SENATE STATE AFFAIRS COMMITTEE March 11, 1994 9:05 a.m. MEMBERS PRESENT Senator Loren Leman, Chair Senator Mike Miller, Vice Chair Senator Robin Taylor Senator Jim Duncan Senator Johnny Ellis MEMBERS ABSENT All Members Present COMMITTEE CALENDAR SENATE BILL NO. 216 "An Act relating to the sale, display, or distribution of material harmful to minors at places where minors are allowed to be present and where minors are allowed to view such material." SENATE BILL NO. 279 "An Act relating to operating or driving a motor vehicle, commercial motor vehicle, aircraft, or watercraft." HOUSE BILL NO. 368 "An Act relating to reapplication for the 1993 permanent fund dividend when the United States Postal Service documents the loss of mail during the 1993 application period; and providing for an effective date." CS FOR HOUSE CONCURRENT RESOLUTION NO. 25(L&C) Relating to a state materials exchange. HOUSE CONCURRENT RESOLUTION NO. 29 am Relating to the military operations areas environmental impact statement of the United States Air Force. HOUSE CONCURRENT RESOLUTION NO. 30 Relating to the twenty-sixth annual Girls' State. CS FOR HOUSE BILL NO. 313(JUD) "An Act relating to suspended imposition of criminal sentences and to the imposition of sentence when a suspended imposition of sentence is revoked." CS FOR SENATE BILL NO. 248(HES) "An Act relating to services for and protection of vulnerable adults; and providing for an effective date." SENATE BILL NO. 250 "An Act relating to the Older Alaskans Commission and staff of the commission; changing the name of the Older Alaskans Commission to the Alaska Commission on Aging and extending the termination date of the commission; relating to the Alaska Pioneers' Homes Advisory Board; relating to services and programs for older Alaskans; and providing for an effective date." SENATE BILL NO. 21 "An Act relating to child visitation rights of grandparents and other persons who are not the parents of the child." PREVIOUS SENATE COMMITTEE ACTION SB 216 - See State Affairs minutes dated 2/11/94, 2/16/94, and 3/4/94. SB 279 - See State Affairs minutes dated 3/9/94. HB 368 - See State Affairs minutes dated 3/9/94. HCR 25 - See State Affairs minutes dated 3/9/94. HCR 29 - See State Affairs minutes dated 3/9/94. HCR 30 - See State Affairs minutes dated 3/9/94. HB 313 - No previous senate committee action. SB 248 - See Health, Education & Social Services minutes dated 2/2/94, 2/4/94, and 2/16/94. SB 250 - See Health, Education & Social Services minutes dated 2/2/94, 2/4/94, and 2/16/94. SB 21 - No previous senate committee action. WITNESS REGISTER Representative Pete Kott State Capitol, Juneau, AK 99801-1182¶465-3777 POSITION STATEMENT: prime sponsor of HB 313 Margot Knuth, Assistant Attorney General Criminal Division Department of Law P.O. Box 110300, Juneau, AK 99811-0300¶465-3428 POSITION STATEMENT: in favor of HB 313 Nancy Bear Usera, Commissioner Department of Administration P.O. Box 110200, Juneau, AK 99811-0200¶465-2200 POSITION STATEMENT: in favor of SB 248 & SB 250 Mary Lou Meiners, State Chairperson American Association of Retired Persons Legislative Committee Box 020412, Juneau, AK 99802-0412¶586-2568 POSITION STATEMENT: testified on SB 250 Connie Sipe, Director Division of Senior Services Department of Administration P.O. Box 110209, Juneau, AK 99811-0209¶465-3250 POSITION STATEMENT: testified on SB 250 Senator Dave Donley State Capitol, Juneau, AK 99801-1182¶465-3892 POSITION STATEMENT: prime sponsor of SB 21 ACTION NARRATIVE TAPE 94-15, SIDE A Number 001 CHAIRMAN LEMAN calls the Senate State Affairs Committee to order at 9:05 a.m. Number 010 CHAIRMAN LEMAN brings up SB 216 (DISPLAY SEX EXPLICIT MATERIALS NEAR MINOR) as the first order of business before the Senate State Affairs Committee. Number 015 SENATOR TAYLOR makes a motion to adopt the State Affairs committee substitute for SB 216. Number 021 CHAIRMAN LEMAN, hearing no objection, orders CSSB 216(STA) be adopted in lieu of the original bill. The chairman asks if there is anyone in the public who wishes to testify on the bill. Number 023 SENATOR TAYLOR makes a motion to discharge SB 216 from the State Affairs Committee with individual recommendations. CHAIRMAN LEMAN, hearing no objection, orders SB 216 released from committee with individual recommendations. Number 027 CHAIRMAN LEMAN brings up SB 279 (DWI LAWS) as the next order of business before the State Affairs Committee. Number 033 SENATOR TAYLOR makes a motion to discharge SB 279 from the Senate State Affairs Committee with individual recommendations. Number 035 SENATOR LEMAN CHAIRMAN LEMAN, hearing no objection, orders SB 279 released from committee with individual recommendations. Number 039 CHAIRMAN LEMAN