03/26/2015 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB35 | |
| SJR15 | |
| SCR4 | |
| SB22 | |
| HB93 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | SJR 15 | TELECONFERENCED | |
| += | SCR 4 | TELECONFERENCED | |
| HB 93 | |||
| += | SJR 3 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 35 | TELECONFERENCED | |
| += | SB 22 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
March 26, 2015
9:01 a.m.
MEMBERS PRESENT
Senator Bill Stoltze, Chair
Senator John Coghill, Vice Chair
Senator Charlie Huggins
Senator Lesil McGuire
Senator Bill Wielechowski
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 35(STA)
"An Act establishing March 27 as Great Alaska Good Friday
Earthquake Remembrance Day."
- MOVED CSHB 35(STA) OUT OF COMMITTEE
SENATE JOINT RESOLUTION NO. 15
Making application to the United States Congress to call a
convention of the states to propose a countermand amendment to
the Constitution of the United States as provided under art. V,
Constitution of the United States; and urging the legislatures
of the other 49 states to make the same application.
- MOVED SJR 15 OUT OF COMMITTEE
SENATE CONCURRENT RESOLUTION NO. 4
Relating to the duties of delegates selected by the legislature
to attend a convention of the states called under art. V,
Constitution of the United States, to consider a countermand
amendment to the Constitution of the United States; establishing
as a joint committee of the legislature the Delegate Credential
Committee and relating to the duties of the committee; providing
for an oath for delegates and alternates to a countermand
amendment convention; providing for a chair and assistant chair
of the state's countermand amendment delegation; providing for
the duties of the chair and assistant chair; providing
instructions for the selection of a convention president; and
providing specific language for the countermand amendment on
which the state's convention delegates are authorized by the
legislature to vote to approve.
- MOVED SCR 4 OUT OF COMMITTEE
SENATE BILL NO. 22
"An Act relating to the collection costs for the municipal motor
vehicle registration tax; and providing for an effective date."
- MOVED SB 22 OUT OF COMMITTEE
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 93(STA)
"An Act relating to the duties of probation officers; and
relating to conditions of parole."
- HEARD & HELD
SENATE JOINT RESOLUTION NO. 3
Proposing amendments to the Constitution of the State of Alaska
to increase the number of members on the judicial council;
relating to the initial terms of new members appointed to the
judicial council; and relating to the confirmation of members of
the judicial council.
- MOVED SJR 3 OUT OF COMMITTEE ON 3/24/15
PREVIOUS COMMITTEE ACTION
BILL: HB 35
SHORT TITLE: MARCH 27: GREAT ALASKA EARTHQUAKE DAY
SPONSOR(s): REPRESENTATIVE(s) MILLETT
01/21/15 (H) PREFILE RELEASED 1/9/15
01/21/15 (H) READ THE FIRST TIME - REFERRALS
01/21/15 (H) STA
02/05/15 (H) STA AT 8:00 AM CAPITOL 106
02/05/15 (H) Moved CSHB 35(STA) Out of Committee
02/05/15 (H) MINUTE(STA)
02/06/15 (H) STA RPT CS(STA) NT 6DP
02/06/15 (H) DP: TALERICO, STUTES, KELLER,
GRUENBERG, KREISS-TOMKINS, LYNN
02/20/15 (H) TRANSMITTED TO (S)
02/20/15 (H) VERSION: CSHB 35(STA)
02/23/15 (S) READ THE FIRST TIME - REFERRALS
02/23/15 (S) STA
03/24/15 (S) STA AT 8:30 AM BUTROVICH 205
03/24/15 (S) Scheduled but Not Heard
03/26/15 (S) STA AT 9:00 AM BUTROVICH 205
BILL: SJR 15
SHORT TITLE: CALL FOR US COUNTERMAND CONVENTION
