03/12/2020 03:30 PM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB183 | |
| SJR14 | |
| SB210 | |
| SB209 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 210 | TELECONFERENCED | |
| *+ | SB 209 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SJR 14 | TELECONFERENCED | |
| += | SB 183 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
March 12, 2020
3:32 p.m.
MEMBERS PRESENT
Senator Joshua Revak, Chair
Senator John Coghill, Vice Chair
Senator David Wilson
MEMBERS ABSENT
Senator Mia Costello
Senator Scott Kawasaki
COMMITTEE CALENDAR
SENATE BILL NO. 183
"An Act relating to vehicles abandoned on private property."
- MOVED CSSB 183(STA) OUT OF COMMITTEE
SENATE JOINT RESOLUTION NO. 14
Proposing an amendment to the Constitution of the State of
Alaska relating to actions upon veto.
- HEARD & HELD
SENATE BILL NO. 210
"An Act relating to special request specialty organization
registration plates."
- HEARD & HELD
SENATE BILL NO. 209
"An Act relating to state identifications and driver's licenses
for persons in the custody of the Department of Corrections;
relating to the duties of the commissioner of corrections; and
providing for an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 183
SHORT TITLE: ABANDONED VEHICLES; PRIVATE PROPERTY
SPONSOR(s): SENATOR(s) KIEHL
02/12/20 (S) READ THE FIRST TIME - REFERRALS
02/12/20 (S) STA
03/05/20 (S) STA AT 3:30 PM BUTROVICH 205
03/05/20 (S) Heard & Held
03/05/20 (S) MINUTE(STA)
03/12/20 (S) STA AT 3:30 PM BUTROVICH 205
BILL: SJR 14
SHORT TITLE: CONST. AM: VOTES NEEDED FOR VETO OVERRIDE
SPONSOR(s): JUDICIARY
01/24/20 (S) READ THE FIRST TIME - REFERRALS
01/24/20 (S) STA, JUD, FIN
02/25/20 (S) STA AT 3:30 PM BUTROVICH 205
02/25/20 (S) Heard & Held
02/25/20 (S) MINUTE(STA)
03/12/20 (S) STA AT 3:30 PM BUTROVICH 205
BILL: SB 210
SHORT TITLE: LICENSE PLATES: SPECIALTY ORGANIZATIONS
SPONSOR(s): COSTELLO
02/21/20 (S) READ THE FIRST TIME - REFERRALS
02/21/20 (S) STA, FIN
03/12/20 (S) STA AT 3:30 PM BUTROVICH 205
BILL: SB 209
SHORT TITLE: DRIVER LICENSES & IDENT. CARDS FOR INMATE
SPONSOR(s): KIEHL
02/21/20 (S) READ THE FIRST TIME - REFERRALS
02/21/20 (S) STA, FIN
03/12/20 (S) STA AT 3:30 PM BUTROVICH 205
WITNESS REGISTER
TOM WRIGHT, Staff
Senator Mia Costello
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced SB 210 on behalf of the sponsor.
JOANNE OLSEN, Interim Director
Division of Motor Vehicles
Department of Administration (DOA)
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the hearing on SB
210.
BENJAMIN BROWN, Chair
Alaska State Council on the Arts
Department of Education and Early Development
Juneau, Alaska
POSITION STATEMENT: Testified in favor of SB 210.
SENATOR JESSE KIEHL
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Testified as sponsor of SB 209.
JOANNE OLSEN, Interim Director
Division of Motor Vehicles
Department of Administration (DOA)
Anchorage, Alaska
POSITION STATEMENT: Answered questions on SB 209.
KELLY HOWELL, Legislative Liaison
Department of Corrections (DOC)
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the hearing on SB
209.
LAURA BROOKS, Division Operations Manager
Division of Health & Rehabilitation Services
Department of Corrections
Anchorage, Alaska
POSITION STATEMENT: Provided information and answered questions
during the hearing on SB 209.
LINDA SETTERBERG, Coordinator
Reentry Coalition
Fairbanks, Alaska
POSITION STATEMENT: During the hearing on SB 209, testified that
obtaining an ID or driver's license has been a barrier for some
reentry clients.