brings up HB 368 (REAPPLICATION PERIOD FOR 1993 PF DIVIDEND) as the next order of business before the State Affairs Committee. Number 045 SENATOR MILLER makes a motion to discharge HB 368 from the Senate State Affairs Committee with individual recommendations. Number 048 SENATOR TAYLOR objects and asks what the next committee of referral is for HB 368. SENATOR MILLER replies it goes next to the Rules Committee. SENATOR TAYLOR states he is concerned that people in Southeast have been left out of the reapplication period due to the time shift. SENATOR LEMAN states the people being allowed to reapply for their 1993 dividends are people who applied, but whose applications were lost by the Post Office. SENATOR TAYLOR says he will withdraw his objection. Number 068 CHAIRMAN LEMAN, hearing no further objection, orders HB 368 released from committee with individual recommendations. Number 072 SENATOR LEMAN brings up HCR 25 (STATE INDUSTRIAL MATERIALS EXCHANGE) as the next order of business before the State Affairs Committee. Number 077 SENATOR TAYLOR makes a motion to discharge HCR 25 from the Senate State Affairs Committee with individual recommendations. Number 079 CHAIRMAN LEMAN, hearing no objection, orders HCR 25 released from committee with individual recommendations. Number 081 SENATOR LEMAN brings up HCR 29 (COMMEND AIR FORCE: ENVIR IMPACT STATEMENT) as the next order of business before the State Affairs Committee. Number 086 SENATOR MILLER makes a motion to discharge HCR 29 from the Senate State Affairs Committee with individual recommendations. Number 089 CHAIRMAN LEMAN, hearing no objection, orders HCR 29 released from committee with individual recommendations. Number 091 CHAIRMAN LEMAN brings up HCR 30 (TWENTY-SIXTH ANNUAL GIRLS STATE) as the next order of business before the committee. Number 095 SENATOR MILLER makes a motion to discharge HCR 30 from the Senate State Affairs Committee with individual recommendations. Number 097 CHAIRMAN LEMAN, hearing no objection, orders HCR 30 released from committee with individual recommendations. Number 101 CHAIRMAN LEMAN brings up HB 313 (IMPOSITION/REVOCATION,SUSPENDED SENTENCES) as the next order of business before the committee. The chairman calls the prime sponsor to testify. Number 103 REPRESENTATIVE PETE KOTT, prime sponsor of HB 313 states HB 313 primarily deals with class B misdemeanors. Under current law, a judge cannot put a person on probation any longer than the maximum period of time that person could be sentenced to prison. For instance, the maximum sentence for disorderly conduct is ten days, so a judge could not sentence a person convicted of disorderly conduct to probation for more than ten days. The intent of HB 313 is to give judges a little discretion in sentencing. It will allow judges to put a defendant on probation for up to a year. It is hoped that this option in sentencing will free up some prison space. Assigning a person to probation, and as a part of that probation requiring them to attend an alcohol rehabilitation program, would not fall under the parameters of the current probation status if the alcohol rehabilitation program is for a longer period of time than the amount of time they are on probation. Number 128 CHAIRMAN LEMAN asks if there has been any previous objection to HB 313. REPRESENTATIVE KOTT states HB 313 passed the House of Representatives by a vote of 36 to 0. CHAIRMAN LEMAN asks if there is anyone in the public who wishes to testify on HB 313. The chairman asks Ms. Knuth if she would like to join the committee at the table. Number 132 SENATOR TAYLOR states that, as a former district court judge, had the provisions contained in HB 313 been available to him, he would have utilized them. There are many times when the amount of maximum sentence allowable forces a judge to actually incarcerate more frequently when there isn't opportunity to do the type of probationary activities that will often times turn a person around. Senator Taylor thinks HB 313 is an excellent idea. Number 142 MARGOT KNUTH, Assistant Attorney General, Criminal Division, Department of Law states the Department of Law very much supports HB 313. It is something the department knows judges would like to have as an option during sentencing. Many judges have trouble deciding whether a person should have suspended imposition of sentence in 90 days or 10 days. So the judges enter a conviction of record that cannot be removed from the defendants record, because that enables the judge to give a defendant a years probation. MS. KNUTH states the Public Defender's Office, the Office of Public Advocacy, the Court System, and the Department of Law all support HB 313. CHAIRMAN LEMAN asks if anyone else