04/23/2024 03:00 PM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB256 | |
| HB246 | |
| HB379 | |
| HB278 | |
| HB397 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 256 | TELECONFERENCED | |
| *+ | HB 246 | TELECONFERENCED | |
| *+ | HB 379 | TELECONFERENCED | |
| + | HB 278 | TELECONFERENCED | |
| *+ | HB 397 | TELECONFERENCED | |
| *+ | HB 293 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
April 23, 2024
3:08 p.m.
MEMBERS PRESENT
Representative Laddie Shaw, Chair
Representative Stanley Wright, Vice Chair
Representative Ben Carpenter
Representative Craig Johnson
Representative Ashley Carrick
Representative Andi Story
MEMBERS ABSENT
Representative Jamie Allard
COMMITTEE CALENDAR
SENATE BILL NO. 256
"An Act establishing May as Amyotrophic Lateral Sclerosis
Awareness Month; and providing for an effective date."
- MOVED SB 256 OUT OF COMMITTEE
HOUSE BILL NO. 246
"An Act relating to voter preregistration for minors at least 16
years of age."
- HEARD & HELD
HOUSE BILL NO. 379
"An Act establishing the driving while under the influence
diversion program for eligible persons charged with driving
while under the influence; relating to judgment for restitution;
relating to suspended imposition of sentence; relating to
records kept by the Department of Administration; relating to
operating a vehicle, aircraft, or watercraft while under the
influence of an alcoholic beverage, inhalant, or controlled
substance; amending Rule 9, Alaska Rules of Administration, and
Rule 39, Alaska Rules of Criminal Procedure; and providing for
an effective date."
- HEARD & HELD
HOUSE BILL NO. 278
"An Act establishing the administrative regulation review
division."
- HEARD & HELD
HOUSE BILL NO. 397
"An Act relating to eliminating vacant positions in the
classified and partially exempt service of the state; and
providing for an effective date."
- HEARD & HELD
HOUSE BILL NO. 293
"An Act relating to the registration and titling of vehicles;
relating to electronic registration and titling; relating to the
powers of the commissioner of administration with respect to
motor vehicles; relating to the transfer of vehicles; relating
to motor vehicle liability insurance; relating to non-domiciled
commercial driver's licenses and non-domiciled commercial
learner's permits; and providing for an effective date."
- BILL HEARING CANCELED
PREVIOUS COMMITTEE ACTION
BILL: SB 256
SHORT TITLE: ESTABLISH ALS AWARENESS MONTH
SPONSOR(s): STATE AFFAIRS BY REQUEST
02/28/24 (S) READ THE FIRST TIME - REFERRALS
02/28/24 (S) CRA
03/12/24 (S) CRA AT 1:30 PM BELTZ 105 (TSBldg)
03/12/24 (S) Heard & Held
03/12/24 (S) MINUTE(CRA)
03/14/24 (S) CRA AT 1:30 PM BELTZ 105 (TSBldg)
03/14/24 (S) Moved SB 256 Out of Committee
03/14/24 (S) MINUTE(CRA)
03/15/24 (S) CRA RPT 3DP
03/15/24 (S) DP: DUNBAR, GRAY-JACKSON, BJORKMAN
03/25/24 (S) TRANSMITTED TO (H)
03/25/24 (S) VERSION: SB 256
03/27/24 (H) READ THE FIRST TIME - REFERRALS
03/27/24 (H) STA
04/09/24 (H) STA AT 3:00 PM GRUENBERG 120
04/09/24 (H) -- Rescheduled to 04/11/24 --
04/11/24 (H) STA AT 3:00 PM GRUENBERG 120
04/11/24 (H) -- MEETING CANCELED --
04/16/24 (H) STA AT 3:00 PM GRUENBERG 120
04/16/24 (H) <Bill Hearing Canceled>
04/23/24 (H) STA AT 3:00 PM GRUENBERG 120
BILL: HB 246
SHORT TITLE: VOTER PREREGISTRATION FOR MINORS
SPONSOR(s): STORY
01/16/24 (H) PREFILE RELEASED 1/8/24
01/16/24 (H) READ THE FIRST TIME - REFERRALS
01/16/24 (H) STA, JUD
04/09/24 (H) STA AT 3:00 PM GRUENBERG 120
04/09/24 (H) -- Rescheduled to 04/11/24 --
04/11/24 (H) STA AT 3:00 PM GRUENBERG 120
04/11/24 (H) -- MEETING CANCELED --
04/23/24 (H) STA AT 3:00 PM GRUENBERG 120
BILL: HB 379
SHORT TITLE: DUI DIVERSION PROGRAM
SPONSOR(s): PRAX
02/20/24 (H) READ THE FIRST TIME - REFERRALS
02/20/24 (H) STA, JUD
04/18/24 (H) STA AT 3:00 PM GRUENBERG 120
04/18/24 (H) -- MEETING CANCELED --
04/23/24 (H) STA AT 3:00 PM GRUENBERG 120
BILL: HB 278
SHORT TITLE: ADMIN. REGULATION REVIEW DIVISION
SPONSOR(s): WAYS & MEANS
01/18/24 (H) READ THE FIRST TIME - REFERRALS
01/18/24 (H) JUD, STA, FIN
03/13/24 (H) JUD AT 1:00 PM GRUENBERG 120
03/13/24 (H) Heard & Held
03/13/24 (H) MINUTE(JUD)
03/18/24 (H) JUD AT 1:00 PM GRUENBERG 120
03/18/24 (H) Moved HB 278 Out of Committee
03/18/24 (H) MINUTE(JUD)
03/20/24 (H) JUD RPT 3DP 3NR
03/20/24 (H) DP: CARPENTER, ALLARD, VANCE
03/20/24 (H) NR: C.JOHNSON, GRAY, GROH
04/18/24 (H) STA AT 3:00 PM GRUENBERG 120
04/18/24 (H) -- MEETING CANCELED --
04/23/24 (H) STA AT 3:00 PM GRUENBERG 120
BILL: HB 397
SHORT TITLE: ELIMINATE VACANT STATE POSITIONS
SPONSOR(s): STATE AFFAIRS
04/11/24 (H) READ THE FIRST TIME - REFERRALS
04/11/24 (H) STA
04/18/24 (H) STA AT 3:00 PM GRUENBERG 120
04/18/24 (H) -- MEETING CANCELED --
04/23/24 (H) STA AT 3:00 PM GRUENBERG 120
WITNESS REGISTER
JOE HAYES, Staff
Senator Scott Kawasaki
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented SB 256 on behalf of Senator
Kawasaki, prime sponsor.
