04/07/2016 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SCR16 | |
| SB123 | |
| SCR20 | |
| SB6 | |
| SB24 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | SCR 16 | TELECONFERENCED | |
| + | SB 123 | TELECONFERENCED | |
| + | SCR 20 | TELECONFERENCED | |
| + | SB 6 | TELECONFERENCED | |
| + | SB 24 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
April 7, 2016
8:06 a.m.
MEMBERS PRESENT
Representative Bob Lynn, Chair
Representative Wes Keller, Vice Chair
Representative Louise Stutes
Representative David Talerico
Representative Liz Vazquez
Representative Jonathan Kreiss-Tomkins
Representative Ivy Spohnholz
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CS FOR SENATE CONCURRENT RESOLUTION NO. 16(STA)
Urging the Governor to designate a location for a special
session of the Twenty-Ninth Alaska State Legislature, if called
after adjournment of the Second Regular Session of the Twenty-
Ninth Alaska State Legislature, that is in a community on the
state's road system.
- MOVED CSSCR 16(STA) OUT OF COMMITTEE
CS FOR SENATE BILL NO. 123(JUD)
"An Act relating to the bail forfeiture schedule and the penalty
for the use of electronic devices while driving; and providing
for an effective date."
- MOVED CSSB 123(JUD) OUT OF COMMITTEE
SENATE CONCURRENT RESOLUTION NO. 20
Proclaiming April 2016 as Sexual Assault Awareness Month.
- MOVED SCR 20 OUT OF COMMITTEE
CS FOR SENATE BILL NO. 6(FIN)
"An Act exempting the state from daylight saving time;
petitioning the United States Department of Transportation to
change the time zones of Alaska; and providing for an effective
date."
- MOVED HCS CSSB 6(STA) OUT OF COMMITTEE
CS FOR SENATE BILL NO. 24(JUD)
"An Act relating to the applicability of the Legislative Ethics
Act to legislative interns, legislative volunteers, legislative
consultants, legislative independent contractors, sole
proprietorships, and other legal entities."
- MOVED CSSB 24(JUD) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SCR 16
SHORT TITLE: SPECIAL SESSION TO BE HELD ON ROAD SYSTEM
SPONSOR(s): SENATOR(s) STOLTZE
04/18/15 (S) READ THE FIRST TIME - REFERRALS
04/18/15 (S) STA
03/15/16 (S) STA AT 9:00 AM FAHRENKAMP 203
03/15/16 (S) Heard & Held
03/15/16 (S) MINUTE (STA)
03/24/16 (S) STA AT 9:00 AM BUTROVICH 205
03/24/16 (S) Moved CSSCR 16(STA) Out of Committee
03/24/16 (S) MINUTE (STA)
03/25/16 (S) STA RPT CS 3DP 1NR NEW TITLE
03/25/16 (S) DP: STOLTZE, COGHILL, HUGGINS
03/25/16 (S) NR: WIELECHOWSKI
03/30/16 (S) TRANSMITTED TO (H)
03/30/16 (S) VERSION: CSSCR 16(STA)
03/31/16 (H) READ THE FIRST TIME - REFERRALS
03/31/16 (H) STA
04/07/16 (H) STA AT 8:00 AM CAPITOL 106
BILL: SB 123
SHORT TITLE: USE OF ELECTRONIC DEVICES WHILE DRIVING
SPONSOR(s): SENATOR(s) MEYER
01/19/16 (S) PREFILE RELEASED 1/8/16
01/19/16 (S) READ THE FIRST TIME - REFERRALS
01/19/16 (S) STA, JUD
02/13/16 (S) STA AT 10:00 AM BUTROVICH 205
02/13/16 (S) Heard & Held
02/13/16 (S) MINUTE (STA)
02/16/16 (S) STA AT 9:00 AM BUTROVICH 205
02/16/16 (S) Moved SB 123 Out of Committee
02/16/16 (S) MINUTE (STA)
02/17/16 (S) STA RPT 3DP 2NR
02/17/16 (S) DP: COGHILL, HUGGINS, MCGUIRE
02/17/16 (S) NR: STOLTZE, WIELECHOWSKI
02/22/16 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/22/16 (S) Heard & Held
02/22/16 (S) MINUTE (JUD)
02/24/16 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/24/16 (S) Moved CSSB 123(JUD) Out of Committee
