03/13/2008 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB284 | |
| SB153 | |
| HB296 | |
| HB286 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 153 | TELECONFERENCED | |
| + | HB 296 | TELECONFERENCED | |
| + | HB 286 | TELECONFERENCED | |
| + | HB 88 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | HB 284 | ||
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
March 13, 2008
9:09 a.m.
MEMBERS PRESENT
Senator Lesil McGuire, Chair
Senator Gary Stevens, Vice Chair
Senator Hollis French
Senator Lyda Green
Senator Con Bunde
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CS FOR HOUSE BILL NO. 284(FIN)
"An Act relating to participation in certain student fellowships
as an allowable absence from the state for purposes of
eligibility for permanent fund dividends; and providing for an
effective date."
MOVED CSHB 284(FIN) OUT OF COMMITTEE
SENATE BILL NO. 153
"An Act relating to the use of credited military service by
retired peace officers and fire fighters to meet certain
requirements for major medical insurance coverage benefits."
HEARD AND HELD
HOUSE BILL NO. 296
"An Act extending the termination date of the Board of Parole;
and providing for an effective date."
MOVED HB 296 OUT OF COMMITTEE
HOUSE BILL NO. 286
"An Act relating to impersonating a public servant."
MOVED HB 286 OUT OF COMMITTEE
HOUSE BILL NO. 88
"An Act relating to televisions, monitors, portable computers,
and similar devices in motor vehicles; and providing for an
effective date."
SCHEDULED BUT NOT HEARD
PREVIOUS COMMITTEE ACTION
BILL: HB 284
SHORT TITLE: PFD ALLOWABLE ABSENCE: FELLOWSHIPS
SPONSOR(S): REPRESENTATIVE(S) HAWKER
01/04/08 (H) PREFILE RELEASED 1/4/08
01/15/08 (H) READ THE FIRST TIME - REFERRALS
01/15/08 (H) STA, FIN
01/24/08 (H) STA RPT 4DP 1NR
01/24/08 (H) DP: JOHANSEN, ROSES, DOLL, LYNN
01/24/08 (H) NR: COGHILL
01/24/08 (H) STA AT 8:00 AM CAPITOL 106
01/24/08 (H) Moved Out of Committee
01/24/08 (H) MINUTE(STA)
01/30/08 (H) FIN AT 1:30 PM HOUSE FINANCE 519
01/30/08 (H) Moved CSHB 284(FIN) Out of Committee
01/30/08 (H) MINUTE(FIN)
01/31/08 (H) FIN RPT CS(FIN) 5DP 4NR
01/31/08 (H) DP: CRAWFORD, HAWKER, THOMAS, NELSON,
CHENAULT
01/31/08 (H) NR: GARA, STOLTZE, KELLY, MEYER
02/13/08 (H) TRANSMITTED TO (S)
02/13/08 (H) VERSION: CSHB 284(FIN)
02/15/08 (S) READ THE FIRST TIME - REFERRALS
02/15/08 (S) STA, HES
03/11/08 (S) STA AT 9:00 AM BELTZ 211
03/11/08 (S) Heard & Held
03/11/08 (S) MINUTE(STA)
BILL: SB 153
SHORT TITLE: PEACE OFFICERS/FIRE FIGHTER RETIREMENT
SPONSOR(S): SENATOR(S) FRENCH
04/13/07 (S) READ THE FIRST TIME - REFERRALS
04/13/07 (S) L&C, STA, FIN
01/31/08 (S) L&C AT 2:00 PM BELTZ 211
01/31/08 (S) Heard & Held
01/31/08 (S) MINUTE(L&C)
02/07/08 (S) L&C AT 1:30 PM BELTZ 211
02/07/08 (S) -- MEETING CANCELED --
02/21/08 (S) L&C AT 1:30 PM BELTZ 211
02/21/08 (S) Moved SB 153 Out of Committee
02/21/08 (S) MINUTE(L&C)
02/25/08 (S) L&C RPT 2DP 1NR
02/25/08 (S) DP: ELLIS, DAVIS
02/25/08 (S) NR: BUNDE
03/13/08 (S) STA AT 9:00 AM BELTZ 211
BILL: HB 296
SHORT TITLE: EXTENDING BOARD OF PAROLE
SPONSOR(S): REPRESENTATIVE(S) LYNN
01/04/08 (H) PREFILE RELEASED 1/4/08
01/15/08 (H) READ THE FIRST TIME - REFERRALS
01/15/08 (H) STA, FIN
01/17/08 (H) STA AT 8:00 AM CAPITOL 106
01/17/08 (H) <Bill Hearing Postponed to 01/19/08>
