Legislature(2021 - 2022)BUTROVICH 205
04/27/2021 03:30 PM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB117 | |
| SB91 | |
| SB92 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SJR 12 | TELECONFERENCED | |
| *+ | SB 117 | TELECONFERENCED | |
| + | SB 92 | TELECONFERENCED | |
| + | SB 91 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
April 27, 2021
3:33 p.m.
MEMBERS PRESENT
Senator Mike Shower, Chair
Senator Roger Holland
Senator Scott Kawasaki
Senator Mia Costello
MEMBERS ABSENT
Senator Lora Reinbold, Vice Chair
COMMITTEE CALENDAR
SENATE BILL NO. 117
"An Act relating to the state procurement code; establishing the
construction manager general contractor procurement method; and
providing for an effective date."
- HEARD & HELD
SENATE BILL NO. 91
"An Act relating to the duties of the commissioner of
corrections; relating to the detention of minors; relating to
minors subject to adult courts; relating to the placement of
minors in adult correctional facilities; and providing for an
effective date."
- HEARD & HELD
SENATE BILL NO. 92
"An Act relating to missing persons under 21 years of age."
- HEARD & HELD
SENATE JOINT RESOLUTION NO. 12
Urging the United States Congress to repeal the Windfall
Elimination Provision and Government Pension Offset of the
Social Security Act.
- BILL HEARING CANCELED
PREVIOUS COMMITTEE ACTION
BILL: SB 117
SHORT TITLE: PROCUREMENT; CONSTRUCTION; CONTRACTS
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
03/31/21 (S) READ THE FIRST TIME - REFERRALS
03/31/21 (S) STA, TRA
04/27/21 (S) STA AT 3:30 PM BUTROVICH 205
BILL: SB 91
SHORT TITLE: DETENTION OF MINORS
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
02/22/21 (S) READ THE FIRST TIME - REFERRALS
02/22/21 (S) HSS, STA
03/09/21 (S) HSS AT 1:30 PM BUTROVICH 205
03/09/21 (S) Heard & Held
03/09/21 (S) MINUTE(HSS)
04/06/21 (S) HSS AT 1:30 PM BUTROVICH 205
04/06/21 (S) Moved CSSB 91(HSS) Out of Committee
04/06/21 (S) MINUTE(HSS)
04/07/21 (S) HSS RPT CS 2DP 1NR SAME TITLE
04/07/21 (S) DP: WILSON, BEGICH
04/07/21 (S) NR: REINBOLD
04/27/21 (S) STA AT 3:30 PM BUTROVICH 205
BILL: SB 92
SHORT TITLE: MISSING PERSONS UNDER 21 YEARS OLD
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
02/22/21 (S) READ THE FIRST TIME - REFERRALS
02/22/21 (S) HSS, STA
03/23/21 (S) HSS AT 1:30 PM BUTROVICH 205
03/23/21 (S) Scheduled but Not Heard
03/30/21 (S) HSS AT 1:30 PM BUTROVICH 205
03/30/21 (S) Heard & Held
03/30/21 (S) MINUTE(HSS)
04/06/21 (S) HSS AT 1:30 PM BUTROVICH 205
04/06/21 (S) Moved SB 92 Out of Committee
04/06/21 (S) MINUTE(HSS)
04/07/21 (S) HSS RPT 2DP 1NR
04/07/21 (S) DP: WILSON, BEGICH
04/07/21 (S) NR: REINBOLD
04/27/21 (S) STA AT 3:30 PM BUTROVICH 205
WITNESS REGISTER
MIKE LESMANN, Legislative Liaison
Department of Transportation and Public Facilities (DOT&PF)
Juneau, Alaska
POSITION STATEMENT: Introduced SB 117 on behalf of the
administration.
MICHAEL LUND, Construction Engineer
Northern Region
Department of Transportation and Public Facilities (DOTPF)
Fairbanks, Alaska
POSITION STATEMENT: Testified on SB 117 by invitation.
