02/20/2020 03:30 PM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s) | |
| SB169 | |
| SB167 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
| += | SB 169 | TELECONFERENCED | |
| += | SB 167 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
February 20, 2020
3:30 p.m.
MEMBERS PRESENT
Senator Joshua Revak, Chair
Senator John Coghill, Vice Chair
Senator Mia Costello
Senator Scott Kawasaki
Senator David Wilson
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CONFIRMATION HEARINGS
Alaska Police Standards Council
Ed Mercer - Juneau
Joseph White - Ketchikan
Jennifer Winkelman - Juneau
Daniel Weatherly - Anchor Point
- CONFIRMATIONS ADVANCED
SENATE BILL NO. 169
"An Act relating to special request registration plates
celebrating the arts; and relating to the Alaska State Council
on the Arts."
- HEARD & HELD
SENATE BILL NO. 167
"An Act providing for an aggravating factor at sentencing for
contractors, volunteers, and employees of the Department of
Corrections; and providing for an effective date."
- MOVED SB 167 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 169
SHORT TITLE: LICENSE PLATES: COUNCIL ON ARTS
SPONSOR(s): SENATOR(s) STEVENS
01/29/20 (S) READ THE FIRST TIME - REFERRALS
01/29/20 (S) EDC, STA, FIN
02/06/20 (S) EDC AT 9:00 AM BUTROVICH 205
02/06/20 (S) Heard & Held
02/06/20 (S) MINUTE(EDC)
02/13/20 (S) EDC AT 9:00 AM BUTROVICH 205
02/13/20 (S) Scheduled but Not Heard
02/18/20 (S) EDC AT 9:00 AM BUTROVICH 205
02/18/20 (S) Moved CSSB 169(EDC) Out of Committee
02/18/20 (S) MINUTE(EDC)
02/18/20 (S) STA AT 3:30 PM BUTROVICH 205
02/18/20 (S) Scheduled but Not Heard
02/19/20 (S) EDC RPT CS 5DP NEW TITLE
02/19/20 (S) DP: STEVENS, BEGICH, COSTELLO, COGHILL,
HUGHES
02/20/20 (S) STA AT 3:30 PM BUTROVICH 205
BILL: SB 167
SHORT TITLE: AGGRAVATING FACTOR: CORRECTIONS OFFICER
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/27/20 (S) READ THE FIRST TIME - REFERRALS
01/27/20 (S) STA
02/11/20 (S) STA AT 3:30 PM BUTROVICH 205
02/11/20 (S) Heard & Held
02/11/20 (S) MINUTE(STA)
02/20/20 (S) STA AT 3:30 PM BUTROVICH 205
WITNESS REGISTER
CHIEF ED MERCER, Appointee
Alaska Police Standards Board
Department of Public Safety (DPS); Chief
Juneau Police Department
City and Borough of Juneau
Juneau, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska Police
Standards Board
JOSEPH WHITE, Appointee
Alaska Police Standards Council
Department of Public Safety (DPS); Chief
Ketchikan Police Department
Ketchikan, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska Police
Standards Council
JENNIFER WINKELMAN, Appointee
Alaska Police Standards Council
Department of Public Safety (DPS); Acting Deputy Commissioner
Department of Corrections (DOC)
Juneau, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska Police
Standards Council.
DANIEL WEATHERLY, Appointee
Alaska Police Standards Council
Department of Public Safety (DPS)
Anchor Point, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska Police
Standards Council.
SENATOR GARY STEVENS
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 169.
TIM LAMKIN, Staff
Senator Gary Stevens
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Delivered the sectional analysis for SB 169.
BENJAMIN BROWN, Chair
Alaska State Council on the Arts
Juneau, Alaska
POSITION STATEMENT: Answered questions and provided supporting
testimony for SB 169.
JENNIFER WINKELMAN, Acting Deputy Commissioner
Department of Corrections (DOC)
Juneau, Alaska
POSITION STATEMENT: Presented the information the committee
requested related to SB 167.
KELLY HOWELL, Legislative Liaison
Department of Corrections (DOC)
Anchorage, Alaska
POSITION STATEMENT: During the hearing on SB 167, discussed the
spreadsheet on charges disposed.