BROOK LAVENDER, Care Services Coordinator
ALS Association
Girdwood, Alaska
POSITION STATEMENT: Gave invited testimony in support of SB
256.
MICHELLE FOLEY, representing self
Fairbanks, Alaska
POSITION STATEMENT: Gave invited testimony in support of SB
256.
KATHERYN DIETRICH, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of SB 256.
SENATOR SCOTT KAWASAKI
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor of SB 256, provided
further information about ALS.
AMY GALLOWAY
League of Women Voters Alaska
Fairbanks, Alaska
POSITION STATEMENT: Gave invited testimony in support of HB
246.
MARJORIE MENZI, Retired Educator
Juneau, Alaska
POSITION STATEMENT: Gave invited testimony in support of HB
246.
CAROL BEECHER, Director
Division of Elections
Office of the Lieutenant Governor
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
256.
THOMAS FLYNN, Assistant Attorney General
Department of Law
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
256.
REPRESENTATIVE MIKE PRAX
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, presented HB 379.
WILLIAM SATTERBERG, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified during the hearing on HB 379.
ERIC CORDERO, Staff
Representative Mike Prax
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
379 on behalf of Representative Prax, prime sponsor.
JOHN SKIDMORE, Deputy Attorney General
Criminal Division
Department of Law
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
379.
NANCY MEADE, General Counsel, Alaska Court System
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
379.
DONNA ARDUIN, Staff
Representative Ben Carpenter
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
278 on behalf of the sponsor, the House Special Committee on
Ways and Means, on which Representative Carpenter serves as
chair.
KENDRA BROUSSARD, Staff
Representative Ben Carpenter
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
397.
ACTION NARRATIVE
3:08:39 PM
CHAIR SHAW called the House State Affairs Standing Committee
meeting to order at 3:08 p.m. Representatives Wright,
Carpenter, Carrick, Story, and Shaw were present at the call to
order. Representative C. Johnson arrived as the meeting was in
progress.
SB 256-ESTABLISH ALS AWARENESS MONTH
3:09:51 PM
CHAIR SHAW announced that the first order of business would be
SENATE BILL NO. 256, "An Act establishing May as Amyotrophic
Lateral Sclerosis Awareness Month; and providing for an
effective date."
3:10:14 PM
The committee took a brief at-ease at 3:10 p.m.
3:10:42 PM
JOE HAYES, Staff, Senator Scott Kawasaki, Alaska State
Legislature, presented SB 256 on behalf of Senator Kawasaki,
prime sponsor. He read from the sponsor statement [included in
the committee packet], which read as follows [original
punctuation provided]:
The month of May is recognized as National ALS
Awareness Month. ALS is also known as Amyotrophic
Lateral Sclerosis or Lou Gehrig's disease. ALS was
first identified in 1869. In the 155 years since,
there is still no effective treatment and no cure.
ALS is a neurodegenerative disease that affects the
nerve cells in the brain and spinal cord that control
voluntary muscle movement and breathing. ALS is a 100%
fatal disease. There is no cure for ALS.
ALS is a rare disease, affecting approximately 5 in
100,000 people. Approximately 30,000 people in the
United States are currently living with ALS and
approximately 60 people in Alaska are currently living
with ALS. 90 % of patients diagnosed with ALS have no
family history of disease. Only 10% of patients have
familial/hereditary ALS.
ALS may strike at any age, but most people who have
ALS are between 40-70. There are currently only 3
medications that slow the progression of ALS, and one
medication that targets familial ALS specifically.
These medications only extend life expectancy by a few
months.
ALS causes the motor neurons in the central nervous
system to degenerate over time and die. This affects a
person's ability to talk, walk, and breathe. People
with ALS will eventually lose their ability to speak,
become paralyzed, and lose the ability to breath on
their own. ALS patients die from respiratory
failure.ponsor [sic]
The mean survival for someone diagnosed with ALS is
two to five years. Every 90 minutes someone is
diagnosed with ALS, and every 90 minutes someone dies
from it. Veterans are 1 ½ to 2 time more likely than
non-service members to be diagnosed with ALS. There is
no single test to diagnose ALS, it is diagnosed only
after numerous other conditions have been ruled out (a
delayed diagnosis results in delayed treatment/start
on medications). It can take a patient over a year to
get an ALS diagnosis.