CHARLES MCKEE, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified off topic during the hearing on SB
117, and when asked said he supported the bill.
ALICIA SIIRA
Associative General Contractors of Alaska
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 117.
SARAH LEFEBVRE, representing self
Fairbanks, Alaska
POSITION STATEMENT: Stated support for SB 117 with minor edits.
TRACY DOMPELING, Director
Division of Juvenile Justice
Department of Health and Social Services (DHSS)
Juneau, Alaska
POSITION STATEMENT: Testified in support of SB 91.
MATT DAVIDSON, Social Services Program Officer
Division of Juvenile Justice
Department of Health & Social Services
Juneau, Alaska
POSITION STATEMENT: Presented the sectional analysis for SB 91.
KATHRYN MONFREDA, Director
Division of Statewide Services - CGIS Programs
Department of Public Safety
Anchorage, Alaska
POSITION STATEMENT: Presented SB 92 on behalf of the
administration.
PAUL FUSSEY, Lieutenant
Alaska State Troopers
Department of Public Safety
Anchorage, Alaska
POSITION STATEMENT: Provided information and answered questions
about SB 92.
ACTION NARRATIVE
3:33:58 PM
CHAIR MIKE SHOWER called the Senate State Affairs Standing
Committee meeting to order at 3:33 p.m. Present at the call to
order were Senators Holland (via Teams), Kawasaki (via Teams),
and Chair Shower.
CHAIR SHOWER reviewed the remote meeting protocols, including
the roll call to show the presence and location of the committee
members:
Roll call: SENATOR KAWASAKI, Capitol room 7, SENATOR HOLLAND,
Capitol room 113, and CHAIR SHOWER in the Butrovich room,
Capitol 205. Several minutes later, SENATOR COSTELLO reported
that she had joined the meeting from Capitol room 119.
CHAIR SHOWER stated that he wanted to clear the record about the
allegation that it would have been against the law to have moved
SB 39 from committee last Thursday evening. In response, he
decided to hold the bill and investigate. The allegation proved
to be incorrect; the fiscal notes for the original version of
the bill were loaded into the record on 1/28/21. New fiscal
notes will be forthcoming, and his understanding is that is not
unusual. To the comments about the lack of time to review,
debate, and amend the bill, he said the bill has been in the
committee's possession for almost three months and the latest
version has been available for several weeks. He said there were
multiple opportunities to amend the bill and two of three
minority amendments were passed during the Thursday afternoon
meeting. Furthermore, this is not the only committee of
referral; he estimated it will be heard in five more committees
as it goes through the process.
SB 117-PROCUREMENT; CONSTRUCTION; CONTRACTS
3:40:33 PM
CHAIR SHOWER announced the consideration of SENATE BILL NO. 117
"An Act relating to the state procurement code; establishing the
construction manager general contractor procurement method; and
providing for an effective date."
He listed the invited testifiers.
3:41:11 PM
MIKE LESMANN, Legislative Liaison, Department of Transportation
and Public Facilities (DOT&PF), Juneau, Alaska, stated that the
purpose of the bill is to grant the department the authority to
write regulations for the existing process between DOT&PF and
its contractors. SB 117 seeks to amend the state's procurement
code under AS 36.30 by codifying the department's current
practice of using the construction manager general contractor
(CMGC) construction contracting method.
MR. LESSMANN explained that the CMGC contracting method has a
two-phase contract that allows the same contractor to provide
construction related services during both preconstruction and
the construction phase of a project. While the existing state
procurement law does not offer this procurement method as a
specific option, the department has been using CMGC under the
innovative procurement guidelines in AS 36.30.308.
MR. LESSMANN reported that CMGC has been used for the last 15
years in Alaska for public facility projects, federal aid
highway and bridge projects, and new vessel construction. This
contracting method is recognized in the Federal Highway
Administration regulations and is a commonly accepted practice
in the construction industry. DOT&PF's experience is that CMGC
can decrease contractor change orders, decrease administrative
delays, and leverage resources to improve Alaska's
infrastructure.