KACI SCHROEDER, Assistant Attorney General
Criminal Division
Department of Law (DOL)
Juneau, Alaska
POSITION STATEMENT: Provided information and answered questions
related to SB 167.
ACTION NARRATIVE
3:30:22 PM
CHAIR JOSHUA REVAK called the Senate State Affairs Standing
Committee meeting to order at 3:30 p.m. Present at the call to
order were Senators Costello, Kawasaki, Coghill, and Chair
Revak. Senator Wilson arrived soon thereafter.
^Confirmation Hearing(s)
CONFIRMATION HEARING(S)
Alaska Police Standards Council
3:31:35 PM
CHAIR REVAK announced the first order of business would be
consideration of governor appointees to the Alaska Police
Standards Council (APSC). He read the mission of APSC, which is
"To produce and maintain a highly trained and positively
motivated professional, capable of meeting contemporary law
enforcement standards of performance."
3:32:02 PM
SENATOR WILSON joined the committee.
CHAIR REVAK asked Chief Mercer to identify himself, tell the
committee about himself, and why he wants to serve.
3:32:26 PM
CHIEF ED MERCER, Appointee, Alaska Police Standards Board,
Department of Public Safety (DPS); Chief, Juneau Police
Department, City and Borough of Juneau, Juneau, Alaska, stated
that he was born and raised in Sitka and has been a law
enforcement officer since he joined the Sitka Police Department
in 1992. In 2000, he transferred to the Juneau Police Department
and has worked through the ranks from officer to chief. He
reported that he holds a Bachelor of Science degree in Criminal
Justice and is a graduate of the FBI academy. He listed the
boards he currently serves on and said he wants to serve on the
APSC Board because he has a strong purpose to serve and would
like to share his experiences with the council members. He
offered his belief that his critical thinking and methodical
decision-making will be an asset to the board. He voiced support
for keeping the law enforcement profession credible by having
uniform standards for all Alaska law enforcement officers
(LEOs). He stressed the importance for police departments to
maintain systems of checks and balances to ensure that personnel
perform properly and with integrity.
3:34:47 PM
SENATOR COGHILL asked what issues he expects to arise with the
changing generations.
CHIEF MERCER replied there are always challenges with
generational changes, but he does not see any significant
challenges with commitment. However, all police departments will
need to deal with long-term retention issues.
SENATOR COGHILL said he was interested in how to balance higher
standards with retention needs, and the emphasis on integrity.
CHIEF MERCER replied it is important to outline strong
expectations and professionalism in law enforcement, provide
adequate training via the academy, and to have a council that
sets minimum standards for all law enforcement officers in the
state.
SENATOR COGHILL commented that Chief Mercer brings a long
perspective and will serve well. He expressed appreciation for
his willingness to serve.
3:38:07 PM
SENATOR KAWASAKI asked him to comment on legislation going
through the process that increases the standards for police
officers and redefines peace officers to include village police
officers (VPO) and village public safety officers (VPSO).
CHIEF MERCER replied it is essential that all people who enforce
laws in the state go through the necessary standards, exhibit
integrity, and do the right thing when they enforce the laws.
SENATOR KAWASAKI agreed that the standards for public servants
who wear a badge need to be high. He asked how the state might
be able to help communities in very remote areas of Alaska fill
VPO or VPSO positions with people who are qualified and have the
highest standards when the pools of qualified applicants in
these areas typically are extremely small.
CHIEF MERCER replied communities might consider developing a
process of "growing their own" by getting the youth in the
community interested in the possibility of a law enforcement
career. This could possibly be done through the schools.
3:42:00 PM
CHAIR REVAK thanked him for his dedication to law enforcement.
3:42:35 PM
JOSEPH WHITE, Appointee, Alaska Police Standards Council,
Department of Public Safety (DPS); Chief, Ketchikan Police
Department, Ketchikan, Alaska, stated that he was born and
raised in Alaska, attended school in Ketchikan, and graduated
from the University of Alaska Anchorage. He joined the Ketchikan
Police Department in 2006 and worked his way through the ranks
to the position of chief. He reported that, similar to Chief
Mercer, he attended the FBI academy. He said he was appointed to
the APSC in May 2018. He said he has a good understanding of the
work and believes that this board is one of the most important
in the state to maintain public trust.