02/24/16 (S) MINUTE (JUD)
02/26/16 (S) JUD RPT CS 3DP NEW TITLE
02/26/16 (S) DP: MCGUIRE, COGHILL, COSTELLO
03/16/16 (S) TRANSMITTED TO (H)
03/16/16 (S) VERSION: CSSB 123(JUD)
03/18/16 (H) READ THE FIRST TIME - REFERRALS
03/18/16 (H) STA, JUD
04/07/16 (H) STA AT 8:00 AM CAPITOL 106
BILL: SCR 20
SHORT TITLE: SEXUAL ASSAULT AWARENESS MONTH: APRIL 2016
SPONSOR(s): SENATOR(s) MEYER
02/22/16 (S) READ THE FIRST TIME - REFERRALS
02/22/16 (S) STA
03/01/16 (S) STA AT 8:30 AM BUTROVICH 205
03/01/16 (S) Moved SCR 20 Out of Committee
03/01/16 (S) MINUTE (STA)
03/02/16 (S) STA RPT 4DP
03/02/16 (S) DP: STOLTZE, COGHILL, HUGGINS,
WIELECHOWSKI
03/16/16 (S) TRANSMITTED TO (H)
03/16/16 (S) VERSION: SCR 20
03/18/16 (H) READ THE FIRST TIME - REFERRALS
03/18/16 (H) STA
04/07/16 (H) STA AT 8:00 AM CAPITOL 106
BILL: SB 6
SHORT TITLE: ELIMINATE DAYLIGHT SAVING TIME
SPONSOR(s): SENATOR(s) MACKINNON
01/21/15 (S) PREFILE RELEASED 1/9/15
01/21/15 (S) READ THE FIRST TIME - REFERRALS
01/21/15 (S) STA, FIN
02/10/15 (S) STA AT 9:00 AM BUTROVICH 205
02/10/15 (S) Moved SB 6 Out of Committee
02/10/15 (S) MINUTE (STA)
02/11/15 (S) STA RPT 5DP
02/11/15 (S) DP: STOLTZE, COGHILL, HUGGINS, MCGUIRE,
WIELECHOWSKI
02/24/15 (S) FIN AT 9:00 AM SENATE FINANCE 532
02/24/15 (S) Departments: Environmental Conservation
and
03/03/15 (S) FIN AT 9:00 AM SENATE FINANCE 532
03/03/15 (S) Departments: Environmental Conservation
and
03/04/15 (S) FIN RPT CS 5DP 2NR NEW TITLE
03/04/15 (S) DP: KELLY, MACKINNON, MICCICHE, BISHOP,
HOFFMAN
03/04/15 (S) NR: DUNLEAVY, OLSON
03/11/15 (S) TRANSMITTED TO (H)
03/11/15 (S) VERSION: CSSB 6(FIN)
03/12/15 (H) READ THE FIRST TIME - REFERRALS
03/12/15 (H) STA
03/16/15 (H) FIN REFERRAL ADDED AFTER STA
04/02/15 (H) STA AT 8:00 AM CAPITOL 106
04/02/15 (H) -- MEETING CANCELED --
04/09/15 (H) STA AT 8:00 AM CAPITOL 106
04/09/15 (H) Heard & Held
04/09/15 (H) MINUTE (STA)
10/30/15 (H) STA AT 7:30 AM BELTZ 105 (TSBldg)
10/30/15 (H) <Work Session on above Bill>
02/11/16 (H) STA AT 8:00 AM CAPITOL 106
02/11/16 (H) -- MEETING CANCELED --
04/07/16 (H) STA AT 8:00 AM CAPITOL 106
BILL: SB 24
SHORT TITLE: LEGIS. ETHICS ACT: CONTRACTORS, INTERNS
SPONSOR(s): SENATOR(s) GARDNER
01/21/15 (S) READ THE FIRST TIME - REFERRALS
01/21/15 (S) STA, JUD
03/05/15 (S) STA AT 9:00 AM BUTROVICH 205
03/05/15 (S) Scheduled but Not Heard
03/12/15 (S) STA AT 8:00 AM BUTROVICH 205
03/12/15 (S) Heard & Held
03/12/15 (S) MINUTE (STA)
03/31/15 (S) STA AT 9:00 AM BUTROVICH 205
03/31/15 (S) Moved SB 24 Out of Committee
03/31/15 (S) MINUTE (STA)
04/01/15 (S) STA RPT 2DP 2NR
04/01/15 (S) DP: COGHILL, MCGUIRE
04/01/15 (S) NR: STOLTZE, HUGGINS
02/24/16 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/24/16 (S) Heard & Held
02/24/16 (S) MINUTE (JUD)
02/29/16 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/29/16 (S) Moved CSSB 24(JUD) Out of Committee
02/29/16 (S) MINUTE (JUD)
03/02/16 (S) JUD RPT CS 3DP 2NR NEW TITLE
03/02/16 (S) DP: MCGUIRE, COSTELLO, COGHILL
03/02/16 (S) NR: WIELECHOWSKI, MICCICHE
04/01/16 (S) TRANSMITTED TO (H)
04/01/16 (S) VERSION: CSSB 24(JUD)
04/04/16 (H) READ THE FIRST TIME - REFERRALS
04/04/16 (H) STA, JUD
04/07/16 (H) STA AT 8:00 AM CAPITOL 106
WITNESS REGISTER
SENATOR BILL STOLTZE
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented SCR 16 as prime sponsor.