01/19/08 (H) STA AT 11:00 AM CAPITOL 106
01/19/08 (H) Moved Out of Committee
01/19/08 (H) MINUTE(STA)
01/22/08 (H) STA RPT 4DP 2NR
01/22/08 (H) DP: ROSES, COGHILL, DOLL, LYNN
01/22/08 (H) NR: JOHNSON, JOHANSEN
01/30/08 (H) FIN AT 1:30 PM HOUSE FINANCE 519
01/30/08 (H) Moved Out of Committee
01/30/08 (H) MINUTE(FIN)
01/31/08 (H) FIN RPT 7DP 2NR
01/31/08 (H) DP: GARA, CRAWFORD, HAWKER, NELSON,
THOMAS, STOLTZE, MEYER
01/31/08 (H) NR: KELLY, CHENAULT
02/13/08 (H) TRANSMITTED TO (S)
02/13/08 (H) VERSION: HB 296
02/15/08 (S) READ THE FIRST TIME - REFERRALS
02/15/08 (S) STA, FIN
03/13/08 (S) STA AT 9:00 AM BELTZ 211
BILL: HB 286
SHORT TITLE: IMPERSONATING A PUBLIC SERVANT
SPONSOR(S): REPRESENTATIVE(S) DAHLSTROM
01/04/08 (H) PREFILE RELEASED 1/4/08
01/15/08 (H) READ THE FIRST TIME - REFERRALS
01/15/08 (H) JUD
02/01/08 (H) JUD AT 1:00 PM CAPITOL 120
02/01/08 (H) Moved Out of Committee
02/01/08 (H) MINUTE(JUD)
02/04/08 (H) JUD RPT 3DP 1NR 1AM
02/04/08 (H) DP: SAMUELS, DAHLSTROM, RAMRAS
02/04/08 (H) NR: COGHILL
02/04/08 (H) AM: HOLMES
02/11/08 (H) TRANSMITTED TO (S)
02/11/08 (H) VERSION: HB 286
02/13/08 (S) READ THE FIRST TIME - REFERRALS
02/13/08 (S) STA, JUD
03/13/08 (S) STA AT 9:00 AM BELTZ 211
WITNESS REGISTER
BILLIE JOE CALDWELL, Alaska Program Director
AmeriCorps
Seattle WA
POSITION STATEMENT: Described the AmeriCorps program.
BILL DILLON, State Program Specialist
Corporation for National and Community Service
Seattle WA
POSITION STATEMENT: Described the AmeriCorps program.
REPRESENTATIVE MIKE HAWKER
Alaska State Legislature
Juneau AK
POSITION STATEMENT: Presented HB 284.
PAT SHIER, Director
Division of Retirement and Benefits
Department of Administration
Juneau AK
POSITION STATEMENT: Spoke in opposition to SB 153.
KATHLEEN LEA, Retirement Manager
Division of Retirement and Benefits
Juneau AK
POSITION STATEMENT: Answered questions regarding SB 153.
MAURICE HUGHES, Law Enforcement Officer
Kodiak AK
POSITION STATEMENT: Spoke in favor of SB 153
PAUL FUSSEY, Alaska State Trooper
Kodiak AK
POSITION STATEMENT: Spoke in favor of SB 153
MICHAEL SICA, Staff
to Representative Bob Lynn
Alaska State Legislature
Juneau AK
POSITION STATEMENT: Presented HB 296
KATHY MATSUMOTO, Executive Director
State Board of Parole
Anchorage AK
POSITION STATEMENT: Answered questions regarding HB 296.
MICHAEL STARK, Member
State Board of Parole
Juneau AK
POSITION STATEMENT: Answered questions regarding HB 296.
PAT DAVIDSON, Auditor
Division of Legislative Audit
Juneau AK
POSITION STATEMENT: Answered questions regarding HB 296.
JENNIFER BAXTER, Staff
to Representative Nancy Dahlstrom
Alaska State Legislature
Juneau AK
POSITION STATEMENT: Presented HB 286
ROB COX, President
Public Safety Employees Association
Juneau AK
POSITION STATEMENT: Spoke in favor of HB 286
ACTION NARRATIVE
CHAIR LESIL MCGUIRE called the Senate State Affairs Standing
Committee meeting to order at 9:09:50 AM. Senators French,
Bunde, and McGuire were present at the call to order. Senators
Stevens and Green arrived later.
HB 284-PFD ALLOWABLE ABSENCE: FELLOWSHIPS
CHAIR MCGUIRE announced the consideration of HB 284. [Before the
committee was CSHB 284(FIN).] She noted that Senator French's
amendment and an objection to that amendment were pending.