3:44:47 PM
SENATOR KAWASAKI said the legislature is considering legislation
to change the definition of peace officer to include VPOs and
VPSOs and raise the standards for these officers to be more in
line with troopers and peace officers. He asked how to ensure
that rural Alaska maintains a police presence when the pool of
eligible applicants is very small and may not include anyone who
wants to live in the region.
CHIEF WHITE replied it is critically important to have high
standards for VPOs, VPSOs, and troopers throughout the state,
but it is a difficult task to raise the standards to ensure
competency and still be able to provide services to smaller
villages. He relayed that this problem is not just confined to
rural villages because Ketchikan is also having difficulty
finding qualified applicants to fill positions. There has to be
a balance, but high standards must be maintained, or community
trust is lost. He agreed with Chief Mercer that one solution is
to "grow your own." He related that KPD resource officers go to
schools to talk to the students and promote law enforcement as a
career. In high school the students are given tours of the
police station and can go on ride-alongs. He said he did not
know how to incorporate that in the villages, but the Ketchikan
School Resource Officer Program has had good results in local
recruiting.
3:47:12 PM
SENATOR COGHILL asked if there is a proactive side to the Police
Standards Council. For example, the council reacts to complaints
but is it also proactive in reaching out to departments to
suggest a practice that could be improved.
CHIEF WHITE replied chiefs who are looking to enhance their
standards or hiring practices can reach out to APSC and get
proactive advice. APSC is trying to raise the standards and
educate departments statewide. Police chiefs from around the
state either call or sit in on the public meetings. The council
is also reactive when it receives complaints and ultimately
comes to a decision. He opined that APSC has a good balance
between proactive and reactive.
SENATOR COGHILL said he brought it up because the committee
needs to hear that there are two sides to the council.
CHAIR REVAK thanked Chief White for being willing to serve.
3:50:00 PM
JENNIFER WINKELMAN, Appointee, Alaska Police Standards Council,
Department of Public Safety (DPS); Acting Deputy Commissioner,
Department of Corrections (DOC), Juneau, Alaska, advised that
when she is not acting in the role of deputy commissioner, she
is the director of the Division of Pretrial Probation and
Parole. She noted that this is a reappointment to the
correctional administrative officer position on the Alaska
Police Standards Council.
MS. WINKELMAN reported that she is a fourth generation Alaskan
who grew up in Fairbanks and relocated to Juneau in 2016
following a promotion within the DOC. She received a degree in
Justice and Paralegal Studies from the University of Alaska
Fairbanks and has been with the DOC for just under 20 years in
both the institution and the field. She shared her passion for
the work and her belief that the best job in the world is to be
able to influence the wellbeing of another person.
MS. WINKELMAN said she was asked several questions during her
previous confirmation hearing and she would share her answers
now that she has more experience on the council.
MS. WINKELMAN described the APSC as very important in
maintaining professionalism and integrity in the law enforcement
community. It definitely correlates to public safety. She
related that when she initially was afforded the opportunity to
serve on the council, she viewed it as an honor and privilege to
serve in a greater capacity that was outside her comfort zone of
corrections. She shared her philosophy that to successfully
promote public safety, DOC personnel cannot operate in a silo;
they need each other and the communities' efforts. She said
serving on the council provides insight into the opportunities
that can be afforded to produce highly skilled and trained
officers. Serving on the council also provides a way to help
restore faith in law enforcement when cases of misconduct are
brought forward. She said she believes in the work of peace
officers but there must be checks and balances in the system
because of the latitude and authority that is granted by the
nature of the profession.
MS. WINKLEMAN stated that the value she brings to APSC is a
corrections viewpoint as well as a broad statewide perspective
because she has managed probation and parole offices from
Utqiagvik in the north to Ketchikan in the southern region. This
provided exposure and knowledge of the strengths and struggles
related to resources, staffing, and how the unique nature of
cases in Alaska vary from community to community. She said she
has worked with law enforcement agencies in each community and
understands that teamwork is imperative to accomplish an
independent mission. She said the council lives by its mission
and core services, and she feels that her experience will
continue to be an asset to APSC. She concluded that while the
career field is evolving with technology, ensuring that the
State of Alaska produces highly skilled law enforcement agents
who have integrity remains a necessity. The APSC is in place to
do this and her statewide experience within corrections brings
value to the council and ultimately to the state.