SPONSOR(s): SENATOR(s) STOLTZE
02/13/15 (S) READ THE FIRST TIME - REFERRALS
02/13/15 (S) STA, JUD
03/17/15 (S) STA AT 9:00 AM BUTROVICH 205
03/17/15 (S) Heard & Held
03/17/15 (S) MINUTE(STA)
03/19/15 (S) STA AT 9:00 AM BUTROVICH 205
03/19/15 (S) Heard & Held
03/19/15 (S) MINUTE(STA)
03/26/15 (S) STA AT 9:00 AM BUTROVICH 205
BILL: SCR 4
SHORT TITLE: US COUNTERMAND CONVENTION DELEGATES
SPONSOR(s): SENATOR(s) STOLTZE
02/13/15 (S) READ THE FIRST TIME - REFERRALS
02/13/15 (S) STA, JUD, FIN
03/17/15 (S) STA AT 9:00 AM BUTROVICH 205
03/17/15 (S) Heard & Held
03/17/15 (S) MINUTE(STA)
03/19/15 (S) STA AT 9:00 AM BUTROVICH 205
03/19/15 (S) Heard & Held
03/19/15 (S) MINUTE(STA)
03/26/15 (S) STA AT 9:00 AM BUTROVICH 205
BILL: SB 22
SHORT TITLE: MOTOR VEHICLE REG. TAX: COLLECTION COSTS
SPONSOR(s): SENATOR(s) GIESSEL
01/21/15 (S) READ THE FIRST TIME - REFERRALS
01/21/15 (S) CRA, STA, FIN
02/10/15 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
02/10/15 (S) Heard & Held
02/10/15 (S) MINUTE(CRA)
03/17/15 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
03/17/15 (S) Moved SB 22 Out of Committee
03/17/15 (S) MINUTE(CRA)
03/18/15 (S) CRA RPT 1DP 3NR
03/18/15 (S) DP: EGAN
03/18/15 (S) NR: BISHOP, MACKINNON, STEDMAN
03/24/15 (S) STA AT 8:30 AM BUTROVICH 205
03/24/15 (S) Scheduled but Not Heard
03/26/15 (S) STA AT 9:00 AM BUTROVICH 205
BILL: HB 93
SHORT TITLE: PROBATION AND PAROLE: WORK, TRAVEL ACCOM.
SPONSOR(s): REPRESENTATIVE(s) TILTON
01/30/15 (H) READ THE FIRST TIME - REFERRALS
01/30/15 (H) STA
02/17/15 (H) STA AT 8:00 AM CAPITOL 106
02/17/15 (H) Moved CSHB 93(STA) Out of Committee
02/17/15 (H) MINUTE(STA)
02/19/15 (H) STA AT 8:00 AM CAPITOL 106
02/19/15 (H) Moved CSHB 93(STA) Out of Committee
02/19/15 (H) MINUTE(STA)
02/20/15 (H) STA RPT CS(STA) 5DP
02/20/15 (H) DP: TALERICO, STUTES, KELLER, KREISS-
TOMKINS, LYNN
02/27/15 (H) TRANSMITTED TO (S)
02/27/15 (H) VERSION: CSHB 93(STA)
03/02/15 (S) READ THE FIRST TIME - REFERRALS
03/02/15 (S) STA, JUD
03/26/15 (S) STA AT 9:00 AM BUTROVICH 205
WITNESS REGISTER
JEFF TURNER, Staff
Representative Charisse Millet
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided an overview of HB 35.
STEVE S. MASTERMAN, Director
Division of Geological & Geophysical Surveys
Alaska Department of Resources
Fairbanks, Alaska
POSITION STATEMENT: Supports HB35.
CHUCK VOLANTI, representing himself
Olympia, Washington
POSITION STATEMENT: Supports HB 35.
MIKE COONS, National Director
Citizen Initiatives
Palmer, Alaska
POSITION STATEMENT: Supports SJR 15.
FORREST WOLFE, Staff
Senator Cathy Giessel
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided an overview of SB 22.
AMY ERICKSON, Director
Division of Motor Vehicles
Alaska Department of Administration
Anchorage, Alaska
POSITION STATEMENT: Answered questions regarding SB 22.
DANIEL MOORE, City Treasurer
Municipality of Anchorage
Anchorage, Alaska
POSITION STATEMENT: Supports SB 22.
REPRESENTATIVE CATHY TILTON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of HB 93.
CARRIE BELDEN, Director
Probation & Parole
Alaska Department of Corrections
Anchorage, Alaska
POSITION STATEMENT: Supports HB 93.
SHERRIE DAIGLE, Special Assistant to Commissioner Taylor
Alaska Department of Corrections
Juneau, Alaska
POSITION STATEMENT: Addressed questions regarding HB 93.
ACTION NARRATIVE
9:01:11 AM
CHAIR BILL STOLTZE called the Senate State Affairs Standing
Committee meeting to order at 9:01 a.m. Present at the call to
order were Senators Coghill, Huggins, and Chair Stoltze.