9:10:35 AM
SENATOR FRENCH said he had a packet of information supporting
Amendment 1, [adding AmeriCorps duty as an allowable absence for
permanent fund dividend (PFD) eligibility. AmeriCorps is a
domestic version of the Peace Corps, made up three main
programs: State and National, VISTA [Volunteers in Service to
America], and National Civilian Community Corps. Volunteers work
with community agencies, faith-based organizations, and non-
profits, like Habitat for Humanity, the Red Cross, and the
United Way. AmeriCorps volunteers are lawful U.S. citizens, at
least 17 years old, and they serve for ten to twelve months.
Volunteers are eligible for an educational award of up to
$4,725, and about half of the volunteers get a modest living
stipend. There are 74,000 volunteers nation-wide. He believes
there are 59 Alaskans serving in the Lower 48 who will be
affected by Amendment 1. They are Alaskans doing good work. He
noted the inequity of a Peace Corps exemption and no AmeriCorps
exemption. "It seems as least as noble to be re-building houses
in the wake of Hurricane Katrina as it is to be building houses
in Africa." An AmeriCorps volunteer in El Paso can see a Peace
Corp Volunteer waive a PFD check from across the river in
Mexico. "How can the Rio Grande keep an Alaskan in El Paso from
not getting a dividend check when an Alaskan in Juarez does?"
9:13:42 AM
BILLIE JOE CALDWELL, Alaska Program Director, AmeriCorps,
Seattle WA, said AmeriCorps is a national program and there are
three components to it. The VISTA program fights the war on
poverty. The State and National program provides opportunities
for citizens and tries to build capacity within their
communities. VISTA began in 1964, and the first people were
placed in Alaska in 1965. It is the prototype for other
AmeriCorps programs.
9:15:08 AM
CHAIR MCGUIRE said when she looks at exemptions for PFD absences
she looks at the term of service. It looks like this is a 10 to
12 month program. Can it be longer than that?
MR. CALDWELL said both VISTA and AmeriCorps members have a
limitation of three years. There are "allowabilities" for
another one or two years with a definite five-year cap. After
two education awards have been earned, a person cannot earn
another one; it would have to be a stipend of $1,200.
9:16:42 AM
CHAIR MCGUIRE said it takes years to get these exemptions
through. She wants to see the actual application to determine
that it is a federally-recognized program. She asked for a
better understanding of the term "service." She would like it in
writing in greater detail. She asked if there is a requirement
to return to the volunteer's place of residency. The Peace Corps
requires a plane ticket back to a person's home state.
AmeriCorps seems like a great service, but she wouldn't want a
person to come up to Alaska to qualify for a dividend and then
leave for a program that lasts many years.
9:18:30 AM
MR. CALDWELL said that would be impossible because of the time
limits. Like the Peace Corps, volunteers must declare their home
of record and they get a ticket back at the end of their
service. He will provide that in writing.
SENATOR BUNDE said that volunteers serve their communities, but
the program sends people to other states. He asked Mr. Caldwell
to clarify that.
MR. CALDWELL said he was referring to the state and national
program that is set up to serve in the person's state. The VISTA
program encourages locally-recruited volunteers, "but the real
effort is to bring people who have completed college into a
community and provide some leadership and mentoring to build the
capacity of the community to deal with their own problems." The
state-run program has members who are living in their community
working on their problems.
SENATOR BUNDE said this bill would only refer to VISTA
volunteers.
MR. CALDWELL said it would be all of them. If there is a project
in Alaska, for example, and it is a tribal NCCC [National
Civilian Conservation Corps] program. The volunteers could go on
work assignments outside Alaska, but predominantly they would
work in Alaska on a stream restoration project or any community
driven and oriented project.
9:21:28 AM
SENATOR BUNDE asked if an AmeriCorps/VISTA person assigned in
Alaska will be assigned temporarily outside of Alaska.
MR. CALDWELL said absolutely.
SENATOR BUNDE noted that Senator French said there were 59
Alaskans working outside. He asked for more information on them.
9:22:23 AM
MR. CALDWELL said he can get that. The VISTA volunteers are
predominantly college graduates.
BILL DILLON, State Program Specialist, Corporation for National
and Community Service, Seattle WA, said the corporation has been
studying what happens to the volunteers after completing their
service. They generally return to their communities and make
significant commitments to serving their community in many
different positions, like government, non-profits, and
education. As a result of their service, they tend to come back
and work to build healthy communities.
CHAIR MCGUIRE said Peace Corps volunteers have a higher than
average involvement in volunteerism, teaching, and nonprofit
work. When putting an exemption in statute, it needs to be clear
who it is for, how long, and how many Alaskan volunteers come
back. She would like that information.
