SJR 26 OUT OF COMMITTEE
SENATE JOINT RESOLUTION NO. 17
Urging the United States Department of State to consider the
priorities of the state while it holds the position of chair of
the Arctic Council; requesting that the United States Department
of State work in partnership with state officials to appoint a
chair of the Arctic Council; and supporting the strategic
recommendations of the January 30, 2014, preliminary report of
the Alaska Arctic Policy Commission.
- BILL HEARING POSTPONED
PREVIOUS COMMITTEE ACTION
BILL: SB 116
SHORT TITLE: SERVICE OF CITATIONS
SPONSOR(s): SENATOR(s) EGAN
01/22/14 (S) PREFILE RELEASED 1/17/14
01/22/14 (S) READ THE FIRST TIME - REFERRALS
01/22/14 (S) STA
03/13/14 (S) STA AT 9:00 AM BUTROVICH 205
BILL: SJR 26
SHORT TITLE: PLEDGE OF ALLEGIANCE
SPONSOR(s): SENATOR(s) COGHILL
02/21/14 (S) READ THE FIRST TIME - REFERRALS
02/21/14 (S) STA
03/13/14 (S) STA AT 9:00 AM BUTROVICH 205
WITNESS REGISTER
LONZO HENDERSON, Appointee
Alaska Board of Parole
Alaska Department of Corrections
Anchorage, Alaska
POSITION STATEMENT: Addressed his reappointment to the Alaska
Board of Parole.
SENATOR DENNIS EGAN
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 116.
JESSE KIEHL, Staff
Senator Egan
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided an overview of SB 116.
SCOTT BLOOM, City Attorney
City of Kenai
Kenai, Alaska
POSITION STATEMENT: Supports SB 116.
MATT MUSSLEWHITE, Director
Animal Control and Protection
Juneau, Alaska
POSITION STATEMENT: Supports SB 116.
RYNNIEVA MOSS, Staff
Senator Coghill
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided an overview of SJR 26.
ACTION NARRATIVE
9:01:37 AM
CHAIR FRED DYSON called the Senate State Affairs Standing
Committee meeting to order at 9:01 a.m. Present at the call to
order were Senators Giessel, Coghill, and Chair Dyson.
^CONFIRMATION HEARINGS
CONFIRMATION HEARINGS
State Board of Parole
9:02:24 AM
CHAIR DYSON welcomed Mr. Henderson and asked if his designation
to the Alaska Board of Parole (ABP) is a reappointment.
9:02:52 AM
LONZO HENDERSON, Appointee, State Board of Parole, Alaska
Department of Corrections, Anchorage, Alaska, answered that he
is seeking reappointment to ABP.
CHAIR DYSON asked Mr. Henderson to explain what ABP does, their
mission, and how he will approach his appointment.
MR. HENDERSON replied the ABP has authority under Title 33,
which gives ABP the authority by the governing body in Juneau.
ABP has releasing authority for individuals who have been
sentenced by the courts to a period of incarceration. He
explained that ABP will consider parole for individuals who have
served a portion of their term, unless courts have deemed an
individual as inappropriate for parole consideration. ABP takes
a look at an individual's application in conjunction with staff
recommendations from the institutional probation offices and
other treatment providers. ABP considers what the person has
done in the institution to make themselves more valuable for
rehabilitation and reentry into a society. He noted that the
courts' sentencing criteria uses isolation, deterrence, and
reaffirmation of societal norms. He pointed out that ABP's role
addresses the reaffirmation of societal norms where people have
completed programs, are doing well, and have a release plan that
is conducive to rehabilitation to reentry into society.
9:04:45 AM
CHAIR DYSON asked to address ABP's role in evaluating the
potential risk to public safety from recidivism.
MR. HENDERSON answered that ABP uses various evaluation
assessments to ensure that needs are addressed in order for an
individual to be a productive member of society.
9:06:34 AM
CHAIR DYSON asked about an individual's rights being restored
where the process is based upon a recommendation from ABP and
the Governor's approval.
MR. HENDERSON replied that Chair Dyson may be referring to the
clemency process which is different from the parole process. He
noted that the Governor's Office is working on reinstating the
clemency process for individuals to have privileges reinstated
for certain positions.
9:10:44 AM
CHAIR DYSON asked how much time ABP requires from Mr. Henderson.
MR. HENDERSON answered that his responsibility is part-time and
his commitment is approximately 150 to 180 days per year.
CHAIR DYSON asked if Mr. Henderson would like to summarize.