HB 35-MARCH 27: GREAT ALASKA EARTHQUAKE DAY
9:01:39 AM
CHAIR STOLTZE announced the consideration of HB 35. [CSHB
35(STA) was before the committee.]
9:01:48 AM
JEFF TURNER, Staff, Representative Charisse Millet, Alaska State
Legislature, Juneau, Alaska, introduced HB 35 reading from the
following sponsor statement:
On March 27, 1964, Southcentral Alaska was torn apart
as many of you know by a 9.2 magnitude earthquake; it
devastated 50,000 square miles of Southcentral Alaska,
leveled entire communities, and trigged massive
tsunamis that brought even more devastation to coastal
areas.
What HB 35 does is recognize a great disaster and how
it brought out the best of all Alaskans by
establishing March 27 as Great Alaska Good Friday
Earthquake Remembrance Day. The purpose of the bill is
not to highlight the quake necessarily, but to honor
the thousands of Alaskans who put the needs of others
before their own needs: first responders, medical
personnel, the Alaska Army and Air National Guard, the
U.S. Core of Engineers, government employees, even ham
radio operators were joined by everyday Alaskans to
conduct search and rescue operations, provide medical
care, food, shelter, and the restoration of vital
infrastructure and services; it was their selfless
determination that saved unknown numbers of lives and
rebuilt Southcentral communities before the return of
winter.
The 1964 earthquake was also a watershed moment in the
fields of geology, earth science, and more; it was a
big part of what led to the creation of the Federal
Emergency Management Agency, also known as FEMA, in
1979.
This legislation means communities and civic groups
can hold ceremonies around the state to mark a day
that changed state history and it also directs the
Governor to issue an annual proclamation commemorating
Great Alaska Good Friday Earthquake Remembrance Day
and to fly the state flag at half-mast; it also
reminds Alaskans about the importance of building and
designing safer structures, which a couple of our
invited testifiers can speak to today. Representative
Millet respectively asks for the committee's support
for the legislation.
9:04:35 AM
STEVE S. MASTERMAN, Director, Division of Geological &
Geophysical Surveys, Alaska Department of Resources, Fairbanks,
Alaska, announced that the division supports HB 35. He said the
Division of Geological & Geophysical Surveys feels it is
important to remember those people who gave their lives in the
Great Alaska Earthquake disaster. He added that having a day on
the calendar to remind people of the significance and danger of
earthquakes in Alaska was important as well. He noted that the
Remembrance Day calls attention to a need to build
infrastructures and buildings that withstand the potential
effects of a future earthquake as well as designing and planning
Alaska communities to be resilient to earthquakes and tsunamis.
9:06:04 AM
CHUCK VOLANTI, representing himself, Olympia, Washington,
recalled the events on the day of the earthquake in 1964 when on
duty for the Alaska National Guard in Anchorage. He noted that
as devastating and ravaging as the earthquake and tsunamis were,
the cornerstone remains the people of Alaska and how they
rallied together without hesitation. He said first-responders
from all walks of life came together and formed the largest
humanitarian relief contingent in state history. He summarized
that what Alaskans of today enjoy is because they stand on the
shoulders of those giants of the past; their selfless sacrifice
paid honor to the future and now it is up to Alaskans to pay
honor to those of the past.
9:06:43 AM
SENATOR MCGUIRE joined the committee meeting.
9:09:26 AM
CHAIR STOLTZE thanked Mr. Volanti for his diligence and efforts
in helping memorize the event.
9:10:17 AM
CHAIR STOLTZE closed public testimony.
9:10:35 AM
SENATOR MCGUIRE moved to report the CS for HB 35 from committee
with individual recommendations and attached fiscal note.
9:10:49 AM
CHAIR STOLTZE announced that hearing no objection, CSHB 35(STA)
moved out of committee.
SJR 15-CALL FOR US COUNTERMAND CONVENTION
9:11:20 AM
CHAIR STOLTZE announced the consideration of SJR 15. [This was
the third hearing.]
9:12:03 AM
SENATOR WIELECHOWSKI joined the committee meeting.
9:12:09 AM
MIKE COONS, National Director, Citizen Initiatives, Palmer,
Alaska, explained that in 1787, the first 13 state legislatures
created the federal government to serve the needs of the states
and left for future legislatures with the sovereign authority to
modify the conduct of the government when it encroaches on
states' and citizens' rights. He said state legislatures are the
most powerful and important government bodies in America; they
are the final arbiters in all constitutional matters. He
summarized that the "framers" left for future generations of
legislators the sovereign authority to protect the U.S.