3:54:55 PM
SENATOR COGHILL asked what time commitment is required to serve
on the Alaska Police Standards Council.
MS. WINKELMAN responded that there are quarterly meetings that
last one to one and a half days. The rest of the business is
conducted largely through email and phone calls. Responding to a
further question, she confirmed that the time commitment is
manageable.
3:56:01 PM
SENATOR KAWASAKI disclosed he went to school with Ms. Winkelman
and she has his support. He asked the same question he asked the
other appointees about how to work with small communities that
probably have very few applicants and still ensure that these
communities have a law enforcement presence that meets the
proposed new standards.
3:56:52 PM
MS. WINKELMAN relayed her understanding that the bills he was
referencing will not raise the standards but will codify
regulatory language into statute. She said she believes in the
overall strategy to discourage hiring unqualified people,
encourage increased reporting, and improve law enforcement in
rural communities. She referenced Senator Coghill's question
about retention and opined that the APSC is in a good position
to educate people about the opportunities in rural communities
and to ensure those officers are educated, trained, and informed
of the resources that exist in rural communities.
SENATOR COGHILL asked if it is the council's perspective that
the problems center on a shortage of people or that investments
could have been better or in a different place.
MS. WINKELMAN replied the council provides a lot of training
opportunities that will hopefully improve retention.
SENATOR COGHILL said he is asking because the legislature is
trying to look through correction's eyes to understand what and
where the best investments are.
MS. WINKELMAN said one area in corrections that she hopes can be
incorporated in APSC is the reentry coalitions in communities,
so it is understood that there is a large group of people
supporting people in communities, whether it is law enforcement
or returning citizens.
4:01:14 PM
CHAIR REVAK asked her to provide an updated resume to reflect
her new position.
4:02:53 PM
At ease
4:05:33 PM
CHAIR REVAK reconvened the meeting and asked Mr. Weatherly to
begin his testimony.
4:05:46 PM
DANIEL WEATHERLY, Appointee, Alaska Police Standards Council,
Department of Public Safety (DPS), Anchor Point, Alaska, said he
was born in Iowa and moved around quite a bit until 1970 when he
moved to in Alaska with the U.S. Coast Guard. In 1974 he joined
the Alaska State Troopers and was stationed in various
communities, including Sitka, Anchorage, Valdez, Kotzebue, and
finally Homer. He became a post supervisor in Kotzebue and was
involved with the VPSO program from its inception until his
retirement in 1996. After retirement, he had a contract for
patrol with the Homer Police Department and the Alaska State
Trooper jail contract. He subsequently worked on the North Slope
running a mini flight service/weather station for the airport
and on Alpine's fire department as an operator/driver and as a
member of the spill response team. He said he has more than
3,000 hours of police training and 105 college credits. He said
the importance of the Alaska Police Standards Council comes down
to standards, training for those standards, professionalism, and
maintaining the standards.
4:08:35 PM
SENATOR KAWASAKI asked if he was on the Kotzebue Volunteer Fire
Department at the same time that he was a trooper stationed in
Kotzebue.
MR. WEATHERLY confirmed that he was with the volunteer fire
department when he was stationed in Kotzebue from 1978 to 1982.
SENATOR KAWASAKI asked his thoughts on ways to improve law
enforcement in rural Alaska either through the VPSO program or
an enhanced trooper presence.
MR. WEATHERLY dropped offline.
4:10:59 PM
CHAIR REVAK asked the members if they had heard enough from Mr.
Weatherly.
SENATOR COGHILL suggested they let Mr. Weatherly finish his
statement.
4:11:38 PM
At ease
4:12:34 PM
CHAIR REVAK reconvened the meeting and asked Mr. Weatherly to
continue.
