04/04/2019 01:30 PM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB78 | |
| SB92 | |
| SB40 | |
| SJR5 | |
| SB32 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SB 32 | TELECONFERENCED | |
| *+ | SB 78 | TELECONFERENCED | |
| *+ | SB 92 | TELECONFERENCED | |
| *+ | SB 40 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SJR 5 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
April 4, 2019
1:35 p.m.
DRAFT
MEMBERS PRESENT
Senator Mike Shower, Chair
Senator John Coghill, Vice Chair
Senator Peter Micciche
MEMBERS ABSENT
Senator Lora Reinbold
Senator Scott Kawasaki
COMMITTEE CALENDAR
SENATE BILL NO. 78
"An Act establishing May 31 of each year as Katie John Day."
- MOVED SB 78 OUT OF COMMITTEE
SENATE BILL NO. 92
"An Act relating to contributions from permanent fund dividends
to the general fund."
- HEARD & HELD
SENATE BILL NO. 40
"An Act establishing the month of February as Black History
Month."
- MOVED SB 40 OUT OF COMMITTEE
SENATE JOINT RESOLUTION NO. 5
Proposing amendments to the Constitution of the State of Alaska
relating to the Alaska permanent fund and the permanent fund
dividend.
- MOVED CSSJR 5(STA) OUT OF COMMITTEE
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
PREVIOUS COMMITTEE ACTION
BILL: SB 78
SHORT TITLE: ESTABLISH MAY 31 AS KATIE JOHN DAY
SPONSOR(s): SENATOR(s) BISHOP
03/06/19 (S) READ THE FIRST TIME - REFERRALS
03/06/19 (S) STA
03/29/19 (S) STA WAIVED PUBLIC HEARING NOTICE,RULE
23
04/04/19 (S) STA AT 1:30 PM BUTROVICH 205
BILL: SB 92
SHORT TITLE: PFD CONTRIBUTIONS TO GENERAL FUND
SPONSOR(s): SENATOR(s) WILSON
03/18/19 (S) READ THE FIRST TIME - REFERRALS
03/18/19 (S) STA, FIN
03/29/19 (S) STA WAIVED PUBLIC HEARING NOTICE,RULE
23
04/04/19 (S) STA AT 1:30 PM BUTROVICH 205
BILL: SB 40
SHORT TITLE: BLACK HISTORY MONTH
SPONSOR(s): SENATOR(s) GRAY-JACKSON
01/28/19 (S) READ THE FIRST TIME - REFERRALS
01/28/19 (S) STA
04/03/19 (S) STA WAIVED PUBLIC HEARING NOTICE,RULE
23
04/04/19 (S) STA AT 1:30 PM BUTROVICH 205
BILL: SJR 5
SHORT TITLE: CONST. AM.:PERMANENT FUND & DIVIDEND
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/30/19 (S) READ THE FIRST TIME - REFERRALS
01/30/19 (S) STA, JUD, FIN
03/28/19 (S) STA AT 3:30 PM BUTROVICH 205
03/28/19 (S) Heard & Held
03/28/19 (S) MINUTE(STA)
04/02/19 (S) STA AT 3:30 PM BUTROVICH 205
04/02/19 (S) Scheduled but Not Heard
04/03/19 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
04/03/19 (S) <Bill Hearing Canceled>
04/03/19 (S) JUD AT 6:00 PM BELTZ 105 (TSBldg)
04/03/19 (S) <Bill Hearing Canceled>
04/04/19 (S) STA AT 1:30 PM BUTROVICH 205
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
03/05/19 (S) Heard & Held
03/05/19 (S) MINUTE(STA)
04/04/19 (S) STA AT 1:30 PM BUTROVICH 205
WITNESS REGISTER
DARWIN PETERSON, Staff
Senator Click Bishop
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced SB 78 on behalf of the sponsor.
KATHERINE MARTIN, Senior Vice President
Ahtna, Inc.
Glennallen, Alaska
POSITION STATEMENT: Testified from Mentasta Village in support
of SB 78.
MICHELLE ANDERSON, President
Ahtna, Inc.,
Glennallen, Alaska
POSITION STATEMENT: Testified from Mentasta Village in support
of SB 78.
NICHOLAS OSTROVSKY, Managing Counsel
Ahtna, Inc.
Glennallen, Alaska
POSITION STATEMENT: Testified from Mentasta Village in support
of SB 78.
EILEEN EWAN, President
Gulkana Village Council
Gulkana Village, Alaska
POSITION STATEMENT: Testified from Mentasta Village in support
of SB 78.
NICOLE BORROMEO, General Counsel
Alaska Federation of Natives
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 78.
KIM REITMEIER, Executive Director
ANCSA Regional Association
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 78.
SENATOR DAVID WILSON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 92.
ANNE WESKE, Director
Permanent Fund Dividend Division
Department of Revenue
Juneau, Alaska
POSITION STATEMENT: Answered questions related to SB 92.
EMILY NAUMAN, Deputy Director
Legislative Legal Services
Legislative Affairs Agency
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided information related to SB 92.
MIKE PRAX, representing self
Fairbanks, Alaska
POSITION STATEMENT: Encouraged the committee to pass SB 92.
SENATOR ELVI GRAY-JACKSON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 40.