SENATOR KEVIN MEYER
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented CSSB 123 as prime sponsor.
EDRA MORLEDGE, Staff
Senator Kevin Meyer
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on
CSSB 123, on behalf of Senator Meyer, prime sponsor.
LIEUTENANT DAVID HANSON
Alaska State Troopers
Department of Public Safety
Anchorage, Alaska
POSITION STATEMENT: During the hearing on SB 123, answered
questions.
SENATOR KEVIN MEYER
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented SCR 20 as prime sponsor.
LAUREE MORTON, Executive Director
Council on Domestic Violence and Sexual Assault (CDVSA)
Juneau, Alaska
POSITION STATEMENT: Testified during the hearing on SCR 20.
ERIN SHINE, Staff
Senator Anna MacKinnon
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Offered testimony and answered questions
during the hearing on SB 6, on behalf of Senator MacKinnon,
prime sponsor.
SUSIE SHUTTS, Attorney
Legislative Legal Counsel
Legislative Legal and Research Services
Legislative Affairs Agency (LAA)
Juneau, Alaska
POSITION STATEMENT: During the hearing on SB 6, answered
questions.
SENATOR BERTA GARDNER
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented SB 24 as prime sponsor.
JERRY ANDERSON, Administrator
Select Committee on Legislative Ethics
Anchorage, Alaska
POSITION STATEMENT: During the hearing on SB 24, testified and
answered questions.
ACTION NARRATIVE
8:06:45 AM
CHAIR BOB LYNN called the House State Affairs Standing Committee
meeting to order at 8:06 a.m. Representatives Keller, Vazquez,
Talerico, Stutes, and Chair Lynn were present at the call to
order. Representatives Spohnholz and Kreiss-Tompkins arrived as
the meeting was in progress.
SCR 16-SPECIAL SESSION TO BE HELD ON ROAD SYSTEM
8:07:02 AM
CHAIR LYNN announced that the first order of business would be
CS FOR SENATE CONCURRENT RESOLUTION NO. 16(STA), Urging the
Governor to designate a location for a special session of the
Twenty-Ninth Alaska State Legislature, if called after
adjournment of the Second Regular Session of the Twenty-Ninth
Alaska State Legislature, that is in a community on the state's
road system.
8:07:35 AM
SENATOR BILL STOLTZE, Alaska State Legislature, as prime
sponsor, advised that SCR 16 is a specific resolution addressing
a non-binding, one time circumstance the legislature is
currently facing with the capitol renovation beginning at the
time of the statutory 90-day limit. He said the governor
advised he would call a special session related to a state
income tax and other weighty issues. In the event the
legislature extends longer than its 90-day limit, the resolution
reads that the legislature would meet "somewhere on the road
system," and legislators could make that decision should it
become necessary. He opined it would be irresponsible for the
legislature to continue its work during the renovations, because
the state could pay penalties if it impedes construction. He
described the proposed concurrent resolution as a non-binding,
registered, official voice of the legislature.
8:12:16 AM
REPRESENTATIVE VAZQUEZ commented that the intent of the
resolution is excellent because construction will soon begin,
and there are safety issues, and financial penalty issues. On a
personal basis, she said having the session in Anchorage is cost
effective and that the fiscal note should indicate the savings.
It is economical to meet on the road system with 21 House
representatives living in the Anchorage bowl area, she said.
8:13:50 AM
REPRESENTATIVE KELLER moved to report CSSCR 16(STA) out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection CSSCR 16(STA) out of the
House State Affairs Standing Committee.
8:14:16 AM
The committee took an at-ease from 8:14 a.m. to 8:16 a.m.