Constitution through Article V and not throw it away based on
poor constitutional analysis by anti-Article V groups.
9:15:16 AM
CHAIR STOLTZE closed public testimony.
9:15:24 AM
SENATOR COGHILL moved to report SJR 15 from committee with
individual recommendations with attached zero fiscal note.
9:15:36 AM
CHAIR STOLTZE announced that hearing no objection, SJR 15 moved
out of the Senate State Affairs Standing Committee.
9:15:48 AM
At ease
SCR 4-US COUNTERMAND CONVENTION DELEGATES
9:16:05 AM
CHAIR STOLTZE announced the consideration of SCR 4. [This was
the third hearing.]
9:16:20 AM
SENATOR COGHILL specified that SCR 4 deals with the state's
delegation to attend a convention of the states.
He moved to report SCR 4 from committee with individual
recommendations and the attached zero fiscal note.
9:16:33 AM
CHAIR STOLTZE announced that hearing no objection, SCR 4 moved
out of the Senate State Affairs Standing Committee.
9:16:47 AM
At ease
SB 22-MOTOR VEHICLE REG. TAX: COLLECTION COSTS
9:17:24 AM
CHAIR STOLTZE announced the consideration of SB 22.
9:17:43 AM
FORREST WOLFE, Staff, Senator Cathy Giessel, Alaska State
Legislature, Juneau, Alaska, read the following sponsor
statement:
Since the inception of the Motor Vehicle Registration
Tax system (MVRT) in 1993, the cost to the state of
collecting these taxes for municipalities have been
reduced considerably or the rate they take off the top
has not. The MVRT program was created not as a revenue
sharing program, but was intended in a sense to piggy-
back on the activities the state was already
conducting in order to produce revenues for
municipalities; with this understanding in mind, the
state should only be collecting the added cost it
incurs from operating the program, not sharing in the
added revenues with which the municipalities receive
from their citizens.
SB 22 proposes to reduce the amount the state collects
from 8 percent to 5.5 percent in order to more
accurately reflect the amount of work and resources
the state provides to municipalities for preforming
this service; this does not impose any new costs or
fees on the state or citizens, it simply reallocates
more of the collected funds to the cities themselves.
By allowing local governments to keep more of their
taxes, this revenue is kept closer to the citizens it
was intended to serve and therefore serves the people
better. With revenue sharing posed to be reduced in
these difficult fiscal times, allowing the
municipalities to retain more of their own revenues
makes sense.
9:19:27 AM
CHAIR STOLTZE asked if MVRT was the municipalities' only "bite
at the apple" for some revenues.
MR. WOLFE answered that he was not sure.
9:20:05 AM
AMY ERICKSON, Director, Division of Motor Vehicles, Anchorage,
Alaska, introduced herself and offered to answer questions.
CHAIR STOLTZE pointed out that SB 22 has a fiscal impact for the
state. He noted that the Division of Motor Vehicles (DMV) faces
deficits as well as the state. He asked if Ms. Erickson had
comments or concerns on SB 22.
MS. ERICKSON answered that SB 22 would not affect DMV's
operations, but the bill would affect the state's general fund.
She asserted that whether the state could afford to forgo
approximately $500,000 a year was a question for the
Legislature. She explained that the MVRT was established in 1978
and amended in 1993 to increase the amount the state retained.
She specified that the state's retention began at 5 percent and
raised to 8 percent in 1993.
SENATOR WIELECHOWSKI asked for an explanation as to how the
registration tax works for the municipalities. He asked to
confirm that the bill would result in more money going to the
municipalities.
MR. WOLFE explained that the state collect's their registration
fee as well as fees for 16 other municipalities.
9:22:41 AM
SENATOR WIELECHOWSKI asked if the bill lowers the registration
fee.
MR. WOLFE answered no. He specified that fees will not be
lowered, but rather the amount the state returns to the
municipalities. He said currently the state charges
municipalities 8 percent as an administrative fee. He specified
that the bill lowers the fee to municipalities to 5.5 percent.
He detailed that the reduction will be more in line with DMV's
actual administrative costs.
SENATOR WIELECHOWSKI asked to clarify that state receives 8
percent for managing the municipalities' license registration
taxes.
MR. WOLFE answered that the bill applies to vehicle registration
taxes, not license registration.