JAYDEN HODGSON, Intern
Senator Grey-Jackson
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided information about SB 40 on behalf
of the sponsor.
CELESTE HODGE GROUWDEN, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 40.
WILLIAM MILKS, Assistant Attorney General
Civil Division
Labor & State Affairs Section
Juneau, Alaska
POSITION STATEMENT: Responded to questions raised in an earlier
hearing on SJR 5.
ROBERT HENDERSON, Deputy Attorney General
Criminal Division
Department of Law
Anchorage, Alaska
POSITION STATEMENT: Provided an overview of the drug
classifications under SB 32.
ACTION NARRATIVE
1:35:46 PM
CHAIR MIKE SHOWER called the Senate State Affairs Standing
Committee meeting to order at 1:35 p.m. Present at the call to
order were Senators Coghill, Kawasaki, and Chair Shower. Senator
Reinbold was tending to a family matter and Senator Micciche
joined the committee as the meeting was in progress.
SB 78-ESTABLISH MAY 31 AS KATIE JOHN DAY
1:37:08 PM
CHAIR SHOWER announced the consideration of SENATE BILL NO. 78,
"An Act establishing May 31 of each year as Katie John Day."
1:37:28 PM
DARWIN PETERSON, Staff, Senator Click Bishop, Alaska State
Legislature, Juneau, Alaska, introduced SB 78 reading the
following:
• Senate Bill 78 proposes to amend Alaska Statutes -
Title 44, Chapter 12, by adding a new section
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designating May 31 as Katie John Day in honor of her
legacy.
• Katie John was a highly respected Athabascan elder
from Mentasta Lake. She passed away on May 31, 2013.
She was 97 years old.
• Katie John grew up on the banks of the Copper River
near the present day community of Slana and the
seasonal fishing village of Batzulnetas. Her parents
were Ahtna Chief Charley Sanford and Sarah Sanford.
• Katie John was raised off the land like her ancestors.
o She was a consummate teacher of her ancestral
traditions, culture and history.
o She was a member of the Ahtna Regional Native
Corporation.
o She was very passionate about preserving the
Athabascan culture.
o She was also very involved in the preservation
and teaching of her Athabascan language and
helped create the first alphabet for the Ahtna
dialect.
• Katie John became well known throughout Alaska
starting in 1985 when she and another Athabascan
elder, Doris Charles, filed suit against the State of
Alaska in federal Court to resolve a longstanding
quarrel over customary and traditional fishing rights.
• The dispute arose in 1964 after the State Board of
Fish banned subsistence fishing at Batzulnetas which
is located on the Copper River at the confluence of
Tanada Creek. This village site had been used for
hundreds of years by the Ahtna people to harvest
sockeye salmon.
• The case against the State went through many
iterations and ultimately, another lawsuit (Katie John
vs. United States of America) was filed in 1990 on
behalf of Katie John, Doris Charles and the Mentasta
Village Council.
• The Katie John Case as it became widely known was
brought forward in the hopes of broadening the
definition of "public lands" in Section 102 of ANILCA
to include navigable waters. ANILCA is the Alaska
National Interest Lands Conservation Act which was
passed by Congress and signed into law by President
Carter in 1980. The Katie John Case also sought the
creation of a federal subsistence fishery in the
Batzulnetas area which was included in the Wrangell-
St. Elias National Park through the passage of ANILCA.
• This case also went through many iterations and
appeals but ultimately it was resolved on July 3,
2013, when the Ninth Circuit Court of Appeals issued a
decision that during times of shortage, the federal
government may provide a rural subsistence fishing
priority on navigable waters in Alaska.
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• Finally, on March 31, 2014, the U.S. Supreme Court
ultimately decided to reject a petition filed by the
State of Alaska to overturn Katie John, bringing to a
close almost three decades of litigation.
• Sadly, Katie John didn't live long enough to witness
the final resolution of her peaceful struggle to
preserve the traditional way of life for her people.
With the passage of SB 78, we can do our part to honor
her memory and to recognize the accomplishments of her
life's work.
• Katie John and her husband, Chief Fred John (who
passed away in 2000), raised 14 children and 6 foster
children. Together, they leave behind approximately
250 grandchildren, great-grandchildren and great-
great-grandchildren.
• In your packets, we have letters and resolutions of
support from the Mentasta Traditional Council and the
Alaska Federation of Natives.
1:41:46 PM
SENATOR KAWASAKI asked why the bill honors Katie John on the day
of her passing rather than the day of her birth.
MR. PETERSON answered that the Alaska Federation of Natives
passed a resolution requesting that date. It not only honors her
passing but also recognizes the final resolution of her life-
long battle.
SENATOR COGHILL noted that he signed on as a co-sponsor in
recognition of Katie John's tenacity. Her name is famous and
worthy of honor, regardless of where you stand on the issue, he
said.
1:43:53 PM
CHAIR SHOWER opened public testimony on SB 78.
1:44:15 PM
KATHERINE MARTIN, Senior Vice President, Ahtna, Inc.,
Glennallen, stated that as one of Katy John's granddaughters she
wants to recognize Grandma Katie and honor what she has done for
all Native people of Alaska for subsistence. She related that
another reason that May 31 was chosen as the date to honor Katie
John is that it is the first day that fishwheels can be placed
in the river in the Ahtna region.