SB 123-USE OF ELECTRONIC DEVICES WHILE DRIVING
8:16:28 AM
CHAIR LYNN announced that the next order of business would be CS
FOR SENATE BILL NO. 123(JUD), "An Act relating to the bail
forfeiture schedule and the penalty for the use of electronic
devices while driving; and providing for an effective date."
8:16:43 AM
SENATOR KEVIN MEYER, Alaska State Legislature, as prime sponsor
of SB 123, advised that Anchorage recently passed an ordinance
to lower the penalty for texting while driving from a class A
misdemeanor to a $500 fine or citation. This bill attempts to
turn the Anchorage ordinance into a statewide law. He
indicated that under SB 123, the current law is not being
enforced, and he posited that the $500 fine would provide a
stronger deterrent against drivers' texting while operating a
motor vehicle.
CHAIR LYNN asked Senator Meyer to confirm he is saying that the
proposed lowering of the violation from a misdemeanor to a $500
fine would make it less likely drivers would text while driving.
SENATOR MEYER explained that in order to prosecute a class A
misdemeanor, a search warrant must be served to obtain the cell
phone, then the content of the cell phone must be investigated,
and offered that trying the case in a court of law is expensive,
time consuming, and hard to prove. For example, he said, the
current law in Anchorage was passed in 2011, only 20 individuals
were charged over that four year period, and only four of those
individuals were actually convicted. Therefore, he pointed out,
current law does not work, yet the ordinance passed in Anchorage
appeared to work when it went to a violation or fine, such as a
speeding ticket. He stressed that no other provision of current
law will be changed, such that if someone is texting, gets into
an accident and causes serious harm, injury, or death, the
individual will suffer the higher penalty. The intent of this
bill is to try to prevent a serious accident from taking place,
he advised.
CHAIR LYNN asked whether it is difficult for law enforcement to
observe texting taking place in another vehicle.
SENATOR MEYER responded that it is possible to see people
texting while they are driving, and [texting while driving] is
unsafe.
8:20:29 AM
REPRESENTATIVE VAZQUEZ said she supports the intent of the bill,
although she expressed concern regarding individuals caught
texting three or four times, and suggested increasing the
penalty if they are caught texting over two times.
SENATOR MEYER replied that he had not considered multiple
violations, but if someone is picked up multiple times, they
have potentially spent $2,000, which one would hope was a
deterrent. He reiterated that currently people texting are not
being pulled over at all.
8:22:19 AM
EDRA MORLEDGE, Staff, Senator Kevin Meyer, Alaska State
Legislature, answered that Senator Meyer's office did not
contemplate habitual offenders, and she deferred to Lieutenant
David Hanson. She said she was unsure whether there is latitude
for officers to charge under a different statute, such as
reckless endangerment, and whether dispatch could look up a
person's driving record while he/she is pulled over.
8:22:54 AM
LIEUTENANT DAVID HANSON, Alaska State Troopers, Department of
Public Safety, advised he has been with the Alaska State
Troopers for 22 years, and he is the current deputy commander of
the Alaska Bureau of Highway Patrol overseeing activity of
patrol troopers dedicated to working in the safety corridors and
special events around the state.
LIEUTENANT HANSON, in response to a question from Chair Lynn,
advised that he reviewed the case records from 2012 through
2015, and the Department of Public Safety (DPS) initiated a
total of 69 cases involving texting, operating a screen device,
or otherwise driving while distracted in a motor vehicle. Of
the 69 cases, 17 were charged under 13 AAC 02.495(c), which he
described as a catch-all regulation addressing drivers
distracted by something in the vehicle, such as a small dog,
trying to eat, operating an electronic device, or applying
makeup, for example. He advised the other 52 cases were charged
under AS 28.35.161, which specifically addressing prohibiting
screen devices, which is roughly 13 cases each year. Troopers
are less likely to charge an individual with a class A
misdemeanor under AS 28.35.161, burden of proof requirements in
criminal proceedings, evidence the driver was distracted by a
screen device. Whereas, he pointed out, the trooper might have
an in-car video that would capture bad driving, such as weaving
within the lane, abrupt braking, or slow or erratic speeds.
LIEUTENANT HANSON offered that it is oftentimes difficult and
unsafe for the trooper to attempt to document a driver texting
or using his/her phone for a reason that violates the statutory
definition. The trooper would then appear in a criminal trial
with little or no physical evidence. He offered, reducing the
crime to a violation allows a trooper to observe an offense such
as, a driver running a stop sign or making an illegal lane
change, and simply cite them into court. He related that SB 123
would still allow a due process option and encourage law
enforcement to contact more drivers observed committing this
offense to educate them on the dangers of texting and driving,
and take an appropriate enforcement action.