9:25:00 AM
MR. CALDWELL said it will be difficult. All governments are
squeezed for cash, and tracking post-service volunteers is
challenging. There are current studies but he is not sure if
they are broken down into individual states. The information
probably will not be immediately available.
SENATOR FRENCH noted that AmeriCorps service can be one to five
years, and he asked what the most common length of service is.
MR. DILLON said it is typically one year, and a fifth may come
back for a second year. A third year is served "not very often,
and hardly ever for a fourth year."
SENATOR FRENCH said 80 percent of the volunteers serve for one
year, and 15 percent serve two, and maybe 5 percent serve three?
MR. DILLON said probably over 80 percent serve for a year. He
has been involved for 20 years.
9:26:51 AM
SENATOR FRENCH asked about his current assignment.
MR. DILLON said he is responsible for Washington and Alaska, and
Mr. Caldwell oversees Alaska programs, administering the
National Senior Service Corps program, foster grandparents,
senior companion, retired senior volunteers, and VISTA.
9:27:40 AM
SENATOR BUNDE asked how people are recruited.
MR. CALDWELL said word of mouth is the most effective, and there
is an electronic recruitment system. People make presentations
at high schools and colleges.
REPRESENTATIVE MIKE HAWKER, Alaska State Legislature, said this
is not a referendum on the merits of the AmeriCorps program, but
the issue is expanding the categories for allowable absences for
the PFD program. The allowance for absences for educational
purposes is well encapsulated in statute. Alaska students will
need to go to universities all over the world. Alaska can't
provide all opportunities in its university system. The
exemption for other vocational education actually uses the
criteria of "not reasonably available in the state". Some
AmeriCorps programs are available in Alaska. The purpose of HB
284, which was brought to him by a constituent, pertains to
regulatory language that is contrary to the intent of the law.
Amendment 1 adds an entirely new program, creating questions and
concerns. His concern is that there may be comparable programs
in the state. The Alaska youth restoration program is dedicated
to streambed restoration. The AmeriCorps website states: in
exchange … for a year of full-time service, AmeriCorps members
earn an educational award of $4,725 that can be used to pay for
college or graduate school or to pay back qualified student
loans. Someone may become a volunteer "truly from a volunteer
interest" or for the money. He said it is nothing against the
AmeriCorps process, but there is a separate bill on it, and he
asked the committee to reject Amendment 1.
9:32:45 AM
MR. CALDWELL asked how he saw the AmeriCorps program different
from the Peace Corps.
REPRESENTATIVE HAWKER said it is irrelevant.
CHAIR MCGUIRE said the bill goes to the Health, Education and
Social Services Committee next. It took six years for her to get
an allowable exemption - it is not taken lightly. Members want
to see new exemptions done in a contained way that keeps it for
residents of Alaska. She suggested that Mr. Caldwell work with
Senator French and the sponsors of HB 401 and address the term
of service, the application, and place of return for the next
committee. She supports the AmeriCorps program and getting an
allowable absence for doing good work. She doesn't want to put
members in the position where they are pulling a bill out of the
House that they haven't heard much testimony on. Senator Green
maintains her objection.
9:35:52 AM
SENATOR FRENCH said there has been good testimony. The program
is chartered by the federal government. There is a total of 59
Alaskans in the program, 80 percent serve one year and return to
Alaska, and most are college students. They are doing good work
in the lower 48, and they get a modest stipend and a modest
educational award. "I'm not sure how much more information we
would need to get." This is a program of people who will do good
work volunteering and then do good work when they come back.
CHAIR MCGUIRE asked if he worked with the bill's sponsor.
SENATOR FRENCH said he respects Representative Hawker, but he
has not spoken to him on it.
CHAIR MCGUIRE said Representative Hawker doesn't like it. She
supports the idea but will not support the amendment at this
time. If the vote fails, Senator French should spend time with
the sponsor and the committee can take another look.
9:38:39 AM
A roll call vote was taken. Senator French voted in favor of
Amendment 1, and Senators Green, Stevens, Bunde, and McGuire
voted against it. Amendment 1 failed on a vote of 1 to 4.
SENATOR GREEN moved HB 284 from committee with individual
recommendations and attached fiscal note(s). There being no
objection, CSHB 284(FIN) moved out of committee.
SB 153-PEACE OFFICERS/FIRE FIGHTER RETIREMENT
CHAIR MCGUIRE announced the consideration of SB 153.