MR. LESSMANN advised that should this become law, the department
will collaborate with stakeholders to adopt the regulations
needed to further refine and standardize the CMGC contracting
method in Alaska.
3:45:27 PM
SENATOR KAWASAKI highlighted that the fiscal note analysis
indicates that the CMCG contracting method has been used for
just 20 projects over the past 15 years. He asked why it had
been used for so few projects and how the department expects
that to change should the bill pass.
MR. LESMANN answered that it is not right for every project, but
it is a tool for the department to use. He deferred further
comment to Mr. Lund who has experience using the CMGC
contracting method.
3:46:58 PM
MIKE LUND, Construction Engineer, Northern Region, Department of
Transportation and Public Facilities (DOTPF), Fairbanks, Alaska,
explained that CMGC is a procurement tool that involves a
contractor, prior to committing to costs, giving input into the
phasing of a project. This is not needed on all projects that
are done on a regular basis, but sometimes it is to the state's
advantage and the public interest to do so. The department has
been successful in using CMGC under the innovative procurement
statute.
CHAIR SHOWER asked for examples of projects that would use CMGC.
MR. LUND explained that this method is generally used for more
complex projects. He cited University Avenue in Fairbanks that
involved complex phasing and staging with underground and
overhead utilities, and the Kivalina School site access road
that involved complex logistics to get materials and heavy
equipment to rural Alaska. He said it is heavily used and useful
in the vertical construction industry. Using the CMGC process on
the UAF engineering building allowed flexibility for the project
to shut down when there were fiscal constraints and restart
without contract closure and a lengthy claims process.
SENATOR KAWASAKI summarized that DOT&PF uses the innovative
procurement code to get a construction manager general
contractor. He asked why the CMGC method has not been used more
frequently since it has been available under the innovative
procurement statute.
MR. LUND agreed with the summary. Responding to the question, he
explained that the innovative procurement statute effectively
allows the department to use CMGC to partner with the local
contracting community, but it is on an ad hoc basis. It is
difficult to develop regulations and adopt overriding policies
without codifying the process.
SENATOR KAWASAKI asked how the department would select the best
contractors.
MR. LUND answered that while there is a price component to the
process, the contractor is selected based on qualifications
CHAIR SHOWER asked for the sectional analysis.
3:55:02 PM
MR. LESMANN paraphrased the following sectional analysis for SB
117 [original punctuation provided]:
Section 1. AS 36.30.200(c) is amended to add CMGC
(Construction Manager/General Contractor). This
section ensures that the Department only uses the
contracting method on appropriate projects by
requiring that the Commissioner of Transportation and
Public Facilities first determine that doing so is
advantageous to the State.
Section 2. AS 36.30.250 is amended to add the
Department may exclude price criteria when awarding a
preconstruction services contract under the CMGC
contracting method.
Section 3. AS 36.30 is amended to add a new section AS
36.30.309. This section is the operative provision of
the CMGC bill. It identifies the CMGC method as
requiring a two-phase contract: one contract for
preconstruction services and another for construction
services. The Department awards the construction
services contract only if the parties can reach an
agreed price for construction services for a specific
project scope and schedule. If the parties cannot
reach an agreed price, the Department may contract
with another contractor for construction of the
project using any other contracting method under the
procurement code.
Section 4. AS 36.30.990 is amended to add the
definition for "preconstruction services".
Section 5. Authorizes the Department to adopt
regulations that further implement the Act.
Section 6. This section specifies that Section 5 takes
effect immediately.
3:57:30 PM
CHAIR SHOWER found no questions and opened public testimony on
SB 117.
3:57:50 PM
CHARLES MCKEE, representing self, Anchorage, Alaska, testified
off topic during the hearing on SB 117.
CHAIR SHOWER asked if he supported or opposed SB 117.
MR. MCKEE said he supported it and then asked the committee to
understand that there was no statute of limitations for slander.