ACTION NARRATIVE
3:32:30 PM
CHAIR JOSHUA REVAK called the Senate State Affairs Standing
Committee meeting to order at 3:32 p.m. Present at the call to
order were Senators Coghill, Wilson, and Chair Revak.
SB 183-ABANDONED VEHICLES; PRIVATE PROPERTY
3:34:03 PM
CHAIR REVAK announced the consideration of SENATE BILL NO. 183,
"An Act relating to vehicles abandoned on private property."
[The committee adopted the committee substitute (CS) for SB 183,
version M, during the 3/5/20 hearing.]
CHAIR REVAK noted that this was the second hearing and the
sponsor provided answers to questions previously asked.
3:34:34 PM
SENATOR JESSE KIEHL, Alaska State Legislature, Juneau, Alaska,
speaking as the sponsor, stated that SB 183 shortens the time
that private property owners must wait before starting the legal
process to gain title and dispose of vehicles abandoned on their
property. Affected property owners must provide notice to the
last owner of record and any lienholders in order to obtain
title to any abandoned vehicles.
3:35:29 PM
CHAIR REVAK opened public testimony on SB 183; after determining
that no one wished to testify, he closed public testimony on SB
183.
3:36:07 PM
SENATOR COGHILL moved to report the committee substitute (CS)
for SB 183, work order 31-LS0587\M, from committee with
individual recommendations and attached fiscal note.
CHAIR REVAK found no objection and CSSB 183(STA) was reported
from the Senate State Affairs Standing Committee.
3:36:41 PM
At ease
SJR 14-CONST. AM: VOTES NEEDED FOR VETO OVERRIDE
3:37:27 PM
CHAIR REVAK reconvened the meeting and announced the
consideration of SENATE JOINT RESOLUTION NO. 14, Proposing an
amendment to the Constitution of the State of Alaska relating to
actions upon veto.
CHAIR REVAK noted that this was the second hearing on SJR 14.
3:37:47 PM
SENATOR COGHILL, speaking as sponsor, stated that this issue is
related to the balance of power in state government. He
emphasized that although this governor highlighted the issue,
this measure is not specifically aimed at the current governor.
He pointed out that the governor in Alaska has a great deal of
authority, including appointing the attorney general and cabinet
members. The Constitution of the State of Alaska also created a
separation of powers. There are some things that the governor
can do only according to statute. He cited Article 3 Section 16
of the Constitution of the State of Alaska, which reads:
The governor shall be responsible for the faithful
execution of the laws. He may, by appropriate court
action or proceeding brought in the name of the State,
enforce compliance with any constitutional or
legislative mandate, or restrain violation of any
constitutional or legislative power, duty, or right by
any officer, department, or agency of the State or any
of its political subdivisions. This authority shall
not be construed to authorize any action or proceeding
against the legislature.
SENATOR COGHILL said this creates a balance of power between the
legislature and the governor. The governor can compel the
legislature to meet. He referred to [Article I, Section 2 of the
Constitution of the State of Alaska], which reads, "All
political power is inherent in the people. All government
originates with the people, is founded upon their will only, and
is instituted solely for the good of the people as a whole."
SENATOR COGHILL said that there are several ways that people in
Alaska can express their authority. First, people can exercise
their authority by voting for legislators and the governor.
Second, people can propose amendments to laws through the
initiative process. However, the people cannot appropriate
funds. The power of appropriation resides with the legislature.
This essentially means that the balance of power is maintained
since the governor can propose a budget, but the legislature
must pass it. However, Alaska provides specific veto power to
the governor in Article II, Section 15 of the Constitution of
the State of Alaska, which reads:
The governor may veto bills passed by the legislature.
He may, by veto, strike or reduce items in
appropriation bills. He shall return any vetoed bill,
with a statement of his objections, to the house of
origin.