9:24:20 AM
SENATOR WIELECHOWSKI asked how the municipalities get their
money.
MR. WOLFE answered that the state had separate agreements with
each municipality. He detailed that vehicle registration fees
were collected for each municipality, less the state's 8 percent
fee.
SENATOR WIELECHOWSKI asked Ms. Erickson for an explanation as to
how the registration fees go to the municipalities and how the
bill increases money to the municipalities.
9:26:01 AM
MS. ERICKSON specified as follows:
For example, in the Municipality of Anchorage, my
vehicle is 8 years old and the MVRT applied by the
Municipality of Anchorage is $70, so I pay my $100
registration fee for the state and the $70 fee that
goes to the municipality; of that $70, 8 percent is
retained by the state and the rest is refunded to the
community. Of the 17 communities, they each have their
own established motor vehicle tax, so it would range
from $16, for example, to $70 for Anchorage and Mat-
Su.
CHAIR STOLTZE summarized that the bill does not change the fees,
the change is directed at the percentage for the transacted cost
for being the tax collector.
SENATOR WIELECHOWSKI asked if the municipalities were doing
additional work for the registration fees. He opined that the
state seems to be doing the bulk of the work and the
municipalities are completely not involved.
MS. ERICKSON answered true. She explained that the state
administers the program for each of the 17 municipalities.
SENATOR MCGUIRE noted that the state does a similar program with
school district appropriations. She added that administrative
fees often can erode the base of the dollars that people are
trying to collect for whatever their purposes.
SENATOR WIELECHOWSKI asked how the bill impacts the Anchorage
property tax cap.
9:29:34 AM
DANIEL MOORE, City Treasurer, Municipality of Anchorage,
Anchorage, Alaska, replied that the auto registration tax is a
payment in lieu of property tax. He explained that every dollar
collected in auto registration tax for the municipality is a
dollar decrease in the amount of property tax that is needed. He
said Anchorage increased its rate schedule in 2012, resulting in
increased auto tax registration revenues of $5 million to $6
million; that meant $5 million to $6 million less was needed
from property taxes.
MR. MOORE detailed that the 8 percent fee, which has not changed
since 1993, provides for DMV's administrative costs. He
explained that prior to the tax increase in 2012, the
municipality paid 45 percent of DMV's entire program cost, a
percentage that matched Anchorage having 45 percent of the
state's vehicles. He revealed that today the municipality pays
59 percent of all MVRT costs, but Anchorage still has 45 percent
of the state's vehicles. He remarked that Anchorage pays double
the amount for administration fees while not getting any
additional services. He asserted that Anchorage's MVRT increase
has been a windfall to DMV with an added $500,000 per year.
He explained that the bill corrects the situation by lowering
the administrative fee from 8 percent to 5.5 percent. He
specified that DMV would retain approximately $1 million, an
amount the division used to retain, and the $500,000 would be
spread across the state; Anchorage will annually recover
$300,000 and Mat-Su will recover $100,000. He said the 16 or 17
communities will basically receive a 3 percent increase in their
net revenues from DMV, resulting in more money to provide local
services or to reduce property taxes.
9:32:51 AM
CHAIR STOLTZE asserted that previous testimony had clearly
established that the state was overly gouging the recipient of
vehicle title or registration. He declared that his
constituents' hearts would not be warmed that the municipalities
are getting the money rather than the state. He asked if
consideration was ever given towards reducing the MVRT by giving
the money back to the people.
MR. WOLFE replied that he had no comment.
CHAIR STOLTZE asked if Mr. Wolfe had a philosophy about where
the money belongs.
MR. WOLFE replied that he did not feel comfortable commenting at
that time.
CHAIR STOLTZE asked Mr. Moore to comment.
9:34:23 AM
MR. MOORE explained that the difference between the city and the
state is that Anchorage has a tax-cap set by charter. When
Anchorage gets any type of tax, by charter the tax must be taken
into account within the municipality's cap, the result means
less money is being charged for property taxes. He noted that
one good thing about the MVRT is that a broader base of people
are paying than property taxes.
CHAIR STOLTZE replied that he understood the government aspect
and how it worked for government. He noted that he was concerned
for the people who were paying the MVRT. He asserted that people
did not care which government entity the tax goes to. He stated
that the crux of the bill will be the fiscal issue and the
referral to the Senate Finance Committee was appropriate. He
inquired if the committee members had reviewed the bill's fiscal
note. He confirmed that there would be a revenue shift from the
state to the municipalities. He asked if there was any other
public testimony on SB 22.