9:40:18 AM
SENATOR FRENCH said SB 153 gives peace officers and firefighters
the opportunity - not the obligation -- to buy five years of
medical benefits when they buy five years of retirement
benefits. Former members of the armed forces who work as peace
officers or firefighters in Alaska and are eligible for
retirement can buy five more years of retirement. The problem is
that the people buying that retirement believe that they are
buying medical benefits as well. Current law allows them to
count five years of military service toward their public
employee retirement system (PERS) if the employee isn't eligible
for a federal retirement benefit. The legislation corrects what
many with former military service assume when purchasing
military time, and that is that the time purchased will be
credited to their medical benefits as well as to their
retirement. The bill simply allows for the same purchase of
years to count toward retirement and medical benefits. It
doesn't allow double-dipping because the potential state retiree
must not be eligible for federal military benefits. SB 153
recognizes the military and civilian service of these employees.
SENATOR STEVENS asked about the qualifying issue.
SENATOR FRENCH said for Tier I it is one set of rules. For the
next two tiers, a person has to be 60 years old or work for 25
years. He supplied a chart to clear any confusion.
9:43:50 AM
SENATOR GREEN said she has just been through the most difficult
bill to try and restore the PERS and TRS system to make it a
funded program. Does the buy-in fully pay for "what would have
been in and any interest that [it] would have created for those
five past years?"
PAT SHIER, Director, Division of Retirement and Benefits,
Department of Administration, said there has been a discussion
about a mechanism to have individuals pay for the health care,
but the current bill adds about $5.3 million to the unfunded
liability. That is why the administration is not excited about
it. There are issues that may deserve consideration, but the
administration won't support a measure that adds that liability.
9:45:38 AM
SENATOR GREEN said she cannot possibly support creating more
debt for those programs.
SENATOR BUNDE asked about the fiscal note of $350,000.
MR. SHIER said it represents the first five years. There are 203
individuals who have already elected to use their military time
in order to qualify for increased retirement benefits, and they
are either paying for those or they are saving money right now
in other places like SBS in order to pay for that when they step
out the door. He assumes that those 203 people would also go for
this additional enhancement. The fiscal note is the current
year's cost of the $5.3 million. The unfunded liability is
amortized over 25 years. The fiscal note represents a small
portion of the service costs, and most of it is in the beginning
to amortize the significant addition to the liability. It
flattens out at 2013, "we're assuming that that percentage of
individuals, which is around 8 percent, would grow to as much as
15 percent of the police/fire population. We don't know who
those people are. They're not required to tell us who they are
when they walk in the door and take a job." There are other
things associated with declaring military time under the current
law, but some do it right away and others wait until they are
walking out the door.
9:48:13 AM
SENATOR BUNDE assumed that new hires would not be affected.
MR. SHIER said yes, except for rehires who are in the system.
SENATOR FRENCH asked the cost for buying that retirement.
KATHLEEN LEA, Retirement Manager, Division of Retirement and
Benefits, said the calculation for military service is about 8.5
percent of the vesting-year salary for each year that is
claimed. A military claim right at five years would be about
$25,000. It will gain interest as long as it is unpaid. Interest
begins the year after they vest. The amount would grow even if
they claimed it later. At retirement they have the choice of
making the payment in full or taking it as a lifetime reduction
to their retirement benefit.
9:50:32 AM
MS. LEA said when people retire and claim military service, they
can still see an increase to their retirement benefit without
making a payment at all. They can take a lifetime reduction.
SENATOR FRENCH said the payment is mortgaged.
MS. LEA said yes.
SENATOR FRENCH asked about the medical costs.
MS. LEA said the way SB 153 is structured there is no additional
cost to the members.
SENATOR BUNDE said there would be an additional cost to the
state, and that is the fiscal note.
MR. SHIER said this fiscal note is for adding the medical
benefit that doesn't exist in statute. "We have the old law,
which still allows an individual with military time to present
that retirement and without writing a check at all, simple say
'oh I would get $400 if I wrote the check, but I can get [$200]
if I do nothing. Pay me the [$200] - I'm happy'." That is
stacked on top of their underlying pension benefit. Whatever the
medical benefit they have remains constant. There is a subtlety.
There are two things the state calculates at retirement. One is
the years of service for eligibility to vest. The other is years
of service in dollars for the pension amount.
9:53:13 AM
MR. SHIER said, "So in this case what we're talking about is
years of service for eligibility to even have access to the
medical, not what amount it might be."
SENATOR GREEN asked if they automatically receive this benefit
at age 65.
MS. LEA said they would receive system-paid medical premiums at
age 60 unless there was 25 years of membership service in the
police or fire work.