3:41:30 PM
SENATOR COGHILL said the prerogative of the Alaska governor to
reduce items in appropriation bills is not common. Only nine
other state constitutions grant this power, or a variation of
it, to the governor. It takes a three-quarters vote by the
legislature to override the governor's veto. SJR 14 proposes to
reduce that to a two-thirds vote. He explained that the governor
and a minority of the legislature can override the primary
policy objective of the legislature. This became evident last
year. He said it is a very high bar in Alaska if a governor
elected by a 51 percent vote of the people and 25 percent of the
legislature could move an agenda forward against 3/4 of the rest
of Alaska's will when they voted in their elected officials. He
highlighted that the issue is how many votes can substantiate a
major policy call of Alaskans, which is the budget. The governor
has significant rights, but the balance of power has shifted.
3:43:22 PM
SENATOR COGHILL expressed concern that the governor can declare
martial law with simply a majority vote by the legislature, yet
it takes a 3/4 vote by the legislature to override a single line
item in the budget.
3:43:59 PM
CHAIR REVAK related his understanding that martial law would
require the legislature to have a majority, 50 percent plus one,
vote whereas a veto override would require a 3/4 vote by the
legislature.
SENATOR COGHILL said that this is a worthy consideration of the
principles in the Constitution of the State of Alaska.
3:44:33 PM
CHAIR REVAK opened public testimony on SJR 14; after determining
no one wished to testify, he closed public testimony on SJR 14.
He stated he would hold SJR 14 in committee.
SB 210-LICENSE PLATES: SPECIALTY ORGANIZATIONS
3:45:20 PM
CHAIR REVAK announced the consideration of SENATE BILL NO. 210,
"An Act relating to special request specialty organization
registration plates."
3:45:36 PM
TOM WRIGHT, Staff, Senator Mia Costello, Alaska State
Legislature, Juneau, Alaska, stated that SB 210 will turn over
the authority to issue specialty license plates to the Division
of Motor Vehicles (DMV). He continued the introduction
paraphrasing from the sponsor statement:
Since 2009, the Legislature has passed eight bills
that authorized specialty license plates. In some
cases, multiple pieces of specialty plate legislation
were rolled into one bill. For example, in the 27th
Legislature, four bills were rolled into one bill that
authorized six different plates.
Each year, the Legislature is tasked with approving a
specialty plate for the various organizations and
nonprofits that request these plates. As of now,
there are at least ninety-two different license plates
that can be purchased at the Division of Motor
Vehicles.
Senate Bill 210 was introduced to remove the
Legislature from having to approve specialty plates.
Those duties would be turned over to the Division of
Motor Vehicles under this legislation. The division
would adopt regulations to allow for the issuance of
the specialty plates that are sponsored by an
organization that is based within the state and is tax
exempt under 26 U.S.C. 501(c), is an Alaska chapter of
a national organization that is tax exempt, is a
department of the state or a municipality within the
state.
An entity requesting a plate through DMV must submit
an application, pay an application fee, pay the cost
of developing and issuing the specialty plate, and may
be charged a fee for issuance of the specialty license
plate in addition to any registration fees.
3:47:15 PM
SENATOR COGHILL asked if the current statute for specialty
license plates for nonprofit organizations would remain in
effect or if the DMV would need to figure out the cost.
MR. WRIGHT answered that the underlying statutes would remain in
place for existing specialty license plates, but the legislature
would be able to make amendments. He cited Senator Stevens'
specialty license plate bill to celebrate the Alaska State
Council on the Arts, which the legislature could amend.
CHAIR REVAK related his understanding that this bill would give
DMV the ability to create specialty license plates.
MR. WRIGHT answered yes.
CHAIR REVAK asked him to describe the purpose of the bill.
MR. WRIGHT answered that the sponsor would like the legislature
to focus on other matters.
3:48:50 PM
SENATOR COGHILL asked what vetting process DMV would go through
for specialty license plates and how this bill would impact it.
MR. WRIGHT explained that DMV would work with the requester on
the design and would have a say on what is appropriate, just as
it currently does for specialty license plates. He deferred
further explanation to DMV.