1:45:26 PM
MICHELLE ANDERSON, President, Ahtna, Inc., Glennallen, stated
that it might not be a coincidence that the corporation is in
Mentasta Village on the day of this hearing. She said she feels
that Grandma Katie is part of this. She reported that Ahtna,
Inc. and a number of other Native corporations have been trying
to get May 31 designated as Katie John Day since a year after
she passed. She thanked Representative Neil Foster and Senator
Click Bishop for their support and for realizing the importance
of recognizing Alaska Native leaders. She continued to say:
We have a huge history in Alaska and it's pretty rare
to find any day where our people are recognized. Katie
John is a Civil Rights leader in my mind, not just to
Alaska Natives but to all Alaskans. She stood her
ground. She stood for fighting for traditional fishing
rights and she is known by her name. Very few Alaskans
have that prestige and honor. Not just for those of us
who are alive today, I want people for generations
down the road to know who she was, how important she
was to all of us and that she deserves her day of
recognition.
1:47:20 PM
NICHOLAS OSTROVSKY, Managing Counsel, Ahtna, Inc., Glennallen,
stated that Katie John spearheaded the most significant
legislation about subsistence and cultural rights in the history
of Alaska. Her tenacity and willingness to stand up for her
people helped to protect the customary and traditional way of
life for all Alaska Natives. It is fitting to mark a specific
day to honor that she effectively changed how subsistence
hunting and fishing is defined in Alaska today.
1:48:14 PM
EILEEN EWAN, President, Gulkana Village Council, Gulkana
Village, stated that on behalf of GVC she supports May 31 as
Katie John Day to recognize her fight for traditional rights for
the people of Alaska. It is also a way to pay respect to a
forceful leader "who stood her ground till the end of her days."
1:49:04 PM
SENATOR MICCICHE joined the committee.
1:49:12 PM
NICOLE BORROMEO, General Counsel, Alaska Federation of Natives,
Anchorage, stated that members had copies of the AFN resolution
in their packets and said she wanted to echo the comments in
strong support of SB 78, particularly the comments of Senator
Coghill and Nicholas Ostrovsky. She emphasized that Katie John
was an extraordinary Alaska Native who made significant
contributions to the state. Her spirit should be honored by
declaring May 31 as Katie John Day.
1:50:27 PM
KIM REITMEIER, Executive Director, ANCSA Regional Association,
Anchorage, stated that the association represents the presidents
and CEOs of the 12 land-based Alaska regional Native
corporations. Their mission is to promote and foster the
continued growth and economic strength of Alaska Native
corporations on behalf of more than 130,000 shareholders. She
said Alaskans respected Katie John for her tireless leadership
in protecting traditional hunting and fishing rights. Ensuring
these protections continue is a policy priority of the
association. "Our members have an acute understanding that our
traditional Alaska Native way of life [is] the thread that binds
us to our land and to our culture." She said the many sacrifices
she made to ensure that future generations of Alaska Natives
would not be denied the right she fought so hard to defend is
the reason the association supports SB 78. She noted the
association also submitted written testimony.
1:51:54 PM
CHAIR SHOWER closed public testimony on SB 78. He advised that
written testimony could be submitted to
[email protected].
1:52:16 PM
At ease
1:56:10 PM
CHAIR SHOWER reconvened the meeting and asked the will of the
committee.
1:56:26 PM
SENATOR COGHILL moved to report SB 78, version U, from committee
with individual recommendations and attached zero fiscal
note(s).
CHAIR SHOWER found no objection and SB 78 was reported from the
Senate State Affairs Standing Committee.
1:56:40 PM
At ease
SB 92-PFD CONTRIBUTIONS TO GENERAL FUND
1:57:40 PM
CHAIR SHOWER reconvened the meeting and announced the
consideration of SENATE BILL NO. 92, "An Act relating to
contributions from permanent fund dividends to the general
fund."
1:57:53 PM
SENATOR DAVID WILSON, Alaska State Legislature, Juneau, Alaska,
sponsor of SB 92, introduced the legislation speaking to the
following sponsor statement: [Original punctuation provided.]
Senate Bill 92 would give Alaskans the option of
donating all or a portion of their Permanent Fund
dividends (PFDs) directly to the state's general fund.
Many Alaskans have told me they wouldn't mind giving
up a portion of their dividends to pay for state
government. This bill creates a simple mechanism for
them to do so. If you want to donate your dividend,
that's your choice. If you want to keep your dividend,
you're free to do so. Senate Bill 92 is about the
freedom to make your own decision.
Participants will be able to contribute $25, $50, $75,
$100, or more, in increments of $50, up the total
amount of the PFD.
A donation to the state's general fund, in some cases,
can be counted as a charitable donation for federal
tax purposes. It's advised, however, that Alaskans
consult with a tax professional to verify how this may
apply [to] them individually.
PFD donations are subject to a seven percent
administrative fee paid to the Permanent Fund Dividend
Division.
Currently, PFD applicants can donate directly to the
Crime Victim Compensation Fund, the Peace Officer and
Firefighter Survivors' Fund, or one or more of the
educational organizations, community foundations, or
charitable organizations that appear on the
contribution list contained in the application. The
bill would add the state's general fund to that list.
Thank you for your consideration of Senate Bill 92.
1:59:04 PM
SENATOR WILSON delivered the following sectional analysis for SB
92.