wishes to testify on HB 313. Number 170 SENATOR TAYLOR makes a motion to discharge HB 313 from the Senate State Affairs Committee with individual recommendations. Number 172 CHAIRMAN LEMAN, hearing no objection, orders HB 313 released from committee with individual recommendations. Number 178 CHAIRMAN LEMAN brings up SB 248 (ASSIST & PROTECT VULNERABLE ADULT) as the next order of business before the committee. The chairman calls Commissioner Usera to testify. Number 183 NANCY BEAR USERA, Commissioner, Department of Administration says she will make a brief statement about both SB 248 and SB 250. She states SB 248 and SB 250 are two of a three bill package from the governor affecting senior's programs. SB 248 has no fiscal note in terms of new funds; however, it does represent a transfer of funds from the Department of Health & Social Services to the Department of Administration. It is part of the effort to consolidate senior's programs into one department. COMMISSIONER USERA states SB 250 is the reorganization of the commissions that deal with senior's programs. There is no fiscal note associated with SB 250. (the discussion returns to SB 248.) Number 218 COMMISSIONER USERA says the administration is really anxious to see these bills move through the legislative process. CHAIRMAN LEMAN asks if there is any committee discussion. Number 229 SENATOR TAYLOR says he has a question regarding page 4 of SB 248, where it states gross negligence is the only standard upon which compensatory damages may be awarded. Senator Taylor thinks that is out of line. Why should there be a lesser standard in this circumstance than that which anyone else would have to meet? Number 242 COMMISSIONER USERA states that was an amendment that was made in the Senate Health, Education & Social Services Committee by the committee. Number 253 SENATOR TAYLOR asks if the administration takes a position on this language. COMMISSIONER USERA says the administration found that language acceptable based on the discussion at the time the amendment was made. SENATOR TAYLOR asks that an amendment to SB 248 be made on page 4. Delete, on line 4, beginning with "A person may not..." through "..personal injury." on line 12. Number 268 SENATOR TAYLOR states he is suggesting that amendment because if someone misuses their office or their position, they should be liable. Number 284 CHAIRMAN LEMAN states he opposes that amendment. The chairman asks if anyone in the public wishes to comment on the amendment. The chairman asks Commissioner Usera if the language Senator Taylor is proposing to delete was in the original bill. COMMISSIONER USERA replies that the language was not in the original bill, but was added by the Senate Health, Education & Social Services Committee. CHAIRMAN LEMAN asks if the objection to the amendment is maintained. CHAIRMAN LEMAN states he still objects to the amendment and asks that the role be taken. The amendment is adopted, 3 yeas, 2 nays. Voting in favor of the amendment are Senators Taylor, Ellis, and Duncan. Voting against the amendment is Chairman Leman and Senator Miller. Number 304 SENATOR TAYLOR states that on page 11 there is a further immunity provision, but he will not ask for deletion of that provision. SENATOR LEMAN asks if there are any further amendments or discussion. Number 310 SENATOR TAYLOR makes a motion to discharge SB 248 from the Senate State Affairs Committee with individual recommendations. Number 311 CHAIRMAN LEMAN, hearing no objection, orders SB 248 released from committee with individual recommendations. Number 313 CHAIRMAN LEMAN brings up SB 250 (REVISE OLDER ALASKANS COMMISSION) as the next order of business before the committee. The chairman calls Ms. Meiners to testify. Number 317 MARY LOU MEINERS, State Chairperson, American Association of Retired Persons Legislative Committee commends the administration for their work on senior's programs, but takes objection with the provision in SB 250 on page 3, lines 12 and 13, which gives the governor the power to appoint the chair of the Older Alaskans Commission. The AARP feels that since the governor appoints all the members of the commission, the commission itself should be able to choose its' chairperson. Otherwise, the AARP is in favor of SB 250. Number 335 SENATOR LEMAN asks Ms. Meiners if she thinks her concern is really that important. MS. MEINERS says she has received a lot of calls regarding that provision, and people seem to be concerned with it. She states the people who have contacted her think it is important to retain that one bit of power on the commission. Number 345 SENATOR DUNCAN makes a motion, based on Ms. Meiners testimony, to delete section 7 if it would give the commission the