3:50:51 PM
JOANNE OLSEN, Interim Director, Division of Motor Vehicles
(DMV), Department of Administration (DOA), Anchorage, Alaska,
responded that the division has an administrative hearing
process it uses when organizations are denied a specialty
license plate.
SENATOR COGHILL asked the record to reflect that an appeal
process would still be in place. He said he thinks this bill is
a good idea.
3:51:24 PM
CHAIR REVAK asked Ms. Olsen her view of this proposal.
MS. OLSEN responded that it would save time for the legislature,
allow organizations to have specialty license plates for
supporters to use, and simplify the process for the division.
She explained that DMV would be able to establish a standard
template, and the organization would add to the design. The cost
would vary depending on the design complexity and color. She
envisioned that DMV could keep the process simple while
addressing the needs of the requesting organizations.
3:52:32 PM
SENATOR WILSON asked how many licensed vehicles are in Alaska.
MS. OLSEN offered to follow up with the information.
SENATOR WILSON related his understanding that there are 40-41
specialty license plates.
MS. OLSEN responded that there are currently 92 unique specialty
license plates.
SENATOR WILSON asked for a count of each of the 92 specialty
license plates that have been purchased.
MS. OLSEN offered to follow up with the information.
3:53:33 PM
SENATOR WILSON agreed with the sponsor that legislative time
could be better spent.
MR. WRIGHT clarified that the sponsor does not wish to diminish
the sponsorship of these bills, but the number of specialty
license plates has increased to 92 and DMV can take over the
task. He noted that the fiscal note shows this is a revenue
enhancer.
SENATOR COGHILL asked if $100 would be the new standard fee.
3:54:47 PM
MS. OLSEN answered that the bill adds a new subsection that
states that DMV would charge $100 for the specialty plate and
subsequent replacement plates.
SENATOR COGHILL offered his understanding that this increases
the standard fee from $30 or $50 to $100.
MS. OLSEN agreed.
SENATOR COGHILL commented that it is entirely appropriate as
long as people understand the cost.
CHAIR REVAK related his understanding that this would not be an
increase for all specialty license plates, just for new ones.
MR. WRIGHT answered that is correct.
CHAIR REVAK read the following from page 1, starting on line 4:
(ll) Special request specialty organization plates.
The department shall adopt regulations to allow for
the issuance of special request specialty organization
registration plates sponsored by an organization that
is based in this state and is tax exempt under 26
U.S.C. 501(c), is an Alaska chapter of a national
organization that is tax exempt under 26 U.S.C.
501(c), is a department of the state, or is a
municipality of the state.
He asked if that would be restrictive. For example, the military
may have a new medal that would be excluded.
MR. WRIGHT acknowledged that the language may need to be
expanded, but the sponsor does not have any intention to
adversely affect honoring military members. He offered to review
the language.
CHAIR REVAK stated agreement with the intent of the bill.
SENATOR COGHILL said it would be interesting to know what other
states charge for specialty license plates because the fees
seems low. He suggested that the finance committee may wish to
consider the fees.
MR. WRIGHT agreed that if the bill makes it to finance, it would
be under the committee's purview.
3:58:46 PM
CHAIR REVAK opened public testimony on SB [210].
BENJAMIN BROWN, Chair, Alaska State Council on the Arts,
Department of Education and Early Development, Juneau, Alaska,
said Mr. Wright's testimony clarified that this would be
prospective so it would not change the artistic license plate
fee structure in SB 169, related to the Alaska State Council on
the Arts. The arts council is interested in a different pricing
point because of the tremendous demand for its specialty license
plates. The arts council supports efficiencies in state
government and this bill is a step in that direction, so it
seems like a good idea.
4:00:48 PM
CHAIR REVAK, after first determining no one else wished to
testify, closed public testimony on SB 210. He said that he
appreciated the sponsor introducing the bill, but that he would
like to amend the language to be more inclusive.
CHAIR REVAK held SB 210 in committee.
SB 209-DRIVER LICENSES & IDENT. CARDS FOR INMATES
4:01:32 PM
CHAIR REVAK announced the consideration of SENATE BILL NO. 209,
"An Act relating to state identifications and driver's licenses
for persons in the custody of the Department of Corrections;
relating to the duties of the commissioner of corrections; and
providing for an effective date."