9:53:55 AM
SENATOR GREEN said, so, the bar is very much lower than the
average person in the world. "You could essentially do this at
age 50" with five years of military and 20 years of state
service, and then pay these fees and qualify for full benefits
for the rest of your life. "It's not quite like you get to the
qualifying year and don't get health insurance ever."
SENATOR FRENCH said at age 65 they go on Medicare. Nobody stays
on state insurance past that age.
MR. SHIER said Medicare becomes primary [at that age], but the
state still has significant obligations to pay what Medicare
doesn't pay. The state pays $384 million a year in retiree
medical benefits.
SENATOR FRENCH asked if that was for people over 65.
MR. SHIER said it was for all retirees.
9:55:22 AM
SENATOR FRENCH asked about the retirees on Medicare.
MR. SHIER said "We are always aware of how many people are out
there right now or who could present themselves for retirement
prior to age 65 or Medicare age." There is a benefit to retire
before age 65.
SENATOR FRENCH noted that the $384 million figure is not for
people over 65.
MR. SHIER said the figure is for all retirees.
SENATOR FRENCH asked if it becomes more or less expensive when a
person goes on Medicare.
MR. SHIER said it becomes less expensive. He will find out.
CHAIR MCGUIRE said the bill will be held over until this
information is provided.
SENATOR GREEN said the calculation for the person that will buy
in should go back to their date of coming into the program.
Normally anyone who is going to qualify for a future program
would be paying their share and watching it grow over those 20
years. What would be the difference for the person who buys in
on their way out and the one who is in from the beginning? She
is concerned about the cost to the state.
9:58:05 AM
MR. SHIER said actuaries have estimated that the average cost
per member per year of claimed military service to add this
additional year of medical coverage, for which they would not
otherwise be eligible, is $6,292 per year. That will be looked
at every year as medical costs change. If someone wants to buy
several years of military service, this is the amount that the
state would attempt to collect. The language in SB 153 doesn't
provide a mechanism for collecting that money from the
individual for medical care. It does for retirement service.
9:58:57 AM
SENATOR GREEN asked what the calculation would be if they had
bought in early, "and you had the expectation for their 20 years
of service what they were accruing, just like any other
employee." It is hard to say a person doesn't have to
participate fully for 20 years of service, only for the five.
"But if you had to calculate what the value of that would be
early on -- that's all I want."
MR. SHIER said he needs clarification and can get those numbers.
MAURICE HUGHES, Law Enforcement Officer, Kodiak, said he is also
a veteran and a Tier II employee. SB 153 is good for law
enforcement and firefighters who have served their country. It
allows them to have medical benefits when buying their military
service. Public safety workers are under tremendous stress on a
daily basis, and the medical component is very important for
retirement. It is an appropriate thing for our veterans. He said
to look at the on-going problem of retention and recruitment in
these jobs. SB 153 could keep past military employees in the
job. It can be used for recruiting previously hired personnel,
and it shows support for Alaska's veterans.
10:02:31 AM
PAUL FUSSEY, Alaska State Trooper, Kodiak, said he is a Tier III
employee, and SB 153 will benefit him. He has had nine years in
the air national guard. He has purchased five years under the
assumption that it would count for his medical too. The average
lifespan of police officers is 66, based on a 40-year study by
John Volanti. This bill will help the police and fire personnel.
10:03:55 AM
CHAIR MCGUIRE set SB 153 aside.
HB 296-EXTENDING BOARD OF PAROLE
CHAIR MCGUIRE announced the consideration of HB 296.
10:04:42 AM
MICHAEL SICA, Staff to Representative Bob Lynn, said HB 296
extends the Board of Parole for another eight years, as
recommended in the legislative audit report.
SENATOR FRENCH requested a description of what the board does.
MR. SICA said its primary responsibilities are to determine
prisoner suitability for discretionary parole and setting
conditions for that. They also hold revocation hearings.
KATHY MATSUMOTO, Executive Director, State Board of Parole,
Anchorage, said the board has about 1,200 cases on active
supervision at any given time. There were 497 hearings, and the
board set mandatory parole conditions for 800 offenders who are
released into supervision. The board sees quite a number of
people who are incarcerated and who request an early release.
Those hearings are conducted throughout the state, and some are
conducted electronically because the board can't always travel.
The five members of the board are very busy. They conduct
preliminary hearings for those on parole supervision who get
arrested and consider if they need to be incarcerated pending a
final hearing, or if there are any options for releasing them
back into the community. The board has a lot of contact with the
Department of Corrections and victim groups. The board works
with transition programs to help offenders stay out of jail. It
has an active role in helping protect the public and working
with offenders to make them productive citizens.
10:09:06 AM
SENATOR FRENCH asked what percentage of discretionary parole
requests the board grants.
