03/05/2019 03:30 PM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB32 | |
| SB23|| SB24 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 32 | TELECONFERENCED | |
| += | SB 23 | TELECONFERENCED | |
| += | SB 24 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
March 5, 2019
3:33 p.m.
MEMBERS PRESENT
Senator Mike Shower, Chair
Senator John Coghill, Vice Chair
Senator Lora Reinbold
Senator Peter Micciche
Senator Scott Kawasaki
MEMBERS ABSENT
All members present
OTHER LEGISLATORS PRESENT
Senator Click Bishop
Senator Donny Olson
COMMITTEE CALENDAR
SENATE BILL NO. 32
"An Act relating to criminal law and procedure; relating to
controlled substances; relating to probation; relating to
sentencing; relating to reports of involuntary commitment;
amending Rule 6, Alaska Rules of Criminal Procedure; and
providing for an effective date."
- HEARD & HELD
SENATE BILL NO. 23
"An Act making special appropriations from the earnings reserve
account for the payment of permanent fund dividends; and
providing for an effective date."
- HEARD & HELD
SENATE BILL NO. 24
"An Act directing the Department of Revenue to pay dividends to
certain eligible individuals; and providing for an effective
date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 32
SHORT TITLE: CRIMES; SENTENCING;MENT. ILLNESS;EVIDENCE
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/23/19 (S) READ THE FIRST TIME - REFERRALS
01/23/19 (S) JUD, FIN
02/06/19 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/06/19 (S) Heard & Held
02/06/19 (S) MINUTE(JUD)
02/08/19 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/08/19 (S) Heard & Held
02/08/19 (S) MINUTE(JUD)
02/09/19 (S) JUD AT 1:00 PM BELTZ 105 (TSBldg)
02/09/19 (S) Heard & Held
02/09/19 (S) MINUTE(JUD)
02/11/19 (S) MOTION TO DISCHARGE FROM JUD COMMITTEE
02/11/19 (S) DISCHARGED FROM JUD COMMITTEE U/C
02/11/19 (S) STA REFERRAL ADDED
02/11/19 (S) STA REPLACES JUD REFERRAL
02/11/19 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/11/19 (S) <Bill Hearing Canceled>
03/05/19 (S) STA AT 3:30 PM BUTROVICH 205
BILL: SB 23
SHORT TITLE: APPROP:SUPP. PAYMENTS OF PRIOR YEARS' PFD
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/16/19 (S) READ THE FIRST TIME - REFERRALS
01/16/19 (S) STA, FIN
02/05/19 (S) STA AT 3:30 PM BUTROVICH 205
02/05/19 (S) Heard & Held
02/05/19 (S) MINUTE(STA)
02/26/19 (S) STA AT 3:30 PM BUTROVICH 205
02/26/19 (S) Heard & Held
02/26/19 (S) MINUTE(STA)
02/28/19 (S) STA AT 3:30 PM BUTROVICH 205
02/28/19 (S) Heard & Held
02/28/19 (S) MINUTE(STA)
03/05/19 (S) STA AT 3:30 PM BUTROVICH 205
BILL: SB 24
SHORT TITLE: PFD SUPPLEMENTAL PAYMENTS
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/16/19 (S) READ THE FIRST TIME - REFERRALS
01/16/19 (S) STA, FIN
02/05/19 (S) STA AT 3:30 PM BUTROVICH 205
02/05/19 (S) Heard & Held
02/05/19 (S) MINUTE(STA)
02/26/19 (S) STA AT 3:30 PM BUTROVICH 205
02/26/19 (S) Heard & Held
02/26/19 (S) MINUTE(STA)
02/28/19 (S) STA AT 3:30 PM BUTROVICH 205
02/28/19 (S) Heard & Held
02/28/19 (S) MINUTE(STA)
03/05/19 (S) STA AT 3:30 PM BUTROVICH 205
WITNESS REGISTER
ROBERT HENDERSON, Deputy Attorney General
Criminal Division
Department of Law
Anchorage, Alaska
POSITION STATEMENT: Introduced and delivered a sectional
analysis for SB 32.
BRUCE TANGEMAN, Commissioner Designee
Department of Revenue
Anchorage, Alaska
POSITION STATEMENT: Provided information on SB 23 and SB 24.
WILLIAM MILKS, Assistant Attorney General
Civil Division
Department of Law
Juneau, Alaska
POSITION STATEMENT: Provided information on SB 23 and SB 24.
EDWARD KING, Chief Economist
Office of Management and Budget
Juneau, Alaska
POSITION STATEMENT: Provided information related to SB 23 and SB
24.
LORA VESS, representing self
Juneau, Alaska
POSITION STATEMENT: Opposed both SB 23 and SB 24.
KENLEY JACKSON, representing self
Sitka, Alaska
POSITION STATEMENT: Testified in opposition to SB 23 and SB 24.
KATIE BOTZ, representing self
Juneau, Alaska
POSITION STATEMENT: Testified that she is deeply opposed to both
SB 23 and SB 24.
LINDA TIMOTHY-WOOD, representing self
Palmer, Alaska
POSITION STATEMENT: Stated support for SB 23 and SB 24.
KATHLEEN SHOOP, representing self
Palmer, Alaska
POSITION STATEMENT: Stated support for SB 23 and SB 24.
DENISE BOGUE, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 23 and SB 24.
MIKE MICKELSON, representing self
Cordova, Alaska
POSITION STATEMENT: Stated that he is completely opposed to SB
23 and SB 24.
RICHARD KULLBERG, representing self
Anchorage, Alaska
POSITION STATEMENT: Stated opposition to SB 23 and SB 24.
PAT HOLMES, representing self
Kodiak, Alaska
POSITION STATEMENT: Testified in opposition to SB 23 and SB 24.
GARVAN BUCARIA, representing self
Wasilla, Alaska
POSITION STATEMENT: Testified in opposition to SB 23 and SB 24.
LAURIE WALTON, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified in strong opposition to SB 23 and
SB 24.
ELISABETH BRENNAN, representing self and family
Nome, Alaska
POSITION STATEMENT: Testified in opposition to SB 23 and SB 24.
BRIAN LIEB, representing self
Douglas, Alaska
POSITION STATEMENT: Testified in strong opposition to SB 23 and
SB 24.
KATHLEEN KREISS, representing self
Sitka, Alaska
POSITION STATEMENT: urged the committee to vote no on both SB 23
and SB 23.
THOMAS SKONIECZKI, representing self
Anchorage, Alaska
POSITION STATEMENT: During the discussion of SB 23 and SB 24,
said he supports the permanent fund for the people not the
government.
ORTH APRIL representing self
Kenai, Alaska
POSITION STATEMENT: Testified in support of SB 23 and SB 24.
SUMMER KOESTER, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to SB 23 and SB 24.
ELEILA PRESTON, representing self
Wasilla, Alaska
POSITION STATEMENT: Testified in support of SB 23 and SB 24.
MICHEAL GOZDOR, representing self
Wasilla, Alaska
POSITION STATEMENT: Testified in support of SB 23 and SB 24.
TANIA HARRISON, representing self
Cordova, Alaska
POSITION STATEMENT: Testified in opposition to SB 23 and SB 24.
KRISTINE MANN, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified she strongly opposes SB 23 and SB
24.
SALLY SCHLICHTING, representing self
Juneau, Alaska
POSITION STATEMENT: Stated opposition to SB 23 and SB 24.
CAROLYN MACINTYRE, representing self
Sitka, Alaska
POSITION STATEMENT: Stated she strongly opposes SB 23 and SB 24.
RUSSEL SAMPSON, representing self
Wasilla, Alaska
POSITION STATEMENT: Testified in strong opposition to SB 23 and
SB 24.
PATRICK MAYER, representing self
Yakutat, Alaska
POSITION STATEMENT: Testified that he stands in opposition to SB
23 and SB 24.
JERI MAXWELL, representing self
Fairbanks, Alaska
POSITION STATEMENT: Stated that she greatly opposes SB 23 and SB
24.
TAMMY SCHMIDT, representing self
Wasilla, Alaska
POSITION STATEMENT: Testified in support of SB 23 and SB 24.
JEFF GUARD, representing self
Cordova, Alaska
POSITION STATEMENT: Testified he is strongly opposed to SB 23
and SB 24.
BRYCE MAHN, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to SB 23 and SB 24.
SCOTT ADAMS representing self
Cordova, Alaska
POSITION STATEMENT: Testified in support of SB 23 and SB 24.
CATHERINE REARDON, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to SB 23 and SB 24.
DR. CINDY WESTERGAARD
Neurobehavioral Consultants, LLC
Sitka, Alaska
POSITION STATEMENT: Testified in opposition to SB 23 and SB 24.
ARIEL STARBUCK, representing self
Sitka, Alaska
POSITION STATEMENT: Testified in opposition to SB 23 and SB 24.
DAVID BRIGHTON, representing self
Kenai, Alaska
POSITION STATEMENT: Testified in opposition to SB 23 and SB 24.
SETH ROBERTS, representing self
Palmer, Alaska
POSITION STATEMENT: Testified in full support of SB 23 and SB
24.
JENNY ROHLER, representing self
Sutton, Alaska
POSITION STATEMENT: Asked the committee to support SB 23 and SB
24.
MICHELLE HAHN, representing self
Cordova, Alaska
POSITION STATEMENT: Stated opposition to SB 23 and SB 24.
MARY FISHER, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to SB 23 and SB 24.
EVE DOWNING, representing self
Sterling, Alaska
POSITION STATEMENT: Testified she is a high school student
speaking in opposition to SB 23 and SB 24.
LISA BUSCH, representing self
Sitka, Alaska
POSITION STATEMENT: Testified she is totally opposed to SB 23
and SB 24.
TIM NELSON, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of SB 23 and SB 24.
LESLIE JACKSON, representing self
Ketchikan, Alaska
POSITION STATEMENT: Testified she strongly opposes SB 23 and SB
24.
ERIC MILLIKEN, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to SB 23 and SB 24.
RONALD HOWARD JR., representing self and his family
Ketchikan, Alaska
POSITION STATEMENT: Testified in strong support of SB 23 and SB
24.
LOU PONTIOUS, representing self
Kasilof, Alaska
POSITION STATEMENT: Testified in support of SB 23 and SB 24.
MELODY MCCULLOUGH, representing self
Wasilla, Alaska
POSITION STATEMENT: Testified in support of SB 23 and SB 24.
ROBERT WATSON, representing self
Wasilla, Alaska
POSITION STATEMENT: Testified in strong support of SB 23 and SB
24.
ANDREW SMALLWOOD, representing self
Cordova, Alaska
POSITION STATEMENT: Testified in opposition to SB 23 and SB 24.
CARMEN GUTIERREZ, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in strong opposition to SB 23 and
SB 24.
KEVIN MAIER, representing self
POSITION STATEMENT: Testified in strong opposition to SB 23 and
SB 24.
CLAIRE SANCHEZ, representing self
Sitka, Alaska
POSITION STATEMENT: Testified in opposition to SB 23 and SB 24.
GAYLE CHRISTENSON, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 23 and SB 24.
ANGELA DARBOUS, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in full support of SB 23 and SB
24.
BEN STEVENSON, representing self
Talkeetna, Alaska
POSITION STATEMENT: Testified in support of SB 23 and SB 24.
BROTHER TOM PATMOR, representing self
Clam Gulch, Alaska
POSITION STATEMENT: Testified in opposition to SB 23 and SB 24.
MARC CARREL, representing self
Cordova, Alaska
POSITION STATEMENT: Testified in strong opposition to SB 23 and
SB 24.
SKYLER QUIN, representing self, Anchorage, Alaska
POSITION STATEMENT: Testified he strongly opposes SB 23 and SB
24.
TANYA KITKA, representing self
Kodiak, Alaska
POSITION STATEMENT: Testified in full support of SB 23 and SB
24.
KYLE HASSE, representing self
Wasilla, Alaska
POSITION STATEMENT: Testified in opposition to SB 23 and SB 24.
CATHERINE RILEY, representing self
Sitka, Alaska
POSITION STATEMENT: Testified in strong opposition to SB 23 and
SB 24.
JACK JOHNSON, representing self
North Pole, Alaska
POSITION STATEMENT: Testified in strong support of SB 23 and SB
24.
ANDREW NAVARRO, representing self
Mat-Su Valley, Alaska
POSITION STATEMENT: Testified in support of SB 23 and SB 24.
GEORGE SMALLWOOD, representing self
Homer, Alaska
POSITION STATEMENT: Testified in opposition to SB 23 and SB 24.
AMY JO MEINERS, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in strong opposition to SB 23 and
SB 24.
MAURICE STOVALL, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 23 and SB 24.
CHRISTIAN ALMAN, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to SB 23 and SB 24.
JENNA STRINGER, representing self
Barrow, Alaska
POSITION STATEMENT: Stated she is a high school student speaking
in opposition to SB 23 and SB 24.
PAT KEHOE PENDELL, representing self
Sitka, Alaska
POSITION STATEMENT: Testified in strong opposition to SB 23 and
SB 24.
DAMON KNIGHT, representing self
[Clam Gulch], Alaska
POSITION STATEMENT: Testified in robust support of SB 23 and SB
24.
CRYSTAL HAITE, representing self and three children
Wasilla, Alaska
POSITION STATEMENT: Testified in strong support of SB 23 and SB
24.
MIKE ALEXANDER, representing self
Big Lake, Alaska
POSITION STATEMENT: Testified in strong support of SB 23 and SB
24.
CHARLES WEAVER, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 23 and SB 24.
TIM CHIPP, representing self
Ninilchik, Alaska
POSITION STATEMENT: Testified in support of SB 23 and SB 24.
CYNTHIA MOORE, representing self
Funny River, Alaska
POSITION STATEMENT: Testified in strong support of SB 23 and SB
24.