4:01:53 PM
SENATOR JESSE KIEHL, Alaska State Legislature, Juneau, Alaska,
speaking as the sponsor of SB 209, said that this bill is an
attempt to improve the success of people leaving Alaska's
prisons. Reentry is not easy because of the statutory
requirements after release. These people are required to stay
clean and sober, to seek and find work and housing, and not
commit new crimes. To fulfill these requirements and succeed in
society generally requires an identification card (ID) but not
everyone leaving prison has a valid driver's license or ID. The
Department of Corrections (DOC) recognizes this problem and
currently provides people leaving an institution with a face
sheet that has the person's photo and name. The person can take
this face sheet to the Division of Motor Vehicles (DMV) and
obtain a driver's license, if applicable, or an ID card, which
the DOC pays for. However, this is an imperfect solution.
4:04:15 PM
SENATOR KIEHL related that those in the reentry community say
there have been problems with the face sheets and repeated trips
to DMV have been necessary. These trips can take up to half a
day and take time away from meeting with a probation or parole
officer, obtaining treatment, or applying for jobs. It is also a
problem that these individuals will leave DMV with a temporary
ID or license. A mailing address is required to get their
permanent card or license and people coming out of prison often
do not have that right away.
SENATOR KIEHL emphasized that if inmates who serve a significant
amount of time in prison could leave the correctional
institution with an ID card or license, it would remove one
barrier to successful reentry. This could help reduce
recidivism, he said.
4:05:49 PM
SENATOR WILSON asked how this will address the REAL ID
requirements.
SENATOR KIEHL answered that the bill does not cover REAL ID,
although some in the reentry community would like to add a
provision to include REAL ID. He related his understanding that
DOC has begun to look at REAL ID, but he could not speak for the
department. He said it is worth noting that most people on
probation and parole and probably have restrictions on their
travel so they may need to pursue REAL IDs later. Nevertheless,
this is worth looking because solving that additional hurdle
would be a benefit.
4:07:34 PM
CHAIR REVAK asked Ms. Olsen from DMV if people on probation and
parole who have travel restrictions would be prevented from
obtaining a REAL ID.
4:08:03 PM
JOANNE OLSEN, Interim Director, Division of Motor Vehicles
(DMV), Department of Administration, Anchorage, Alaska, answered
that people with an existing DMV record would be eligible for a
noncompliant federal ID. If they want to obtain a REAL ID, the
division will give the person the information needed and the
contacts to obtain a certified birth certificate, social
security card, or whatever the requirements are at the time.
CHAIR REVAK asked if the noncompliant federal ID would suffice
for those in reentry as identification for state agencies.
MS. OLSEN said that is correct.
4:09:32 PM
SENATOR WILSON asked what information is needed for an update
when the person already has a REAL ID.
MS. OLSEN answered that the person's information would already
have been verified so that person could get a duplicate REAL ID.
SENATOR WILSON commented on the number of people in pretrial who
are felons who have not been charged [sic] and asked how this
bill would affect the pretrial population.
SENATOR COGHILL asked if he meant that the defendants have not
yet been convicted of felonies.
SENATOR WILSON agreed that he was referring to convictions, not
charges.
4:10:53 PM
SENATOR KIEHL answered that the bill would apply to those
offenders who have been sentenced and have served at least 120
days. He said DOC indicated that would give the department time
to work with DMV to get the state ID or license issued and
transferred to the DOC prior to the person's release. He
explained that it is tough to know when those in pretrial will
be released. The bill seeks to establish a practical and
workable program that DOC could implement once the bill becomes
effective.
4:11:42 PM
SENATOR COGHILL commented that it could be complicated since
some people in pretrial have been previously convicted on
another charge. He agreed with the concept since those
reentering society cannot obtain any help without a valid ID.
CHAIR REVAK asked the sponsor to explain the ID process outlined
in the bill.