Section 1: Amends AS 43.23.130(a) to include "the
general fund" in the list of funds and organizations
who electronic Alaska permanent fund dividend
applicants may direct contributions to. (page 1, lines
3-15 continuing on page 2, lines 1-6)
Section 2: Amends AS 43.23.130(b) to add "the general
fund" to the list of organizations, community
foundations, or charitable organizations eligible to
be added to the contributions list. (page 2, lines 8-
17)
Section 3: Amends AS 43.23.130(j) to include "and
funds" to the contributions report. (page 2, lines 19-
22)
Section 4: Amends AS 43.23.130(m) by adding "the
general fund" to the list of funds which the
department may not withhold a coordination fee. (page
2, lines 24-31 continuing on page 3, lines 1-6)
Section 1: Amends AS 43.23.130(a) to include "the
general fund" in the list of funds and organizations
who electronic Alaska permanent fund dividend
applicants may direct contributions to. (page 1, lines
3-15 continuing on page 2, lines 1-6)
SENATOR WILSON stated that he would like the committee to adopt
an amendment or clarify the intent to have a separate button
from the Pick.Click.Give. button and that there would be a seven
percent administrative fee to implement the online application
process. He noted that a revised fiscal note was forthcoming.
He summarized that SB 92 gives the people of Alaska the
opportunity to support the services they want and need with all
or part of their dividend. "Before we plan to cut the dividend,
let's see how many Alaskans are willing to put forth their
contribution to the State of Alaska." He noted who was available
to answer questions.
2:04:15 PM
SENATOR COGHILL commented that he thought about starting a
nonprofit called the "general fund." He asked if the bill should
specify the general fund of the State of Alaska.
SENATOR WILSON answered no; the intent is for the state general
fund and there is also the statement that the donations are
subject to a seven percent administrative fee.
SENATOR COGHILL asked what the current process is to return a
dividend.
SENATOR WILSON offered his understanding that Alaskans can write
a check to the Division of the Treasury. More importantly, when
somebody decides not to apply for a dividend, their share does
not go back to the general fund. Instead, the dividend is
recalculated and all applicants receive a little larger
dividend.
2:05:58 PM
ANNE WESKE, Director, Permanent Fund Dividend Division,
Department of Revenue, Juneau, explained that when people ask
how they can return their dividend to the state, the division
suggests they write a check to the Department of Revenue and it
will then be routed to the general fund. This option isn't well
known and SB 92 will help get the word out.
CHAIR SHOWER asked if not filing for a dividend at all would be
a better way.
MS. WESKE clarified that opting not to file a dividend
application does not benefit the state. It would increase
everyone else's dividend a little.
2:07:32 PM
SENATOR MICCICHE asked if the portion an individual donates back
to the state would be exempt from taxation.
SENATOR WILSON answered that tax would be due. He also
recommended consulting a tax professional.
SENATOR MICCICHE asked Ms. Weske to research whether or not it
would be possible to contribute the entire dividend to the state
tax free since the money never leaves state control. He
acknowledged that donations through Pick.Click.Give. are not tax
free.
MS. WESKE said she'll look into whether a contribution that
never reaches your bank account would be tax free.
SENATOR WILSON recalled a discussion in Senate Finance last year
on this topic and there didn't seem to be a way around paying
the tax on the contribution.
2:12:10 PM
CHAIR SHOWER asked the sponsor or Ms. Weske to talk about the
constitutional and legal issues associated with designating all
or part of the dividend to a specific department or division.
SENATOR WILSON confirmed that there is a constitutional
prohibition against designating funds that are donated to the
state. He said he also looked for a mechanism for that within
the Pick.Click.Give. program but the programing was cost
prohibitive.
CHAIR SHOWER asked what the difference is between an individual
donating for a specific purpose and the legislature
appropriating for a specific purpose.
MS. WESKE said she'd need to research it more before giving an
answer.
SENATOR WILSON said he believes the dedicated funds prohibition
is the same for a person and the legislature, but the
legislature has the power of appropriation.
2:15:20 PM
SENATOR KAWASAKI said he looks forward to receiving more
information from DOR about the tax implications about donating
all or part of the dividend. He then asked Ms. Weske how much
the state received from the education [raffle] and if it diluted
the amount of money for charitable giving.
MS. WESKE reported that the education raffle received just under
$1 million and the Pick.Click.Give program received just under
$3 million. Everyone was pleased and probably a little surprised
that the education raffle didn't affect the number of donors or
the dollar amount of the Pick.Click.Give. program. It seemed to
be a different audience that gave to the education raffle, she
said.
SENATOR MICCICHE asked, if breaking it out by department isn't
possible, why does AS 43.23.130 specifically talk about
contributions from dividends to the crime victim compensation
fund and the peace officer and firefighter survivors' fund.
2:17:36 PM
EMILY NAUMAN, Deputy Director, Legislative Legal Services,
Legislative Affairs Agency, Alaska State Legislature, Juneau,
related her understanding that while the legislature retains the
power of appropriation the amount of those funds are considered
designated program receipts. They are among the long list of
things that the legislature considers to be designated and while
they are subject to appropriation, they usually do go to those
sources.