LYNN KUPA representing self
Eagle River, Alaska
POSITION STATEMENT: Testified in full support of SB 23 and SB
24.
MARY GEDDOS, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in strong opposition to SB 23 and
SB 24.
CASSIDY AUSTIN-MERLINO, representing self
McCarthy, Alaska
POSITION STATEMENT: Stated she is a 16-year-old who strongly
opposes SB 23 and SB 24.
JOLIE TULLEY, representing self
Sitka, Alaska
POSITION STATEMENT: Testified in strong opposition to SB 23 and
SB 24.
REBECCA CRELLEY, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 23 and SB 24.
DAVID KRUPA, representing self
Eagle River, Alaska
POSITION STATEMENT: Testified in strong support of SB 23 and SB
24.
CLIFFORD JOHNSEN, representing self
Palmer, Alaska
POSITION STATEMENT: Testified in strong support of SB 23 and SB
24.
LATISHA PORTERFIELD, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in strong support of SB 23 and SB
24.
KEVIN MCCABE, representing self and family
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 23 and SB 24.
OLIVIA FELLERS, representing self
Wasilla, Alaska
POSITION STATEMENT: Testified in support of SB 23 and SB 24.
JOSEPH WALKER, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 23 and SB 24.
BARBARA DERR, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to SB 23 and SB 24.
JAMES VUORG
Unalaska City School District
Unalaska, Alaska
POSITION STATEMENT: Testified in strong opposition to SB 23 and
SB 24.
ANGELA HILL, representing self
Sitka, Alaska
POSITION STATEMENT: Testified in opposition to SB 23 and SB 24.
JARROD SEEGERS, representing self
Eagle River, Alaska
POSITION STATEMENT: Testified in support of SB 23 and SB 24.
JOHN RICE, representing self
Big Lake, Alaska
POSITION STATEMENT: Testified in full support of SB 23 and SB
24.
KRISTEN GREEN, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to SB 23 and SB 24.
BRANDEE GERKE, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to SB 23 and SB 24.
KASEY MACKNEET, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to SB 23 and SB 24.
CINDY EDWARDS, representing self
Sitka, Alaska
POSITION STATEMENT: Testified in strong opposition to SB 23 and
SB 24.
JOHNNY ROBINSON, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of SB 23 and SB 24.
TROY SWANSON, representing self
Eagle River, Alaska
POSITION STATEMENT: Testified in strong support of SB 23 and SB
24.
TIM STATON, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified in full support of SB 23 and SB
24.
PAUL KELLY, representing self
Sitka, Alaska
POSITION STATEMENT: Testified in full support of SB 23 and SB
24.
WINTER MARSHALL ALLEN, representing self
Palmer, Alaska
POSITION STATEMENT: Testified in opposition to SB 23 and SB 24.
HEATHER HEPLER, representing self
Chugiak, Alaska
POSITION STATEMENT: Testified in full support of SB 23 and SB
24.
CYNTHIA NEIMEYER, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of SB 23 and SB 24.
POLLY HESSING, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in strong opposition to SB 23 and
SB 24.
RICH CURTHER, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in strong opposition to SB 23 and
SB 24.
BETH SHORT RHOADS, representing self
Sitka, Alaska
POSITION STATEMENT: Testified in strong opposition to SB 23 and
SB 24.
DR. VALERIE EDWARDS, MD, representing self
Sitka Alaska
POSITION STATEMENT: Testified in opposition to SB 23 and SB 24.
JOSEPH CURRY, representing self, Anchorage, Alaska
POSITION STATEMENT: Testified in strong support of SB 23 and SB
24.
BEN MUSE, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to SB 23 and SB 24.
TULENA HUDDLESTON, representing self
Palmer, Alaska
POSITION STATEMENT: Testified in support of SB 23 and SB 24.
JEFFERY KNAUF, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in full support of SB 23 and SB
24.
AARON HALL, representing self
North Pole, Alaska
POSITION STATEMENT: Testified in strong support of SB 23 and SB
24.
BILL AIKENS representing self
POSITION STATEMENT: Testified in strong support of SB 23 and SB
24.
WENDY ALDERSON, representing self
Sitka, Alaska
POSITION STATEMENT: Testified in strong opposition to SB 23 and
SB 24.
MONICA EASTHAM, representing self
Sitka, Alaska
POSITION STATEMENT: Testified in opposition to SB 23 and SB 24.
DIANE BUNDY, representing self
Kenai, Alaska
POSITION STATEMENT: Stated she was testifying in high support of
SB 23 and SB 24.
GREG WEAVER, representing self
Mat-Su, Alaska
POSITION STATEMENT: Testified in opposition to SB 23 and SB 24.
GREGORY WHITE, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 23 and SB 24.
FARLEY DEAN, representing self
Willow, Alaska
POSITION STATEMENT: Testified in strong support of SB 23 and SB
24.
RANDY GRIFFIN, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified in opposition to SB 23 and SB 24.
KRISTEN HOMER, representing self
Sitka, Alaska
POSITION STATEMENT: Testified in strong opposition to SB 23 and
SB 24.
BRIDGET HITCHCOCK, representing self
Sitka, Alaska
POSITION STATEMENT: Testified in opposition to SB 23 and SB 24.
SARA BEABER-FUJIOKA, representing self
Sitka, Alaska
POSITION STATEMENT: Testified in strong opposition to SB 23 and
SB 24.
DAVID NEES, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 23 and SB 24.
SIRI SCHLIES, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 23 and SB 24.
NATASHA LESKO, representing self
Palmer, Alaska
POSITION STATEMENT: Testified in support of SB 23 and SB 24.
DAN POLTA, representing self
Healy, Alaska
POSITION STATEMENT: Testified in opposition to SB 23 and SB 24.
JEANEAN COREY, representing self
Chugiak, Alaska
POSITION STATEMENT: Testified in support of SB 23 and SB 24.
STEVE MECKEL, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified in strong opposition to SB 23 and
SB 24.
MARK HUDDELSTON, representing self
Palmer, Alaska
POSITION STATEMENT: Testified in support of SB 23 and SB 24.
CINDY HIMMELBERGER, representing self
Ketchikan, Alaska
POSITION STATEMENT: Testified in full support of SB 23 and SB
24.
BERVERLY EDWARDSON HUGO, representing self
Utqiagvik, Alaska
POSITION STATEMENT: Testified in opposition to SB 23 and SB 24.
JESSE VIZCOCHO, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 23 and SB 24.
ANTHONY BAIOCCHI, representing self
Wasilla, Alaska
POSITION STATEMENT: Testified in support of SB 23 and SB 24.
ACTION NARRATIVE
3:33:05 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 Coghill, Kawasaki, Reinbold, Micciche, and
Chair Shower.
SB 32-CRIMES; SENTENCING;MENT. ILLNESS;EVIDENCE
3:33:56 PM
CHAIR SHOWER announced the consideration of SENATE BILL 32 "An
Act relating to criminal law and procedure; relating to
controlled substances; relating to probation; relating to
sentencing; relating to reports of involuntary commitment;
amending Rule 6, Alaska Rules of Criminal Procedure; and
providing for an effective date."
He stated his intent to hear the introduction and sectional
analysis. He advised that the committee would review the bill
from both the state affairs and judiciary perspectives because
the judiciary committee chair has declared a conflict of
interest based on [an ethics committee ruling] about House Bill
44.
He invited Mr. Henderson to the witness table and noted who was
available to answer questions.
3:35:32 PM
ROBERT HENDERSON, Deputy Attorney General, Criminal Division,
Department of Law, Anchorage, explained that at its core, SB 32
is designed to return sentencing classifications to pre-Senate
Bill 91 law. It is intended to ensure that prosecutors, law
enforcement, and the court have the tools to respond to the
general crime trends. The bill focuses on the mandated
sentencing criteria that must be assessed including community
condemnation, reaffirmation of societal norms, general and
specific deterrents, the seriousness of the offense, victim
input, restoration of the victim, and rehabilitation. He said
rehabilitation and treatment are priorities, but not the only
priorities. SB 32 is about balancing those things.
MR. HENDERSON stated that SB 32 returns the statutory scheme for
drugs to pre-Senate Bill 91 law. This is done to combat drug
trafficking. He summarized that Senate Bill 91 reduced all the
sentencing and statutory schemes, which impacted the ability to
address drug trafficking. SB 32 also addresses sentencing for
both felonies and misdemeanors. He noted that the parts of SB 32
that are not related to Senate Bill 91, are designed to close
gaps or loopholes that have been identified. He said he would
point these out in the sectional.
3:38:13 PM
MR. HENDERSON delivered the following sectional analysis for SB
32.
Section 1: Clean up language. Aligns murder in the
second degree when a person dies during the course of
a drug deal with the changes made to the drug statutes
later in the bill.
Section 2: Clean up language. Same change that is made
in sec. 1 is made in sec. 2 for murder of an unborn
child in the second degree.
He explained that Sections 1 and 2 are conforming amendments to
the murder statutes to include the new misconduct involving
controlled substances in the second degree into the "felony
murder rule."
Section 3 10: Removes inflation adjustment from
property crime statutes.
He noted that the inflation adjustment, which was created by
Senate Bill 91, is repealed from the theft and criminal mischief
statutes.
Section 11: Defines "prior convictions" when
evaluating the existence of prior convictions in the
recidivist theft statutes.
He explained that this is a clarifying amendment to rectify the
inadvertent omission of the definition.
Section 12 18: Removes inflation adjustment from
property crime statutes. [Also referred to as the
theft and criminal mischief statutes.]
Section 19: Adds to the crime of escape in the second
degree persons who are under the jurisdiction of the
Commissioner of Health and Social Services for a
felony and restricted to the residence then leave
their residence without permission.
MR. HENDERSON clarified that this is about the Division of
Juvenile Justice jurisdiction. Escape in the second degree is a
class B felony.
3:39:57 PM
SENATOR MICCICHE asked him to explain, to the public, the
automatic inflation adjustment.
CHAIR SHOWER requested members limit their questions to key
points during the introduction.
MR. HENDERSON explained that Senate Bill 91 created a mechanism
beginning in 2020, that all the property thresholds for theft
offenses would automatically increase at the rate of inflation,
as determined by the Alaska Judicial Council. SB 32 repeals that
in Sections 3-10 and Sections 12-18 for the following reasons:
1) as the Department of Law outlined in its review of Senate
Bill 91, there may be a separation of powers problem; and 2) it
eliminates the public involvement in determining what the
thresholds should be. He noted that when Senate Bill 54 reduced
the felony thresholds to $750, public involvement was very
important in determining that amount. He reiterated that SB 32
repeals the inflation adjustment.
He continued the sectional analysis for SB 32.
Section 20: Makes it a class C felony to remove an
electronic monitoring device or leave a person's
residence while under official detention for a
misdemeanor regardless if under the jurisdiction of
the Department of Corrections or the Department of
Health and Social Services [Division of Juvenile
Justice]. Also makes it a class C felony if the person
is on conditions of release before trial and ordered
to electronic monitoring or house arrest by the court
and the person removes the electronic monitoring
device or leaves one's residence without permission.
SENATOR REINBOLD asked what happens if a person on electronic
monitoring doesn't maintain the battery and the monitor stops
working. If that isn't covered in the bill, an amendment is
needed, she said.
MR. HENDERSON replied that would be covered under the tampering
with physical evidence statute.
SENATOR REINBOLD asked him to follow up with the statute.
SENATOR COGHILL asked for clarification that this is new
language, not a repeal.
MR. HENDERSON said that's correct; both Sections 19 and 20 have
new language to fill gaps that have been identified.
3:43:52 PM
Section 21: Clean up [conforming] amendment for change
that occurs in section 22, making failure to appear a
crime.
Section 22: Removes 30 day grace period for defendants
during which it was not a crime to fail to show up for
a hearing. Under current law, it is not a crime to
fail to appear for a court hearing unless the person
goes 30 days or longer without making contact with the
court or fails to appear with the intent being to
avoid prosecution. This section removes both of those
limitations.
He explained that failure to appear refers to a person on bail
release who is ordered by the court to appear at their next
court hearing and they do not show up. Under Section 22, it is a
class C felony offense for somebody on felony bail release to
fail to show up for a hearing. It is a class A misdemeanor for
somebody on bail for a misdemeanor to fail to show up for a
hearing.
SB 32 repeals the 30-day grace period that Senate Bill 91
created for failing to appear or contact the court or absconding
or fleeing the jurisdiction to avoid prosecution.
SENATOR COGHILL said later he will ask how the provisions that
are being repealed have worked, both the pros and cons.
MR. HENDERSON continued the sectional analysis for SB 32.
Section 23: Amends the crime of violating conditions
of release which relates to conditions imposed by the
court on persons on pretrial release. This section
makes it a class A misdemeanor for a person to violate
their conditions of release if they are on release for
a felony and a class B misdemeanor if they violate
while on conditions for a misdemeanor.
He noted that later on the bill repeals the provision that a
violation of conditions of release (VCR) is five days in jail.
Returning the offense to a class A misdemeanor, given the
changes later in the bill, if you're convicted of a class A
misdemeanor the penalty provision is 0 to 1 year in jail. If
it's a class B misdemeanor it would become 0 to 90 days, given
the changes later in the bill.
SENATOR MICCICHE questioned the reason that the penalties aren't
scaled upward for more serious crimes that a person may commit
while on electronic monitoring.
MR. HENDERSON replied it's about striking that balance he
described earlier. For the escape statutes, the intent is to
ensure that the criminal sanction is adequate to give the
Department of Corrections confidence to use electronic
monitoring when appropriate.
SENATOR REINBOLD asked why violating conditions of release for a
felony conviction isn't a felony offense. "That's one huge flag
I have on this bill," she said.