MR. HENDERSON revealed that during his tenure as chairman, ABP
has been working with a consultant to update the board's
policies and regulations in conjunction with the Governor's
initiative. He informed the committee that ABP has developed a
mission statement that focuses on preparing offenders for
success. He asserted that ABP is enhancing and improving the
parole process.
9:13:31 AM
CHAIR DYSON asked if there was an objection. He announced that
no objection was noted and read a statement as follows:
In accordance with Article 3, Section 25 of the Alaska
Constitution, AS 39.05.080, the State Affairs
Committee reviewed the following and recommended the
appointment be forwarded to the Joint Session for
reappointment to the State Board of Parole, Lonzo
Henderson. This does not reflect the intent of any of
the members to vote for or against the confirmation of
the individual during further sessions.
9:14:07 AM
CHAIR DYSON announced that the committee will stand at ease.
SB 116-SERVICE OF CITATIONS
9:14:43 AM
CHAIR DYSON called the committee back to order. He announced the
consideration of SB 116. He said the committee will accept as a
working document, committee substitute (CS) for SB 116, labeled
28-LS0826\C.
9:15:14 AM
SENATOR EGAN, sponsor of SB 116, Alaska State Legislature,
Juneau, Alaska, explained that the bill corrects an unintended
consequence of a good bill passed in 2010. He specified that in
March 2013, the courts implemented the law and it stopped, for
example, law enforcement from leaving a ticket under the
windshield wiper of a car. To keep enforcing local laws, many
municipalities went to simple violations for just a minor
offense and that has its own problems and it wasn't available to
state law enforcement at all. He said SB 116 lets law
enforcement go back to where it was this time last year where a
parking ticket can go under a car's windshield wiper.
9:16:46 AM
JESSE KIEHL, Staff, Senator Egan, Alaska State Legislature,
Juneau, Alaska, said the 2013 court rule that was adopted in
April had the effect of stopping the court system from
processing any citation that an officer did not personally
serve. He explained that "personally serve" was defined to mean
face-to-face on the person charged with the offence. He noted
that the bill that passed in 2010 was meant to address moving
violations, minor consuming, and more serious law infractions.
He said municipalities that had chosen not to make things like
parking tickets civil violations, ultimately had to do so in
order to keep enforcing their local laws for minor incidents and
infractions.
MR. KIEHL explained that civil citations meant fighting
citations through the municipality rather than the Alaska Court
System. He added that a second significant disadvantage with a
civil citation is the added cost for a municipality and law
enforcement in order to execute a judgment. He clarified that SB
116 does not force any municipality to change their choice to
make their violations civil.
9:19:44 AM
He addressed the new changes in the CS as follows:
On page 2, line 7, it simply corrects what I believe
is a typographical error in existing law that required
both a peace officer and someone else authorized by
law, code enforcement officer, animal officer, to
issue the citations; this would say either or whoever
wrote the citation must follow the rules. Page 2,
lines 7-8, this new subsection defines the limits on a
citation that can be either left on personal property
or served according to the civil rules. The change in
the CS would limit that to offenses that are
punishable by a fine of $500 or less.
MR. KIEHL said the bill's sponsor felt that infractions with
higher penalties required more due process than a normal ticket
where the citation could be mailed or left on personal property.
He added that in the CS on page 2, line 10, the citation would
have to be left in a conspicuous place. He specified that
infractions that might carry imprisonment must be served face-
to-face. He added that minor consuming and moving violations
also require citations to be served face-to-face.
9:23:02 AM
SENATOR COGHILL asked to clarify that the court rule was made
after the statute was passed under personally-served.
MR. KIEHL answered yes. He specified that the 2010 bill dealt
with a uniform statewide process for citations that required
citations be personally served. He explained that the Alaska
Court System in implementing the law in 2013 made clear that
personally-served meant serving citations face-to-face.
9:24:12 AM
SCOTT BLOOM, City Attorney, City of Kenai, Kenai, Alaska, stated
that Kenai supported SB 116 as amended and explained the issues
for the city by not being able to leave parking citations as
follows:
1. Public Safety: people ignored parking
restrictions.
2. Strain on Municipal Resources: police officers
were forced to track down drivers, boot vehicles,
or have vehicles towed.
3. Higher Parking Costs: Kenai would have to add
personnel to administrate parking.
CHAIR DYSON noted his appreciation for Senator Egan in bringing
the bill forward to solve the unintended problem.
9:27:19 AM
MATT MUSSLEWHITE, Director, Animal Control and Protection (ACP),
Juneau, Alaska, stated his support for SB 116. He said since the
implementation of the personal service requirement in April
2013, ACP has experienced a 48 percent reduction in the issuance
of minor offense citations; this requirement has also generated
a considerable increase in man-hours required per case. He noted
that an officer may need to visit a residence five or six times
in order to personally serve a $25 citation.