SENATOR MICCICHE commented that means you probably could
designate to a department. He said he asked about the tax
because it makes a difference. If he didn't have to pay tax on
his donation, he'd probably donate through the state program. If
he did have to pay tax on his donation, he'd give the money to
the PTA in his kid's school. He added that he didn't believe the
question about dedicated funds fits here but it would be
interesting to know the cost if other departments were included.
CHAIR SHOWER asked Ms. Nauman to respond.
MS. NAUMAN asked Senator Micciche to repeat the question.
SENATOR MICCICHE asked if she agrees that since donations to the
crime victim compensation fund and the peace officer and
firefighter survivors' fund is in statute, it would be possible
to expand the scope of donations to other departments without
compromising the dedicated fund clause.
MS. NAUMAN replied her current understanding is that it would be
possible to attempt to direct a donation to a specific purpose.
It would be subject to appropriation but the money would likely
be earmarked in a certain way like the other program receipts.
2:20:31 PM
CHAIR SHOWER asked Senator Wilson if he wanted to talk about the
cost and what he found out last year.
SENATOR WILSON responded that he was trying to get a bill passed
that wouldn't be challenged in court.
CHAIR SHOWER asked if he had any information on costs.
SENATOR WILSON said he dealt with Ms. Weske last year when he
introduced a similar bill. At that time he learned that changes
in programing and adding features to the website is costly.
MS. WESKE advised that startup for each program is about $10,000
per year plus between $1,200 and $1,800 for upkeep, which
includes reporting and updates to the application.
SENATOR WILSON said he wanted the record to reflect that
according to AS 47.10.115, kids in state custody have their
dividends held in trust until they either leave state custody or
reach age 18.
2:22:47 PM
CHAIR SHOWER found no further questions and opened public
testimony on SB 92.
2:23:05 PM
MIKE PRAX, representing self, Fairbanks, encouraged the
committee to pass SB 92. He said it should be as easy as
possible for people to return their dividend to the state if
that's what they want to do. It's important to get the program
going and fix any issues that arise next year, he said.
2:24:18 PM
CHAIR SHOWER found no one else who wished to comment and closed
public testimony on SB 92.
2:24:39 PM
CHAIR SHOWER held SB 92 in committee.
SB 40-BLACK HISTORY MONTH
2:24:57 PM
CHAIR SHOWER announced the consideration of SENATE BILL NO. 40,
"An Act establishing the month of February as Black History
Month."
2:25:21 PM
SENATOR ELVI GRAY-JACKSON, Alaska State Legislature, Juneau,
sponsor of SB 40, introduced the legislation stating the
following:
Alaska continues to face monumental challenges. We all
recognize that and there are more important issues
this legislature has been working through this
session. But, at the same time we can't forget matters
that recognize our citizens within the many diverse
communities that exist throughout our state.
Anchorage happens to be one of the most diverse
communities in the nation. When I was growing up in
New Jersey, Black history was not taught in schools.
Fortunately, it is now and our children are
discovering that many household and other items were
invented by a Black person. For example, Sarah Boone -
ironing board, Richard Spikes - automatic gear shift,
George T Sampson - clothes drier, Alexander Miles -
automatic elevator doors, Alice Parker - gas heating
furnace, Dr. George Grant - golf tee, Philip Downing -
mailbox, Washington Martin - modern toilet, Otis
Boykin - pacemaker, George Crumb - potato chips,
Garrett Morgan - traffic light.
In January we celebrated Dr. Martin Luther King Jr.
Day of service. Dr. King was my personal hero and he
paved the way for me to be here today, serving in the
Alaska State Senate. There are also many other African
American leaders that continue to shape this nation
and Alaska. One of those leaders was the late Senator
Bettye Davis. She devoted her life to helping the poor
and the disenfranchised. She was a staunch public
health advocate while also doing everything in her
power to develop a strong public education system
where everyone, no matter your background, would have
an opportunity to succeed. She was awesome and she was
someone we all knew and respected. For me to follow in
the legacy of the late Senator Bettye Davis, the first
African American woman to serve in the Senate, it is
truly an honor.
Mr. Chairman and members of the committee, please join
me in recognizing the many accomplishments of African
Americans throughout Alaska by enshrining in statute,
Black History Month.
2:27:44 PM
JAYDEN HODGSON, Intern, Senator Grey-Jackson, Alaska State
Legislature, Juneau, stated that Black History Month is
currently recognized by resolution, not state statute. SB 40
would change that. Nationally, February has been celebrated as
Black History Month since 1976. He noted the zero fiscal note.
2:28:55 PM
SENATOR COGHILL asked the sponsor if she sees any value in
continuing to introduce a resolution every year to keep more
attention on the topic. He warned that once this is in statute
it might be largely forgotten.
MS. GREY-JACKSON replied she brought a resolution forward for
Black History Month each of the nine years she was on the
Anchorage Assembly and she decided that if she ever became a
legislator, she would introduce a bill to place it in state
statute. She noted that in Anchorage there is a full month of
activities that recognize Black History Month and she can
guarantee the month will be similarly recognized if this becomes
statute.
SENATOR COGHILL commented that your tenacity will probably
prevail.
2:30:47 PM
SENATOR KAWASAKI asked if the month is recognized nationally as
African American Heritage Month or Black History Month.
MR. HODGSON related his understanding that the annual observance
is called Black History Month.
CHAIR SHOWER said he does not oppose the bill but he's always
cautious about anything that could serve to divide people. But
celebrating the history of what a culture has brought to the
overall culture is a different matter. He related that he looks
at everyone as American first and everything else is just a
qualifier.