MR. HENDERSON explained that violating conditions of release are
not standalone new criminal acts. They're criminal acts because
of the conditions set by the court for a person on bail. The
idea is to ensure that a criminal sanction is available to
interrupt that behavior, but it should not be so large that it
is equivalent to the underlying offense.
SENATOR REINBOLD said she wants further discussion because
violating certain conditions of release for a felon is very
serious. She cited the example of a felon approaching a victim
after they were told to stay away.
3:50:14 PM
MR. HENDERSON continued the sectional analysis for SB 32.
Section 24: Makes it a class A misdemeanor to refuse
to provide a DNA sample when arrested for a qualifying
offense. Under current law, those arrested for a
qualifying offense must provide a DNA sample for
inclusion in a DNA database. However, there is no
enforcement mechanism. This section adds that
enforcement mechanism.
He explained that under the current law, a person who is
arrested for a qualifying offense must immediately submit a DNA
sample. Also, a person who is convicted of a qualifying offense
must submit a DNA sample upon conviction; failing to do so is a
class C felony offense. However, current law does not provide a
corresponding enforcement provision for failing to provide a DNA
sample upon arrest. Section 24 closes that loophole by creating
a class A misdemeanor offense for failing to provide the
required DNA sample upon arrest. The conforming amendments are
in Sections 25 and 26.
SENATOR MICCICHE asked for clarification that Sections 24-27 are
entirely new.
MR. HENDERSON confirmed that these are new sections; they are
not related to Senate Bill 91.
SENATOR COGHILL recalled the question about privacy on DNA
testing and asked if there had been a court challenge. He said
he believes that was the reason the penalty wasn't provided
initially.
MR. HENDERSON said the State of Maryland took its statute on the
issue to the U.S. Supreme Court and it was found constitutional.
It did not violate the Fourth Amendment to seize a DNA sample
for introduction into CODIS if the person is charged with what
the court characterized as a "serious offense." He explained
that it is not a violation of constitutional rights because
technology has made the DNA sample no different than
fingerprints or other identifying information.
CHAIR SHOWER said he has a slight disagreement but would discuss
it later.
SENATOR REINBOLD said she supports the provision as a way to
prevent wrongful convictions.
3:53:33 PM
MR. HENDERSON continued the sectional analysis for SB 32.
Section 25: Clarifies that refusing to provide a DNA
sample after conviction, as a part of a person's
sentence, or because the person is required to
register as a sex offender or child kidnapper, is a
class C felony.
Section 26: Classification section. Classifies the
crime of violating an order to submit to DNA testing
upon arrest is a class A misdemeanor.
Section 27: Enacts a generalized threat statute to
cover when an individual threatens to commit a serious
crime which reasonably places another person in fear.
Covers real threats of violence and not simply false
threats.
MR. HENDERSON clarified that Section 27 is not related to Senate
Bill 91.
CHAIR SHOWER commented that this should be carefully vetted
because it could be very contentious. He added that for this
committee he will focus on protecting citizens' rights. "As you
get to the point where we dig deeper, be prepared to answer
those constitutional questions, because they're going to come up
her," he advised.
MR. HENDERSON opined that this generalized threat statute should
hold up to constitutional challenge because similar statutes
challenged under the First Amendment have not been successful.
There are two reasons: 1) the mental state employed here is a
reckless disregard; and 2) the person must be placed in
reasonable fear.
CHAIR SHOWER said he was just warning to be prepared because the
questions would be hard and deep. He added that he takes the
constitutional obligation to protect citizens' rights "as
seriously as anybody you're ever going to see in this building."
3:56:33 PM
MR. HENDERSON continued the sectional analysis for SB 32.
Section 28: Makes the crime of disorderly conduct a
class B misdemeanor punishable by not more than 10
days.
He noted that Senate Bill 91 reduced the penalty for disorderly
conduct to 24 hours and SB 32 returns it to [not more than] 10
days.
Section 29: Reenacts class A felony level crime for
the distribution of [any amount of] schedule IA
controlled substances [opioid derivatives including
heroin, Fentanyl, and Carfentanil] and making
methamphetamine.
He said Sections 29-37 collectively return the drug laws to the
pre-Senate Bill 91 statutory scheme. He said he would try to
point out the repealed the provisions as he goes along.
SENATOR REINBOLD shared that she has ridden along with both the
Anchorage Police Department and the Alaska State Troopers and
this section is important to them. She said later she will ask
what rights law enforcement has when they know that
[methamphetamine] is being manufactured and likely distributed
in a building.
MR. HENDERSON said he made a note of the request. He continued
the sectional analysis for SB 32.
Section 30: Renames AS 11.71.030, misconduct involving
a controlled substance in the second degree to
misconduct involving a controlled substance in the
third degree. Amends the statute to include
manufacturing or distribution of any amount of a
schedule IIA or IIIA controlled substance. Also
repeals section of law regarding the delivery of 1g or
more of a schedule IA controlled substance or 2.5
grams or more of a schedule IIA or IIIA controlled
substance as the amendments in the bill focus on the
type of drug being distributed and not necessarily the
amount.
He explained that this removes the threshold in the drug
statutes that [Senate Bill 91] created and returns it to
previous law where the amount of drugs being trafficked becomes
a factor (not the factor) in determining the significance of the
drug trafficking behavior. He noted that many of the repealers
found in Section [51] come from Section 30. These include AS
11.71.030(a)(1) on page 16, (a)(4), (5), and (6) on page 17.
SENATOR REINBOLD mentioned a park in her community where drug
dealing occurs and said she would like a discussion about the
prohibition for possessing schedule IA and IIA controlled
substances within 500 feet of a school [page 17, line 15]
because that's fairly close.
CHAIR SHOWER added that he wanted a discussion about whether
government has flexibility to react to changes in drug use
patterns.
MR. HENDERSON asked if he was referring to response to new drugs
that come on the market.
CHAIR SHOWER said yes.
MR. HENDERSON highlighted that House Bill 312 from last session
allowed the attorney general to schedule new drugs at they came
onto the market.
CHAIR SHOWER said he just wanted to make sure that any loopholes
that have come to light receive attention this year. We want to
get this right, he said.
MR. HENDERSON continued the sectional analysis for SB 32.
Section 31: Conforming amendment to the changes made
in section 30.
Section 32: Makes the possession of any amount of a
schedule IA (heroin) or IIA (methamphetamine, cocaine,
PCP, etc.) controlled substance and various amounts of
IIIA, IVA, and VIA controlled substances a felony.
He said this section returns possession of the most serious
drugs to a felony offense. It also returns possession of larger
amounts of schedule IIIA, IVA, and VA controlled substances to a
class C felony offense.
Section 33: Conforming amendment to the changes made
in section 32.
Section 34: Removes possession of most dangerous
controlled substances from the crime of misconduct
involving a controlled substance in the fifth degree,
as those possessory crimes would be a class C felony
under the bill.
4:05:25 PM
SENATOR MICCICHE said he was thinking about inserting an
exception for legal cannabis. Because a number of people are
concerned, it's worth clarifying that this does not refer to the
legal cannabis industry. He said he'd follow up to discuss where
that should be inserted.
MR. HENDERSON agreed it would clarify the intent.
MR. HENDERSON continued the sectional analysis for SB 32.
Section 35: Renames AS 11.71.060 "misconduct involving
a controlled substance in the sixth degree" to conform
with the changes made to the drug offense statutes.
Section 36: Conforming amendment to ["Good Samaritan"]
statute prohibiting prosecution of individuals who
seek medical or law enforcement assistance for a
person who is overdosing.
Section 37: Increases the maximum period of probation
for felony sex offenses from 15 years to 25. Also
increases the maximum period of probation for any
other offense to 10 years.
He noted that Senate Bill 91 limited the time a person could be
placed on probation. Section [37] changes that to allow the
court to impose probation for the time necessary to conform
their behavior and meet their probation conditions.
CHAIR SHOWER said he assumes these provisions align with the
changes in other bills but wonders what happens if they don't
all pass.
MR. HENDERSON said all the bills act in concert and if they
don't all pass, conforming amendments will be needed.
4:08:26 PM
MR. HENDERSON continued the sectional analysis for SB 32.
Section 38 40: Enhanced sentences for making
methamphetamine around children or engaging children
in the sale of methamphetamine are reenacted. Also
increases the presumptive sentencing ranges for class
A, B, and C felonies.
Felony
Current Law SB 32
Level
Class A First Felony: 3-6 First Felony: 5-8
(20 max) (20 max)
Second Felony: 8-12 Second Felony: 10-14
(20 max) (20 max)
Third Felony: 13-20 Third Felony: 15-20
(20 max) (20 max)
Class B First Felony: 0-2 First Felony: 1-3
(10 max) (10 max)
Second Felony: 2-5 Second Felony: 4-7
(10 max) (10 max)
Third Felony: 4-10 Third Felony: 6-10
(10 max) (10 max)
Class C First Felony: 0-2 First Felony: 0-2
(5 max) (5 max)
Second Felony: 1-4 Second Felony: 2-4
(5 max) (5 max)
Third Felony: 2-5 Third Felony: 3-5
(5 max) (5 max)
He explained that under felony sentencing rules, the presumptive
range is dictated by a person's criminal history and the level
of offense for which they're convicted. The range of
incarceration the judge may impose for the offender who commits
the typical offense appears as a grid. Senate Bill 91 moved all
the presumptive ranges down and Sections 38-40 seek to move them
back. The sectional has a chart that includes that and a matrix.
Section 38 amends the presumptive ranges for all non-sex class A
felony offenses to pre-Senate Bill 91 law. It also reenacts the
enhanced penalty provisions for manufacturing methamphetamine
around children.
Section 39 increases all presumptive sentences for non-sex class
B felony offenses. It's about a two-year shift, he said.
Section 40 increases all presumptive sentences for all non-sex
class C felony offenses.
4:10:26 PM
CHAIR SHOWER asked if it's fair to describe this as the
controlling document for all the other crime bill.
MR. HENDERSON agreed it is foundational.
SENATOR REINBOLD said she finds it ridiculous that somebody who
commits their first felony potentially has zero jail time. She
said she isn't asking for the discussion today, but she's
flagging it.
4:11:29 PM
MR. HENDERSON continued the sectional analysis for SB 32.
Section 41: Prohibits the suspension or reduction of
the period of mandatory probation outlined in statute
for sex offenders.
He said this is a provision that directly ties to some of the
other crime bills the committee has heard.
Section 42: Returns sentencing range for class A
misdemeanors to 0-[365 days]. [It also repeals the 30-
day cap placed on some misdemeanors found in Senate
Bill 91.]
SENATOR REINBOLD said she wanted it on the record that the
sentencing range was reduced from 0-365 days down to 0-30 days.
She described that as a major pet peeve and the 0-10 range for
class B misdemeanors outrageous. She said overall, she loves SB
32.
4:12:48 PM
MR. HENDERSON pointed out that in Section 42, the aggravating
factors that were created for misdemeanors are repealed. The
need for and how to apply the aggravators becomes unnecessary
with the return to the overall range of one year in jail at the
court's discretion.
Section 43: Returns sentencing range for class B
misdemeanors to 0-90 days.
Section 44: Reenacts prohibition on jail time for a
first marijuana offense if the person is not on
probation or parole at the time of the offense.
He noted that this is outside AS 17.38, the regulation of
marijuana provision.
Section 45: Repeals requirement that a person serve
their sentence for a first DUI on electronic
monitoring or house arrest. Returns discretion to the
commissioner of corrections to place the person on
electronic monitoring at a private residence or at a
community residential center.
Section 46: The same changes in section 45 are made in
section 46 to the statute governing refusal to submit
to a chemical test.
Section 47: Conforming amendment due to the enactment
of the class A felony level offense for drug
distribution. Adds that conduct to the definition of
"illegal activity involving a controlled substance" in
the landlord tenant statutes.
Section 48: Conforming amendment. Adds all felony
level drug distribution to the list of crimes
involving a minor which the Department of Health and
Social Services will disclose information to the
public.
Section 49: Requires the Alaska Court System to
transmit information regarding involuntary commitments
that have occurred since October 1, 1981 to the
Department of Public Safety.
He clarified that this provision is not related to Senate Bill
91. Current law does not allow transmission of information
earlier than 2014 and this allows that sharing to ensure that
DPS and the national database has the information necessary
regarding involuntary commitments.
4:15:28 PM
SENATOR MICCICHE asked what problem the provision was trying to
solve since involuntary commitments don't necessarily have
anything to do with criminal activity. He opined that it seems
like a disincentive for families to get someone needed help if
it ends up in DPS records.
MR. HENDERSON said this tries to close a gap in current law. If
somebody has been involuntarily committed, that person is
prohibited from possessing firearms under federal law. Sharing
the information with DPS authorizes that agency to share the
information with the national instant background check system.
This ensures that the prohibited person cannot obtain a firearm.
SENATOR MICCICHE said he needed to understand more details, but
it seems that there could be potential for misuse.
SENATOR REINBOLD noted that her perspective was a little
different. She mentioned the zookeeper and Orlando murders and
emphasized the importance of closing loopholes. She acknowledged
that this was beyond the scope of Section 49, but she believes
that fixing that loophole it an important part of the discussion
of SB 32.
SENATOR COGHILL added that he wants the courts to talk about
what they can and can't do regarding involuntary commitments
because this will be no small task.
Section 50: Allows a person's rap sheet to be used at
grand jury to prove the existence of prior convictions
when prior convictions are an element of the offense.
He said Section 50 is not related to Senate Bill 91. It amends
Court Rule 6(r) to allow a person's electronic criminal history,
which is technically heresy, to be used at grand jury (not
trial) to prove a predicate offense. Rule 6(r) currently allows
the use of this information at grand jury only in felony DUI
cases.