ALS symptoms vary. In limb onset ALS, it may manifest
as weakness in a patient's hand or foot, arm or leg.
In bulbar onset ALS, it may manifest as trouble
speaking or swallowing. There currently is no known
cause of ALS. 100% of ALS patients are unaware of the
cause of their disease. Why is ALS Awareness month in
Alaska important?
ALS Awareness is important on numerous levels. Raising
awareness of this disease and the need for funding for
research to help discover a treatment that stops
progression of ALS (and hopefully one day a treatment
that will reverse the damage caused by ALS). Raising
awareness so more doctors are aware of ALS and its
symptoms, leading to an earlier diagnosis. Raising
awareness to increase funding for ALS care. Alaska
does not have a single neurologist who specializes in
ALS and does not have an ALS care clinic. ALS patients
in Alaska (who are not paralyzed yet by it and are
still able to travel) have to travel out of state
every three months to visit their ALS Care Clinic,
which is a team (consisting of a neurologist,
respiratory therapist, speech pathologist,
physical/occupational therapist, nutritionist) who
special in ALS care and work with patient on a care
plan to help manage ALS symptoms. Lastly, raising
awareness about what ALS is and shining a light on the
people who are battling this disease is important to
help bring understanding to the challenge.
3:14:29 PM
MR. HAYES gave the sectional analysis for SB 256 [included in
the committee packet], which read as follows [original
punctuation provided]:
"An act establishing May as Amyotrophic Lateral
Sclerosis Awareness month; and providing for an
effective date."
Section 1. Amends AS 44.12 to add a new section to
article 2 to read: Sec. 44.12.190 Amyotrophic Lateral
Awareness Month.
Section 2. Creates an immediate effective date under
AS 01.10.070(c).
3:15:01 PM
CHAIR SHAW announced the committee would hear invited testimony.
3:15:15 PM
BROOK LAVENDER, Care Services Coordinator, ALS Association, gave
invited testimony in support of SB 256, which would establish
May as the awareness month for ALS. She provided a background
on the disease and that she was impacted personally by ALS. She
said that living in Alaska, she wished to do her part in raising
awareness for the condition, and she provided backgrounds of
those close to her who battled the disease. She pointed out
pressing issues such as delays in diagnosis and how short the
disease duration is. There is also an absence of a
multidisciplinary clinic in the state, she said, and this void
compels those who are suffering from the disease to relocate
elsewhere. She said the bill presents a crucial opportunity to
address this pressing need and raise awareness in the state, and
it would honor the memory of those lost to ALS. She urged the
committee to support SB 256.
3:18:40 PM
MICHELLE FOLEY, representing self, thanked the committee for the
opportunity to testify in support of SB 256. She provided her
history from the time she was diagnosed with ALS. [Ms. Foley's
testimony is truncated because of poor audio quality.]
3:24:55 PM
CHAIR SHAW opened public testimony on SB 256.
3:25:06 PM
KATHERYN DIETRICH, representing self, testified in support of SB
256. She noted that she is good friends with the prior
testifier and witnessed the devastation ALS caused. She
stressed the importance of being able to hasten the diagnosis
and anything that can be done such as passing SB 256 would help
to raise awareness. She related that three acquaintances of
hers had ALS and that the disease can happen to anyone. She
expressed concern that even doctors are unaware of all the
symptoms to be able to diagnose it early. She urged the passing
of SB 256.
3:26:51 PM
CHAIR SHAW, after ascertaining no one else wished to testify,
closed public testimony on SB 256.
3:27:06 PM
SENATOR SCOTT KAWASAKI, Alaska State Legislature, as prime
sponsor of SB 256, offered closing comments and some facts about
ALS. He thanked the committee for hearing the proposed
legislation.
3:28:13 PM
REPRESENTATIVE WRIGHT moved to report SB 256 out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, SB 256 was reported out of the
House State Affairs Standing Committee.
3:28:39 PM
The committee took an at-ease from 3:28 p.m. to 3:31 p.m.
HB 246-VOTER PREREGISTRATION FOR MINORS
3:31:28 PM
CHAIR SHAW announced that the next order of business would be
HOUSE BILL NO. 246, "An Act relating to voter preregistration
for minors at least 16 years of age."
3:31:52 PM
REPRESENTATIVE STORY, as prime sponsor, presented HB 246. She
paraphrased the sponsor statement [included in the committee
packet], which read as follows [original punctuation provided]:
House Bill 246 would promote democracy in our next
generation of Alaskans by introducing high school
students to voter pre-registration before they turn 18
years old. Early voter registration has been proven to
heighten youth awareness of the importance of
exercising their right to vote in a working democracy,
not only for the students, but in their families and
communities. Dinner table discussions of our national,
state and local governing process and issues of the
day are vital to growing the next generation of
informed Alaskan voters.
HB 246 permits citizens who are at least 16 years old
to pre-register to vote. In accordance with existing
statute, they would then become eligible to be placed
on the voting rolls 90 days before their 18th
birthday. Current statute allows Alaskans who are 17
years old to be able to register to vote within 90
days of their 18th birthday. Starting this process at
16 years old expands the period of time in which young
Alaskans are aware of the electoral rights they will
have upon turning 18, so they have more opportunity to
develop the habits needed to be informed voters.
