Legislature(2021 - 2022)BUTROVICH 205
03/30/2021 03:30 PM Senate STATE AFFAIRS
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ALASKA STATE LEGISLATURE SENATE STATE AFFAIRS STANDING COMMITTEE March 30, 2021 3:33 p.m. MEMBERS PRESENT Senator Mike Shower, Chair Senator Lora Reinbold, Vice Chair (via Teams) Senator Mia Costello (via Teams) Senator Roger Holland (via Teams) Senator Scott Kawasaki (via Teams) MEMBERS ABSENT All members present COMMITTEE CALENDAR CONFIRMATION HEARING(S) Alaska Police Standards Council Jennifer L. Winkelman - Juneau - CONFIRMATION ADVANCED Military Appeals Commission John Pharr - Anchorage - CONFIRMATION ADVANCED SENATE BILL NO. 95 "An Act relating to the right of first refusal of a volunteer search and rescue group with respect to surplus state property." - MOVED CSSB 95(STA) OUT OF COMMITTEE SENATE BILL NO. 39 "An Act relating to elections; relating to voter registration; relating to ballots and a system of tracking and accounting for ballots; establishing an election offense hotline; designating as a class A misdemeanor the collection of ballots from other voters; designating as a class C felony the intentional opening or tampering with a sealed ballot, certificate, or package of ballots without authorization from the director of the division of elections; and providing for an effective date." - SCHEDULED BUT NOT HEARD PREVIOUS COMMITTEE ACTION BILL: SB 95 SHORT TITLE: SEARCH AND RESCUE SURPLUS STATE PROPERTY SPONSOR(s): SENATOR(s) WILSON 03/03/21 (S) READ THE FIRST TIME - REFERRALS 03/03/21 (S) STA, FIN 03/16/21 (S) STA AT 3:30 PM BUTROVICH 205 03/16/21 (S) Heard & Held 03/16/21 (S) MINUTE(STA) 03/30/21 (S) STA AT 3:30 PM BUTROVICH 205 WITNESS REGISTER JENNIFER WINKELMAN, Appointee Alaska Police Standards Council (APSC) Department of Public Safety (DPS) Juneau, Alaska POSITION STATEMENT: Testified as appointee to the Alaska Police Standards Council (APSC). JOHN PHARR, Appointee Military Appeals Commission Department of Military & Veterans Affairs (DMVA) Anchorage, Alaska POSITION STATEMENT: Testified as appointee to the Military Appeals Commission. SENATOR DAVID WILSON Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Sponsor of SB 95. JASMINE MARTIN, Staff Senator David Wilson Alaska State Legislature Juneau, Alaska POSITION STATEMENT: JAMES STOLPE, Fire Chief Petersburg Volunteer Fire Department Petersburg, Alaska POSITION STATEMENT: Testified in support of SB 95. ACTION NARRATIVE 3:33:42 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 Reinbold, Costello, Kawasaki, Holland, (all via Teams), and Chair Shower. He read the remote meeting protocols, including the roll call that showed the following: SENATOR REINBOLD, Capitol room 427, SENATOR COSTELLO, Capitol room 119, SENATOR HOLLAND Capitol room 113, SENATOR KAWASAKI, Capitol room 7, and CHAIR SHOWER in the Butrovich room, Capitol 205. ^CONFIRMATION HEARING(S) CONFIRMATION HEARING(S) Alaska Police Standards Council Military Appeals Commission 3:36:55 PM CHAIR SHOWER announced the consideration of Governor Appointees to Boards and Commissions. He stated his intention to hear from all the nominees referred to the Senate State Affairs Standing Committee. CHAIR SHOWER asked Jennifer Winkelman to introduce herself, provide a brief overview, and tell the committee why she would like to continue to serve on the Alaska Police Standards Council. 3:37:58 PM JENNIFER WINKELMAN, Appointee, Alaska Police Standards Council (APSC), Department of Public Safety (DPS), Juneau, Alaska, stated she currently serves as Director of Pretrial, Probation and Parole in the Department of Corrections (DOC). She related that she earned a degree in criminal justice from the University of Alaska Fairbanks (UAF). She has been with the Department of Corrections in both the field and the institution for more than 20 years. She wanted to continue to serve on the board because it is a privilege, and because it is a little outside her professional comfort zone. She said she recognizes the challenges of law enforcement and appreciates the need to maintain professionalism in training and hiring. MS. WINKELMAN said she enjoys serving on the council because it gives her a voice in ensuring that Alaska is operating under best practices and allows her to play a part in restoring faith in law enforcement. She has served on the council for a little over two years and she believes her experience and personality will continue to be an asset to the council. She said she has been fair and impartial in her deliberations that impact officers and communities. In response to Senator Shower's general questions for applicants, she responded that she does not have a criminal record, conflicts of interest, or skeletons in the closet and she has reviewed and is familiar with the state's ethics policy. 