He said the implementation of the personal service rule has also
had a much larger consequence than just increased effort and
loss of citation revenue. Mandatory court appearance citations
that ACP issues for dangerous dog owners may go unissued simply
because the owner refuses to answer their door. He remarked that
it is hard to tell a dog attack victim that he cannot enforce
the laws without the violator's cooperation.
He summarized that the ability to leave a citation on the door
of a residence or by certified mail for a minor offense allows
his officers to devote more time and resources to investigate
more serious issues of animal cruelty, abuse, and neglect. He
set forth that SB 116 will provide law enforcement with the
tools to do their job efficiently and urged support for the
legislation.
9:28:59 AM
SENATOR GIESSEL moved from committee CS for SB 116, labeled 28-
LS0826\C, with zero fiscal note and individual recommendations.
9:29:15 AM
CHAIR DYSON announced that without objection, CSSB 116(STA) has
moved from the Senate State Affairs Standing Committee.
9:29:21 AM
CHAIR DYSON announced that the committee will stand at ease.
SJR 26-PLEDGE OF ALLEGIANCE
9:30:12 AM
CHAIR DYSON called the committee back to order and announced the
consideration of SJR 26.
9:30:22 AM
RYNNIEVA MOSS, Staff, Senator Coghill, Alaska State Legislature,
Juneau, Alaska, informed the committee that SJR 26 is a
resolution recognizing June 14, 2014 as the 60th anniversary of
the first recital of the United States Pledge of Allegiance
(USPA) with the words "under God." She continued to provide an
overview of SJR 26 as follows:
In the last year, 39 other states have passed
resolutions recognizing February 4, 2014 as the 60th
anniversary of the introduction of House Joint
Resolution 243, which is the resolution that was
signed by President Eisenhower and included "under
God" in the USPA.
It is true that the original pledge was written by a
minister in 1892 and the pledge was an allegiance to
"my Flag" and it was his hope that it would be used by
all nations to recognize their countries. But in 1923,
the words "The Flag of the United States" was added to
the pledge to make it more personal to people,
pledging allegiance to the United States and that
change was made at the National Flag Conference under
the leadership of the American Legion and the
Daughters of the American Revolution. It was not until
1954 that Congress incorporated what was viewed as the
missing-link to the USPA and this missing-link was
recognized by Homer Ferguson when he heard a sermon in
church that quoted the Gettysburg Address when Lincoln
referred to a nation under God, so he introduced SJR
26 and it was passed and signed by President
Eisenhower on June 14 in 1954, so this would be the
60th anniversary of the signing and right after the
signing the group recited the USPA using the words
"under God."
What I wanted to point out was that the USPA is not a
mundane verse that we recite, because we learned it in
school and we recited it every day in school. To me
the USPA reminds that we live in a country that does
not persecute us because we do pledge to preserve a
God given inherent right in this country and people
fought for that right. It reminds me that we are a
government of fifty individual states who are united
as a nation of free people. It reminds us that this
flag, Old Glory, has been carried through battle
fields and that blood has been shed of millions of
people to protect the freedom that we have to speak
our minds and to disagree with each other without the
threat of retaliation. It reminds us that people from
all over the world come to this country at great risk
to live the American dream. When I stand in the
gallery in the Senate Chambers and recite the USPA
with a room fool of citizens and Senators, what I hear
is a group of Americans united, indivisible, and
preserving this Republic and the God given rights our
Forefathers strived to preserve. This resolution is
yet one reminder that we are Americans united as one
nation, under God.
9:35:13 AM
MS. MOSS noted handing out a transcription to the committee
members from a Red Skelton performance where he had explained
the USPA, addressed the use of "under God," and noted his regret
should "under God" ever be eliminated from the USPA. She
revealed that the Massachusetts Supreme Court is reviewing a
case that was argued in September 2013 that challenges the use
of the words "under God." She summarized that SJR 26 is Senator
Coghill's way of bringing to light just how important the USPA
is and recognizing its significance.
SENATOR COGHILL said the anniversary for the USPA came to his
attention prior to the February 10 date and added that many
states have noted February 10 as the date to commemorate, but
USPA was first recited on June 14.
He read Section 3 from the Alaska Statehood Act as follows:
The Constitution of the State of Alaska shall always
be Republican in form and shall not be repugnant to
the Constitution of the United States and the
principals of the Declaration of Independence.