4:01:44 PM
ALICIA SIIRA, Associative General Contractors of Alaska (AGC),
Anchorage, Alaska, stated that AGC supports having CMGC as an
alternative project delivery method for DOT&PF. It has been used
in Alaska for decades. AGC believes that CMGC can be a great
tool when properly used and prepared. However, it is not the
only tool and when it is used there should be ample review to
ensure the best value for the state. She offered her belief that
codifying the CMGC procurement process will benefit the
construction industry and the state. It would allow the
department to use the CMGC process without having to submit an
innovative procurement request to multiple agencies for each
project. She said SB 117 will modernize, clarify, and improve
the state's procurement process and align Alaska with the
majority of other states. It will also allow the construction
industry to have a voice in developing regulations, which will
remedy concerns about consistency in the use of CMGC projects.
She asked that AGC be given a seat at the table throughout the
regulatory process. She said AGC looks forward to sharing the
list of best practices it has compiled.
CHAIR SHOWER asked if AGC would like to see any changes to the
bill.
MS. SIIRA replied they have suggested language changes but
nothing substantial.
CHAIR SHOWER suggested she send the suggestions to
ssta@akleg.gov.
4:05:04 PM
SARAH LEFEBVRE, representing self, Fairbanks, Alaska, stated
that she has worked in the construction industry in civil
contracting for 23 years. She agreed with Ms. Sirra's comments
and said the bill will ensure that CMGC will be applied more
consistently across the three DOT regions. She noted that this
has been a concern to the contracting community on past
projects. She referenced Senator Kawasaki's question and offered
her experience that each CMGC has progressed in a silo and the
lessons learned have not necessarily been applied in subsequent
projects and procurements. She offered her belief that having
the CMGC procurement method in statute allows the department to
establish clear regulations and eventually implement a
consistent CMGC handbook. She said that industry partners look
forward to participating in this process to help improve the
application of CMGC in Alaska. She suggested that the CARES Act
and federal infrastructure packages offer an opportunity for
DOT&PF to get future year projects onto the street. CMGC could
be a valuable tool to fill the gap left by accelerated project
funding. She said she is an ADC member, and her company has
minor edits for the bill that she would submit to this committee
and the Transportation Committee. She noted that the edits had
been vetted by department staff.
CHAIR SHOWER said he would appreciate receiving the documents.
4:07:43 PM
CHAIR SHOWER closed public testimony on SB 117 and advised that
written comments would be accepted at ssta@akleg.gov.
4:08:21 PM
CHAIR SHOWER held SB 117 in committee.
SB 91-DETENTION OF MINORS
4:08:29 PM
CHAIR SHOWER announced the consideration of SENATE BILL NO. 91
"An Act relating to the duties of the commissioner of
corrections; relating to the detention of minors; relating to
minors subject to adult courts; relating to the placement of
minors in adult correctional facilities; and providing for an
effective date."
[CSSB 91(HSS), work order 32-GS1576\I, was before the
committee.]
He listed the individuals who were invited to testify.
4:09:03 PM
TRACY DOMPELING, Director, Division of Juvenile Justice,
Department of Health and Social Services (DHSS), Juneau, Alaska,
stated that SB 91 will bring Alaska into compliance with the
recent changes to the Juvenile Justice and Delinquency
Prevention Act (JJDPA), which was enacted in 1974 and
reauthorized in 2018. She related that the JJDPA is the primary
federal legislation that guides juvenile justice practices and
lack of compliance will result in penalties on the division's
major federal grant.
4:09:52 PM
MS. DOMPELING said SB 91 makes two statutory changes. First, it
requires minors who have been waived into the adult criminal
justice system be held in juvenile facilities until age 18. The
bill also expands the court findings necessary for non-
delinquent minors to be held temporarily in a secure juvenile
facility. She said the bill intentionally has no effect on the
crimes or sentences of minors who are subject to waiver into the
adult justice system, nor will the bill have any net fiscal
impact. The Department of Corrections and the Department of
Health and Social Services will be required to develop an
agreement about holding minors in DOC custody in Juvenile
facilities. She highlighted that data that DOC provided today
identified six youth under age 18 who are currently held in DOC
facilities.