4:12:24 PM
SENATOR KIEHL stated that SB 209 would apply to the sentenced
population. He suggested that the Department of Corrections
could best explain the practical details of the process to issue
an ID.
4:14:22 PM
KELLY HOWELL, Legislative Liaison, Department of Corrections
(DOC), Anchorage, Alaska, stated that the sponsor worked with
DOC to make sure that this process would work for the agency.
She explained that Section 3 requires the Department of
Corrections and the Department of Administration to work to
ensure that an inmate leaving a correctional institution has a
state identification prior to release. She suggested that Ms.
Brooks could speak to the logistics.
4:15:29 PM
LAURA BROOKS, Operations Manager, Division of Health &
Rehabilitation Services, Department of Corrections, Anchorage,
Alaska, advised that DOC currently provides inmates with
identification and under the bill would provide DMV something
similar, including a photo. The DMV would mail DOC the hard copy
of the ID and DOC would give it to the inmate.
CHAIR REVAK asked if DOC has the capacity to do this.
MS. BROOKS answered yes. The department currently has a process
in place to print the information and update inmate photos.
Inmates are photographed during the booking process and
periodically thereafter, as necessary. She said the department
has not worked out the details for this process, but it is
feasible.
SENATOR WILSON asked if DOC has updated its cameras similar to
what DMV has done.
MS. BROOKS said she was not certain when the cameras were last
upgraded, but she would follow up with the information.
SENATOR WILSON questioned the zero fiscal note since it would
require an inmate to leave the facility with an ID.
4:17:38 PM
MS. HOWELL answered that not every offender will need an ID. She
reported that typically about 12 percent of the prison
population has requested a paper ID to take to DMV. The
department believes it has the capacity to take this on with
existing staff and budget.
SENATOR WILSON expressed interest in the figures and an estimate
of any increases. He said he would defer to the next committee
to further consider the impact.
CHAIR REVAK noted that the next committee of referral is the
finance committee.
4:19:23 PM
CHAIR REVAK asked if DOC currently has a working relationship
with DMV and, if so, in what capacity.
MS. HOWELL answered yes; the Department of Corrections (DOC) and
the Department of Administration (DOA) have worked together on
the REAL ID issues.
CHAIR REVAK asked Ms. Olsen for her perspective on SB 209.
MS. OLSEN answered that DMV has worked well with DOC.
CHAIR REVAK said he attended a reentry simulation and this bill
likely stems from that process. It was a wakeup call to see what
people might experience as they reintegrate from DOC
institutions into the communities. He expressed appreciation for
the intent of SB 209.
4:21:40 PM
CHAIR REVAK opened public testimony on SB 209.
4:22:06 PM
LINDA SETTERBERG, Coordinator, Reentry Coalition, Fairbanks,
Alaska, stated support for SB 209. She said it has been the
coalition's experience that obtaining an ID or driver's license
is a barrier for some clients. Receiving an ID before leaving a
correctional facility would facilitate the reentry experience.
4:23:14 PM
CHAIR REVAK closed public testimony on SB 209 and held the bill
in committee for future consideration.
4:23:52 PM
There being no further business to come before the committee,
Chair Revak adjourned the Senate State Affairs Standing
Committee meeting at 4:23 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 209 Sponsor Statement 2.25.2020.pdf |
SSTA 3/12/2020 3:30:00 PM |
SB 209 |
| SB 209 Sectional Analysis v. K 2.25.2020.pdf |
SSTA 3/12/2020 3:30:00 PM |
SB 209 |
| SB 210 Statutes 3.6.2020.pdf |
SSTA 3/12/2020 3:30:00 PM |
SB 210 |
| SB 210-DMV License Plates 3.6.2020.pdf |
SSTA 3/12/2020 3:30:00 PM |
SB 210 |
| SB 210-Sponsor Statement 3.6.2020.pdf |
SSTA 3/12/2020 3:30:00 PM |
SB 210 |
| SB 210-Backup- License Plate Legislation Past Ten Years 3.6.2020.pdf |
SSTA 3/12/2020 3:30:00 PM |
SB 210 |