8:25:55 AM
CHAIR LYNN reiterated his question previously asked of Senator
Meyer regarding the difficulty in looking into someone's car and
observing the driver texting.
LIEUTENANT HANSON replied that it is not that difficult. The
question becomes whether that person is dialing a phone number,
which they are allowed to do under current law, or if he/she is
texting. He noted that in the case of a larger screen being
held in front of the person, it is not difficult for the trooper
to see text bubbles, which indicate texting. Many times the
troopers will see people looking down into their laps and drive
erratically or slowly within a lane, and it takes 30-60 seconds
of investigation while driving next to a vehicle to see what is
going on and whether the driver is being distracted by
something. In reality, he said, if a person is dialing a phone,
it takes a couple of seconds, especially with the hands free
features, and there is no need to be distracted by the screen
device for any length of time.
8:27:43 AM
REPRESENTATIVE VAZQUEZ said she agrees with the intent of the
bill and opined that as written, she could imagine that many law
enforcement officers don't bother due to the requirements of a
misdemeanor, especially when moving on to a robbery or an
assault. She noted the burden of proof is higher when charging
someone with reckless driving; this statute would make it easy
if they are texting; and more people will be cited if it is a
violation. She referred to her concern with the individual with
two or four violations on the books, and said she would like to
see a bigger hammer for those people habitually texting.
8:30:35 AM
LIEUTENANT HANSON agreed that subsequent offenses could be more
difficult to figure out, such as "if one hammer doesn't work,
will a second hammer work?" He opined that if troopers are able
to stop more people and $500 fines are issued, most people will
be significantly affected and hopefully stop this behavior. He
suggested that the point system may work, because eventually the
person would receive an administrative action from the Division
of Motor Vehicles, which could adversely affect the person's car
insurance. The issue of the violation becoming a misdemeanor at
some point would be difficult, because depending on where a
person is in the process with his/her prior activity, the Alaska
Public Safety Information Network (APSIN) might not have the
information. He then clarified that the revenue from the
citations go into the general fund. Speaking from an
enforcement point of view and his own experiences, he suggested
that the point system would probably be the deterrent
Representative Vazquez is looking for without elevating this to
a reckless driving level. For example, if a $500 fine and a
four point offense were imposed, he opined that would be a
fairly strong deterrent.
8:33:36 AM
REPRESENTATIVE VAZQUEZ remarked that she likes the idea of added
points, yet the point system of driving under the influence is
fairly Draconian at times and yet there are repeat offenders.
She said she would like to see an amendment adding the point
system as described by Lieutenant Hanson.
8:34:17 AM
SENATOR MEYER noted that the point system is set through
regulation.
MS. MORLEDGE advised that the point system is established by the
Department of Administration, and she would look into amending
SB 123 to direct the department to add [texting while driving]
to the point system.
CHAIR LYNN pointed out that Alaska's late friend, Max Gruenberg,
had a bill addressing the issue in the House State Affairs
Standing Committee some years ago.
REPRESENTATIVE KELLER recommended moving slowly on the point
system regulation, not because it is a bad idea, but to make one
change at a time to allow time on the violation first.
REPRESENTATIVE KREISS-TOMKINS noted that some members of this
committee are also on the next committee of referral, and he
asked whether members could work with Representative Vazquez to
examine options.
REPRESENTATIVE VAZQUEZ remarked that if it is the will of the
committee, the bill should be moved out today to the next
committee of referral.
SENATOR MEYER remarked he looks forward to working with
Representative Vazquez' office on a possible amendment, so that
when the proposed legislation gets to the House Judiciary
Standing Committee, it is ready to go.
8:37:42 AM
The committee took a brief at ease.
8:37:58 AM
REPRESENTATIVE VAZQUEZ moved to report CSSB 123(JUD), labeled
29-LS1198\E out of committee with individual recommendations and
the accompanying fiscal notes. There being no objection, CSSB
123(JUD) passed from the House State Affairs Standing Committee.
8:38:21 AM
The committee took a brief at-ease.
SCR 20-SEXUAL ASSAULT AWARENESS MONTH: APRIL 2016
8:38:25 AM
CHAIR LYNN announced that the next order of business would be
SENATE CONCURRENT RESOLUTION NO. 20, Proclaiming April 2016 as
Sexual Assault Awareness Month.