4:12:42 PM
MR. WEATHERLY informed the committee that the Village Police
Officer (VPO) program was the forerunner to the Village Public
Safety Officer (VPSO) program. The idea was to give better
training, support, and professionalism to people who would work
in rural communities. The largest problem then and now is that
there is little law enforcement backup or time for these
officers to get relief from their jobs. He said the vision was
to transfer people between villages much the same as state
troopers are transferred around the state but that never really
got off the ground. He said the program has been cut back and
there have not been many advancements in the monetary and
educational benefits or paid leave. Another problem is that
being a police officer in a small village where the officer grew
up is very difficult and isolating, especially since these
individuals are on call 24/7. These VPOs or VPSOs must arrest
their friends. In many ways it is more difficult than being an
Alaska State Trooper because the troopers can fly in, attend to
business, and then leave. But even that model is not ideal
because communities get tired of agencies flying in to hold
meetings or attend to problems and then leaving. He said he
didn't really have a solution but he and other troopers in the
Kotzebue and Nenana region have tried to ameliorate this problem
by remaining in the community for a while after the workday is
finished to walk around, talk to community members and generally
provide a presence.
MR. WEATHERLY related anecdotes of being a census taker in Atka
that has a dwindling population and his son's experience
training prospective firefighters at the university in Fairbanks
who have made it clear that they do not intend to stay in Alaska
because of the retirement and benefits plan that's offered. He
opined that the problems associated with policing small
communities will not be resolved until a decision is made on the
role of Alaska State Troopers and how that will be extended to
rural communities and villages.
CHAIR REVAK thanked him for his dedication to law enforcement
and willingness to serve.
4:22:33 PM
CHAIR REVAK opened public testimony on the nominees for the
Alaska Police Standards Council. Finding none, he closed public
testimony and stated the following:
In accordance with AS 39.05.080, the Senate State Affairs
Standing Committee reviewed the following and recommends the
appointments be forwarded to a joint session for consideration:
Alaska Police Standards Council
Ed Mercer - Juneau
Joseph White - Ketchikan
Jennifer Winkelman - Juneau
Daniel Weatherly - Anchor Point
Signing the reports regarding appointments to boards and
commissions in no way reflects individual members' approval or
disapproval of the appointees; the nominations are merely
forwarded to the full legislature for confirmation or rejection.
4:23:41 PM
At ease
SB 169-LICENSE PLATES: COUNCIL ON ARTS
4:24:57 PM
CHAIR REVAK reconvened the meeting and announced the
consideration of SENATE BILL NO. 169, "An Act relating to
special request registration plates celebrating the arts; and
relating to the Alaska State Council on the Arts."
4:25:35 PM
SENATOR GARY STEVENS, Alaska State Legislature, Juneau, Alaska,
sponsor of SB 169, stated that he appreciates carrying a bill
relating to the Alaska State Council on the Arts (ASCA) because
he has always admired the organization and the work it does
throughout the state. He related that the council requested this
bill to provide stability to its budget structure after
complications arose during the last budget cycle. He explained
that SB 169 is a housekeeping measure to amend the existing
license plate program to allow people who support the arts
council to provide it with addition revenue. It also provides a
means for legal representation when needed, consistent with the
process provided to other state agencies. It holds harmless the
ASCA's private funds from the Executive Budget Act.
CHAIR REVAK asked Mr. Lamkin to walk through the sectional
analysis for SB 169.
4:27:22 PM
TIM LAMKIN, Staff, Senator Gary Stevens, Alaska State
Legislature, Juneau, Alaska, delivered the sectional analysis
for SB 169. He noted that two members of the committee heard and
passed the committee substitute from the Senate Education
Committee.
Sec. 1: AS 28.10.421(a), relating to fees paid to the
Division of Motor Vehicles (DMV) for vehicle license
plates, allows for an additional fee, set by Alaska
State Council on the Arts (ASCA) regulation, and not
to exceed $50, when a person chooses a new or
replacement ASCA artistic plate. The subsection also
provides that these additional fees will be accounted
for separately and that the total amount that exceeds
the costs of the Artistic License Plate Program may be
appropriated to fund the ASCA.
MR. LAMKIN advised that the fee that will go to the ASCA is
proposed to be $3, but it could be increased to $50 over the
long term if there is market demand.
Sec. 2: AS 44.27, relating to the ASCA generally, adds
a new section (AS 44.27.053) providing that the
Attorney General is legal counsel for ASCA, similar to
other state agencies, and also allows the ASCA to
retain additional legal counsel as needed, subject to
the approval of the Attorney General.
MR. LAMKIN related that the Senate Education Committee added the
common contract language that the attorney general approval of
the representation would not be unreasonably withheld.