9:37:08 AM
SENATOR COGHILL commented that he would like to associate
himself with Chair Stoltze's remarks on the individuals in
Alaska and noted his appreciation. He conceded that the bill was
a finance issue.
He moved to report SB 22 from committee with individual
recommendations and the attached fiscal note.
9:37:28 AM
CHAIR STOLTZE announced that seeing no objection, SB 22 moved
out of the Senate State Affairs Standing Committee.
9:37:38 AM
At ease
HB 93-PROBATION AND PAROLE: WORK, TRAVEL ACCOM.
9:38:25 AM
CHAIR STOLTZE announced the consideration of HB 93. [CSHB
93(STA) was before the committee.]
REPRESENTATIVE CATHY TILTON, Alaska State Legislature, Juneau,
Alaska, introduced HB 93 speaking to the following sponsor
statement:
Before you today, I bring HB 93 which is a piece of a
continuing legislation on our ongoing reforms of
Alaska's criminal justice and corrections systems. If
I may, I would like to thank Senator Coghill for
letting me work with him last year on SB 64 and for
allowing me to carry this bill this session.
As we all know, Alaska has held one of the highest
rates of recidivism and the cost of keeping a prisoner
in jail is over $150 per day with the cost continuing
to rise; it is a fact with our budget climate today,
our state cannot afford to build another prison. HB 93
builds on the bipartisan efforts of the legislature
that we have started to move the needle on recidivism.
In 2011, 52 percent of probationers did not complete
their court orders of release and returned back to
prison; those reforms that we've been putting in place
has helped to lower that number to 45 percent in 2014.
9:40:07 AM
CHAIR STOLTZE asked Representative Tilton to repeat what
percentage of probationers did not complete their orders.
REPRESENTATIVE TILTON replied that 52 percent in 2011 did not
complete their court ordered conditions. She asserted that some
of the reforms that the Legislature has put into place from 2011
to 2014 has lowered the number to 45 percent.
CHAIR STOLTZE commented that probationers are essentially doing
their full sentences in installments.
REPRESENTATIVE TILTON answered yes. She continued her overview
as follows:
Those who work with probationers, such as Partners In
Progress, have identified employment as being one of
the three largest components, but employment being
number one, the other two are housing and social
services to help them through their transitioning;
but, what we do know is that few employers are willing
to hire somebody with a record, so we have a little
challenge there. As a matter of fact, there is a study
with the Urban Institute that showed just 12.5 percent
of employers said that they would definitely accept an
applicant with a criminal record.
What HB 93 does is it encourages employment by making
it clear to probation officers that when they are
scheduling the probation appointments that they use
diligent effort to schedule around the person's
employment, thereby allowing the probationer to be
successful in their employment. This bill also allows
the probationers reasonable travel within the state to
work as long as it is not in conflict with the terms
of the conditioners of their probation; it is a
building block and another tool in our toolbox.
By keeping probationers employed, we give them the
opportunity to give back to the system, they reduce
the draw on our health and social services budget, and
the cost to our state when a prisoner recidivates, so
ultimately and potentially saving a lot of dollars to
our state.
9:42:03 AM
CHAIR STOLTZE asked for comments from the Alaska Department of
Corrections.
9:43:42 AM
CARRIE BELDEN, Director, Probation & Parole, Alaska Department
of Corrections, Anchorage, Alaska, announced that the department
supports HB 93 and noted that the department has worked with the
sponsor on the bill. She said the department believes that work
is a very important to keep the state's population of
probationers and paroles on the straight-and-narrow and out of
trouble. She stated that the department thinks that work and
employment is a very vital part of the reentry process.
SENATOR WIELECHOWSKI stated that he liked HB 93. He asked how
the department deals with an issue where parolees in Anchorage
or Fairbanks work on the Slope or rural Alaska.
MS. BELDEN answered that the department deals with the situation
Senator Wielechowski noted quite often. She detailed that the
department's probation and parole officers do value employment
and the department tries to schedule meetings when the person is
in town. She said the department does telephonic meetings and
very much tries to accommodate schedules.
SENATOR WIELECHOWSKI noted that Senator Coghill is doing a good
bill which seeks to have more electronic monitoring. He asked if
the department has an issue with electronic monitoring in rural
communities or on the Slope.