MS. DOMPELING advised that the second change deals with the
limited circumstances when non-delinquent minors may be held
temporarily in secure Juvenile facilities pending another
placement. These rare situations generally involve minors in the
custody of the Office of Children's Services (OCS) who have run
away from placement and put themselves in a dangerous situation.
In this circumstance, OCS seeks a court finding under AS
47.10.141 that allows the short holding pending placement in
another nonsecure setting. She said the new federal JJDPA
expands the court findings necessary before these minors may be
detained and it further limits the time they may be held in
secure holding. She advised that during the last three fiscal
years, three juveniles have been held in this manner each year.
She said the division has received positive feedback from the
Court System and other stakeholders.
SENATOR KAWASAKI asked if a minor who turns 18 while in a DJJ
facility would remain in the facility or move into an adult
facility.
MS. DOMPELING replied, this bill specifically applies to youth
charged under the auto waiver statute who would move at age 18.
CHAIR SHOWER found no further questions and asked Mr. Davidson
to present the sectional analysis.
4:14:03 PM
MATT DAVIDSON, Social Services Program Officer, Division of
Juvenile Justice, Department of Health & Social Services,
Juneau, Alaska, paraphrased the following sectional analysis for
SB 91 [original punctuation provided].
Section 1: Amends AS 33.30.011(a) Duties of
commissioner to expand the duties of the Commissioner
of the Department of Corrections to enter into
agreements with the Department of Health and Social
Services for the detention and care of minors who are
waived into the adult criminal justice system.
Section 2: Amends AS 47.10.141(c) Runaway and missing
minors to reference a new subsection that adds new
requirements for court findings related to holding
non-delinquent minors in secure juvenile facilities.
Section 3: Amends AS 47.10.141 Runaway and missing
minors to add a new subsection to include expanded
requirements for court findings before a non-
delinquent minor can be held in a secure juvenile
facility.
Section 4: Amends AS 47.12.020 Jurisdiction to add a
new subsection related to the jurisdiction of the
Division of Juvenile Justice to detain and care for
minors under Department of Corrections custody.
Section 5: Amends AS 47.12.022 Applicability;
inclusion of certain persons as minors to make
conforming amendments to include minors subject to the
adult court processes in the definition of "minor" in
delinquency statute.
Section 6: Amends AS 47.12.030(a) Provisions
inapplicable to add a reference to the "autowaiver"
statute, the new practice of holding minors subject to
adult court proceedings in secure juvenile facilities
under AS 47.12.105. The section also includes the term
"transported" to the adult processes that apply to
waived minors to reflect current practices.
Section 7: Amends AS 47.12.100(a) Waiver of
jurisdiction to add a reference to "discretionary
waiver" statute the new practice of the holding of
minor offenders who are subject to adult court in
secure juvenile facilities under AS 47.12.105. The
section also includes the list of adult court
practices that apply to these offenders.
Section 8: Adds a new section Minor offenders subject
to adult court to describe the new requirements for
holding minor who are waived into adult court in
Division of Juvenile Justice facilities until age 18.
This section also describes the limited circumstances
and court process and findings that may allow for
minors to be held in adult facilities.
4:18:16 PM
MR. DAVIDSON advised that the last committee added a
provision to Section 8 that authorizes the Public Defender
Agency to represent minors the department wants to move to
adult facilities.
Section 9: Amends AS 47.12.150(a) Legal custody,
guardianship, and residual parental rights and
responsibilities to make conforming changes to clarify
that minors in the custody of the Department of
Corrections detained in Division of Juvenile Justice
facilities are subject to the same residual parental
rights as other minor offenders.
Section 10: Amends AS 47.12.160(e) Retention of
jurisdiction over minor to make conforming changes to
the dual sentencing provisions.