Sec. 3: AS 44.27.055(d), relating to the ASCA managing
its affairs, exempts from the purview of the Executive
Budget Act those funds received by ASCA from private
non-profit foundation partners.
MR. LAMKIN summarized that the funds raised privately to support
the ASCA cannot be vetoed.
Sec. 4: AS 44.27.080(a), relating to an ASCA-sponsored
competition for artistic plates design, from being
mandatory to being optional, every four years, at the
discretion of ASCA.
Sec. 5: AS 44.27.080(c), relating to the artistic
plate design competition, restores authority for the
ASCA to award the artist of the winning design a
monetary amount set in regulation, from the funds
generated by the artistic plates. This provision was
repealed in 2018.
Sec. 6: Provides an effective date of July 1, 2020.
MR. LAMKIN advised that Senate Education Committee added the
effective date at the request of the ASCA.
4:31:57 PM
SENATOR WILSON asked if the Department of Motor Vehicles would
collect the $30 fee plus the $3 fee that the ASCA adds.
MS. LAMKIN confirmed that the DMV would collect the $3
surcharge, which would go directly to the ASCA, and the $30 fee,
which goes to the general fund.
SENATOR WILSON asked if older ASCA plates in inventory will
continue to be available.
MR. LAMKIN replied he would defer to the ASCA, but he assumes
that just the new plate would be offered.
CHAIR REVAK asked Mr. Brown to respond to the question.
4:33:20 PM
BENJAMIN BROWN, Chair, Alaska State Council on the Arts, Juneau,
Alaska, explained that the idea is that the DMV would issue just
one plate at any given time.
CHAIR REVAK asked him to provide his testimony.
MR. BROWN agreed with the sponsor that SB 169 is mostly a
housekeeping measure. He explained that after the ASCA shut down
for a period of time last year after the governor vetoed their
funding, so the council looked for ways to become more self-
sustaining. While it is not possible to raise all of the
approximately $700,000 match for the National Endowment for the
Arts through earned income, a promising way to come up with a
meaningful amount would be to add a small surcharge to the
existing Artistic License Plate program. This would not be cost
prohibitive to Alaskans who want to lend a financial hand to the
ASCA.
MR. BROWN agreed with Mr. Lamkin that the bill allows the ASCA,
as a public corporation, to work through the Administrative
Procedures Act to select the appropriate amount of surcharge
that will be used to match the federal National Endowment of the
Arts funds and reduce the amount of undesignated general funds
the ASCA needs to continue operating. He described that as the
most important provision in the bill. It provides an opportunity
to encourage visual arts and celebrate the beauty of Alaska
while providing meaningful revenue at a time when all state
agencies are trying to find ways to be more fiscally
sustainable.
MR. BROWN opined that Mr. Lamkin ably described the other
provisions relating to the attorney general serving as counsel,
the ability to hire outside counsel, and the private support
exemption from the Executive Budget Act. He said the council
requested the Senate Education Committee add the effective date
provision to start collecting the surcharge at the start of the
next fiscal year to avoid any bookkeeping problems for the
administration.
4:37:34 PM
SENATOR KAWASAKI asked if the old plates would be retired once a
new one was available.
MR. BROWN replied people can get new tags for their existing
plate, but anyone who wants to buy a license plate could only
buy the current plate.
4:38:57 PM
SENATOR KAWASAKI asked what happens to the unsold license plates
that DMV may have in inventory.
MR. BROWN said he would not want to waste either metal or
someone's time, but he would defer to the DMV to provide an
answer.
MR. LAMKIN added his understanding that the DMV keeps some
inventory but has a good sense of the demand for these specialty
plates and does not order beyond what they expect to sell. He
offered to follow up after conferring with the DMV.
CHAIR REVAK said he had anticipated an answer from the DMV.
4:41:13 PM
SENATOR WILSON asked the customary amount an artist would
receive for designing a new license plate.
MR. LAMKIN replied the most recent ASCA award to an artist was
for $5,000, which is the amount provided in regulation.
SENATOR WILSON expressed satisfaction that there are guidelines
in regulation for the amount that can be awarded.
CHAIR REVAK asked the reason for the change in Section 4 from
the council "shall" hold competitions to the council "may" hold
competitions.