Twenty-three other states plus the District of
Columbia offer preregistration to 16 and 17-year olds.
Young voter participation has increased in these
states, a habit that will result in lifelong voters.
36.42% of Alaska's population (44.37% of registered
voters) cast ballots in the last general election.
This bill can bring that percentage up by building
awareness, at an early age, of the importance of
voting. This bill will also encourage families,
communities and educators to promote civic engagement
resulting in newfound focus and helping to ensure all
Alaskan eligible citizens register to vote.
I respectfully ask for support in the passage of HB
246
REPRESNTATIVE STORY added that there was a sectional analysis
included in the committee packet that could be read by her aide
at the will of the committee. Also in the packet, she related,
that there was a fiscal note and a state-by-state grid showing
which states honor similar legislation.
3:35:50 PM
CHAIR SHAW announced that the committee would move on to invited
testimony on HB 246.
3:36:04 PM
AMY GALLOWAY, League of Women Voters Alaska, gave invited
testimony in support of HB 246 and related that she was also a
high school civics and history teacher. She offered her belief
that the proposed legislation would be a powerful accessory to
increase informed youth voter turnout. She added that because
of the current age restriction, it is only a "trickle" of
student registration. She recognized that students need help
navigating the electoral process and why registration is
important to protect election integrity. She noted a common
question is asking the meaning of political affiliation, to
which she encouraged the students to talk to their families.
Schools are the perfect place to teach students how to pre-
register to vote, and teachers can provide options to students
along with civics lessons, she said, making learning more
relevant. If one votes, she opined, they will likely keep
voting. She offered her availability to the committee to answer
questions.
3:40:56 PM
MARJORIE MENZI, Retired Educator, gave invited testimony in
support of HB 246. She highlighted her involvement in
activities related to civics and government that spoke to the
importance of involving young people in their civic
responsibilities at an early age. She shared her experiences of
having parents who were involved in community issues, and she
acknowledged that not all children have that experience;
therefore, they rely on schools to help develop good, informed
citizens. She opined that the earlier this education starts,
the better. She spoke to various programs that highlight the
important work and that students can be part of the process by
voting as adults. She noted that by lowering the
preregistration age, schools can be proactive in organizations,
such as the League of Women Voters, and make the registration
process more relevant to the students. She encouraged the
committee to consider that a 14-year-old can obtain a learner's
driving permit, so allowing students at sixteen years of age to
preregister to vote is a safe and meaningful responsibility.
3:46:26 PM
REPRESENTATIVE C. JOHNSON pointed to the difficulties in
maintaining voter rolls and questioned how students would be
treated on a voter roll as a non-voter. He further expressed a
concern about sixteen-year olds' information being exposed due
to voting records being public.
3:47:30 PM
CAROL BEECHER, Director, Division of Elections, Office of the
Lieutenant Governor, responded that the Division of Elections
had not figured out the workings of this yet, and she explained
that the systems would have to be programmed to trigger the
sending of the voter card within 90 days of the person turning
18.
3:49:26 PM
THOMAS FLYNN, Assistant Attorney General, Department of Law, in
response to a follow up question by Representative C. Johnson,
he offered his belief that it sounded more like a policy
question rather than a legal one. Certain parts available
online are confidential, he said, such as residential address,
but under existing law other parts would not be.
REPRESENTATIVE C. JOHNSON referred to the permanent fund
dividend (PFD) registration form as an example.
3:50:38 PM
MS. BEECHER explained that the current process of applying for
the PFD is if the individual notes that they are 18, then they
are automatically registered. If the individual is under 18,
they would not be automatically registered to vote, she
confirmed.
3:51:19 PM
REPRESENTATIVE STORY offered closing comments. She said she
sought to look into other states who have allowed students to
pre-register to vote and how those states have handled privacy
issues. She further noted a companion bill in the Senate that
she said complemented the civics education bill forthcoming.
3:51:56 PM
CHAIR SHAW announced HB 246 was held over.
HB 379-DUI DIVERSION PROGRAM
3:52:02 PM
CHAIR SHAW announced that the next order of business would be
HOUSE BILL NO. 379, "An Act establishing the driving while under
the influence diversion program for eligible persons charged
with driving while under the influence; relating to judgment for
restitution; relating to suspended imposition of sentence;
relating to records kept by the Department of Administration;
relating to operating a vehicle, aircraft, or watercraft while
under the influence of an alcoholic beverage, inhalant, or
controlled substance; amending Rule 9, Alaska Rules of
Administration, and Rule 39, Alaska Rules of Criminal Procedure;
and providing for an effective date."
3:52:31 PM
REPRESENTATIVE MIKE PRAX, Alaska State Legislature, as prime
sponsor, presented HB 379. He paraphrased the sponsor statement
[included in the committee packet], which read as follows
[original punctuation provided]:
House Bill 379 aims to establish a DUI Diversion
Program. Diversion programs are intended to provide a
framework to reduce recidivism rates. By participating
in the program and waiving certain rights, successful
defendants may avoid the most onerous consequences of
a DUI conviction, such as license suspensions, jail
time, and large fines and expensive insurance rates
for high-risk drivers. The prosecution also obtains
benefits. These include the option to resume
prosecution if the defendant fails to follow the
program's requirements and a significant streamlining
of the prosecution and Alaska Court System's trial
caseload.