Section 11: Amends AS 47.12.240(a) Detention of minors
to make conforming changes.
MR. DAVIDSON noted that the last committee added what is
now Sections 10-15 to clarify that minors who are waived
into the adult criminal court process need to be
transported in the same manner as delinquent minors.
Section 12: Amends AS 47.12.240(c) Detention of minors
to clarify that a waived minor may be held temporarily
in an adult correctional facility during transport to
a juvenile facility under the same standards and
timelines that apply to a delinquent minor.
Section 13: Amends AS 47.12.240(d) Detention of minors
to change the statutory reference from AS
47.12.240(c)(1) to AS 47.12.240(c).
Section 14: Amends AS 47.12.240(e) Detention of minors
to change two statutory references from AS
47.12.240(c)(1) to AS 47.12.240(c).
Section 15: Amends AS 47.12.240 Detention of minors to
change the statutory reference from AS
47.12.240(c)(1)(B) to AS 47.12.240(c)(2).
Section 16: Amends AS 47.12.250(a) Temporary detention
and detention hearing to make conforming changes.
Section 17: Amends AS 47.12.250 Temporary detention
and detention hearing, adding a new section that
clarifies that waived minors must be transported to a
juvenile facility by law enforcement and may only be
held temporarily in an adult facility during the
transport under the conditions of AS 47.12.240(c).
Section 18: Amends AS 47.12.310(b) Agency Records to
specifically allow information sharing between the
Division of Juvenile Justice and the Department of
Corrections about former juvenile offenders and minors
in DOC custody held in secure juvenile facilities
until age 18. Section 19: Applicability clause applies
to minors in Department of Corrections custody on or
after the effective date.
Section 19: Effective Date Clause. This Act takes
effect on July 1, 2021.
4:20:58 PM
SENATOR COSTELLO referenced the second sentence in the new
subsection (f) of Section 17 that says a minor may be
temporarily held in an adult facility under certain conditions.
She asked for the meaning of "temporarily held" and whether the
minors would be separated by sight and sound from adult
prisoners.
MR. DAVIDSON explained that current federal law allows
delinquent minors to be held in adult facilities with sight and
sound separation from adult offenders for six hours pending
transport to a juvenile facility. There are rural and weather
exceptions. SB 91 extends those protections to waived minors.
4:23:54 PM
SENATOR COSTELLO asked what kind of information is shared and
with whom, and if this applies to minors waived into the adult
system.
MR. DAVIDSON answered that the expectation is that DJJ will
provide care to waived minors in juvenile facilities until age
18 at which time they will be transferred to the Department of
Corrections (DOC). DJJ wants the statutory authority to share
with DOC all the health information and services that has been
provided to the waived minor because the existing delinquency
statute does not cover this new class of DJJ clients, waived
minors.
CHAIR COSTELLO asked if he was aware of any other states that
have more restrictive time limitation, say four hours, for
minors temporarily held in an adult facility.
MR. DAVIDSON answered no. When the law passed initially the
State of Alaska requested more time because of rural and weather
conditions, but the expectation for both delinquent minors and
now waived minors is that they are moved immediately to a
juvenile facility. Law enforcement tries to do this because
minors are difficult to accommodate in adult facilities.
4:27:44 PM
CHAIR SHOWER opened public testimony on SB 91; finding none, he
closed public testimony and advised the public to submit written
testimony at ssta@akleg.gov.
4:28:24 PM
CHAIR SHOWER held SB 91 in committee for future consideration.
SB 92-MISSING PERSONS UNDER 21 YEARS OLD
4:28:31 PM
CHAIR SHOWER announced the consideration of SENATE BILL NO. 92
"An Act relating to missing persons under 21 years of age."
He listed the individuals who would testify on behalf of the
administration and those available to answer questions.