8:40:40 AM
SENATOR KEVIN MEYER, Alaska State Legislature, as prime sponsor,
explained that SCR 20 is a resolution brought forward every year
to proclaim April as the Sexual Assault Awareness Month. He
described it as part of a national campaign to raise public
awareness about sexual assault and educate communities and
individuals on how to prevent sexual violence. He related he
has been doing this for many years and spent much time during
his Anchorage Assembly days on Stand Together Against Rape
(STAR) and believes this is an important issue.
CHAIR LYNN interjected that if this is done every year, why not
make it permanent, because unfortunately the problem will
continue.
SENATOR MEYER explained that groups prefer to bring the issue
forward each year to put it in front of people, because the
problem will not go away any time soon. Nationwide, sexual
assault statistics continue to be staggering, and regrettably
Alaska is almost 2.5 times higher than the national rate on
sexual assault. Sexual violence is preventable, and he
described it as a social, public health, criminal justice, and
human rights issue. This year, he explained, the 2016 Sexual
Assault Awareness Month campaign is focusing on building blocks
of prevention by communicating how individuals, communities, and
the private sector can take action to promote safety, respect,
and equality.
8:43:43 AM
LAUREE MORTON, Executive Director, Council on Domestic Violence
and Sexual Assault (CDVSA), reiterated that Alaska is above the
national average in sexual assault and there must be ongoing
hard work and daily efforts to end sexual violence. However,
she said the 2013 Alaska Victimization Survey showed, compared
to 2010, a decrease in sexual violence victimization. There
were 3,072 fewer victims of sexual violence in 2015 than in
2010. Acknowledging the good news, she pointed out there is
still much work to do, because in 2010, 58 out of 100 women
suffered intimate partner violence, sexual violence, or both.
In 2015, the number reduced to 50 out of 100 women, which is one
out of every two women in Alaska, and the combination of
intervention and prevention work must continue. She pointed to
SCR 20, page 2, lines 4-7, which read as follows:
WHEREAS, in 2015, first responders from 16
communities--Anchorage, Barrow, Bethel, Cordova,
Dillingham, Eielson Air Force Base, Fairbanks, Fort
Wainwright, Juneau, Kodiak, Kotzebue, Nome, Palmer,
Seward, Unalaska, and Valdez--participated in Sexual
Assault Response Team training; and
MS. MORTON continued that these first responders and advocates
met jointly for training to learn about each other's roles and
how the system can better work in response to victims when they
come forward and progress through forensic exams. She advised
that page 2 of the resolution refers to different primary
prevention activities that communities are taking on to end
sexual violence, such as Girls on the Run, Coaching Boys into
Men, Green Dot, the 4thR, and Compass. Not only is this a
concentrated effort by programs funded across the state with
paid staff, community members are also invested in working with
the programs to end sexual violence. Over the last year, more
than 3,000 people have given their time, energy, and efforts to
this cause by providing over 63,000 hours of service. She said
that Alaska needs to thank the people who day in and day out
answer phone calls at 3:00 a.m., go to the hospital with
victims, and help when a victim is in court, with law
enforcement, or at social services. These people hear the
horrendous things people are capable of doing to one another,
and they continue to come back and work so that someone will be
available when a victim of sexual violence is ready to share
his/her story. Advocates work tirelessly to provide a sense of
dignity and bear witness to these horrible crimes, and they are
owed a great debt of gratitude, she said.
8:48:23 AM
CHAIR LYNN thanked Ms. Morton for her work and the work the
advocates do to make this a better place, and he said there is a
special place in heaven for these folks.
8:48:39 AM
REPRESENTATIVE VAZQUEZ related that while in the district
attorney's office, she saw volunteers firsthand and was
impressed with the type of support they provide to victims.
CHAIR LYNN, after ascertaining no one further wished to testify,
closed public testimony on SCR 20.
8:49:26 AM
REPRESENTATIVE KELLER moved to report SCR 20, out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, SCR 20 was reported out of the
House State Affairs Standing Committee.
8:49:41 AM
The committee took an at-ease from 8:49 a.m. to 8:53 a.m.
SB 6-ELIMINATE DAYLIGHT SAVING TIME
8:53:50 AM
CHAIR LYNN announced that the next order of business would be CS
FOR SENATE BILL NO. 6(FIN) "An Act exempting the state from
daylight saving time; petitioning the United States Department
of Transportation to change the time zones of Alaska; and
providing for an effective date."
CHAIR LYNN explained the bill was heard last year, it was
assigned to a subcommittee, and after hearing testimony from the
sponsor's office, the chair of the subcommittee would present a
report.