HB379 is modeled after an Oregon program set forth in
Oregon Revised Statutes §§ 813.200 to 813.270. This
program allows first DUI offenders in simple DUI
cases, not involving other charges or Commercial
Driver's License (CDL) issues, to seek entry into a
diversion program. If they complete the program's
requirements, their DUI conviction is dismissed. In
the past, various district attorney offices have
responded that they have the discretion to offer
pretrial diversion in DUI cases. Although
theoretically true, it rarely happens from a practical
perspective.
To qualify under the program set by HB379, defendants
must meet several criteria, applicable only to first-
time offenders charged with a simple DUI: no prior or
pending DUI charges, no other pending criminal charges
involved in the incident, no pending or (within 15
years) prior DUI diversion programs, not holding a
CDL, nor driving commercial motor vehicles, at the
time of the incident, and no assault or homicide
charges involving the defendant's operation of a motor
vehicle.
The program requires any defendant eligible for the
DUI diversion program to file a petition, together
with a $490 filing fee, and to request admission to
the program, following established deadlines. The
defendant must then complete a screening interview to
assess any alcohol or substance abuse problems and
follow through with any treatment program indicated by
the screening interview. They must agree not to use
alcoholic beverages, inhalants, or controlled
substances during the program and acknowledge that
committing an offense during the program will result
in a violation of the agreement. It is mandatory to
pay attorney fees and restitution if ordered by the
court.
Alaska's Therapeutic Courts are successful and have
shown that rehabilitation programs work. DUI Diversion
Programs have been successful in other states.
Implementing a similar program in our state would
bring significant benefits. These programs save court
resources and participants have an avenue for
addressing the root causes of the offense.
3:55:52 PM
CHAIR SHAW opened public testimony on HB 379.
3:56:05 PM
WILLIAM SATTERBERG, representing self, testified during the
hearing on HB 379 and provided his background in law. He said
that recently, the amount of driving under the influence (DUI)
cases has become apparent along with other cases such as
domestic abuse, but DUI cases are "tremendous." He noted 165
cases are set to go to trial next week in Fairbanks, and there
are only 3 district court judges to deal with these cases. He
opined that the system is "jammed," and that of the DUIs, most
are first-time offenders. He related experiences in Oregon and
that many first-time offenders never offend again; they "get the
message." He offered his belief that the statute would
alleviate the clogs in the court system, the district attorney
(DA) system, and public defenders. He stressed the importance
of rehabilitation taking priority over money. He said he pushed
for this statute for over four years and that he appreciated
Representative Prax bringing the legislation to the table.
4:03:01 PM
CHAIR SHAW, after ascertaining no one else wished to testify,
closed public testimony on HB 379.
4:03:11 PM
REPRESENTATIVE PRAX acknowledged Mr. Satterberg's thorough
coverage of the proposed legislation.
4:03:32 PM
REPRESENTATIVE CARPENTER asked what would happen to individuals
who receive a second DUI but have already completed the
diversion program.
REPRESENTATIVE PRAX answered that there would be a harsher
sentence the second time.
4:04:11 PM
ERIC CORDERO, Staff, Representative Mike Prax, Alaska State
Legislature, on behalf of Representative Prax, prime sponsor of
HB 379, explained there is a limitation of 15 years; and a
first-time offender cannot be a participant in a program
currently or a similar program in fifteen years.
4:05:20 PM
JOHN SKIDMORE, Deputy Attorney General, Criminal Division,
Department of Law, answered questions during the hearing on HB
379. He addressed Representative Carpenter and communicated
that he could refer to Section 9 on page 9 of the bill for
clarification. He further expounded on the diversion program
and, having a second DUI, that individual would still need to be
sentenced but would not be subject to the mandatory minimums.
He noted bill drafting issues and the policy call that the
legislature may wish to make.
REPRESENTATIVE CARPENTER summarized that the mandatory minimums
would not apply to a first- or second-time DUI recipient.
MR. SKIDMORE clarified that after successfully completing the
program, the mandatory minimum framework does not apply to the
individual.
4:07:36 PM
REPRESENTATIVE STORY asked whether Mr. Skidmore was suggesting
there should be amendments to the bill to reinstate the
penalties and follow current statute.
MR. SKIDMORE replied yes, if the legislature's intent was to
have mandatory minimums applied, then there would need to be
amendments.
4:09:04 PM
REPRESENTATIVE CARRICK asked questions of Nancy Meade. She
expressed confusion over the mandatory minimums, and the
situation when one goes through a diversion program but commits
a second DUI offense.
4:10:11 PM
NANCY MEADE, General Counsel, Alaska Court System, addressed
Representative Carrick and as previously stated, noted there
were drafting issues in the bill on page 9. She suggested that
Mr. Skidmore could explain the wording on lines 9 and 10,
because where it fits was not "terribly clear."
REPRESENTATIVE CARRICK asked the bill sponsor where the $490
filing fee came from, and she noted the up-front cost of a
mandatory minimum first time DUI being $1,800. She questioned
the overall cost of the infraction.
