Legislature(2021 - 2022)BUTROVICH 205

03/30/2021 03:30 PM STATE AFFAIRS

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Audio Topic
03:33:42 PM Start
03:36:55 PM Confirmation Hearing(s)
03:55:30 PM SB95
04:06:42 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Bills Previously Heard/Scheduled:
+= SB 39 BALLOT CUSTODY/TAMPERING; VOTER REG; MAIL TELECONFERENCED
Scheduled but Not Heard
-- Testimony <Invitation Only> --
+= SB 95 SEARCH AND RESCUE SURPLUS STATE PROPERTY TELECONFERENCED
Moved CSSB 95(STA) Out of Committee
-- Public Testimony --
+ Governor's Appointees TELECONFERENCED
**Streamed live on AKL.tv**
                    ALASKA STATE LEGISLATURE                                                                                  
            SENATE STATE AFFAIRS STANDING COMMITTEE                                                                           
                         March 30, 2021                                                                                         
                           3:33 p.m.                                                                                            
                                                                                                                                
                             DRAFT                                                                                            
                                                                                                                                
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)                                                                                          
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified as appointee to the Alaska Police                                                               
Standards Council (APSC).                                                                                                       
                                                                                                                                
JOHN PHARR, Appointee                                                                                                           
Military Appeals Commission                                                                                                     
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 capitol room 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), 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 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 her 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, 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.                                                                                                  

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