4:19:53 PM
SENATOR REINBOLD said she understands that it's the law, but she
has a hard time accepting that information on a person's rap
sheet related to sexual assault is heresy. She advised that she
was considering an amendment to allow law enforcement to enter
victims' testimony as evidence, not heresy.
MR. HENDERSON continued the sectional analysis for SB 32.
Section 51: Repealer section.
Section 52: Applicability section.
Section 53: Retroactivity section. Makes section 49
retroactive.
Section 54: Conditional effect section for court rule
change.
Section 55: Immediate effective date for sections 49
and 55.
Section 56: July 1, 2019 effective date for all other
sections.
4:21:32 PM
CHAIR SHOWER stated he would hold SB 32 in committee for future
consideration.
SB 23-APPROP:SUPP. PAYMENTS OF PRIOR YEARS' PFD
SB 24-PFD SUPPLEMENTAL PAYMENTS
4:22:30 PM
CHAIR SHOWER announced the consideration of SENATE BILL NO. 23
"An Act making special appropriations from the earnings reserve
account for the payment of permanent fund dividends; and
providing for an effective date." and SENATE BILL NO. 24 "An Act
directing the Department of Revenue to pay dividends to certain
eligible individuals; and providing for an effective date."
CHAIR SHOWER noted that the committee first heard the bills
February 1, 2019. He welcomed Mr. Tangeman and Mr. Mr. Milks to
the witness table.
4:23:08 PM
BRUCE TANGEMAN, Commissioner Designee, Department of Revenue,
introduced himself.
4:23:20 PM
WILLIAM MILKS, Assistant Attorney General, Civil Division,
Department of Law, introduced himself.
CHAIR SHOWER stated that the intent is to take questions and
allow further explanation of SB 23 and SB 24 today, then
consider amendments and move the bills in the next couple of
meetings.
He asked Mr. Milks to talk about the eligibility requirements.
4:25:15 PM
MR. MILKS summarized that bills provide three years of one-time
payments to make up the difference between the dividend payments
in 2016, 2017, and 2018 and the statutorily formulated amounts
for those years. He said DOL views this concept as a policy
question without a significant legal issue regarding
eligibility. The eligibility requirements are that an individual
who is eligible this year and received a dividend in 2016 is
eligible to receive the back payment. The same process applies
in 2020 and 2021 to receive the back payments for 2017 and 2018.
He said DOL considered, but did not find, legal issues related
to eligibility. He acknowledged that in the early 1980s the
Zobels challenged the constitutionality of the original
eligibility standard. That dividend program had major
distinctions between residents. For example, a person who was a
resident for one year would receive one-twenty-fifth of the
dividend a person who had been a resident for 25 years.
MR. MILKS said the current proposal is to make one-time payments
with eligibility reviewed under the rational basis standard,
which is the lowest standard of equal protection review under
both the state and federal constitutions. This standard looks at
whether the legislature has a rational basis to draw a
distinction between individuals and DOL's view is that there is
a rational basis for the distinction. He said courts are very
deferential to legislative bodies when they review distinctions
that have a rational basis that do not involve subsequent
classifications such as those based on race, sex or religion,
which are based on the highest level of scrutiny. An economic
interest and a distinction based on being eligible and receiving
a dividend in 2016 and being eligible for a dividend in 2019 is,
in DOL's view, a valid and legitimate basis for the legislature
to draw a distinction. He reiterated that DOL views this as a
policy question rather than a legal matter.
CHAIR SHOWER asked how people who have committed crimes would be
treated in the payback.
MR. MILKS clarified that an individual would have to be eligible
in 2019 and have been eligible and received a dividend in 2016.
CHAIR SHOWER asked the legal precedent for having a one or two
year residency requirement to be eligible for the dividend.
4:31:12 PM
MR. MILKS said there's not a real bright line on eligibility
distinctions for various kinds of state benefits. Responding to
the chair's question about the Zobel case, he said that was a
case that challenged the first dividend program that allowed a
significant difference in the amount based on years of
residency. The case went to the U.S. Supreme Court in the 1980s
and the program based on years of residency was found
unconstitutional. The state did not have a valid interest to
make that distinction. That is why the current dividend program
establishes a residency requirement and pays the same size
dividend to all eligible applicants. It is DOL's view that this
circumstance is different than the Zobel case. This is a one-
time payment [for three years] to address the specific situation
of not paying the dividend according to the statutory formula.
In Zobel, the court talked about looking at whether the
legislature had a valid interest that could rationally support a
distinction between individuals. In this circumstance, DOL's
view is that the legislature would have a rational, legal basis
to support this distinction. It says that before money is paid
out for the dividend, the person has to be a resident right now.
Then the specific situation can be addressed, which is a
particular year when the dividend was not paid according to
formula. DOL's view is the court will look at whether the
legislature has a rational basis to draw a distinction between
individuals.
4:34:55 PM
CHAIR SHOWER asked if DOL believes, based on that court
decision, that the state has the ability to require two years
residency instead of one to qualify for a dividend.
MR. MILKS said they would need to look at how cases have
developed since the Zobel case, but DOL does believe that the
legislature has the ability to address this situation without
violating the constitution.
CHAIR SHOWER asked if he foresees a problem with citizens using
something like Pick.Click.Give.org to allocate their dividend to
either education specifically or the general fund.
BRUCE TANGEMAN, Commissioner Designee, Department of Revenue,
said there are ways such as Pick.Click.Give.org or the education
raffle for citizens to give away all or part of their dividend.
Some citizens already sign and ask for their checks to be
deposited to the general fund. From a technical perspective,
there would be programing costs to expand the options to give
individual dividends to specific state services, but it could be
done.
CHAIR SHOWER said he just wanted to understand whether there
would be legal ramifications associated with dedicating
dividends to a specific service such as education since there is
a prohibition against dedicated funds.
4:40:20 PM
MR. MILKS said he thinks an individual could say they want their
money to go to education because people have always been able to
make bequests to the state for a particular purpose. That is not
viewed as an overall dedication but rather an individual giving
a specific gift for a specific purpose. He clarified that he had
not thought it through completely, but this seems to fit in that
framework.
SENATOR MICCICHE pointed out the need for each department to
have receipt authority if this amounts to a lot of money or be
set up in Pick.Click.Give.org. He also opined that it would be
designated funds if the funds left the general fund or the
earnings reserve and came back to the state as a designated
general fund item in the form of a contribution.
He asked Mr. Tangeman to clarify that legislation is required
for the appropriation and the payback and that checks won't
immediately appear. He said he sees a clear misunderstanding of
the process in some blogs, emails and public testimony.
4:43:54 PM
COMMSSIONER DESIGNEE TANGEMAN explained that the legislature has
to appropriate money from the earnings reserve to the dividend
fund. Then the dividend is distributed at the instruction of the
Department of Revenue in early October. There is definitely a
process and the legislature has a role, he said.
SENATOR MICCICHE clarified that the governor can't write 650,000
$3,000 checks. There is a process and the legislature is going
through that process right now.
COMMISSIONER DESIGNEE TANGEMAN said that's correct.
CHAIR SHOWER added that DOR gets to write the checks.
COMMISSIONER DESIGNEE TANGEMAN agreed.
4:45:09 PM
SENATOR KAWASAKI asked Mr. Milks if DOL was disputing the legal
analysis from legislative legal that questioned the
constitutionality of SB 24. In part it said:
...a court would likely find SB 24 to be an
unconstitutional durational residency requirement by
discriminating against some state residents and by
infringing on an individual's fundamental right to
travel.
MR. MILKS responded that he has not seen the memorandum but DOL
does not view the issue that way. Rather, they believe the court
would look at whether there was a rational basis for the
distinction between residents. He acknowledged that any
legislation can be challenged.
SENATOR KAWASAKI said that legislative legal always issues a
memo to highlight potential constitutional issues it sees, and
the legislator and the bill drafter try to correct those
potential issues. He asked if DOL drafted a memo cautioning that
there might be a constitutional issue with SB 24.
4:47:29 PM
MR. MILKS explained that DOL drafted this legislation with the
view that the legislature is not barred from making this
distinction.
SENATOR KAWASAKI asked whether or not the Department of Law
issued a memo or a statement to the Office of the Governor
warning that constitutional challenges could arise should SB 24
pass.
MR. MILKS replied he would not answer specifically because DOL
has an attorney-client-relationship with the governor's office,
but the question could be presented in writing. He added, "But
what I can tell you is our view from the Department of Law is
that this would be a constitutional piece of legislation. That
it would survive a constitutional challenge."
4:48:38 PM
SENATOR KAWASAKI replied, "My official request is that we see
something from the Department of Law that says Senate Bill 24
would be considered constitutional because I know each of us has
a memo that says it probably isn't."
CHAIR SHOWER determined that Senator Kawasaki preferred that the
committee make the request and said he would have it formally
drafted from the Senate State Affairs Committee.
SENATOR COGHILL asked if this would be subject to appropriation
in any given year.
MR. MILKS said yes.
SENATOR COGHILL said he asked because one legislature can't bind
another. The way to do it is to have one legislature make a
suggestion to another, but there is no obligation.
MR. MILKS said that is DOL's understanding.
CHAIR SHOWER asked Mr. King to continue the explanation that was
cut short in the previous meeting about what would happen to the
permanent fund if there was a payout and the stock market
declined appreciably.
4:50:39 PM
EDWARD KING, Chief Economist, Office of Management and Budget,
said he hoped to have this conversation on Thursday when the
committee had received the materials he recently prepared.
CHAIR SHOWER said he'd hold the question. He asked if he was
prepared to clarify the analogy from the previous meeting about
the intake and outflow of the earnings reserve.
MR. KING explained that the permanent fund corporation
projection of earnings is a little more than $4 billion a year.
Those earnings go into the Earnings Reserve Account (ERA). The
other side of the transaction log shows all the funds that are
flowing out of the account. The only money that is allowed to
flow out of the account into the General Fund is under the
percent of market value (POMV) law, Senate Bill 26 that passed
in 2018. That is in the neighborhood of $3 billion. The required
statutory inflation-proofing of the principal amounts to about
$1 billion. That money flows from the holding account into the
principal account which prevents it from being spent by future
legislatures.
He summarized that the entire account is growing by about $1
billion a year from its earnings plus whatever royalty deposits
there are, and the outflow is only $3 billion. However, to think
that over the next three years you can withdraw a total of $9
billion from the $16 billion account and end up with $7 billion
is faulty math because that doesn't count the inflows of cash.
CHAIR SHOWER said that was the point he was trying to make at
the last meeting. That's why he simplified to math to say $20
thousand in the account, put $4 thousand in and take $4 thousand
out leaves a balance of $20 thousand. He said he wanted it to be
clear to the public that money is both flowing in and flowing
out of the fund. He said this relates directly to SB 23 and how
the payback scheme would work.
4:54:33 PM
SENATOR MICCICHE described that as a very general statement that
hinges on the assumption that $4 billion is flowing into the
account and that only $4 billion is flowing out. He added that
the committee will see more modeling on that, including possible
overdraws by the legislature. He said his concern is that if the
Constitutional Budget Reserve (CBR) draw does not pass and there
aren't sufficient cuts in the budget, there is a strong
possibility that the legislature will overdraw the earnings
reserve. In that circumstance, more than $4 billion (with
inflation proofing) would be flowing out. He said his real
concern is overdrawing the money that is potentially flowing
out. He drew an analogy to teens smoking their first cigarette;
it's much easier to smoke a second one. He noted that the stress
test problem associated with overdrawing the earnings reserve
would be discussed during the next meeting.
CHAIR SHOWER confirmed that those issues would be discussed on
Thursday. The intent is to answer all the questions and clarify
the assumptions that are the basis of DOR's analysis.
4:57:29 PM
MR. KING responded that the earlier conversation was that both
sides of the equation, the draws and the earnings, should be
considered.
4:58:18 PM
CHAIR SHOWER stated that he would hold SB 23 and SB 24 in
committee.
SENATOR MICCICHE clarified for the public that the individual
members of the committee ask questions about the legislation in
order to understand the impacts and protection of the permanent
fund as well as the fair distribution of the PFD, not because
they support or oppose the legislation.
4:59:55 PM
CHAIR SHOWER agreed and recessed the meeting until 6:00 pm when
public testimony would continue on SB 23 and SB 24.
6:01:34 PM
CHAIR SHOWER reconvened the meeting at 6:01 and noted that all
members were present. He stated that the purpose this evening is
to take public testimony on SB 23 and SB 24. He limited
testimony to one minute and asked everyone to be respectful and
focus their comments on the bills, not the budget.
6:04:43 PM
LORA VESS, representing self, Juneau, said she opposes both SB
23 and SB 24 and she finds it difficult to talk about the PFD
unrelated to what it could supplement that is proposed to be cut
from the budget. She said she isn't speaking solely because she
works for the university; it's because she believes that
government services are vitally important, and she sees that
they are connected to the spending of the PFD.
6:06:45 PM
KENLEY JACKSON, representing self, Sitka, said she opposes SB 23
and SB 24. Her mother-in-law lives in the Pioneer Home and her
out-of-pocket payment is going up $8,000 per month. She
acknowledged the difficult fiscal climate and respectfully asked
the committee to consider the needs of all Alaskans and to
provide funding for services that everyone relies on, rather
than authorizing individual checks. She said she doesn't have
children, but she would gladly pay an income tax if schools,
ferries, and state services received more funding.
6:07:30 PM
KATIE BOTZ, representing self, Juneau, said she is deeply
opposed to both SB 23 and SB 24 because they will drive the
state into bankruptcy. She suggested the Governor could do a
better job of proving his true intentions for the state. She
described the PFD as an entitlement.
6:09:00 PM
LINDA TIMOTHY-WOOD, representing self, Palmer, stated support
for SB 23 and SB 24.