4:29:05 PM
KATHRYN MONFREDA, Director, Division of Statewide Services -
CGIS Programs, Department of Public Safety, Anchorage, Alaska,
explained that SB 92 aligns state law to the federal law
regarding reporting missing persons between the ages of 18 and
21.
4:29:35 PM
MS. MONFREDA began a PowerPoint presentation on slide 2. She
related that the 2003 Suzanne's Law and part of the 2006 Adam
Walsh Act collectively require law enforcement agencies to enter
information related to persons under the age of 21 into the
National Crime Information Center (NCIC) data base within two
hours of being reported missing. She advised that these laws
were named after a university student who went missing in 1981
and was never found and a five-year-old boy who was abducted and
murdered in 1981.
MS. MONFREDA reviewed the current statutes that have not been
updated since they were enacted in the mid-1980s. She
paraphrased the following:
• AS 18.65.620 requires reporting missing minors to
the state's Missing Persons Clearinghouse if not
located within 48 hours after first reported
missing
• AS 47.10.141 requires reporting missing minors
into state and national databases no later than
24 hours after completing the missing person
report
• AS 47.10.390 defines 'runaway minor' as a person
under 18 years of age
4:32:24 PM
MS. MONFREDA reviewed the summary of statutory changes proposed
in SB 92 to conform with federal law pertaining to missing
persons under age 21. She paraphrased the following:
• Changes required for AS 47.10.141 and AS
18.65.620 to comply with the two federal laws
regarding
• Entry into state and national databases for
missing persons under age 21 instead of the
state requirement of age 18
• Entry of the records into state and national
databases within 2 hours instead of the
state requirement of 24 hours
MS. MONFREDA paraphrased the current procedures bulleted on
slide 5. The slide read as follows:
• Statewide training for law enforcement is already
in place regarding the more restrictive federal
requirements
• Most state and local law enforcement agencies are
already complying with the more restrictive
federal requirements
• Programming for the state database, Alaska Public
Safety Information Network (APSIN), has already
been completed to allow law enforcement to enter
reports to comply with the more restrictive
federal requirements
MS. MONFREDA paraphrased the benefits of the proposed statutory
changes bulleted on slide 6. The slide read as follows:
• Remove conflicting, less restrictive state
statutory requirements
• Faster state and nationwide notification of
missing person records for those under age 21
• The National Center for Missing and
Exploited Children monitors national
databases and proactively offers assistance
• Improved response for the vulnerable, college-age
population of missing persons
SENATOR KAWASAKI said he appreciates that college age persons
are particularly vulnerable, but he wonders why the bill does
not ensure that missing persons who are older than age 21 and
have a mental illness or dementia are placed on the database.
MS. MONFREDA replied that the practice is to enter missing
persons into the system regardless of age, but federal law
requires missing persons age 21 and younger to be entered.
CHAIR SHOWER asked Ms. Monfreda if she agreed that the committee
could amend the bill to include other missing persons as a state
requirement.
MS. MONFREDA replied that is correct.
CHAIR SHOWER suggested Senator Kawasaki look at amending the
bill to expand the coverage under state law.
4:35:25 PM
MS. MONFREDA paraphrased the following sectional analysis for SB
92:
Section 1: Includes conforming language related to the
duty of law enforcement agencies to reflect changes
made in Section 2.
Section 2: Adds a new subsection to AS 18.65.620,
requiring law enforcement agencies to transmit a
missing person's report for a person under the age of
21 to the Alaska Public Safety Information Network and
the National Crime Information Center as soon as
practicable, but not later than two hours after
completing the report. If the person is later found,
the agency shall remove that information from those
databases as soon as practicable, but not later than
24 hours after learning the person has been located.
Section 3: Contains conforming language to AS
47.10.141, runaway and missing children, to the
changes made in section 2. All reporting procedures
for persons under the age of 21 are moved to AS 18.65,
as amended in Section 2 of the bill.
The bill has no specific effective date and would
become effective 90 days after becoming law.