8:54:49 AM
ERIN SHINE, Staff, Senator Anna MacKinnon, Alaska State
Legislature, on behalf of Senator MacKinnon, prime sponsor,
related that SB 6 is Senator MacKinnon's second attempt in
trying to eliminate daylight saving time. There have been
multiple changes to the bill, and staff worked with the chair of
the subcommittee on the version before the committee, she said.
8:55:38 AM
REPRESENTATIVE KELLER, as chair of the aforementioned
subcommittee, reported that the subcommittee met during special
session and came up with an elegant compromise, because
businesses had expressed concern in moving to daylight saving
time in that the daylight hours are critical for economics. He
explained the compromise of the committee substitute is that the
bill is switched around and now the primary intent of the bill
is to request that the U.S. Department of Transportation move
all of Alaska onto Pacific Standard Time, which is the same time
as Seattle, Washington.
8:56:35 AM
REPRESENTATIVE KELLER, with regard to the second part of the
bill, explained that if the U.S. Department of Transportation
does put Alaska on Pacific Standard Time, Alaska would eliminate
daylight saving time. He described it as a compromise in that
daylight saving time would go away, but only if Alaska's time
was the same as that of Seattle. The U.S. Department of
Transportation's web site lists its criteria as being for
economic and commercial reasons. Clearly, he pointed out, there
is a commercial benefit to Alaskans, because the sunshine hours
in Alaska change so fast, there are little sunshine hours or a
lot of sunshine depending upon the location.
CHAIR LYNN verified that the above compromise is in a committee
substitute.
8:58:01 AM
REPRESENTATIVE STUTES surmised that if the U.S. Department of
Transportation chooses not to put Alaska on Pacific Standard
Time, then this bill would not be effective.
REPRESENTATIVE KELLER answered that it would be effective in the
sense that Alaska has asked for Pacific Standard Time, but
Representative Stutes is correct in that daylight saving time
would never come into play if the U.S. Department of
Transportation does not put Alaska on Pacific Standard Time.
8:58:26 AM
REPRESENTATIVE SPOHNHOLZ said she noticed that the business
community was not in support of the original bill, and asked
whether it has responded since that time with any additional
information.
REPRESENTATIVE KELLER replied that it is subjective in that
there was a subcommittee public hearing and business entities
were present and interested. Frankly, he said, he has heard
from only one person with concerns, but there was not an
official poll.
REPRESENTATIVE STUTES asked whether this transaction would
happen in tandem, such that Alaska would not go off daylight
saving time without being put on Pacific Standard Time. She
clarified she wants to ascertain that Alaska won't move and then
be told to wait for a response from the U.S. Department of
Transportation.
REPRESENTATIVE KELLER agreed that Representative Stutes is
exactly correct; the intent here is that there is no action on
daylight saving time unless the U.S. Department of
Transportation chooses to put Alaska on Pacific Standard Time.
He opined there is no option, no choice; Alaska would never go
on daylight saving time under this bill.
REPRESENTATIVE STUTES verified that this would affect the entire
State of Alaska and everyone would be on the same time zone.
CHAIR LYNN replied that whatever time zone the state is on, it
would be the same.
9:00:05 AM
REPRESENTATIVE KREISS-TOMKINS asked about the batting average
has been for U.S. Department of Transportation petitions to
change time zones.
MS. SHINE offered that within the last 20 years, it has been
done once when the State of Indiana petitioned to change its
time zone when it adopted daylight saving time. There is
potentially a precedent when changing daylight saving time and
petitioning the U.S. Department of Transportation, she added.
REPRESENTATIVE KREISS-TOMKINS surmised that there had been one
petition that was accepted.
MS. SHINE noted she attempted to call the U.S. Department of
Transportation yesterday, but no one from the department
returned her call to clarify. She offered her understanding
that the one petition was accepted and it did go through the
process.
9:01:37 AM
REPRESENTATIVE KELLER moved to adopt the House committee
substitute (HCS) for CSSB 6(FIN), labeled 29-LS0111\G, Shutts,
1/21/16, as the working document. There being no objection,
Version G was before the committee as the working document.
REPRESENTATIVE KREISS-TOMKINS asked, in terms of the physics of
earth and daylight, the differential between actual daylight and
what Alaska's time zone would be for Western Alaska if all of
Alaska were to successfully petition the U.S. Department of
Transportation to become part of Pacific Standard Time.
MS. SHINE responded that if this bill went into effect and
Alaska received a favorable decision from the U.S. Department of
Transportation to move the entire state to Pacific Standard Time
as Alaska's standard time, this would be the state's time zone.