4:12:54 PM
REPRESENTATIVE PRAX answered that the body would have to think
about whether that is a significant enough barrier to discourage
people or not. He added that it was a reasonable compromise
being the cost of a first-time DUI conviction.
4:13:54 PM
REPRESENTATIVE CARPENTER asked Mr. Skidmore whether there would
be a legal problem with a higher penalty for a second offense
than if someone did not complete the diversion program.
MR. SKIDMORE responded that was an interesting question and he
would pursue it.
4:16:20 PM
MS. MEADE added that the legislature could write a statute
addressing a second DUI and mandatory minimums.
4:17:01 PM
REPRESENTATIVE CARRICK requested more information from the bill
sponsor on other states that have enacted something similar
surrounding a DUI diversion program and the requirements
involved.
REPRESENTATIVE PRAX responded that he would research the data.
4:18:08 PM
REPRESENTATIVE STORY commented that she was still trying to
understand how the program would work and referred to comments
from an invited testifier. She expressed her confusion on how
the convictions work in relation to the diversion program.
REPRESENTATIVE PRAX deferred the inquiry to Ms. Meade.
4:19:15 PM
MS. MEADE drew attention to the word "shall" on page 11 in
reference to first-time offenders. The prosecutor could object
or agree, then the court would decide whether the person was an
appropriate candidate for the program. She further expounded on
how the process would affect the offender's record within a
timeline.
4:21:39 PM
REPRESENTATIVE CARPENTER sought clarity on how the bill is
currently drafted in reference to the word "shall".
MS. MEADE pointed out on page 11, line 26, that the person
"shall" file the petition. She added that the verbiage could be
modified later.
4:22:13 PM
REPRESENTATIVE CARRICK expressed her interest in the bill and
asked Ms. Meade for an example where the term "suspended entry
of judgement" was used.
MS. MEADE replied that the suspended entry of judgement (SEJ)
disallows that type of resolution for certain case types such as
violent ones that would not be eligible by statute. It is used
for drugs, theft, and a number of things, she said.
4:23:55 PM
REPRESENTATIVE C. JOHNSON questioned whether Alaska had the
bandwidth or capability, where there are not many treatment
programs, to be able to offer such a program to the multitude of
people that would take advantage of it.
MS. MEADE clarified that the bill allowed for an extension, and
she referenced page 16, line 16. She offered a scenario where
it could be determined after screening that a person does not
need treatment. She further explained that according to the
bill, the individual must follow the recommendations of the
screener. She agreed with the statement about the lack of
resources in the state.
4:28:21 PM
CHAIR SHAW, considering the depth of conversation, foresaw many
amendments that the committee would work through at a later
date.
4:28:50 PM
REPRESENTATIVE PRAX expressed his appreciation of the
perspective given from the invited testifiers.
4:29:03 PM
CHAIR SHAW announced that HB 379 was held over.
HB 278-ADMIN. REGULATION REVIEW DIVISION
4:29:11 PM
CHAIR SHAW announced that the next order of business would be
HOUSE BILL NO. 278, "An Act establishing the administrative
regulation review division."
4:29:58 PM
REPRESENTATIVE CARPENTER presented HB 278 on behalf of the bill
sponsor, the House Special Committee on Ways and Means, on which
Representative Carpenter serves as chair. He paraphrased the
sponsor statement [included in the committee packet], which read
as follows [original punctuation provided]:
According to the Bureau of Economic Analysis, Alaska's
economic growth is the worst in the nation. It is
imperative that we grow the private economy. One way
to do this is by decreasing the high regulatory burden
Alaskan's have when doing business.
In current law, AS 44.62 (Administrative Procedures
Act) allows for the Governor or Lieutenant Governor's
review of regulations, requires the Department of Law
to advise agencies on regulations, and requires public
notice and public comment. There is no specific
requirement for Legislative review of proposed
regulations, nor any action that the Legislature can
take on them. Also included in As. 44.62, government
corporations are exempt from the Administrative
Procedures Act.
HB 278 would establish an Administrative Regulation
Review Division, a vital mechanism to ensure
transparency, accountability, and efficiency in the
regulatory process within the State of Alaska. It also
Removes the Government corporations' exemptions from
regulatory review from law.
The Administrative Regulation Review Division will
serve as a permanent staff agency under the oversight
of the Legislative Budget and Audit Committee. Its
primary function is to facilitate thorough legislative
review of administrative regulations filed by the
Lieutenant Governor. This will be achieved through
comprehensive assessment of proposed regulations,
ensuring alignment with legislative intent, statutory
authority, and consistency with applicable laws.
The administrative regulation review division will be
tasked with several key responsibilities: 1. Reviewing
all administrative regulations to ensure they properly
implement legislative intent. 2. Providing comments
and recommendations to the governor and state agencies
on proposed regulations. 3. Investigating findings
transmited [sic] by standing commitees [sic] regarding
regulations inconsistent with legislative intent. 4.
Promoting needed amendments or repeals of regulations
deemed inappropriate or outdated. 5. Recommending
legislative action to annul regulations found to be
inconsistent with legislative intent.
Furthermore, the Division will have the authority to
examine all administrative regulations, including
proposed adoptions, amendments, or orders of repeal.
It will provide expert commentary and recommendations
to the governor and state agencies, promoting
necessary amendments or repeals when regulations
deviate from legislative intent or fail to meet
statutory standards.