3:40:40 PM CHAIR SHOWER noted the current strife nationwide over policing methods and asked if she had any ideas or strategies that might help make things better. MS. WINKELMAN said the council is going through a substantial review of the regulations to ensure that training and certifications are meeting best practices. Personally, she has been reviewing regulations to ensure they are specific where needed and that they meet the needs of all community members who interact with law enforcement. CHAIR SHOWER asked if the council would generate a report on the regulation changes so the legislature will know what changes are made. MS. WINKELMAN said she didn't know if there would be a report, but the council is working on the regulation package and it is posted on the website. The council will consider all the public comment and work to produce the regulations that will go through the legislature. CHAIR SHOWER said he asked because some law enforcement officers do not believe the information is communicated widely enough for the public to understand the policies regarding use of force and other issues. He asked whether the legislature could help get the word out and ensure transparency in policing policies. 3:44:26 PM SENATOR HOLLAND said he appreciates that she was able to step outside her comfort zone to serve on the council initially. He asked if she had an example of thinking outside the box. MS. WINKELMAN answered that many things were implemented during COVID-19 to meet the needs of those being supervised in corrections and still enforce probation and parole conditions. She specifically mentioned virtual supervision and meetings. SENATOR REINBOLD said she heard from Ms. Winkelman in the Judiciary Committee and gives her a thumbs up. "I think you're exceptional for the position and thank you for being willing to serve." SENATOR KAWASAKI commented on Ms. Winkelman's distinguished qualities. 3:47:49 PM CHAIR SHOWER opened public testimony on the appointment of Jennifer Winkelman to the Alaska Police Standards Council; finding none, he closed public testimony. CHAIR SHOWER asked John Pharr to introduce himself, provide a brief overview, and tell the committee why he would like to serve on the Military Appeals Commission. 3:48:37 PM JOHN PHARR, Appointee, Military Appeals Commission, Department of Military & Veterans Affairs (DMVA), Anchorage, Alaska, stated that he has practiced law for 43 years and regards it as a privilege to use his skills to help people. He said his military career developed alongside his legal career. After active duty, he joined the reserves and entered the private practice of law. He retired from the reserves as a lieutenant colonel after 20 years. Because the military has been such a major factor in his life, he said he would be thrilled to give back by serving on the Military Appeals Commission. CHAIR SHOWER asked if he had any conflicts of interest or ethical or criminal issues that might create a problem with service on the commission. MR. PHARR replied he did not know of any conflicts of interest, he had no criminal convictions, ethical issues, or skeletons in the closet, and he had reviewed the ethics policy. CHAIR SHOWER said he asks the questions of all nominees as part of the due diligence. SENATOR HOLLAND offered his belief that Mr. Pharr was a good candidate for the Military Appeals Commission. He thanked him for his military and legal service and for stepping up for this service. 3:53:57 PM CHAIR SHOWER opened public testimony on the appointment of John Pharr to the Military Appeals Commission; finding none, he closed public testimony. 