He set forth that the USPA is a reminder that the United States
is a republic. He remarked that many children struggle with the
difference between a republic and a democracy. He set forth that
USPA is a constant reminder of the Republic. He noted that the
Declaration of Independence is also based on the principals that
all men are created equal, but they are endowed by their creator
with certain unalienable rights. He added that at the very end
of the Declaration of Independence, the Founding Fathers pledged
their lives and their sacred honor, but with reliance with
divine providence.
9:38:09 AM
He called attention to a famous United States judge, Learned
Hand, and pointed out that he had been quoted more often than
any other lower-court judge. He read from one of Mr. Hand's
speeches as follows:
What do we mean when we say that we first seek
liberty? I often wonder whether we do not rest our
hopes too much upon constitutions, upon laws, and
courts. Believe me these are false hopes, liberty lies
in the hearts of men and women, when it dies there, no
constitution law or court can save it, no constitution
law or court can you do much to help it, while it lies
there it needs no constitution law or court to save
it. And what is this liberty which must lie in the
hearts of men and women? It is not the ruthless, the
unbridled will; it is not the freedom to do as one
likes. That is the denial of liberty and leads
straight to its overthrow. A society which men
recognize no check upon their freedom soon becomes a
society where freedom is the possession of only a
savage few, as we have learned to our sorrow.
SENATOR COGHILL explained that Mr. Hand goes on in his speech
that liberty really resides in the recognition that the U.S. is
a nation of faith. He continued to quote from Mr. Hand's speech
as follows:
The spirit of liberty is the spirit which weighs their
interests alongside its own without bias. The spirit
of liberty remembers that not even a sparrow falls to
earth unheeded; the spirit of liberty is the spirit of
him who, near two thousand years ago, taught mankind
that lesson it has never learned, but has never quite
forgotten.
He pointed out that Judge Learned Hand just wanted to remind us
of the history of those who have thought deeply and long about
the nation's heritage. He said USPA is a constant reminder that
makes us reach back and, at times, remind ourselves on a daily
basis. He set forth that SJR 26 will be one way for Alaskans to
commemorate the USPA.
9:40:28 AM
SENATOR GIESSEL moved to report from committee SJR 26 labeled
28-LS1268\N with zero fiscal note and individual
recommendations.
9:40:41 AM
CHAIR DYSON announced that without objection, SJR 26 passes out
of the Senate State Affairs Standing Committee.
9:41:02 AM
There being no further business to come before the committee,
Chair Dyson adjourned the Senate State Affairs Standing
Committee hearing at 9:41 a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB116-Sponsor Statement.pdf |
SSTA 3/13/2014 9:00:00 AM |
SB 116 |
| SB116-Legislation - Version 28-LS0826N.pdf |
SSTA 3/13/2014 9:00:00 AM |
SB 116 |
| SB116-BlankCS for SSTA VersionC.pdf |
SSTA 3/13/2014 9:00:00 AM |
SB 116 |
| SB116-Explanation of Changes Version C.pdf |
SSTA 3/13/2014 9:00:00 AM |
SB 116 |
| SB116-DPS-DET-03-10-14.pdf |
SSTA 3/13/2014 9:00:00 AM |
SB 116 |
| SB116-DNR-PKS-3-08-14.pdf |
SSTA 3/13/2014 9:00:00 AM |
SB 116 |
| SB116-ACS-TRC-03-06-14.pdf |
SSTA 3/13/2014 9:00:00 AM |
SB 116 |
| SB116-Letter of Support APOA.pdf |
SSTA 3/13/2014 9:00:00 AM |
SB 116 |
| SB116-Letter of Support Chiefs of Police.pdf |
SSTA 3/13/2014 9:00:00 AM |
SB 116 |
| SB116-Letter of Support FairbanksNSB.pdf |
SSTA 3/13/2014 9:00:00 AM |
SB 116 |
| SB116-Letter of Support Mat-SuBorough.pdf |
SSTA 3/13/2014 9:00:00 AM |
SB 116 |
| SB116-Minor Offense Rule 3.pdf |
SSTA 3/13/2014 9:00:00 AM |
SB 116 |
| SB116-Civil Rule 4.pdf |
SSTA 3/13/2014 9:00:00 AM |
SB 116 |
| SJR 26 - Sponsor Statement.pdf |
SSTA 3/13/2014 9:00:00 AM |
SJR 26 |
| SJR 26 Resolution.pdf |
SSTA 3/13/2014 9:00:00 AM |
SJR 26 |
| SJR 26 - Fiscal Note.pdf |
SSTA 3/13/2014 9:00:00 AM |
SJR 26 |
| SJR 26 - Supporting Document.pdf |
SSTA 3/13/2014 9:00:00 AM |
SJR 26 |