HB 278 aims to simplify regulatory compliance process,
ensure regulatory compliance with legislative intent,
and provide a mechanism for continuous improvement in
our regulatory framework. This will in turn create a
better business environment for our State.
4:34:59 PM
REPRESENTATIVE CARRICK asked about the perspective surrounding
the fiscal note for HB 278.
REPRESENTATIVE CARPENTER replied that the analysis did not take
into consideration the cost savings of regulatory review. He
said the review is not happening now; therefore, it is difficult
to judge what the cost savings would be. Speaking to the fiscal
note and its continuity would require permanent staff, he said.
4:37:58 PM
DONNA ARDUIN, Staff, Representative Ben Carpenter, Alaska State
Legislature, answered questioned during the hearing on HB 278 on
behalf of the sponsor, the House Special Committee on Ways and
Means, on which Representative Carpenter serves as chair. She
explained that regulations are a delegation of law making, and
more money is spent making laws than delegating them to
departments. She said that Representative Carpenter recommended
that the legislative branch should further review laws made by
the executive branch.
REPRESENTATIVE CARRICK expressed curiosity as to why
constituents were being excluded from this legislation, and
whether there was a sense of what it would cost to provide some
additional review and oversite of state corporations.
REPRESENTATIVE CARPENTER confirmed that the bill would remove
the exclusion.
4:39:32 PM
REPRESENTATIVE STORY questioned whether consideration was given
to look at areas where the regulatory burden was high.
REPRESENTATIVE CARPENTER replied yes, there was consideration,
but the next budget and audit chair may have a different
approach over time.
REPRESENTATIVE STORY noticed two different fiscal notes with the
bill, and she observed that the governor's fiscal note was zero
cost. She asked what the governor's staff would be doing.
REPRESENTATIVE CARPENTER asked for clarification that they were
referring to the same control code on the bottom right page.
REPRESENTATIVE STORY clarified she was referring to the
"statement of zero fiscal impact" that was behind the fiscal
note.
REPRESENTATIVE CARPENTER answered that the division being
created was not being created in the executive branch but in the
legislative branch; therefore, there would not be a fiscal
impact.
4:43:37 PM
CHAIR SHAW announced that HB 278 was held over.
HB 397-ELIMINATE VACANT STATE POSITIONS
4:43:46 PM
CHAIR SHAW announced that the final order of business would be
HOUSE BILL NO. 397, "An Act relating to eliminating vacant
positions in the classified and partially exempt service of the
state; and providing for an effective date."
4:43:59 PM
REPRESENTATIVE CARPENTER, as prime sponsor, presented HB 397.
He paraphrased the sponsor statement [included in the committee
packet], which read as follows [original punctuation provided]:
The proposed amendment to AS 39.25 establishes a
mechanism for the elimination of vacant positions
within the classified or partially exempt service. By
requiring the director of personnel to identify and
eliminate such positions annually, we aim to ensure
that our state government operates efficiently and
effectively, while giving transparency in the budget
process.
House Bill 397 directs the Department of
Administration's Director of Personnel to eliminate
all unfilled positions in the classified or partially
exempt service that have been open for over 364 days.
Certain circumstances are exempted from the vacancy
criteria, such as positions that have been occupied at
any time during the preceding 364 days, those hired to
fill the position even if employment begins in the
following fiscal year, and individuals eligible to
return to the position under AS 39.25.158.
House Bill 397 will eliminate vacant positions,
streamline operations, and provide transparency in the
Budget process. House Bill 397 will also enable us to
redirect resources towards priority areas such as
public services and infrastructure development.
4:46:35 PM
REPRESENTATIVE STORY noted the length of time it took to obtain
an authorization for a position, as well as the recruitment
process, and she asked the bill sponsor if he had conversations
with different departments about the effect of the proposed
legislation.
REPRESENTATIVE CARPENTER responded that he was confident that
the managers put in place - when they do not have the positions
they think they need but cannot be filled - will come back to
the legislature to ask for the ones they actually need. If
there are processes that need to be revised in the way hiring is
done, the managers will engage in that due to having no choice.
He stressed that he is not going after money, but to improve
government so it is more transparent and less costly.
REPRESENTATIVE STORY spoke to high staff shortages and vacancy
rates, and she reiterated the importance of talking to the
different departments.
REPRESENTATIVE CARPENTER said that "it is just a policy call" on
the legislature being that it created the departments and there
are expectations that the departments are doing the right thing.
4:50:08 PM
REPRESENTATIVE CARRICK expressed that she shared some of
Representative Story's concerns and questioned the process for
creating new positions.
REPRESENTATIVE CARPENTER responded that positions must be funded
through the budget process and there are allocations assigned to
each department for positions. He offered his belief that the
legislature has to appropriate and create positions for each
department. He further expounded on the process and time it may
take to hire people.
REPRESENTATIVE CARRICK commented that her concern is that the
fiscal year begins but the next day the position is eliminated
because it was vacant, but an applicant came forth. She further
commented on balancing the idea of transparency with the ability
for the legislature to be responsive to filling positions when
there is an actual need for positions.
REPRESENTATIVE CARPENTER said he agreed but there should be a
communication from the organization to the department that says
the position is needed and the intent is to actively recruit for
it. He noted that all the state jobs should be advertised, yet
they do not match the vacancy for each department; therefore,
the process is not working currently with the amount of money
being spent.