6:09:38 PM
KATHLEEN SHOOP, representing self, Palmer, stated support for SB
23 and SB 24. The economy needs the PFD, she said.
6:10:08 PM
DENISE BOGUE, representing self, Anchorage, said she supports
continuing to receive the PFD and the payback. Taking the
dividend has had a drastic effect on her family budget. She said
they use it to buy food, clothing, and other essential needs for
their home, family and local businesses. We'll remember you when
we vote, she warned.
6:10:53 PM
MIKE MICKELSON, representing self, Cordova, stated that he is
completely opposed to SB 23 and SB 24. He is a lifelong
resident, a teacher, and a fisherman. He said the PFD is
financially helpful but not at the expense of the services he'll
be forced to give up with Governor Dunleavy's proposed budget.
He voiced opposition to cutting education and fish and game. He
said the Alaska Marine Highway is his road and comparing its
cost per mile to a regular road is unrealistic. He agrees that
the state should make cuts but not so the reduced PFDs can be
paid back. He opined that that methodology is counter to the
original intent of the PFD program and that the state should
return to the income tax model.
6:12:08 PM
RICHARD KULLBERG, representing self, Anchorage, stated
opposition to SB 23 and SB 24. He described the bills as an
attempt to rewrite the state budget for the last three years. He
said it would be okay to retroactively increase the dividend if
it was also possible to retroactively increase the price of oil.
That's not possible, he said, so we should move on. He said he
speaks for many Alaskans who not only want a budget that is
balanced but also a budget that is civilized, one that provides
health, education, and public safety. These Alaskans are willing
to pay for it with a reduced PFD, he said.
6:13:08 PM
PAT HOLMES, representing self, Kodiak, said he opposes SB 23 and
SB 24. He opined that there should be a state income tax and a
head tax.
6:13:52 PM
GARVAN BUCARIA, representing self, Wasilla, stated opposition to
SB 23 and SB 24. He said a $3,000 dividend will provide a short
term benefit but will likely result in the imposition of a state
income tax, local tax increases, nickel and dime fees and
charges to subsidize education and other necessary public
benefits. Furthermore, there is a need to retain the earnings
reserve fund for investment for the future, he said.
6:15:27 PM
LAURIE WALTON, representing self, Fairbanks, stated strong
opposition to SB 23 and SB 24. She said she would much rather
have her portion of the PFD go toward sustaining things like
public education and the ferry system that make her community a
place to live. If the budget remains as proposed, people will
leave their communities and the state, she said.
6:16:33 PM
ELISABETH BRENNAN, representing self and family, Nome, described
SB 23 and SB 24 as poor policy that threatens the state she
loves. She doesn't support these bills, and neither should the
Senate State Affairs Committee. She opined that it would
endanger the financial stability of the Alaska Permanent Fund to
cut the budget so drastically in order to pay higher dividends.
She pointed out that the budget has already been cut
significantly the last several years and she believes other
revenue sources should be considered.
6:17:35 PM
BRIAN LIEB, representing self, Douglas, said he strongly opposes
SB 23 and SB 24 because the permanent fund was established to
create a predictable, financial situation for the state. He
opined the offering "this bribe" and cutting state services at
the same time is reprehensible and should not be done.
6:18:11 PM
KATHLEEN KREISS, representing self, Sitka, said she is a retired
physician who is urging the committee to vote no on both SB 23
and SB 23. She offered her belief that government should serve
the people by enabling services that benefit everyone
collectively. These services include strong schools, a
university system that educates informed citizens,
transportation such as the Alaska Marine Highway System, support
for seniors through the Pioneer Homes, and support for
vulnerable people through Medicaid. These collective needs are
more important than a large permanent fund dividend check. She
stated support for an income tax to develop an economy that is
sustainable without sole reliance on resource extraction.
6:19:04 PM
THOMAS SKONIECZKI, representing self, Anchorage, said he is a
lifelong Alaska who has seen that the permanent fund enhance the
state economy. He supports the permanent fund for the people not
the government, because it enhances small and large businesses
in Alaska, social services, and the elderly. "The permanent fund
was made for the people, not the government, and it should stay
that way for future generations, so I'm for the permanent fund
and not balancing the budget," he said.
6:20:07 PM
ORTH APRIL representing self, Kenai, stated support for SB 23
and SB 24 to restore the PFD. She said she can use the money for
her daughter's education, and it helps community stores and the
economy. She shared that she recently watched a documentary
where Jay Hammond said the permanent fund was created for the
people, not the government.
6:21:09 PM
SUMMER KOESTER, representing self, Juneau, said she is an
educator who supports the PFD but not at the expense of
education. Noting that her sixth grade class has 36 students and
some colleagues has even more, she said schools need more money,
not less. She shared that even with the $20 million that was
forward funded last year for education, her school will lose two
fulltime positions next year due to flat funding, which will
translate to even larger class sizes. She said the Governor may
have proposed this budget to make a compromise seem more
satisfactory, but schools can't afford more cuts. Our children
and society will pay the price, she said.
6:22:04 PM
ELEILA PRESTON, representing self, Wasilla, said she is a former
professional educator and a homeschool mother. She shared that
her homeschooled children are doing better than their peers and
the cost is a fraction of what it costs the state. She said her
current concern is that her children will not only lose their
PFDs, but also pay state income taxes for the rest of their
lives. She said she would love for her kids to see politicians
follow through on their campaign promises. She urged the
committee to vote yes on both SB 23 and SB 24.
6:22:38 PM
MICHEAL GOZDOR, representing self, Wasilla, stated that as a 25-
year Alaskan and a business owner, he supports the PFD payback.
It will boost the economy and small businesses like his.
6:23:25 PM
TANIA HARRISON, representing self, Cordova, said she opposes SB
23 and SB 24 because it is irresponsible to strain the state's
resources for an increase in the permanent fund dividend. "An
extra thousand dollars in the hands of an individual will not
come close to covering the added cost of living for people in
communities where the state has cut funding for state services
and taken money from local governments." She emphasized that the
PFD is not an entitlement and should never be prioritized of the
state's duty to its citizens.
6:24:25 PM
KRISTINE MANN, representing self, Anchorage, said she has been
involved in education for the 42 years that she's been a
resident. She strongly opposes SB 23 and SB 24 and believes the
PFD payback should be eliminated. She also recommends reducing
the dividend this year and following the formula set out in
Senate Bill 26 for the benefit of the children and grandchildren
living in the state.
6:25:45 PM
SALLY SCHLICHTING, representing self, Juneau, said she opposes
SB 23 and SB 24. She cited Internal Revenue Source data and
calculated that $266 million of the estimated $2.4 billion
dividend payback will go straight back to the federal treasury.
She opined that the money should stay in Alaska and that the
entire $2.4 billion should be used to fund essential state
services and infrastructure. She'd have to pay federal tax on
the payback, and she could not use what is left to pay for a
teacher, a state ferry, building a bridge, or maintaining a
road. Such services and projects are most effectively delivered
by state government, she said. They create and sustain jobs for
Alaskans.
6:26:54 PM
CAROLYN MACINTYRE, representing self, Sitka, said she was
calling to voice strong opposition to SB 23 and SB 24. She said
the PFD was great when the state was awash in oil "but, pun
intended, that well has dried up." The focus should be on
solutions for the future and that is our children. She said she
would be happy to give up her PFD to ensure that all of Alaska's
children receive a good education. They are more important, she
said.
6:27:53 PM
RUSSEL SAMPSON, representing self, Wasilla, stated that she
strongly opposes both SB 23 and SB 24.
6:28:58 PM
PATRICK MAYER, representing self, Yakutat, stated that he is a
35-year resident of Alaska who stands in opposition to SB 23 and
SB 24. He suggested that in lieu of the annual PFD and the
proposed backfill, the revenue should be directed back into the
General Fund to protect existing state services. The idea of the
state paying out full dividends while not meeting its financial
obligations, particularly the constitutional obligation to fund
education, is not acceptable, he said. It should not be a choice
between funding education or receiving the PFD and cutting
education twenty-five percent. "Let's not dismantle the
infrastructure of our great state and encourage those citizens
that are not already doing so, to move elsewhere," he said.
6:29:55 PM
JERI MAXWELL, representing self, Fairbanks, said she is retired
from the university system, has lived in Alaska for 34 years,
and she greatly opposes SB 23 and SB 24. In the short term the
dividend seems like a lot of money but in the long term the
money will go further if it is used for the benefit of Alaskans
collectively by funding education, health care, the Alaska
Marine Highway System, and other essential services. She urged
the committee to reject both bills.
6:30:55 PM
TAMMY SCHMIDT, representing self, Wasilla, described herself as
a 68-year-old homestead-raised Alaskan. She supports SB 23 and
SB 24 and what the Governor is trying to do because Jay
Hammond's original intention was that the money was for the
people, not the government. People living in the Bush really
need the dividend, she said.
CHAIR SHOWER noted that Senator Bishop was in the audience.
6:32:01 PM
JEFF GUARD, representing self, Cordova, said he's lived in the
state since 1979 and he is strongly opposed to SB 23 and SB 24.
He described the bills as a detriment to the state economy.
Ultimately, they will cause home prices to fall which will have
a greater impact on his pocketbook than the extra money for
three years. He sits on the local city council and understands
that the state's bond rating will fall with proposals like this,
which will make it more expensive to borrow money to build
things in his community.
6:33:00 PM
BRYCE MAHN, representing self, Anchorage, said he opposes SB 23
and SB 24, and he opposes paying a full dividend this year. The
statement that Alaskans can spend the money better than the
state government does not take into account that individuals
will pay federal income tax on the additional dividend and they
cannot take advantage of matching programs. The state using
these funds will have a greater impact on the overall economy
than if the money was distributed to individuals.
CHAIR SHOWER reminded individuals who don't want the dividend to
consider not applying for it.
6:33:38 PM
SCOTT ADAMS representing self, Cordova, said he supports SB 23
and SB 24. He shared that his sons paid for college with their
dividends and his belief is that some low-income families need
the money. The dividend was set up so that the government get
some and the people get some so the people should be able to
decide what they want to do with their portion, he said. "We
should still get our fair share."
6:34:45 PM
CATHERINE REARDON, representing self, Juneau, said she is
retired and has received the PFD since 1986. She said she
opposes SB 23 and SB 24 and was struck that the transmittal
letter said that citizens had not received the full value of
their mineral wealth ownership share. She offered her
perspective that her share does not need to be an individual
distribution. She pointed out that she doesn't receive her
individual share of state land and wildlife by getting title to
a square mile of state land. She said individuals create the
government and government is the way that collective decisions
are made. Thus her opposition to both bills.
6:36:13 PM
DR. CINDY WESTERGAARD, Neurobehavioral Consultants, LLC, Sitka,
said she is a small business owner and a small training site for
psychology students at the university. She said she opposes SB
23 and SB 24 because she doesn't believe that giving individual
residents a larger dividend will improve the quality of life for
people in the state. Rather, it will cause suffering because
there won't be adequate resources to fund schools, ferry
service, the university, hospitals, or the Pioneer Home. She
asked the members to consider that their legacies will depend on
their ethical decision-making.
6:37:24 PM
ARIEL STARBUCK, representing self, Sitka, said she is opposed to
SB 23 and SB 24. She shared that she is a homeowner, a mother,
and the daughter of a logger whose hard work helped her have a
good education and better life. She would like the same thing
for her own children. She opined that choosing to take the
additional PFD while defunding vital state services and the
education system will leave the state with nothing. She urged
the committee not to pass SB 23 and SB 24.
6:38:25 PM
DAVID BRIGHTON, representing self, Kenai, state opposition to SB
23 and SB 24. He said he doesn't believe the campaigning was
done in the context of making large cuts to fund the PFD. He
opined that the majority of Alaskans oppose the large dividend
when it's presented in the proper context. He said he also
disagrees with the notion that individuals can decline to take
their PFDs and thereby help fund essential services. He pointed
out that the money must be allocated.
6:39:32 PM
SETH ROBERTS, representing self, Palmer, said he is in full
support of SB 23 and SB 24. His reasoning is that giving the
money to the government would be a temporary solution and would
not change the status quo. The solution to the budget deficit is
to cut services. "I believe the PFD should go to the people as
it was intended and the government needs to do what it needs to
do to cut and get smaller," he said.
6:40:45 PM
JENNY ROHLER, representing self, Sutton, said she was calling to
ask the committee to support SB 23 and SB 24, to restore the PFD
that was unlawfully taken from Alaskans. She said the Governor
based his campaign on restoring and protecting the PFD and
Alaskans elected him. The expectation is that he will fulfill
his campaign promises. She offered her opinion that the poor
were more greatly affected by the reduced PFD. The money should
be returned to all Alaskans and those who oppose the bills
should have the opportunity to donate their PFD to the state. It
should be an individual decision. She thanked the committee for
supporting the Governor.
6:42:01 PM
MICHELLE HAHN, representing self, Cordova, said she opposes SB
23 and SB 24, but she finds it distasteful to do so because
taking the PFD is a draconian tax that impacts the poor and
rural areas the most. She recalled pleading with then Governor
Hammond to keep the income tax in place. She said she was
worried that once it was abolished, the wealthy and powerful
would prevent the reinstatement of such a fair tax when it was
justly needed. She concluded her comments saying, "I want an
income tax that fully taxes myself, the affluent, the
corporations, and instead of just the poorer Alaskans as taking
the PFD does."
6:43:22 PM
MARY FISHER, representing self, Anchorage, stated opposition to
SB 23 and SB 24 and pointed out that Governor Hammond said
abolishing the state income tax was the worst thing that
happened during his administration. She said she fully supports
reinstating that tax.