9:45:29 AM
MS. BELDEN replied that the department can and does monitoring
in the areas that Senator Wielechowski noted.
SENATOR COGHILL asked if the word "diligent" was used as a term
of art in the phrase, "Diligent efforts to secure and maintain
steady employment." He asked if "active efforts" should be used
rather than "diligent efforts." He opined that "diligent" has
more flexibility, but also could be very subjective.
REPRESENTATIVE TILTON replied that Senator Coghill's reference
in the use of the word "diligent" had been the first time. She
remarked that consideration in the use of "diligent" should be
discussed with the department.
CHAIR STOLTZE noted that "diligent" must mean something due to
its use in the sponsor statement.
9:47:52 AM
SHERRIE DAIGLE, Special Assistant to Commissioner Taylor, Alaska
Department of Corrections, commented that the use of "diligent
efforts" probably comes from the diligent efforts of the
probation officers who are constantly working with the
probationers to help and assist them in obtaining employment.
She commented that she did not know why the word "active" was
not used. She added that the department would review the use of
"diligent efforts" in the bill.
SENATOR COGHILL commented that accountability and flexibility
are big things to parole officers. He reiterated that "diligent"
was very subjective compared to "active."
SENATOR WIELECHOWSKI asked what happens when a probation officer
believes that a probationer is "gaming the system." He noted
that the bill places requirements on a probation officer that
they "shall permit" each probationer travel.
MS. DAIGLE answered that the probation officers are very keen to
some of the tactics that some people use. She specified that
most people on probation are going to comply by seeking
employment and going through the right avenues to stay employed.
She said probation officers closely monitor individuals that
Senator Wielechowski was referencing.
SENATOR WIELECHOWSKI stated that because the bill does say
"Shall permit each probationer to travel in the state to make
different efforts," there could be a situation where a parole
officer does not allow travel and the probationer challenges the
decision by saying the law says he or she can go. He asked who
solves the situation that he previously noted.
9:50:20 AM
MS. DAIGLE answered that the department does not know. She noted
that the department has had discussion on the scenario that
Senator Wielechowski described, but the department was not sure.
SENATOR WIELECHOWSKI asked how the bill should be fixed to avoid
the situation he previously described.
CHAIR STOLTZE asked if the scenario Senator Wielechowski
described has never been litigated.
SENATOR WIELECHOWSKI guaranteed that the scenario he described
would occur if the current bill passes.
SENATOR COGHILL pointed out that Section 2 in the bill talks
about what the parolee is responsible to do. He said the bill
falls into the category of why the government does that; for
example, the parole officer sometimes is more concerned about
what they are doing than what the parolee is doing and the
scenario Senator Wielechowski described is an assertion where
the parolee must be accommodated if work is the issue. He
conceded that consideration must also be given to the "gaming of
the system." He said he is open to further discussions.
REPRESENTATIVE TILTON concurred with Senator Coghill that the
parolee would have to be accommodated.
CHAIR STOLTZE stated that he understood probation and parole. He
asked if probation and parole was entirely an administrative
procedure within the parole board or does it get kicked up to
the courts.
MS. DAIGLE answered that courts are involved in probation and
parole.
9:53:20 AM
MS. BELDEN detailed that a parolee or the probationer and the
probation officer would sit down and have their office visit
where work schedules are discussed. She asserted that parole
officers try and be fair about work schedules because they do
want them employed. She specified that courts and parole boards
come into play when there are violations. She said when the
parole officer has tried to work with probationers and parolees
informally, but the violations are too big or the parole officer
is just not getting anywhere with the probationer or parolee,
the probation officer will file a petition to revoke probation
or parole violation and bring the probationer or parolee before
the court or before the board.
9:54:50 AM
CHAIR STOLTZE asked what is the condition for the consumption of
alcohol and if the condition has been tested in the courts.
MS. BELDEN answered that no alcohol to excess is a general
condition that all of the probationer or parolees get. She
detailed that the no alcohol consumption means zero tolerance is
a case-by-case basis and that depends on the individual's
history and crime that is specific to them.
CHAIR STOLTZE noted that marijuana is supposed to be regulated
like alcohol. He asked if there should be parole conditions on
marijuana.
MS. BELDEN replied that if the parole board or court does not
want a probationer or parolee to ingest marijuana, then the
parole board or court can put a specific condition on that says
no marijuana consumption.
CHAIR STOLTZE asked even under the new paradigm where marijuana
is legal.