CHAIR SHOWER again asked for confirmation that if the committee
were to amend the bill to require all missing persons to be
entered into the database, the state would still be perceived as
following federal law.
MS. MONFREDA confirmed that state law can always be more
restrictive than federal law, but not less restrictive.
SENATOR KAWASAKI asked to hear from law enforcement about the
feasibility of small municipalities being able to comply with
the two-hour federal reporting requirement if the bill were
expanded to include all missing persons.
4:38:08 PM
PAUL FUSSEY, Lieutenant, Alaska State Troopers, Department of
Public Safety, Anchorage, Alaska, stated that it does not take
very long to enter information into either the NCIC or APSIN
databases and a dispatcher could be entering the information as
an officer is out looking for the missing person.
SENATOR COSTELLO asked what happens to the information that was
entered into the system after the missing person is found safe.
MS. MONFREDA replied that the information is deleted from the
system after the person is located, but it remains in the log.
4:39:50 PM
CHAIR SHOWER opened public testimony on SB 92; finding none, he
closed public testimony.
4:40:21 PM
CHAIR SHOWER held SB 92 in committee for future consideration.
4:40:41 PM
There being no further business to come before the committee,
Chair Shower adjourned the Senate State Affairs Standing
Committee meeting at 4:40 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 117 Bill v.A.A |
SSTA 4/27/2021 3:30:00 PM |
SB 117 |
| SB 117 fiscal note.pdf |
SSTA 4/27/2021 3:30:00 PM |
SB 117 |
| SB 117 Sectional Analysis 3.31.2021.pdf |
SSTA 4/27/2021 3:30:00 PM |
SB 117 |
| SB 117 Sponsor Statement.pdf |
SSTA 4/27/2021 3:30:00 PM |
SB 117 |
| SB 91 Version 32 GS1576 I.PDF |
SSTA 4/27/2021 3:30:00 PM |
SB 91 |
| SB 91 Transmittal Letter.pdf |
SSTA 4/27/2021 3:30:00 PM |
SB 91 |
| SB 91 Summary of Changes- 32 GS1576 I .pdf |
SSTA 4/27/2021 3:30:00 PM |
SB 91 |
| SB 91 Sectional Analysis Version 32 GS1576 I .pdf |
SSTA 4/27/2021 3:30:00 PM |
SB 91 |
| SB 91 Fiscal Note DPS.pdf |
SSTA 4/27/2021 3:30:00 PM |
SB 91 |
| SB 91 Fiscal Note DHS.pdf |
SSTA 4/27/2021 3:30:00 PM |
SB 91 |
| SB 91 Fiscal Note COR.pdf |
SSTA 4/27/2021 3:30:00 PM |
SB 91 |
| SB 92 Sectional Analysis v. A 04.07.21.pdf |
SSTA 4/27/2021 3:30:00 PM |
SB 92 |
| SB 92 Sponsor Statement 04.07.21.pdf |
SSTA 4/27/2021 3:30:00 PM |
SB 92 |
| SB 92 HSS Fiscal Note 04.07.21.pdf |
SSTA 4/27/2021 3:30:00 PM |
SB 92 |
| SB 92 DPS Presentation 04.27.21.pdf |
SSTA 4/27/2021 3:30:00 PM |
SB 92 |
| SB 92 DPS Fiscal Note 04.07.21.pdf |
SSTA 4/27/2021 3:30:00 PM |
SB 92 |
| SB 92 Additional Statistics.pdf |
SSTA 4/27/2021 3:30:00 PM |
SB 92 |
| SB 31 - Sectional Analysis.pdf |
SSTA 4/27/2021 3:30:00 PM |
SB 31 |
| SB 31 - Sponsor Statement.pdf |
SSTA 4/27/2021 3:30:00 PM |
SB 31 |
| SB 31 Bill v.A.A |
SSTA 4/27/2021 3:30:00 PM |
SB 31 |
| SB 92 DPS Presentation REVISED.pdf |
SSTA 4/27/2021 3:30:00 PM |
SB 92 |