SENATOR GREY-JACKSON said she agrees but the fact is that
everyone has not always been the same.
CHAIR SHOWER said he understands racism and he realizes that it
exists worldwide, but he is cognizant of trying to keep the
nation united.
2:33:58 PM
CHAIR SHOWER opened public testimony on SB 40.
2:34:13 PM
CELESTE HODGE GROUWDEN, representing self, Anchorage, stated
that she has served as the president of NAACP for about a decade
and most recently as the president of the Shiloh Community
Development Inc. (SCDI). It is a 501(c)(3) nonprofit
organization that empowers youth, minorities, and the
disadvantaged to improve lives. Their goal is to enhance the
quality of life of the less fortunate by providing transitional
assistance, economic and educational opportunities, job search
support, health education, prevention and wellness programs, and
youth mentorships. The major emphasis of SCDI is to develop
programs for this population. She highlighted that in February
in celebration of Black History Month. Through community support
they raised enough money to pay for the day-long program. SCDI
also received a $10,000 grant to support their media justice
project that is designed to communicate throughout the state the
contributions of local African Americans. She emphasized that
the vignettes aired statewide throughout the month of February
and provided learning experiences about the accomplishments of
10 African American individuals, including the late Senator
Bettye Davis. She urged the passage of SB 40.
CHAIR SHOWER related the conversations he had with several of
the Tuskegee airmen and commented on the divides some people
have had to overcome.
2:38:29 PM
CHAIR SHOWER found no one else who wished to comment and closed
public testimony on SB 40.
2:38:40 PM
At ease
2:38:54 PM
CHAIR SHOWER reconvened the meeting. Finding no further
questions or discussion, he asked the will of the committee.
2:39:01 PM
SENATOR COGHILL moved to report SB 40, version A, from committee
with individual recommendations and no fiscal note.
2:39:25 PM
At ease
2:39:46 PM
CHAIR SHOWER reconvened the meeting and asked Senator Coghill to
restate the motion acknowledging the fiscal note.
SENATOR COGHILL moved to report SB 40, version A, from committee
with individual recommendations and attached fiscal note(s).
CHAIR SHOWER stated that without objection, SB 40 passed from
the Senate State Affairs Standing Committee.
2:40:05 PM
At ease
2:41:26 PM
CHAIR SHOWER recessed the meeting until 3:30 pm.
SJR 5-CONST. AM.:PERMANENT FUND & DIVIDEND
3:40:14 PM
CHAIR SHOWER reconvened the meeting and announced the
consideration of SENATE JOINT RESOLUTION NO. 5, Proposing
amendments to the Constitution of the State of Alaska relating
to the Alaska permanent fund and the permanent fund dividend.
Senators Kawasaki, Coghill, Micciche, and Chair Shower were
present.
CHAIR SHOWER noted that the bill was last heard on March 28 when
public testimony was heard and closed. He advised that written
testimony could be submitted to [email protected].
He asked Mr. Milks to provide the follow-up answers to questions
from the previous hearing.
3:40:59 PM
WILLIAM MILKS, Assistant Attorney General, Civil Division, Labor
& State Affairs Section, Juneau, said the primary question the
members had was about the effect of garnishments or hold
harmless provisions on the dividend. He reviewed the intent of
the legislation and advised that SJR 5 does not cover
garnishments.
3:43:11 PM
SENATOR MICCICHE pointed out that any other changes related to
eligibility would need to go to the voters.
MR. MILKS said that's correct.
3:44:09 PM
CHAIR SHOWER said he had two amendments for the committee to
consider. He also related his intention to move the bill.
3:44:27 PM
SENATOR COGHILL moved to adopt Amendment 1, work order 31-
GS1072\A.3, Nauman, 4/3/19.
AMENDMENT 1
OFFERED IN THE SENATE BY SENATOR SHOWER
TO: SJR 5
Page 2, line 11, following "effective":
Insert "on the later of"
Page 2, line 12, following "governor":
Insert B"or an effective date provided for by
concurrence of two-thirds of the membership of each house"
CHAIR SHOWER objected for discussion purposes. He explained that
these are technical changes that the drafter recommended. He
asked Mr. Milks to comment.
3:45:00 PM
MR. MILKS agreed that both amendments contain technical changes
that Legislative Legal Services thought would further clarify
the bill. The Department of Law has no objection. Amendment 1,
A.3, clarifies that the legislature could pass a bill changing
the permanent fund dividend program and later provide an
effective date with the concurrence of two-thirds of the
membership of each house.
MR. MILKS explained that the second amendment, A.4, is a
contingent law. It clarifies that a law passed by the
legislature to change the dividend is subject to a vote of the
people.
3:46:59 PM
CHAIR SHOWER removed his objection. Finding no further comment
or objection, [Amendment 1 was adopted.]
3:47:16 PM
At ease
3:47:34 PM
CHAIR SHOWER reconvened the meeting and stated that Amendment 1
passed.
3:47:51 PM
SENATOR COGHILL moved to adopt Amendment 2, 31-GS1072\A.4,
Nauman, 4/3/19.