6:44:18 PM
EVE DOWNING, representing self, Sterling, said she is a high
school student speaking in opposition to SB 23 and SB 24. An
equitable budget is not possible with a full PFD and the
payback, she said. It will not allow her to get a quality
education and it won't make up for the increase in tuition at
UAA. She said she knows many students who won't be able to
afford to attend UAA as they had planned. As proposed, the PFD
will damage the economy and drive citizens away. She reported
that the proposed $1.6 billion cut will result in the loss of
more than 13,000 jobs, which will not be good for the economy.
6:45:39 PM
LISA BUSCH, representing self, Sitka, said that as an Alaskan, a
mother, someone who works in science, and woman of reason, she
sees SB 23 and SB 24 as the saddest bills she's seen in a long
time. She said the Alaskans she knows are can-do, hard-working,
community-minded, independent, and creative, and they do not
need a "handout retro check" from a program that has created an
unseemly sense of entitlement. Rather, they need legislators to
invest permanent fund money in K-12 education, the university,
health care, and the management of resources that make Alaska a
special place to live.
6:46:28 PM
TIM NELSON, representing self, Fairbanks, said he has lived here
since 1976 and he supports SB 23 and SB 24. He's a grandfather
living on a fixed income and he needs the money for birthdays,
fuel oil, and many other things.
6:47:25 PM
LESLIE JACKSON, representing self, Ketchikan, said she strongly
opposes SB 23 and SB 24. She opined that the claim that the
payback will stimulate the economy is a short-term solution. She
asked the legislature to use the money to balance the budget and
keep state services and assets open for business and providing
benefits for communities.
6:47:59 PM
ERIC MILLIKEN, representing self, Anchorage, said he is
testifying in opposition to SB 23 and SB 24. Although he and his
family would benefit from the large PFD in the short term, in 20
years his child would see an economy that is much weaker than it
is today. He urged the committee to consider a different path
forward.
6:48:50 PM
RONALD HOWARD JR., representing self and his family, Ketchikan,
said he strongly supports SB 23 and SB 24. He described the
economic benefit of the PFD to his family as astronomical. His
is a single-income family and the extra funds go towards
homeschool education and college savings. He also pointed out
that when the PFD is paid in October it helps businesses stay
open for the winter.
6:50:03 PM
LOU PONTIOUS, representing self, Kasilof, stated support for SB
23 and SB 24.
6:50:33 PM
MELODY MCCULLOUGH, representing self, Wasilla, said she strongly
supports SB 23 and SB 24. She and her husband are raising two
grandchildren and their PFDs help pay for winter gear, heating
expenses, and groceries. This helps stimulate the economy. She
said she supports a state income tax.
6:51:45 PM
ROBERT WATSON, representing self, Wasilla, said he strongly
supports SB 23 and SB 24. It is intended to help the people. He
said the people who don't want their dividend don't need to
apply. He maintained that the state will never cut the amount of
money it spends, and the people shouldn't have to pay for that.
6:52:11 PM
ANDREW SMALLWOOD, representing self, Cordova, said he is a
commercial fisherman. He offered his opinion that rather than
find alternative sources of revenue, the state has depleted its
reserves. Now the proposed budget cuts are so sudden and drastic
that they risk triggering a statewide recession and the
destruction of rural communities. Thus he opposes SB 23 and SB
24.
6:52:50 PM
CARMEN GUTIERREZ, representing self, Anchorage, said she is a
second generation Alaskan who has lived here her entire life.
She said she strongly opposes SB 23 and SB 24 as a short-term
infusion of money into the economy that will have a very long-
term negative economic impact that will affect generations to
come. She said the reason Alaska doesn't have an educated
workforce is because the education system in the state is being
decimated. She urged all legislators to oppose SB 23 and SB 24.
6:53:40 PM
KEVIN MAIER, representing self, said he's lived in Juneau since
2014 and is raising two children. He works as a fishing guide
and educator. He said he understands that the PFD is very
important to many Alaskans, but he strongly opposes SB 23 and SB
24. "We should not be forced to choose between funding PFDs on
the one hand, and on the other funding K-12, higher education,
state ferries, homeless shelters, and the countless public
services we count on to live in this great state." He said the
Governor believes his budget is sustainable, predictable, and
affordable but evidence suggests that relying on oil means it is
neither sustainable nor predictable. He urged the committee to
instead consider a diverse array of revenue, including a
progressive, broad-based income tax and using the earnings
reserve as necessary to fund essential services.
CHAIR SHOWER clarified that the previous speaker was not the
lieutenant governor.
6:55:09 PM
CLAIRE SANCHEZ, representing self, Sitka, stated that she works
for the University of Alaska Cooperative Extension. She said she
opposes SB 23 and SB 24, and supports investing in education,
the university, senior services, Medicaid, and the Alaska Marine
Highway System. She voiced a preference for state services that
support the wellbeing of the state's future as opposed to
receiving money individually through the PFD.
6:55:51 PM
GAYLE CHRISTENSON, representing self, Anchorage, offered her
opinion that the Governor was elected on the promise to pay back
the PFD, and that the dividend payments are poured back into the
economy. She suggested that people who want to donate their
dividends to the state and specifically earmark the funds should
be allowed to do so just as the people who need the money should
be able to receive it to use for things like heating fuel.
6:57:31 PM
ANGELA DARBOUS, representing self, Anchorage, said she is in
full support of SB 23 and SB 24. She pointed out that the
Governor ran and won on the promise to restore the PFD, and that
it helps the economy when people have more money. She
highlighted that Alaska spends more money on education per
capita than any other state and it doesn't make the kids any
smarter. She voiced support for the latitude to choose how and
where to educate her child and to receive the PFD to help with
college.
6:58:35 PM
BEN STEVENSON, representing self, Talkeetna, stated support for
SB 23 and SB 24. He said he believes the PFD helps support local
communities and families. People who want to donate their PFD
have the option to do so.
6:59:21 PM
BROTHER TOM PATMOR, representing self, Clam Gulch, stated
opposition to SB 23 and SB 24. He said there is no need to
continue to take money from the permanent fund when it results
in lower checks and less money to invest. He highlighted that
the Dalton Highway currently costs $20 million per year for
maintenance and in today's dollars it would probably cost $1
billion to build. He suggested selling it to the permanent fund
for that amount. He further suggested that the ferry system and
the railroad could be traded to the fund, depending on their
values. This would do away with the need for annual
appropriations for maintenance of these assets.
7:00:35 PM
MARC CARREL, representing self, Cordova, said he is a commercial
fisherman and teacher and he strongly opposes SB 23 and SB 24.
He said his community relies heavily on state services such as
the ferry system, state schools, and a well-funded Department of
Fish and Game. He opined that all Alaskans are better served if
resources are pooled to pay for state services as opposed to
issuing individual checks. This is particularly important in
rural Alaska. Without valuable state services, the quality of
life will suffer dramatically, he said.
7:01:29 PM
SKYLER QUIN, representing self, Anchorage, said he strongly
opposes SB 23 and SB 24. He reminded the committee of the Alaska
Supreme Court ruling last year that said the previous governor's
veto of the permanent fund was legal because it is an
appropriation, not a transfer. It is irresponsible to
voluntarily pay out billions of dollars, and it is not in the
best interest of the future of the state, he said.
7:02:01 PM
TANYA KITKA, representing self, Kodiak, said she fully supports
funding the PFD, but doesn't believe that the debate should be
either fund the PFD or support state services. She pointed out
that in previous years people received their PFD and the state
provided services. She doesn't believe that the children should
be asked to pay what amounts to a tax for their education, but
their parents should. She said she supports an income tax in
that respect, but it should not be by taking the PFD.
7:02:55 PM
KYLE HASSE, representing self, Wasilla, said he is a student who
believes in a prosperous and sustainable Alaska and is therefore
adamantly opposed to SB 23 and SB 24. He described the
legislation as a puzzle piece in a series of proposals that will
undermine essential services that contribute to a prosperous and
sustainable Alaska.
7:03:35 PM
CATHERINE RILEY, representing self, Sitka, said she strongly
opposes SB 23 and SB 24 and the premise that Alaskans need a PFD
more than services such as public education, public safety, the
Marine Highway System, Pioneer Homes, affordable health care.
She is part of the rural community that will be most devastated
by the Governor's policies. She is fortunate to have received an
excellent education from dedicated teachers who had the
resources and time to deliver that excellent education. She
urged the committee to reject both bills saying the future of
the state and Alaska's youth depend on it.
7:05:06 PM
JACK JOHNSON, representing self, North Pole, said he strongly
favors SB 23 and SB 24 and once again receiving the full PFD and
the backpay.
7:05:27 PM
ANDREW NAVARRO, representing self, Mat-Su Valley, said he's a
contractor, he finds the PFD very important, he supports SB 23
and SB 24, and he believes the government spends too much money.
He said it doesn't matter that 90 percent of the people calling
oppose the bills because the people overwhelmingly voted for the
Governor who promised to restore the PFD and the backpay.
7:06:23 PM
GEORGE SMALLWOOD, representing self, Homer, said he's lived in
Alaska for 46 years and he opposes SB 23 and SB 24. He clarified
that he is not connected to education or government employment.
He believes it is best to put the money into public safety and
services such as the Marine Highway System.
7:08:19 PM
AMY JO MEINERS, representing self, Juneau, said she is a fourth
generation Alaskan who strongly opposes SB 23 and SB 24. She
said it's time for Alaskans to put in a little money to pay for
existing services, whether it's the Alaska Marine Highway,
Pioneer Homes, education, or public safety. It's time to have a
balanced budget that relies on a stabile revenue source. Thus
she strongly opposes this legislation.
7:09:07 PM
MAURICE STOVALL, representing self, Anchorage, Alaska, said he
supports SB 23 and SB 24 and wants to remind the committee that it
would be a felony offense to steal $500 from everyone in your family.
That's how he views the taking of the PFD by the previous
administration. He maintained that the money was intended for the
people, not the budget.
7:10:48 PM
SENATOR MICCICHE asked all testifiers to talk about the bills
and not impugn the intentions of others.
CHAIR SHOWER said it's a good reminder for everyone.
7:11:29 PM
CHRISTIAN ALMAN, representing self, Anchorage, said he's a 36-
year resident and he opposes SB 23 and SB 24. It is not the time
to give this sort of handout when the state has a $1.6 billion
deficit, he said. The Governor has submitted a budget that is
devastating to transportation, education, homeowners, seniors,
and priority services. He also expressed hope that there would
be a discussion about oil company tax credits.
7:12:35 PM
JENNA STRINGER, representing self, Barrow, said she is a high
school student speaking in opposition to SB 23 and SB 24. She
said the families that depend on the PFD for necessary items are
in this position because there aren't enough jobs that pay a
decent wage. She suggested that instead of giving individuals a
larger PFD in the hope of bandaging problems with the economy,
the money should be reinvested to create jobs, build
infrastructure, and support Alaskans who stay in the state. This
will reduce the number of Alaskans who are leaving the state in
search of decent-paying jobs., she said.
7:13:38 PM
PAT KEHOE PENDELL, representing self, Sitka, said ditto to the
last testimony. She said she is a 38 year resident, a fisherman,
a nurse, and a former homeschooling mother. She supports great
education for all children, health, the Alaska Marine Highway,
the Department of Fish and Game, and the other essential
services the state provides. She is in favor of reinstating the
state income tax and a small, consistent PFD. She said the PFD
payback cannot be justified and she strongly opposes SB 23 and
SB 24.
7:15:34 PM
DAMON KNIGHT, representing self, [Clam Gulch], stated that just
like most Alaskans who voted for the Governor, he robustly
supports SB 23 and SB 24. He opined that most Alaskans who voted
for the Dunleavy Administration want their PFD restored and paid
back.
7:16:28 PM
CRYSTAL HAITE, representing self and three children, Wasilla,
stated strong support for SB 23 and SB 24. She said she didn't
believe that taking money from the people was a way to
strengthen the economy. She doesn't believe it should be a
choice between receiving the PFD or giving kids a well-rounded
education. She suggested that the solution lies in education
reform.
7:16:47 PM
MIKE ALEXANDER, representing self, Big Lake, said he strongly
supports SB 23 and SB 24. He offered his belief that too much is
already spent on education. He would like to see a solution for
the Marine Highway System, but he believes everyone in his area
needs their dividend. Giving the PFD to individuals will help
the economy more than if the state spent the money.
7:17:41 PM
CHARLES WEAVER, representing self, Anchorage, said he absolutely
supports SB 23 and SB 24. The PFD was never intended for the
government to spend and it should be restored to the people. He
said citizens that don't want the PDF have the option of
donating it to the government.
7:18:06 PM
TIM CHIPP, representing self, Ninilchik, said the Governor knows
that the PFD was established as a fund for the future
generations of Alaskans. He said about one percent of the
population left the state last year and the last administration
is largely responsible for that. "Give the people their money
and I will promise you it will be spent wisely within our local
communities, providing a much-needed boost to our economy," he
said.
7:19:30 PM
CYNTHIA MOORE, representing self, Funny River, said she strongly
supports SB 23 and SB 24 and Governor Dunleavy's efforts to cut
the Alaska budget. She opined that the education system needs to
be rebuilt from the bottom up because it costs among the highest
in the nation and yields the poorest results.
7:19:56 PM
LYNN KUPA representing self, Eagle River, said she fully
supports SB 23 and SB 24. The PFD was made for the people and it
should be restored to the people, not to teachers. She said the
people spoke by voting Governor Dunleavy into office. She
concluded saying, "We need the PFD back."
7:21:05 PM
MARY GEDDOS, representing self, Anchorage, said she is a 35-year
resident, a mother, and grandmother of children who also live in
Alaska. She is a senior and a property owner and she strongly
opposes 23 and SB 24. She said these bills will cost $1.95
billion and future investment returns will be lower because
there will be less to invest. Essential state services will be
devastated, and the quality of life will be radically altered.