4:42:40 PM
MR. BROWN said after the traumatic experience of not existing
for [a couple of months], the council decided that the less
mandatory language in the enabling statute, the better. The
intent is for young Alaskan artists to be compensated for
creating art while monetizing the council's operations. It also
helps the council become less reliant on scarce undesignated
general funds.
4:44:19 PM
SENATOR STEVENS clarified that Mr. Brown meant to say the
council did not exist for two months, not two years.
4:45:10 PM
CHAIR REVAK opened public testimony on SB 169. Finding none, he
closed public testimony.
CHAIR REVAK held SB 169 in committee for future consideration.
SB 167-AGGRAVATING FACTOR: CORRECTIONS OFFICER
4:46:06 PM
CHAIR REVAK announced the consideration of SENATE BILL NO. 167,
"An Act providing for an aggravating factor at sentencing for
contractors, volunteers, and employees of the Department of
Corrections; and providing for an effective date."
He asked Ms. Winkelman or Ms. Howell to discuss the information
DOC provided in response to the committee request about the
scope of the contraband problem involving the Department of
Corrections' employees, contractors, and volunteers.
4:46:58 PM
JENNIFER WINKELMAN, Acting Deputy Commissioner, Department of
Corrections (DOC), Juneau, Alaska, said she would touch on the
DOC and human resource research and Ms. Howell would discuss the
Department of Public Safety (DPS) information regarding the
number of charges for promoting contraband in the first degree.
4:47:49 PM
KELLY HOWELL, Special Assistant to the Commissioner and
Legislative Liaison, Department of Corrections (DOC), Anchorage,
Alaska, stated that the response from DOC included a spreadsheet
of charges disposed. This data from the Alaska Public Safety
Information Network, the state's criminal history repository,
provides a global overview of the charges and number of people
charged with promoting contraband in the first degree.
She reported that in the five years from 2015-2019, there were
388 charges for 320 individuals. Of those 388 charges, 327 or 84
percent were for promoting controlled substances in the first
degree. Six of the promoting contraband charges were for a
deadly weapon and 51 were dismissed, [132] resulting in a guilty
verdict, and 21 were not prosecuted. She noted that the
dismissed charges do not necessarily mean that the individual
received no sanction.
4:50:31 PM
SENATOR WILSON calculated that eight fewer cases were disposed
than there were total charges.
MS. HOWELL said she would check the math and follow up.
SENATOR COGHILL said it would be helpful to know the number of
people charged or sentenced each year compared to the total
number of the workforce.
4:52:55 PM
MS. WINKELMAN responded that the human resources office said
that since 2012, two have been charged with this crime.
SENATOR COGHILL said that is helpful.
CHAIR REVAK asked if the numbers on the spreadsheet represent
everybody who has access to the prisoners, not just correctional
officers.
MS. WINKELMAN confirmed that the numbers from the Department of
Public Safety include everybody. She reiterated that Human
Resources said that two DOC employees were subsequently charged.
CHAIR REVAK asked if between 2015 and 2019 there were 132 guilty
verdicts for all types of promoting contraband in the first
degree.
MS. WINKELMAN answered yes.
MS. HOWELL added that the spreadsheet attached to the response
provides more granular detail.
4:56:24 PM
SENATOR COGHILL asked how many on the spreadsheet were employees
and how many were volunteers. He said those numbers show how
creative people can be and how porous the system is.
CHAIR REVAK called the data shocking and voiced support for the
aggravator.
SENATOR COGHILL said he did not need the information to move the
bill, but he would like it before the bill goes to the floor.
CHAIR REVAK requested Ms. Winkelman provide the information.
MS. WINKELMAN agreed to do her best to comply.
4:58:31 PM
CHAIR REVAK opened and closed public testimony on SB 167. He
noted the bill had three fiscal notes attached. The Department
of Public Safety and the Department of Law submitted zero fiscal
notes and the Department of Corrections submitted an
intermediate fiscal note.
4:59:29 PM
At ease
5:00:09 PM
CHAIR REVAK reconvened the meeting.
5:00:17 PM
SENATOR KAWASAKI asked what "a controlled substance" under AS
11.56.375 covers.
CHAIR REVAK asked what drugs elicit these charges.
5:01:26 PM
MS HOWELL explained that "controlled substance" has a specific
definition under AS 11.71.900.