AMENDMENT 2
OFFERED IN THE SENATE BY SENATOR SHOWER
TO: SJR5
Page 2, line 4:
Delete "Any"
Insert "Notwithstanding Section 18 of Article II, a"
Delete "Sections 14-18"
Insert "Sections 14-17"
Page 2, line 8:
Delete "proposed"
Page 2, line 9:
Delete "proposed"
Page 2, line 13:
Delete "proposed"
CHAIR SHOWER objected for discussion purposes. He said
Legislative Legal Services recommended the technical changes in
Amendment 2. He asked Mr. Milks to comment.
3:48:17 PM
MR. MILKS restated the explanation he previously gave for
Amendment 2. It is a contingent law. It clarifies that a law
passed by the legislature to change the dividend is subject to a
vote of the people. It is similar to an amendment the committee
saw last week regarding taxation.
3:49:17 PM
CHAIR SHOWER found no questions and removed his objection.
Finding no further discussion or objection, Amendment 2 passed.
He asked if there was further discussion on SJR 5.
3:49:56 PM
SENATOR COGHILL highlighted that there are lingering legal
questions that will tie the hands of the legislature going
forward regarding eligibility and timing. He expressed hope that
these questions will be addressed in the next committee.
CHAIR SHOWER said he didn't offer the third amendment that
starts to address those issues because he didn't feel there was
time for the explanation and debate. He said that amendment and
others will be offered in the judiciary committee.
3:51:00 PM
SENATOR COGHILL moved to report SJR 5, work order 31-GS1072\A,
as amended, from committee with individual recommendations,
attached fiscal note(s), and authorization for Legislative Legal
Services to make appropriate technical and conforming changes.
3:51:28 PM
CHAIR SHOWER found no objection and CSSJR 5(STA) moved from the
Senate State Affairs Standing Committee.
3:51:34 PM
At ease
SB 32-CRIMES; SENTENCING;MENT. ILLNESS;EVIDENCE
3:56:19 PM
CHAIR SHOWER reconvened the meeting and announced the
consideration of 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."
He noted the committee last heard the bill about a month ago.
The intent today is to review and refresh the members'
understanding of the bill. He reminded everybody that this
committee is looking at the bill from the state affairs policy
perspective and the judiciary perspective. He described SB 32 as
foundational to the suite of the Governor's crime bills.
3:57:35 PM
ROBERT HENDERSON, Deputy Attorney General, Criminal Division,
reviewed the drug classifications under SB 32. He explained that
SB 32 returns all drug laws to what they were pre-2016. The
primary effect is that possession of Schedule IA and Schedule
IIA controlled substances return to a class C felony offense.
For someone with no criminal history the presumptive term for
that offense is 0-2 years.
SB 32 also resets the stage on drug distribution to the pre-2016
law. Trafficking or distributing any amount of a Schedule IA
controlled substances (heroin, fentanyl, Carfentanil) is a class
A felony. Trafficking a Schedule IIA or Schedule IIIA controlled
substance (methamphetamine, cocaine) is a class B felony. The
amount that is trafficked is one factor in determining the
seriousness of the offense and location is another factor for
the court to consider. For example, trafficking heroin in
Kotzebue is different than trafficking heroin in Anchorage
because it has a different impact in each community. The court
also considers the commercial value of the drug and the manner
in which the drug is trafficked. This includes such things as
whether the trafficker possesses a firearm or is using other
individuals in the scheme. All these factors are considered when
the court is identifying the appropriate sanction for the
conduct. Finally, he said that SB 32 returns the manufacture of
methamphetamine to a class A felony.
4:02:45 PM
SENATOR KAWASAKI asked him to clarify what he said about the
location of the trafficking (such as Kotzebue versus Anchorage)
being a factor that the court would consider.
MR. HENDERSON said he used Kotzebue and Anchorage as an example
because supply and demand dictates that the street value of the
same quantities of a substance like heroin is much different in
a small rural community than a large urban community. That's
important because the increased value of the drug also increases
the danger associated with trafficking that drug. That someone
brought a dangerous drug into a small community is one factor
the court should be able to consider when determining an
appropriate sentence for that trafficking offense.
SENATOR KAWASAKI asked if that might raise equal protection
issues.
MR. HENDERSON answered no. He explained that the bill returns
trafficking of heroin to a class A felony offense and the
presumptive term of imprisonment is 5-8 years. The court can
also find that the offense should be aggravated or mitigated
depending on the amount the person was trafficking. He said it's
those aggravators and mitigators that allow the court to depart
from that presumptive range. Pre-2016 there was robust case law
that talked about how the court should look at the amount
trafficked throughout Alaska as an aggravator or mitigator. For
these reasons this provision in SB 32 would not raise an equal
protection concern, he said.
SENATOR KAWASAKI asked if he was finished reviewing the
classifications.
MR. HENDERSON answered the he was finished with the drug
overview, but there were other classifications he could discuss.
SENATOR KAWASAKI said he had several questions about raising the
classifications. He first asked if increasing possession of any
amount of a schedule IA drug such as heroin to a class C felony
would include automatic jail time.
MR. HENDERSON answered by first reviewing the existing law. He
then explained that under SB 32 the presumptive range for
conviction of a class C felony is 0-2 years jail time so the
judge has the discretion to impose no jail time or up to 2
years. He said the court needs to have the ability to impose
certain jail time if the judge wants to order a person to
residential treatment. He also explained that the suspended
entry of judgement would be available under SB 32. This tool
allows the prosecution and the defense to agree that if the
offender does all the things they're asked to do on probation,
the case is then dismissed and the judgement is not entered.