MS. BELDEN answered that just like alcohol is legal for most, a
prohibition condition can be placed on an individual. She said
marijuana would be legal for most, but a parole board or court
can invoke a marijuana prohibition if they chose.
SENATOR WIELECHOWSKI noted two scenarios as follows:
Number one, a probation officer says "No, I don't
think you should go to travel," and then the
probationer gets an attorney and they go to court, and
the attorney says "Well, the law says you shall permit
them." So explain what is likely to happen and maybe
we need Legislative Legal Services to come in and
weigh in on this, explain what is likely to happen in
that situation.
The other situation is the person goes and then the
probation officer wants to get them back and then it
goes before a judge as well, maybe just talk about how
the courts you expect would deal with that situation.
9:57:13 AM
MS. BELDEN replied that the department shared Senator
Wielechowski's concern. She said by placing "shall" in the bill
removes the discretion of the parole officer and Legislative
Legal Services may indicate how big the issue was. She said the
department will try to work things out internally to get a happy
middle, but a worst case scenario could occur where a person
ends up before the court or parole board.
SENATOR COGHILL stated that the parole board still has
significant leeway by setting other conditions. He said the bill
orders travel to be taken into account, but consistency is also
mandated.
REPRESENTATIVE TILTON specified that, "When not in conflict with
the other terms and concerns of their probation" was clearly
stated in the bill. She noted that previous discussions with
Legislative Legal Services occurred in a previous committee that
tried to address other verbiage, but there was not another work-
around. She said the decision was to go ahead with the bill as
it was with the understanding that the bill is not in conflict
with conditions of probation terms.
9:59:34 AM
CHAIR STOLTZE asked if probation should be viewed as a qualified
privilege or a right.
REPRESENTATIVE TILTON answered that probation was a qualified
privilege.
MS. DAIGLE answered that the department would agree that
probations was a qualified privilege.
CHAIR STOLTZE stated that he understood the reformation
provision in the state's constitution as well. He remarked that
he just wanted to make sure in the zeal to try to empty the
state's prisons that the "wrong ones" were not let out.
SENATOR WIELECHOWSKI asked if the bill has a Judiciary Committee
referral.
CHAIR STOLTZE answered yes.
REPRESENTATIVE TILTON confirmed that the bill does has a Senate
Judiciary Committee referral.
CHAIR STOLTZE commented that having two committee referrals for
the bill was advantageous in order to address a few issues. He
opined that HB 93 looks more right for passing than the bill
that was just dropped.
10:01:24 AM
CHAIR STOLTZE announced that HB 93 would be held in committee
with a sincere intent to readdress it as quickly as possible. He
added that the committee would like to have Commissioner Taylor
of the Department of Corrections on the record as well. He noted
that Commission Taylor began his career in probation and added
that the committee would deprive itself of a strong voice with a
lot of authority if the commissioner did not address the
committee.
MS. DAIGLE replied that the department would make Chair
Stoltze's request happen.
10:02:26 AM
There being no further business to come before the committee,
Chair Stoltze adjourned the Senate State Affairs Standing
Committee hearing at 10:02 a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB93 Explanation of Changes.pdf |
SSTA 3/26/2015 9:00:00 AM |
HB 93 |
| HB93 Sectional Analysis (sponsor).pdf |
SSTA 3/26/2015 9:00:00 AM |
HB 93 |
| HB93 Sponsor Statement for SSTA.pdf |
SSTA 3/26/2015 9:00:00 AM |
HB 93 |
| HB93 Support Document - Email Kyle Brown 2-3-15.pdf |
SSTA 3/26/2015 9:00:00 AM |
HB 93 |
| SJR15 Opposition Document - Email Terry Russell 3-18-15.pdf |
SSTA 3/26/2015 9:00:00 AM |
SJR 15 |
| SJR15 Support Document - Email Mike Coons 3-26-15.pdf |
SSTA 3/26/2015 9:00:00 AM |
SJR 15 |
| SJR15 Support Document - Fax Stuart Thompson 3-25-15.pdf |
SSTA 3/26/2015 9:00:00 AM |
SJR 15 |
| SCR4 Support Document - Email Mike Coons 3-25-15.pdf |
SSTA 3/26/2015 9:00:00 AM |
SCR 4 |
| HB35 Support Document - Prepared Testimony Chuck Volanti 3-26-15.pdf |
SSTA 3/26/2015 9:00:00 AM |
HB 35 |