SENATOR COSTELLO asked Ms. Winkelman to comment on the idea of
changing the bill to include all employees of the state and the
public because the current language would not necessarily
capture visitors to correctional institutions.
5:03:19 PM
MS. WINKELMAN said the intent was to capture those who have
signed an oath of service and are entrusted with access to areas
of the facility that a visitor or someone who happens to be a
state employee would not have.
SENATOR COGHILL related his experience as a volunteer who goes
into correctional facilities in a ministerial capacity.
SENATOR COSTELLO opined that all contraband is a problem and the
creativity in getting it into the institutions has no limit. She
suggested it would be interesting to hear from the Department of
Law about how aggravators are addressed and if they act as
deterrents.
5:07:26 PM
KACI SCHROEDER, Assistant Attorney General, Criminal Division,
Department of Law (DOL), Juneau, Alaska, stated that an
aggravator is used to enhance a sentence. She explained that the
crime of promoting contraband in the first degree covers the
normal range of conduct for that offense and the bill carves out
those individuals whose behavior is deemed outside the normal
range of conduct because they have signed an oath of service and
hold a position of trust. These individuals deserve an enhanced
sentence, she said.
MS. SCHROEDER advised that the burden of proof for this
aggravator would be beyond a reasonable doubt. The procedure is
that the jury considers the aggravator after the trial and
verdict for the underlying offense.
SENATOR COSTELLO questioned whether the bill captures all the
individuals it should who go into correctional facilities.
MS. SCHROEDER replied it is entirely possible that an inmate may
have a visitor who is under the state umbrella and is not listed
in this aggravator. Anybody not specifically listed would not be
captured in the data.
5:10:21 PM
SENATOR COGHILL asked Ms. Winkelman if behavioral health
professionals and teachers who regularly go into correctional
facilities would be considered volunteers.
MS. WINKELMAN explained that it would depend on where the
individual has access within the facility. The bill would cover
those individuals who have gone through the background check and
have extended access, beyond the attorney rooms at the front of
the facility. Responding to a further question, she confirmed
that volunteers are on the list.
5:12:24 PM
SENATOR COGHILL moved to report SB 167, work order 31-GS2138\A,
from committee with individual recommendations and three
attached fiscal note(s).
5:12:40 PM
At ease
5:13:58 PM
CHAIR REVAK reconvened the meeting. There being no objection, SB
167 was reported from the Senate State Affairs Standing
Committee.
5:15:06 PM
At ease
5:15:44 PM
CHAIR REVAK reconvened the meeting and outlined the schedule for
next week.
5:16:25 PM
There being no further business to come before the committee,
Chair Revak adjourned the Senate State Affairs Standing
Committee meeting at 5:16 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| APSC GOV App Joseph White Resume.pdf |
SSTA 2/20/2020 3:30:00 PM |
Consideration of Governor's Appointees |
| APSC GOV App Ed Mercer Resume.pdf |
SSTA 2/20/2020 3:30:00 PM |
Consideration of Governor's Appointees |
| APSC GOV App Jennifer Winkelman Resume.pdf |
SSTA 2/20/2020 3:30:00 PM |
Consideration of Governor's Appointees |
| APSC GOV App Daniel Weatherly Resume.pdf |
SSTA 2/20/2020 3:30:00 PM |
Consideration of Governor's Appointees |
| 09_SB169_ArtsCouncil-Plates_Sectional_Version U.pdf |
SSTA 2/20/2020 3:30:00 PM |
SB 169 |
| 08_SB169_ArtsCouncil-Plates_BillText_Version U.pdf |
SSTA 2/20/2020 3:30:00 PM |
SB 169 |
| 10_SB169_ArtsCouncil-Plates_Summary-of-Changes_Version M to U.pdf |
SSTA 2/20/2020 3:30:00 PM |
SB 169 |
| SB 167 DOC Responses to SSTA Questions 02.19.20.pdf |
SSTA 2/20/2020 3:30:00 PM |
SB 167 |
| SB 167 AS 11.56.375 DOC Disposed Charges 2.19.20.pdf |
SSTA 2/20/2020 3:30:00 PM |
SB 167 |
| SB 167 Article Corrections Officer GCCC.pdf |
SSTA 2/20/2020 3:30:00 PM |
SB 167 |