4:09:52 PM
SENATOR KAWASAKI asked if the proposed penalties for schedule
VIA substances would impact the current legal cannabis and
marijuana industry.
MR. HENDERSON answered no; under SB 32, the criminal penalties
that would attach to the possession and trafficking of marijuana
are outside the regulation of the legal marijuana industry. He
reminded the committee that at the previous hearing he discussed
a potential amendment to clarify that point.
4:11:03 PM
SENATOR MICCICHE said he has an amendment to clarify that the
legal marijuana industry authorized in AS 17 is excepted from
the increased penalties involving a controlled substance.
He also highlighted that the suspended entry of judgement is a
carrot and a stick to help someone work toward clearing their
record by successfully completing a treatment program.
4:14:36 PM
CHAIR SHOWER held SB 32 in committee.
4:15:09 PM
There being no further business to come before the committee,
Chair Shower adjourned the Senate State Affairs Standing
Committee meeting at 4:15 pm.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SSTA OFFICIAL AGENDA MEMO.pdf |
SSTA 4/4/2019 1:30:00 PM |
agenda |
| SB 78 Sponsor Statement.pdf |
SSTA 4/4/2019 1:30:00 PM |
SB 78 |
| SB 78 verU.PDF |
SSTA 4/4/2019 1:30:00 PM |
SB 78 |
| SB 78 Supporting Document ADN article.pdf |
SSTA 4/4/2019 1:30:00 PM |
SB 78 |
| SB 78 Supporting Document AFN letter.pdf |
SSTA 4/4/2019 1:30:00 PM |
SB 78 |
| SB 78 Supporting Document AFN Resolution.pdf |
SSTA 4/4/2019 1:30:00 PM |
SB 78 |
| SB 78 Supporting Document Mentasta Traditional Council.pdf |
SSTA 4/4/2019 1:30:00 PM |
SB 78 |
| SB 78 - Fiscal Note - DOA.pdf |
SSTA 4/4/2019 1:30:00 PM |
SB 78 |
| SB 92 Sponsor Statement.pdf |
SFIN 4/15/2019 9:00:00 AM SSTA 4/4/2019 1:30:00 PM |
SB 92 |
| SB 92 Version A.pdf |
SSTA 4/4/2019 1:30:00 PM |
SB 92 |
| SB 92 Sectional Summary.pdf |
SSTA 4/4/2019 1:30:00 PM |
SB 92 |
| SB 40 Sponsor Statement.pdf |
SSTA 4/4/2019 1:30:00 PM |
SB 40 |
| SB 40 Ver. A.PDF |
SSTA 4/4/2019 1:30:00 PM |
SB 40 |
| SB 40 BHM Supporting Document.pdf |
SSTA 4/4/2019 1:30:00 PM |
SB 40 |
| SB 40 - Fiscal Note - DOA.pdf |
SSTA 4/4/2019 1:30:00 PM |
SB 40 |
| SJR 5 Transmittal Letter.pdf |
SSTA 4/2/2019 3:30:00 PM SSTA 4/4/2019 1:30:00 PM |
SJR 5 |
| SJR 5 version A.pdf |
SSTA 4/2/2019 3:30:00 PM SSTA 4/4/2019 1:30:00 PM |
SJR 5 |
| SJR 5 Sectional Analysis.pdf |
SSTA 4/2/2019 3:30:00 PM SSTA 4/4/2019 1:30:00 PM |
SJR 5 |
| SJR 5 Fiscal Note GOV-DOE.pdf |
SJUD 4/8/2019 1:30:00 PM SSTA 4/2/2019 3:30:00 PM SSTA 4/4/2019 1:30:00 PM |
SJR 5 |
| SJR 5 - Amendment #1 - A.3.pdf |
SSTA 4/4/2019 1:30:00 PM |
SJR 5 |
| SJR 5 - Amendment #2 - A.4.pdf |
SSTA 4/4/2019 1:30:00 PM |
SJR 5 |
| SJR 5 - Amendment #3 - A.5.pdf |
SSTA 4/4/2019 1:30:00 PM |
SJR 5 |
| Senate State Affairs - SJR 5 Written Testimony uploaded (04-08-19).pdf |
SJUD 4/15/2019 1:30:00 PM SSTA 4/4/2019 1:30:00 PM |
SJR 5 |
| SB 32 Transmittal Letter.pdf |
SFIN 4/24/2019 1:30:00 PM SJUD 2/9/2019 1:00:00 PM SSTA 4/4/2019 1:30:00 PM SSTA 4/9/2019 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 |
| 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 |
| 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 - 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 - FN#1 - DPS.pdf |
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 |
SB 32 |
| SB 32 - FN#2 - DOL.pdf |
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 |
SB 32 |
| SB 32 - FN#5 - DHSS.pdf |
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 |
SB 32 |
| SB 32 - FN#6 - DOC.pdf |
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 |
SB 32 |
| SB 32 - FN - DOA - Public Advocacy.pdf |
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 |
SB 32 |
| SB 32 - FN - DOA - Public Defender Agency.pdf |
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 |
SB 32 |
| SB 32 - FN - Court System.pdf |
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 |
SB 32 |