She urged the committee to reject these extreme and ill-
considered measures.
7:22:02 PM
CASSIDY AUSTIN-MERLINO, representing self, McCarthy, stated she
is a 16-year-old who strongly opposes SB 23 and SB 24. She
believes that removing this money from the public fund will not
only impact essential public services, it will also take much
needed money out of education. She said that as a member of the
youth community, she feels it is her job to protect her
education and the education of youths for years to come. "Giving
this money towards PFDs will not allow students in our state to
receive the education that they deserve," she said.
7:23:16 PM
JOLIE TULLEY, representing self, Sitka, stated strong opposition
to SB 23 and SB 24. She said she wants a functioning Alaska, not
a larger PFD. She said education is fundamental to freedom in
this society, and cuts to education, Medicaid, and the ferry
system will further dispossess the most vulnerable families and
propel communities into destitution. She said we rely on state
government for far-seeing policies, not short-term gains. Each
individual's purchasing power does not make up for the services
that only the state can provide. Should these bills pass, they
will send a clear message that our purchasing power is more
important than time-tested investment in the people, she said.
7:24:20 PM
REBECCA CRELLEY, representing self, Anchorage, said she supports
SB 23 and SB 24. She voiced support for homeschooling because it
costs less per capita than public schools. She asked the
committee to realize how many people can't afford their rent and
how many really need the PFD. She listed the elderly, students
with debt, and families that rely on the foodbank.
7:25:38 PM
DAVID KRUPA, representing self, Eagle River, said he strongly
supports SB 23 and SB 24 and the Governor's budget. He opined
that the PFD will give the children a future and to take it away
would be wrong.
7:26:38 PM
CLIFFORD JOHNSEN, representing self, Palmer, stated strong
support for SB 23 and SB 24. He said the PFD boosts the economy
and is an example to the rest of the world. Giving the money to
the government would destroy what Governor Hammond started, he
said.
7:27:34 PM
LATISHA PORTERFIELD, representing self, Anchorage, stated strong
support for SB 23 and SB 24. She said she believes the PFD is
for the people, not the budget.
7:28:07 PM
KEVIN MCCABE, representing self and family, Anchorage, stated
support for SB 23 and SB 24. He reminded everyone that the
dividend was designed to give Alaskans, as the owners of the oil
and the permanent fund, an indication of how well the government
was managing the people's money. He said the PFD should not be
connected to the budget and should be discussed separately. He
recounted that Governor Hammond vetoed the original permanent
fund statute because he believed that the permanent fund
belonged to the constitution and a change to it was subject to a
vote of the people. He described it as problematic that the
previous legislature thought they could modify the dividend
payout without a vote of the people. This legislature needs to
right the wrongs from the previous administration and
legislature. Then we can talk about the budget, constitution,
and taxes, he said.
7:29:15 PM
OLIVIA FELLERS, representing self, Wasilla, stated support for
SB 23 and SB 24. She said the permanent fund was not intended to
be part of the budget; it was a separate entity. She believes
the money should be returned to the people and it will be paid
back into the economy. She urged the committee to vote for the
legislation.
7:30:00 PM
CHAIR SHOWER recognized that Senator Olson was in the audience.
7:30:10 PM
JOSEPH WALKER, representing self, Anchorage, stated support for
SB 23 and SB 24. He said the PFD helps many Alaskans. Taking it
for the government use would yield a short-term benefit and
ultimately result in the imposition of a sales tax or income
tax. The people need to hold the State of Alaska accountable for
the way it spends money.
7:30:51 PM
BARBARA DERR, representing self, Anchorage, said she's lived and
worked in Alaska for 40 years and her kids have received a great
education in Alaska. She said she opposes SB 23 and SB 24. The
people aren't legally owed the PFD amounts they didn't receive
the last three years and the cost of the payback would place a
tremendous burden on Alaskans. It will cost more than
individuals will receive in cash and will prolong the current
recession. She said she supports using part of the PFD earnings
to fund government services and she recognizes the need for new
sources of revenue, but not those currently shared with
municipalities and villages. She voiced her preference for
reinstating the state income tax as a new source of revenue.
7:31:53 PM
JAMES VUORG, Unalaska City School District, Unalaska, stated
strong opposition to SB 23 and SB 24. He said a couple thousand
dollars more in the bank is not worth the deprivation it would
cause. "The students, the youth, the future leaders in education
are more important and more essential to the State of Alaska
than a full PFD," he said. He expressed hope that the committee
would not support the legislation.
7:32:58 PM
ANGELA HILL, representing self, Sitka, said she opposes SB 23
and SB 24 and does not want the PFD payback to happen because it
takes away from education funds. She has lived in Alaska for 15
years, is a special ed teacher, a parent, and a therapeutic
foster parent. We need to do everything possible to keep from
cutting money to education, she said. The large check sounds
appealing but not if you look at the whole picture. It will be
detrimental to communities and the state in many areas in
addition to education. Think about how this will affect the
children and their futures, she said.
7:34:06 PM
JARROD SEEGERS, representing self, Eagle River, stated support
for SB 23 and SB 24 and the budget. He said the PFD is not part
of the budget and he views taking it away the same as removing
money from his neighbor's account. He'd go to jail for stealing.
7:34:46 PM
JOHN RICE, representing self, Big Lake, stated full support for
SB 23 and SB 24 and the Governor's budget. He is a 50 year
resident, a business owner and employer. He reminded everyone
that state politicians and individuals have a duty to spend
within their means. Giving more money to state government is
clearly nothing more than a temporary fix, he said. He
maintained that if the state could spend within its means, it
could pay for things such as Pioneer Homes.
7:36:08 PM
KRISTEN GREEN, representing self, Anchorage, said she was
speaking in opposition to SB 23 and SB 24. She clarified that
she does not work in education, public health, or the ferry
system but she still opposes the use of the supplemental PFD for
state services. She sees reinstating the state income tax as a
more wholistic approach to the budget.
7:36:59 PM
BRANDEE GERKE, representing self, Juneau, asked the committee to
oppose SB 23 and SB 24 and pursue a framework to use the
withheld dividend funds to pay for vital state services,
education, health care, and ferries. She said paying a full
dividend is no longer in the best interest of the state. It is
time to update the proportion of the fund paid in dividends and
to develop a plan that ensures the sustainability of the fund
for dividends and state services. Update the formula and reject
the proposal to pay back the dividends withheld the last three
years, she said.
7:38:05 PM
KASEY MACKNEET, representing self, Juneau, stated opposition to
SB 23 and SB 24. She talked about the escalating cost of higher
education and growing class sizes. She said she has an average
of 46 kids in each of her classes and questioned how kids can
get the education they need for college when they can't even
form a relationship with their teachers. She suggested changing
a generation by letting them know they do not need a payout to
support themselves.
7:39:09 PM
CINDY EDWARDS, representing self, Sitka, said she's a 25 year
resident and she strongly opposes SB 23 and SB 24. She and her
husband chose not to have children, they are not educators, and
they are committed to the health of Alaska. People in her
community work very hard to create a thriving environment for
all Alaskans, not an extra dividend that just benefits the
individual.
7:40:15 PM
JOHNNY ROBINSON, representing self, Fairbanks, stated that he
supports the restoration of the PFD now and in the future. He
opined that no government should be able to dip into a program
that was made for the people. "The government needs to learn how
to balance the budget, or step down." He suggested that parents
should educate their kids, not the government. He further said
that people who don't need or want the dividend should be able
to donate it. Those who want the dividend should be allowed to
keep it.
7:41:12 PM
TROY SWANSON, representing self, Eagle River, stated strong
support for SB 23 and SB 24 because the dividend supports low
income and poor families. He asked legislators to look for ways
to live within the existing revenue stream and not use savings.
7:41:49 PM
TIM STATON, representing self, Fairbanks, stated that he is in
full support of SB 23 and SB 24. He said he voted for the
Governor based on his promise to cut the budget and increase the
PFD. He agreed with earlier testimony that the PFD has generated
money for the economy and removing it caused a recession that is
ongoing.
7:43:25 PM
PAUL KELLY, representing self, Sitka, stated full support for SB
23 and SB 24 and a smaller government. "I think that's a better
way for Alaska," he said.
7:43:49 PM
WINTER MARSHALL ALLEN, representing self, Palmer, said she's an
educator, a mom, and a property owner. Her family could
definitely benefit from the extra PFD money, she said, but not
at the risk of losing her job. She's nontenured and could be one
of the teacher who does not get a contract next year. The PFD
won't cover my bills if I don't have a job, she said. She stated
support for an income tax and urged the committee not to support
SB 23 or SB 24 in the interest of the longevity and health of
communities and Alaskans' livelihood overall.
7:44:58 PM
HEATHER HEPLER, representing self, Chugiak, said she and her
family fully support SB 23 and SB 24. It is not government money
and the budget needs to be cut. She suggested a flat tax,
cutting school administrative costs, and allowing people to
donate their PFDs as they wish. She predicted that if the
government takes the PFD it will impose a tax later.
7:45:37 PM
CYNTHIA NEIMEYER, representing self, Fairbanks, said she agrees
that the government should repay the PFD. She maintained that
government should be able to solve its budget issues with the
revenue it receives from legal marijuana, property tax, pull
tabs, bingo, and gambling.
7:46:49 PM
POLLY HESSING, representing self, Anchorage, said she strongly
opposes SB 23 and SB 24. She shared that she's lived in Alaska
more than 40 years, is retired, and lives on a limited income,
just as the state does right now. She said the PFD is important
and helpful, but it should not be an incentive to move to the
state. She cautioned against using the principal and mortgaging
the future. She urged working towards a diverse and sustainable
budget. She agreed with Andrew Smallwood's eloquent testimony.
7:47:45 PM
RICH CURTHER, representing self, Anchorage, reported that he
moved to Alaska 30 years ago, largely because of the strong
school system. He said he strongly opposes SB 23 and SB 24. His
sons went through the local school system and they have chosen
to stay as adults. He said he believes that education is
critical to the youth of Alaska and the future of the state.
7:48:27 PM
BETH SHORT RHOADS, representing self, Sitka, said she strongly
opposes SB 23 and SB 24. She agreed with Senator von Imhof who
said, "We don't have a fiscal crisis, we have a priority
crisis." She described the bills as prioritizing large handouts
over education, transportation, jobs, and elder care. She
pointed out that these are all things that keep the economy
strong and Alaska a great place to live. She suggested that if
the Governor wants to hand out retroactive PFD payments, he
should retrieve the oil tax credit revenue that's gone to Texas.
Alternatively, she said, bring back the state income tax.
7:49:23 PM
DR. VALERIE EDWARDS, MD, representing self, Sitka said she is
speaking in opposition to SB 23 and SB 24. She maintained that
there was no reason to increase the PFD given the current fiscal
situation. She shared that she was raised with the values that
tough times require personal sacrifice for the greater good. She
pointed out that the greater good includes funding priorities of
core government services such as education, infrastructure,
health care, public safety, and care for natural resources and
vulnerable citizens. She said many people depend on the PFD to
cover expenses for college, fuel, health care and groceries, but
if the state has to cut core services to pay for the dividend
these people are not better off.
7:50:29 PM
JOSEPH CURRY, representing self, Anchorage, said he's lived here
for more than 25 years and he strongly supports SB 23 and SB 24.
He agreed with previous testimony that Jay Hammond created the
dividend for the people, not the government. He said that
governor advocated for fiscal responsibility, which is something
the state doesn't seem to understand. He suggested that rather
than throwing more money at education, "it should be looked at
in a way that would make it better."
7:51:28 PM
BEN MUSE, representing self, Juneau, said he opposes SB 23 and
SB 24, but he believes the upcoming dividend payments should be
made according to existing state law. He noted that many people
have been testifying about the tough tradeoffs between dividend
payments and other programs such as education and the ferry
system. He suggested that a lot of the problems stem from the
refusal to consider new revenue sources. He concluded saying, "I
think that is crippling our ability to deal with the budget
crisis that we're facing."
7:52:21 PM
TULENA HUDDLESTON, representing self, Palmer, said she is a
retired accountant, a mother, and grandmother of Alaskans. She
said she supports SB 23 and SB 24 because the poor, our
children, and our grandchildren need it to pay for their
education. She believes the government should control its
spending and that an income tax is a better approach for the
state.
7:53:18 PM
JEFFERY KNAUF, representing self, Anchorage, said he stands in
full support of SB 23 and SB 24. He called a point of order to
say that Alaska is the 49th state and it ranks 49th to 50th in
every category. He said this is nothing more than Einstein's
definition of insanity. You can't expect a different outcome
when you continue to overfund what doesn't work. It's time to
start over, he said.
7:54:26 PM
AARON HALL, representing self, North Pole, said he strongly
supports SB 23 and SB 24. He said it's the government's job to
protect people, not to educate the people; that is the parents'
job. He said the Governor was elected on the promise to pay back
the PFD and legislators should remember that. This debate should
not be about which service is more important. It should be about
balancing the budget and getting back to reality, he said.
7:55:21 PM
BILL AIKENS representing self, said he strongly supports SB 23
and SB 24 and Governor Dunleavy's wise approach to balancing the
budget. He said Alaska has a moral problem with a spiritual
root. People who have spent years spending other peoples' money
expect that to continue. The Governor doesn't support that. He
maintained that the solution to the education problem lies in
the difference between Christian and home schools versus
Anchorage schools.
7:56:25 PM
WENDY ALDERSON, representing self, Sitka, said she and her
husband are commercial fishermen and 30 year residents. They
live in the community year round and shop in local stores. She
stated strong opposition to SB 23 and SB 24. She said it would
be easy to more somewhere warmer in the off season, but they
choose to live in Sitka because of the quality of life. This
includes the excellent public school education her child has
received. She said there is no way a padded dividend will make
up for slashing the education budget. An extra $1,500 won't make
her commit to stay in a state that prioritizes a quick buyoff
over a long term investment in the children of Alaska. She
voiced support for a reasonable dividend and an income tax.