power to elect their own chair. Number 352 CONNIE SIPE, Director, Division of Senior Services, Department of Administration states if section 7 is deleted, that would enable the commission to elect its' own officers and chairperson. Number 360 SENATOR LEMAN asks Commissioner Usera and Ms. Sipe if they can defend section 7. Number 361 COMMISSIONER USERA responds the difference of opinion on section 7 lies in advocacy for the program. The Older Alaskans Commission, which under SB 250 becomes the Commission on Aging has a dual mandate, not only to administer programs and establish policy, but also to be an advocate for senior's programs. The administration believes that advocacy role can be better served if there is a relationship between the governor and the chairman. Number 383 SENATOR DUNCAN says it also makes sense for the senior community of this state to have a different goal or policy than the administration, and that the chairman shouldn't necessarily be simply a mouth-piece for the governor. COMMISSIONER USERA says that isn't the idea, the idea is for the governor to have access to the commission. If the chairman of a commission is so identified with the prior political appointment, that their access to the governor or to the processes that entails, impairs their ability to do the job. Number 398 SENATOR DUNCAN says he has not been convinced and makes a motion to delete section 7 from SB 250. SENATOR TAYLOR states he thinks deleting section 7 would be preferable. He has found that if a governor can select all the members of a group, part of the selection process can be that persons appointed agree to select the person the governor wants for chairperson. 413 COMMISSIONER USERA says section 7 is in the administration's best judgement and is their recommendation on how organizations can best be managed. Certainly, if there is a difference of opinion, the administration will not attempt to hold the bill up or take great exception to an amendment. Number 422 CHAIRMAN LEMAN asks if there is objection to the motion to delete section 7 from SB 350. Hearing no objection, the amendment has been adopted. The chairman asks if there is further discussion on SB 250. Number 427 SENATOR TAYLOR makes a motion to discharge SB 250 from the Senate State Affairs Committee with individual recommendations. Number 433 COMMISSIONER USERA states that on page 2, line 17, section 3 there is a provision allowing the governor to appoint the pioneer home chairperson also. In the interest of consistency, the commissioner brings that to the committee's attention. Number 446 CHAIRMAN LEMAN makes a motion to delete the material on line 17, page 2. Hearing no objection, the chairman notes the amendment has been adopted. SENATOR TAYLOR renews his motion to discharge SB 250 from the Senate State Affairs Committee with individual recommendations. Number 454 CHAIRMAN LEMAN, hearing no objection, orders SB 250 released from committee with individual recommendations. Number 456 CHAIRMAN LEMAN brings up SB 21 (MISC. GRANDPARENT VISITATION RIGHTS) as the next order of business. The chairman calls Senator Donley to testify. Number 463 SENATOR DAVE DONLEY, prime sponsor of SB 21 states SB 21 would give grandparents standing to ask a court for visitation rights with their grandchildren. This bill would simply give them that standing to ask for visitation rights. SB 21 does not require that visitation rights be given, it is completely up to the discretion of the judge, but currently grandparents do not have the standing to even ask for visitation. Number 471 CHAIRMAN LEMAN notes there is one announcement he needs to make, and that is that SB 273 will not be heard today in the State Affairs Committee. The prime sponsor has asked that the committee hold off on hearing the bill. Number 475 SENATOR DONLEY states there has been a request by the Alaska Women's Lobby to delete section 4 of SB 21. Senator Donley states he does not have any particular objection to deleting that section. Section 4 applies to mutual agreements of dissolution by both parents, and the court is not involved in that. Some persons feel that grandparents should not be involved in that process. Senator Donley thinks that the bill will be a real step forward with or without that section. He will leave that deletion up to the committee. CHAIRMAN LEMAN asks if what the pleasure of the committee is. Number 494 SENATOR TAYLOR makes a motion to discharge SB 21 from the Senate State Affairs Committee with individual recommendations. Number 497 CHAIRMAN LEMAN, hearing no objection, orders SB 21 released from committee with individual recommendations. CHAIRMAN LEMAN adjourns the Senate State Affairs Committee meeting at 9:43 a.m.