MS. MATSUMOTO said last year it was 57, or 40 percent of the
people seen by the board.
SENATOR FRENCH asked if only 110 people asked for discretionary
parole release and 57 were granted.
MS. MATSUMOTO said the board saw about 140 individuals and
granted parole to 40 percent and denied it to 46 percent. There
are some who the board was not prepared to make a decision on.
CHAIR MCGUIRE asked about parole at the federal level.
SENATOR FRENCH said it may be that a person can win
discretionary parole in the federal system. Why is there such a
high rate of discretionary parole? He noted recent incidents of
people released and committing other crimes, and the community
has zero tolerance for that. He acknowledged that the board is
under a mandate to look closely at each set of circumstances,
but "folks in my community are hostile to individuals who get
out of prison and then commit another crime."
10:11:36 AM
MICHAEL STARK, State Board of Parole, Juneau AK, said he is in
Fairbanks at a board meeting. Discretionary parole hearings are
only a small part of the board's duties. They are only 28
percent of the hearings that the board conducts. There are
probably hundreds of prisoners who are eligible for parole that
don't bother applying because they don't believe it will be
granted. "And in most cases, they're probably right." It is only
those with the most promising records that even seek a
discretionary parole, although there are exceptions and those
are denied by the board. Parole is granted to persons with the
most impressive records and are very good risks in the
community. That is borne out because only a very small handful
of discretionary parolees commit crimes. Technical violations
are more frequent. The board has the same concern that
constituents have; the board feels that its client is the people
of Alaska, and its primary obligation is the protection of the
public, and secondarily it wants to assist offenders in
succeeding in the community. Almost all offenders are out in the
community eventually, "and we want to make sure that they have
the tools to succeed."
10:14:00 AM
SENATOR FRENCH asked about success rates.
PAT DAVIDSON, Division of Legislative Audit, Juneau, said there
was a review and the report is in the packet. The review looked
at the risk factors that the parole board uses for making
decisions and tested those based on parole revocations. For
people with the lowest category of risk, the board granted the
highest percentage of paroles. The highest risk got the lowest
percentage of discretionary paroles. Running those numbers
against parole revocations, "we saw the correlation that we had
hoped to see." Those with the lowest risk had the lowest rate of
revocations. There was not a sufficient apples-to-apples
comparison when trying to compare the revocation rate between
discretionary parolees and mandatory parolees. The evidence
suggests that discretionary parole revocation rates are lower
than those with mandatory parole. The audit report asked the
board to put out more information so that the public can see it.
The board concurred with that recommendation.
10:17:08 AM
SENATOR BUNDE said it seems logical. The board cherry picks
those with the greatest potential of rehabilitation.
MR. STARK said anyone who gets a sentence of two years or
longer, except repeat sex offenders, gets out on parole
automatically for the amount of good time that they have earned
- a third off for good time for those who follow the rules. So
they are supervised on mandatory parole for the amount of good
time they have earned, and the board has no say in that, and
they are much more likely to violate their parole than the
discretionary parolees.
SENATOR BUNDE said the good-time carrot should be looked at.
10:19:21 AM
SENATOR BUNDE moved HB 296 from committee with individual
recommendations and attached fiscal note(s). There being no
objection, HB 296 passed out of committee.
HB 286-IMPERSONATING A PUBLIC SERVANT
CHAIR MCGUIRE announced the consideration of HB 286.
JENNIFER BAXTER, Staff to Representative Nancy Dahlstrom,
Sponsor of HB 286, said the bill will increase the penalty for
impersonating a peace officer to a Class C felony. It is now a
misdemeanor. People lure unsuspecting victims by pretending to
be someone they are not, and there should be a stronger
punishment. There is growing concern for community safety, and
HB 286 provides another tool for law enforcement. It also serves
as a deterrent. It doesn't make impersonating a public servant a
Class C felony, but "what we are doing is adding an additional
section here that would separate impersonating a public servant
from impersonating a peace officer." It is for impersonating a
state trooper or police officer.
CHAIR MCGUIRE asked where that is defined.
MS. BAXTER said line 4, page 1. "So we added a classification."
First degree would be a Class C felony; second degree would
remain a Class B misdemeanor.
CHAIR MCGUIRE asked how "public servant" is defined. It is in
AS11.81.900 b 54, as follows: whether compensated or not, but
does not include jurors or witnesses, it's an officer, employee
of the state, municipality, or other political subdivision of
the state, or a governmental instrumentality of the state,
including lawmakers, members of the judiciary, and peace
officers. A person acting as an advisor, consultant, or
assistant at the request of, the discretion of, or under
contract with the state… "This is pretty expansive actually."