7:57:32 PM
MONICA EASTHAM, representing self, Sitka, said she's a lifelong
Alaskan who opposes SB 23 and SB 24. She maintained that the
money should go to sustain important services like education,
the Pioneer Home, and the Alaska Marine Highway. She predicted
that many jobs would be lost if this legislation passes.
7:58:16 PM
DIANE BUNDY, representing self, Kenai, spoke in high support of
SB 23 and SB 24, restoring the peoples' money, and the Governor.
She offered her view that the government needs to be cut, and
that the education system is broken. More money is not the
solution, she said.
7:59:25 PM
GREG WEAVER, representing self, Mat-Su, said he'd like the state
to get back to basics and take care of the people who've lived
here for decades. He voiced support for more politicians like
Dick Proenneke, Jay Hammond, and Sarah Palin. He described
Anchorage and the Valley as the heartland of the state and
maintained that they support coastal villages.
CHAIR SHOWER asked if he supported or opposed SB 23 and SB 24.
MR. WEAVER replied, "Kill um."
8:00:37 PM
GREGORY WHITE, representing self, Anchorage, said he supports SB
23 and SB 24. He's received the PFD since 1986. The dividend
fund was set up for the people and was never intended to fund
government programs or services.
8:01:02 PM
FARLEY DEAN, representing self, Willow, said he's a father of
four and grandfather of nine. He strongly supports SB 23 and SB
24 and the Governor's budget. More than enough money has gone
toward education, he said.
8:01:47 PM
RANDY GRIFFIN, representing self, Fairbanks, said he opposes SB
23 and SB 24 and he hopes there is a way to opt out of receiving
the back payments should the bills pass. He said he plans to
apply for the 2019 PFD and, just as he's done for the last four
years, he'll sign the check over to the General Fund to help
with the deficit. He said he doesn't mind paying tax on the PFD
but does not want to be saddled with the extra tax on the
payback.
8:02:49 PM
KRISTEN HOMER, representing self, Sitka, stated strong
opposition to SB 23 and SB 24. She believes the supplemental
PFDs the Governor proposed will be harmful to the state. The
money should instead be spent on education, ferries, Medicaid,
and other essential services. She has two children in the school
district, and she works as a nurse practitioner in a school-
based health clinic. She said that every day she sees the
benefit that quality education and the access to health care
have on Alaskan youth. Because they are the future leaders of
the state, continuing to invest in the educational system is the
best investment for the future of Alaska. Giving individuals a
few extra dollars is short sighted and will ultimately cripple
the state, she said.
8:03:55 PM
BRIDGET HITCHCOCK, representing self, Sitka, said she is a
mother and a physical therapist at the local hospital, and she
strongly opposes SB 23 and SB 24. She said the legislation
proposes a short term infusion of cash for individuals, but it
will take away from essential state services like education,
ferries, Pioneer Homes, and health care that benefit all
Alaskans. She expressed concern about the effect of the
legislation on the viability of her community.
8:04:46 PM
SARA BEABER-FUJIOKA, representing self, Sitka, said she strongly
opposes the supplemental PFDs. Without supplemental revenues
these payments will gut state and local budgets leading to the
loss of public services that are core to a civil society. She
said government is how the people come together to meet public
needs and provide services that individuals cannot organize or
pay for. This includes public schools, the university, Medicaid,
Pioneer Homes, and the ferry system. She said earlier
generations of Alaskans wisely invested oil revenues to help pay
for services when oil revenues waned. She said now is the time
to use the allowable portion of the permanent fund in a
sustainable way to support essential services.
8:05:41 PM
DAVID NEES, representing self, Anchorage, Alaska, said he and
his family voted for Governor Dunleavy and they fully support SB
23 and SB 24. He reminded everyone that the dividend was set
aside as the peoples' money as their portion of the oil
royalties. "It is part of the private economy and that is
exactly where it belongs," he said.
8:06:56 PM
SIRI SCHLIES, representing self, Anchorage, said she called to
say, "I'm for the permanent fund." She agreed with the previous
testimony that this is the peoples' money as their portion of
the oil royalties because the oil on private property belongs to
the state.
8:07:54 PM
NATASHA LESKO, representing self, Palmer, Alaska, said she is a
small business owner and a large portion of her clientele
depends on the PFD. She firmly believes in the dividend and she
sees that it is good for the economy, small businesses in
particular.
8:09:13 PM
DAN POLTA, superintendent, Denali Borough School District,
Healy, Alaska, stated opposition to SB 23 and SB 24. Should the
bills pass, they would remove important tools needed to solve
Alaska's fiscal morass. He drew analogies and asked the
committee not to lock away such important tools when the state
has so much work to complete. He pointed out that teachers will
recover if they're laid off, but the students that are left
behind will have less support in learning to read, write and
problem solve. He worries about their ability to gain the skills
demanded of workers in a modern economy and secure good jobs and
help build Alaska into a great state for everyone.
JEANEAN COREY, representing self, Chugiak, stated support for SB
23 and SB 24. She said government should manage its finances
responsibly; more money doesn't necessarily solve a problem. She
offered her belief that home schools are more effective and cost
less than public schools.
8:11:21 PM
STEVE MECKEL, representing self, Fairbanks, stated strong
opposition to SB 23 and SB 24. He said he believes it is
shortsighted and irresponsible to pay large dividends,
particularly when the tradeoff is cuts to education, health
care, and critical infrastructure.
8:12:00 PM
MARK HUDDELSTON, representing self, Palmer, stated support for
reinstating the PFD, the new Governor, and getting the budget
under control. He pointed out that Governor Hammond developed
the PFD as part of the state royalty system and not to supply
money to the school system. That is a separate issue, he said.
8:13:02 PM
CINDY HIMMELBERGER, representing self, Ketchikan, stated full
support for SB 23 and SB 24. She said those who opposes this
legislation should have the option to donate their share.
People also have the right to vote on this matter. She believes
that the education system needs to be reformed. This includes
requiring everyone to contribute and halting free services.
8:14:05 PM
BERVERLY EDWARDSON HUGO, representing self, Utqiagvik, stated
opposition to SB 23 and SB 24. She argued against the
administration's budget proposal to redirect oil property taxes
from local governments to the state. "Don't take from the North
Slope, Arctic slope. This is ours; this is from our land," she
said.
8:15:29 PM
JESSE VIZCOCHO, representing self, Anchorage, urged the
committee to pass SB 23 and SB 24 because the $2.3 billion in
unpaid dividends sitting in the earnings reserve is owed to
Alaskans.
8:16:20 PM
ANTHONY BAIOCCHI, representing self, Wasilla, said he stands
tall with Governor Dunleavy and he supports SB 23 and SB 24. He
told the committee to remember the constituents that elected
them to support right-sizing the government and restoring the
unpaid PFD money. He said he does not support socialism,
Communism, or the redistribution of wealth but recognizes the
need to streamline a failed education system.
8:17:19 PM
CHAIR SHOWER thanked the testifiers and noted that his office
had received more than 1,000 comments between written and oral
testimony. He said everyone who signed up to testify this
evening has been heard and anyone who had not had a chance to
call in could submit written testimony to
[email protected].
8:18:14 PM
CHAIR SHOWER closed public testimony on SB 23 and SB 24 and held
the bills in committee.
8:18:54 PM
There being no further business to come before the committee,
Chair Shower adjourned the Senate State Affairs Standing
Committee meeting at 8:18 pm.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SSTA OFFICIAL AGENDA .pdf |
SSTA 3/5/2019 3:30:00 PM |
Agenda |
| SB 32 Transmittal Letter.pdf |
SJUD 2/6/2019 1:30:00 PM SJUD 2/8/2019 1:30:00 PM SSTA 3/5/2019 3:30:00 PM SSTA 4/11/2019 3:30:00 PM |
SB 32 |
| SB 32 - Classification and Sentencing Highilghts.pdf |
SJUD 2/6/2019 1:30:00 PM SSTA 3/5/2019 3:30:00 PM SSTA 4/4/2019 1:30:00 PM SSTA 4/9/2019 3:30:00 PM SSTA 4/11/2019 3:30:00 PM SSTA 4/15/2019 6:00:00 PM SSTA 4/16/2019 3:30:00 PM SSTA 4/18/2019 1:30:00 PM |
SB 32 |
| SB 32 - Classification and Sentencing Sectional.pdf |
SJUD 2/6/2019 1:30:00 PM SSTA 3/5/2019 3:30:00 PM SSTA 4/4/2019 1:30:00 PM SSTA 4/16/2019 3:30:00 PM SSTA 4/18/2019 1:30:00 PM |
SB 32 |
| SB 32-FN1-DPS.pdf |
SSTA 3/5/2019 3:30:00 PM |
SB 32 |
| SB 32-FN2-DOL.pdf |
SSTA 3/5/2019 3:30:00 PM |
SB 32 |
| SB 32-FN5-DHSS.pdf |
SSTA 3/5/2019 3:30:00 PM |
SB 32 |
| SB32-FN6-DOC.pdf |
SSTA 3/5/2019 3:30:00 PM |
SB 32 |
| SB32-FN-Court System.pdf |
SSTA 3/5/2019 3:30:00 PM |
SB 32 |
| SB32-FN-DOA-Public Advocacy.pdf |
SSTA 3/5/2019 3:30:00 PM |
SB 32 |
| SB32-FN-DOA-Public Defender Agency.pdf |
SSTA 3/5/2019 3:30:00 PM |
SB 32 |
| SB 23 TL - Senate President.pdf |
SSTA 2/5/2019 3:30:00 PM SSTA 2/28/2019 3:30:00 PM SSTA 3/5/2019 3:30:00 PM SSTA 3/7/2019 3:30:00 PM SSTA 3/12/2019 3:30:00 PM |
SB 23 |
| SB0023A.PDF |
SSTA 2/5/2019 3:30:00 PM SSTA 2/26/2019 3:30:00 PM SSTA 2/28/2019 3:30:00 PM SSTA 3/5/2019 3:30:00 PM SSTA 3/7/2019 3:30:00 PM SSTA 3/12/2019 3:30:00 PM |
SB 23 |
| SB23 Sectional.pdf |
SSTA 2/5/2019 3:30:00 PM SSTA 2/26/2019 3:30:00 PM SSTA 2/28/2019 3:30:00 PM SSTA 3/5/2019 3:30:00 PM SSTA 3/7/2019 3:30:00 PM SSTA 3/12/2019 3:30:00 PM |
SB 23 |
| SB 24 TL - Senate President.pdf |
SSTA 2/5/2019 3:30:00 PM SSTA 2/26/2019 3:30:00 PM SSTA 2/28/2019 3:30:00 PM SSTA 3/5/2019 3:30:00 PM |
SB 24 |
| SB0024A.PDF |
SSTA 2/5/2019 3:30:00 PM SSTA 2/26/2019 3:30:00 PM SSTA 2/28/2019 3:30:00 PM SSTA 3/5/2019 3:30:00 PM |
SB 24 |
| SB24 Sectional.pdf |
SSTA 2/5/2019 3:30:00 PM SSTA 2/26/2019 3:30:00 PM SSTA 2/28/2019 3:30:00 PM SSTA 3/5/2019 3:30:00 PM SSTA 3/7/2019 3:30:00 PM SSTA 3/12/2019 3:30:00 PM |
SB 24 |
| SB 24 Fiscal Note.PDF |
SSTA 2/5/2019 3:30:00 PM SSTA 2/26/2019 3:30:00 PM SSTA 2/28/2019 3:30:00 PM SSTA 3/5/2019 3:30:00 PM SSTA 3/7/2019 3:30:00 PM SSTA 3/12/2019 3:30:00 PM |
SB 24 |
| SB 23 and 24 presentation.pptx |
SSTA 2/5/2019 3:30:00 PM SSTA 2/26/2019 3:30:00 PM SSTA 2/28/2019 3:30:00 PM SSTA 3/5/2019 3:30:00 PM SSTA 3/7/2019 3:30:00 PM SSTA 3/12/2019 3:30:00 PM |
SB 23 SB 24 |
| SB32 - Version A.pdf |
SJUD 2/6/2019 1:30:00 PM SJUD 2/8/2019 1:30:00 PM SJUD 2/9/2019 1:00:00 PM SSTA 3/5/2019 3:30:00 PM SSTA 4/4/2019 1:30:00 PM SSTA 4/9/2019 3:30:00 PM SSTA 4/11/2019 3:30:00 PM SSTA 4/15/2019 6:00:00 PM |
SB 32 |
| DOR S STA Letter.2.26.2019.pdf |
SSTA 3/5/2019 3:30:00 PM |
DOR PFD Info |
| 23&24 (IN FAVOR) Written Testimony(uploaded 03-06-19).pdf |
SSTA 3/5/2019 3:30:00 PM |
SB 23 SB 24 Written Testimony (IN FAVOR) |
| 23&24 (NOT IN FAVOR) Written Testimony(uploaded 03-06-19).pdf |
SSTA 3/5/2019 3:30:00 PM |
SB 23 SB 24 Written testimony (not in favor) |
| 23&24 (VARIOUS TESTIMONY) (uploaded 03-06-19).pdf |
SSTA 3/5/2019 3:30:00 PM |
SB 23 SB 24 Written Testimony (various comments) |
| SB 32 Support Crime Bills AACOP.pdf |
SSTA 3/5/2019 3:30:00 PM |
SB 32 |
| SB 32 - PSEA Letter of Support.pdf |
SSTA 3/5/2019 3:30:00 PM |
SB 32 |