4:55:03 PM
KENDRA BROUSSARD, Staff, Representative Ben Carpenter, Alaska
State Legislature, on behalf of Representative Carpenter, prime
sponsor of HB 397, added that when a department has a request
for a position, it goes to the Office of Management and Budget
(OMB). She further offered to research step by step procedures
in how positions are created, and she would reach out to the
committee with the answer.
4:55:42 PM
CHAIR SHAW announced that HB 397 was held over.
4:56:10 PM
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 4:56
p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Sponsor Statement SB 256.pdf |
HSTA 4/11/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM SCRA 3/12/2024 1:30:00 PM |
SB 256 |
| SB 256 Sectional Analysis.pdf |
HSTA 4/11/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM SCRA 3/12/2024 1:30:00 PM |
SB 256 |
| SB0256A.pdf |
HSTA 4/23/2024 3:00:00 PM SCRA 3/12/2024 1:30:00 PM |
SB 256 |
| SB 256 Fiscal Note OMB 3.8.2024.pdf |
HSTA 4/11/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM SCRA 3/12/2024 1:30:00 PM |
SB 256 |
| HB 246 Sectional Analysis 01.31.24.pdf |
HSTA 4/9/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 246 |
| HB 246 Fiscal Note GOV.pdf |
HSTA 4/11/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 246 |
| HB 246 Letter of Support - A. Gallaway letter of support.pdf |
HSTA 4/11/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 246 |
| HB 246 Letter of Support - AASG letter of support.pdf |
HSTA 4/11/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 246 |
| HB 246 Letter of Support - League-of-Women-Voters 01.31.24.pdf |
HSTA 4/11/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 246 |
| HB 246 Support Document - ACS-Louisiana-Voting-Laws 01.31.24.pdf |
HSTA 4/11/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 246 |
| HB 246 Support Document - Division of Elections 01.31.24.pdf |
HSTA 4/11/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 246 |
| HB 246 Support Document - Impact-of-Voting-Laws-on-Youth-Turnout-and-Registration 01.31.24.pdf |
HSTA 4/11/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 246 |
| HB 246 Support Document - NCSL-Preregistration-for-Young-Voters 01.31.24.pdf |
HSTA 4/11/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 246 |
| HB 246 Support Document - State-by-State-Youth-Voter-Turnout-Data-2022 01.31.24.pdf |
HSTA 4/11/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 246 |
| HB 246 Support Document - State-of-Alaska-Voter-Registration-Application 01.31.24.pdf |
HSTA 4/11/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 246 |
| HB 379 Fiscal Note DCCED.pdf |
HSTA 4/18/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 379 |
| HB 379 Fiscal Note Law.pdf |
HSTA 4/18/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 379 |
| HB 379 Fiscal Note DOA.pdf |
HSTA 4/18/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 379 |
| HB0379A.pdf |
HSTA 4/18/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 379 |
| HB379 Backup Document About DUI Alaska Court System.pdf |
HSTA 4/18/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 379 |
| HB379 Backup Document Oregon Court UII Diversion.pdf |
HSTA 4/18/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 379 |
| HB379 Backup Document State of Oregon DUII Diversion Petition Agreement.pdf |
HSTA 4/18/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 379 |
| HB379 Sectional Analysis.pdf |
HSTA 4/18/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 379 |
| HB379 Sponsor Statement.pdf |
HSTA 4/18/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 379 |
| HB 278 - Sponsor Statement.pdf |
HJUD 3/13/2024 1:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 278 |
| HB 278 - v.A.pdf |
HJUD 3/13/2024 1:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 278 |
| HB 278 - Sectional Analysis.pdf |
HJUD 3/13/2024 1:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 278 |
| HB 278 - Statement of Zero Fiscal Impact.pdf |
HJUD 3/13/2024 1:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 278 |
| HB 278 Supporting Document Statutes Requiring Use of APA.pdf |
HSTA 4/18/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 278 |
| HB 278 Sectional analysis - Ver. B.pdf |
HSTA 4/18/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 278 |
| HB 278 Supporting Document Statutes Exempting Use of APA.pdf |
HSTA 4/18/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 278 |
| HB 278 Sponsor Statement - Ver. B.pdf |
HSTA 4/18/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 278 |
| HB278 Fiscal Note Legislature.pdf |
HSTA 4/18/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 278 |
| HB 397 Fiscal Note DOA.pdf |
HSTA 4/18/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM HSTA 4/30/2024 3:00:00 PM HSTA 5/2/2024 3:00:00 PM |
HB 397 |
| HB 397 Sectional Analysis v. A 4.11.2024.pdf |
HSTA 4/18/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM HSTA 4/30/2024 3:00:00 PM HSTA 5/2/2024 3:00:00 PM |
HB 397 |
| HB 397 Sponser Statement v. A 4.11.2024.pdf |
HSTA 4/18/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM HSTA 4/30/2024 3:00:00 PM HSTA 5/2/2024 3:00:00 PM |
HB 397 |
| HB 397 v. A 4.11.2024.pdf |
HSTA 4/18/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM HSTA 4/30/2024 3:00:00 PM HSTA 5/2/2024 3:00:00 PM |
HB 397 |
| HB 246 Sponsor Statement 04.15.2024.pdf |
HSTA 4/23/2024 3:00:00 PM |
HB 246 |