10:23:01 AM
MS. BAXTER said that is correct.
CHAIR MCGUIRE said, "So it is a lawmaker."
MS. BAXTER said under current law, impersonating a public
servant in the second degree is a Class B misdemeanor.
SENATOR FRENCH said there is only one crime on the books:
impersonating a public servant, which is a Class B misdemeanor.
MS. BAXTER said that is correct. "I believe what we are doing is
separating or adding this new classification that it is a public
servant, but we are saying impersonating a public servant in the
first degree would be impersonating -- by pretending to be a
peace officer -- and the definition of a peace officer, I
believe, is anyone … such as a state trooper; policeman; VPSOs,
I believe, are included as well."
10:24:15 AM
SENATOR FRENCH asked if it includes firefighters.
MS. BAXTER said not in the statute that she found.
CHAIR MCGUIRE referred to a legal memo dated February 11. It
looks like public servant is defined that way: 54 A through D.
It that your understanding?
MS. BAXTER said yes.
CHAIR MCGUIRE said it is pretty expansive. It includes
legislators, judiciary, peace officers, and so on. Is that your
understanding?
MS. BAXTER said that is her understanding.
SENATOR BUNDE said, "Why not just say peace officer? Why are we
concerned about somebody impersonating a legislator?"
10:25:57 AM
MS. BAXTER said under current law, impersonating a public
servant is a Class B misdemeanor. "Now it is another
classification that if you're impersonating someone in the first
degree, they separated it here on line 5 and 6. A person commits
the crime of impersonating a public servant in the first degree
if the person violates Alaska statute 11.56.830 by pretending to
be a peace officer, and impersonating a public servant in the
first degree is a Class C felony."
SENATOR BUNDE asked if a peace officer is the expanded penalty.
MS. BAXTER said, "That's the addition."
CHAIR MCGUIRE said it is odd that the law is on the books.
10:27:23 AM
ROB COX, President, Public Safety Employees Association, Juneau,
spoke in favor of HB 286. Impersonating a public servant,
including a peace officer, is such a low class of crime that it
rarely gets prosecuted at a B misdemeanor level. Unless it is
committed in the presence of a peace officer, it is not an
arrestable offense, unless a citizen affects that arrest, which
seldom happens. There is a great potential for loss of public
trust when people impersonate peace officers. He knows of no
tragic outcomes in Alaska, but there have been some in other
states. "You don't know what the intent of the person pretending
to be a police officer is until there is some tragedy or not."
It is too late once it happens. He knows of three incidents of
apprehending someone impersonating a peace officer. A citizen's
report stated that someone was attempting to pull people over in
a car equipped like a police officer. Unfortunately, since it
was not committed in the presence of an officer he could not be
arrested nor his car impounded. The man was DUI, so he was
arrested. He had been charged before with the same offense, so
obviously the misdemeanor was not a deterrent. The Public Safety
Employees Association and the troopers and police officers it
represents are very much in support of HB 286.
10:30:41 AM
SENATOR STEVENS asked about Halloween costumes.
MR. COX said there are three levels of filtering before someone
is prosecuted, and the first is the officer's discretion. There
needs to be a complaint. If charges are forwarded the district
attorney would see if it is prosecutable. If so, there would be
the due process of a court. "It would really be difficult to
prosecute somebody on something like that."
10:32:07 AM
MS. BAXTER said the legal opinion states that the person would
also have to engage in some activity impersonating an officer.
CHAIR MCGUIRE said she recalls a series of incidents of a man
impersonating a police officer in Anchorage and assaulting
women. It is very serious because of people's respect for law
enforcement. She asked if the committee had any concerns.
SENATOR FRENCH noted that the bill goes on to the judiciary
committee. He has an issue with the level of the crime. If the
uniform is used to commit a heinous crime, that crime is
punishable by a lengthy prison sentence. There are times when
that person can be stopped by arresting them for having a
uniform -- but they still have to do the act. "You're still left
with that one act they have to commit." Under what circumstances
is it appropriate to put a felony on someone when the only thing
they have done is act like a cop? An A misdemeanor can be a year
in jail, and that is a long time. "I'm concerned about going all
the way up to a C felony - skipping over the misdemeanor." There
was a bill yesterday about burning cars, and a fire marshal said
it happened 60 times in one area every year. This is a serious
issue, but he has a concern about the level of the crime.
10:35:31 AM
SENATOR STEVENS moved to report HB 286 from committee with
individual recommendations and attached fiscal note(s). There
being no objection, HB 286 passed out of committee.
The meeting was adjourned at 10:35:58 AM.
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