3:54:45 PM SENATOR REINBOLD stated that in accordance with AS 39.05.080, the Senate State Affairs Standing Committee reviewed the following and recommends the appointments be forwarded to a joint session for consideration: Alaska Police Standards Council Jennifer L. Winkelman - Juneau Military Appeals Commission John Pharr - Anchorage Signing the reports regarding appointments to boards and commissions in no way reflects individual members' approval or disapproval of the appointees; the nominations are merely forwarded to the full legislature for confirmation or rejection. CHAIR SHOWER found no objection and the names were forwarded. SB 95-SEARCH AND RESCUE SURPLUS STATE PROPERTY 3:55:30 PM CHAIR SHOWER announced the consideration of SENATE BILL NO. 95, "An Act relating to the right of first refusal of a volunteer search and rescue group with respect to surplus state property." He noted the sponsor brought two amendments. 3:56:33 PM CHAIR SHOWER moved to adopt Amendment 1, work order 32- LS0593\B.1, and objected for discussion purposes. 32-LS0593\B.1 Bannister 3/12/21 AMENDMENT 1 OFFERED IN THE SENATE TO: SB 95 Page 1, line 10, following "surplus": Insert "state" Page 1, line 13, following "surplus": Insert "state" 3:57:06 PM SENATOR DAVID WILSON, Alaska State Legislature, Juneau, Alaska, sponsor of SB 95, said his staff would provide a detailed explanation of both amendments. 3:57:30 PM JASMINE MARTIN, Staff, Senator David Wilson, Alaska State Legislature, Juneau, Alaska, explained that Amendment 1 adds the word "state" following the word "surplus" on page 1, lines 10 and 13 to clarify that the bill only applies to state property. 3:58:14 PM CHAIR SHOWER removed his objection; finding no further objection, Amendment 1 was adopted. 3:58:28 PM CHAIR SHOWER moved to adopt Amendment 2, work order 32- LS0593\B.3, and objected for discussion purposes. 32-LS0593\B.3 Bannister 3/12/21 AMENDMENT 2 OFFERED IN THE SENATE TO: SB 95 Page 1, line 2, following "to": Insert "obsolete or" 3:58:41 PM MS. MARTIN explained that Amendment 2 adds the term "obsolete or" following the term "to" on page 1, line 2 to make the title conform more completely with the language of the bill. 3:59:08 PM CHAIR SHOWER removed his objection; finding no further objection Amendment 2 passed. SENATOR KAWASAKI asked if the state is required to dispose of state property to the highest bidder. MS. MARTIN answered that generally property goes on the online auction site and sometimes there is a buy it now price. She acknowledged that she did not know all the nuances. SENATOR KAWASAKI asked if a search and rescue group that has "first right of refusal" would be specifically notified of relevant surplus property that is going to be posted on the online auction site. 4:00:49 PM SENATOR D. WILSON answered that the search and rescue entities would have the right of first refusal without having to go to the bidding process. The department expects it to be a first come first serve situation and does not expect a large number of entities would be competing for the equipment. The idea is to provide the opportunity for the entities to buy the used equipment at fair market value. Regulations will be written to allow this. SENATOR HOLLAND asked what criteria qualifies an entity for the right of first refusal to purchase obsolete or surplus property. MS. MARTIN answered that it has to be a group of volunteers that are organized to provide search and rescue services. The idea is to make the definition broad enough to capture the diverse search and rescue organizations, but narrow enough to keep random individuals from qualifying. The Department of Administration (DOA) supports the definition. SENATOR HOLLAND offered his understanding that the organizations would go directly to DOA to qualify. MS. MARTIN said that is correct. 4:04:30 PM CHAIR SHOWER opened public testimony on SB 95. 4:04:45 PM JAMES STOLPE, Fire Chief, Petersburg Volunteer Fire Department, Petersburg, Alaska, stated wholehearted support for SB 95. This gives groups that do not have much money an opportunity to purchase used equipment that serves a purpose. He thanked the sponsors and the committee for hearing the bill. 4:05:40 PM CHAIR SHOWER closed public testimony on SB 95. 4:05:52 PM SENATOR REINBOLD moved to report SB 95, work order 32-LS0593\B as amended, from committee with [individual recommendations] and attached fiscal note(s). CHAIR SHOWER found no objection and CSSB 95(STA) was reported from the Senate State Affairs Standing Committee. 4:06:42 PM There being no further business to come before the committee, Chair Shower adjourned the Senate State Affairs Standing Committee meeting at 4:06 p.m.