She explained, that in March, Alaska went to daylight saving
time "and this would then be our standard time when the rest of
the states, there would be 47 that would fall off of daylight
saving time. They would shift back and we would stay on."
Therefore, she said, it would be one hour of daylight in the
evening rather than in the morning.
REPRESENTATIVE KREISS-TOMKINS followed up that across the world
there are time zones that generally correlate with daylight
hours. He pointed to Unalaska and asked, if all of Alaska were
to successfully move to Pacific Standard Time (PST), what the
time zone differential would be for the far western extremes of
Alaska.
MS. SHINE explained that previously, Alaska had four time zones
and it consolidated time zones in the early 1980s. When
determining the zenith of sun times, sun at high noon at each
point in Alaska, the state would probably have five time zone.
Therefore, far Western and Northern Alaska will be potentially
three or four hours off of their sun time. A counter-argument
to being off their sun time is the rate in which daylight is
lost and gained, and she offered to pass a chart to the
committee depicting lost and gained daylight.
9:04:55 AM
REPRESENTATIVE KREISS-TOMKINS asked Ms. Shine whether she had a
sense of other parts of the world where there may be such a
great differential between sun time and time zone.
CHAIR LYNN used the example of Russia.
MS. SHINE remarked she does not have research as to how other
countries have consolidated their time zones potentially into
one that would span three or four hours, but she will look into
it and get back to the committee.
9:05:28 AM
REPRESENTATIVE VAZQUEZ asked the current number of time zones in
Alaska.
MS. SHINE answered that there are two time zones. She related
that the Aleutian Islands are on the Hawaii-Aleutian Standard
Time Zone.
REPRESENTATIVE VAZQUEZ requested information as to how this bill
would affect those two time zones.
MS. SHINE responded they would move forward two hours under the
committee substitute.
REPRESENTATIVE VAZQUEZ asked whether she was speaking about the
Aleutian Islands.
MS. SHINE answered that is correct.
REPRESENTATIVE VAZQUEZ surmised that in moving forward with the
committee substitute, it would add one hour of daylight during
the evening, which would be one hour less of daylight in the
morning.
MS. SHINE agreed. She added that it would only be for the five
months in which the state currently goes back to its standard
time. Under this bill, she explained, if Alaska received a
favorable decision from the U.S. Department of Transportation,
"Alaska would shift to this time zone, and when the rest of the
United States shifted back, we would stay." Therefore, she
further explained, Alaska would have an hour of daylight in the
afternoon and not in the morning.
9:07:13 AM
REPRESENTATIVE VAZQUEZ asked for clarification that there would
be one more hour of daylight throughout the year or just
partially throughout the year.
MS. SHINE answered that it would be throughout the year, but she
clarified that Alaska would be shifting forward, which would be
the state's new standard time. The hour would be at the end of
the day but, she reiterated, the state would lose and gain
daylight at quite a rapid rate in different areas throughout the
state.
9:07:51 AM
REPRESENTATIVE KREISS-TOMKINS suggested exempting the Hawaii-
Aleutian Standard Time from also being shifted two hours, so
basically there would be just be a constant shift for all time
zones rather than that time zone being shifted two hours. He
asked whether the author of the committee substitute had
thoughts on his idea.
REPRESENTATIVE KELLER responded that the committee should hear
from the sponsor of the bill. He opined that Alaskans would be
most affected with regard to commerce and interactions outside
of Alaska.
MS. SHINE pointed out that the first version of trying to
petition the U.S. Department of Transportation included language
stating "all or part of the state." Thereby, giving the U.S.
Department of Transportation discretion in possibly moving part
of the state into Pacific Standard Time (PST). She opined that
this language was included because the sponsor's office had
heard from Southeast Alaska, such that in the 1980s, when Alaska
consolidated to two time zones, Southeast Alaska felt it had
already given up its hour because it was essentially on Pacific
Standard Time. She noted there are concerns with all of the
daylight being in the morning and not in the afternoon, and
concerns with commerce in that if Southeast Alaska were to move
forward and the road system stayed on Alaska Standard Time,
might renew a conversation, in the 1980s, of a potential capitol
move. She said that she has a history of time zones in Alaska
pointing to that issue. The sponsor did, at one point, have all
or part of the state give discretion on how the U.S. Department
of Transportation would draw the time zone lines within the
state, which could end up having two or three time zones, she
said.
9:10:22 AM
REPRESENTATIVE KREISS-TOMKINS clarified that he is interested in
honoring the existing time zone differential with two time
zones. It appears that the consequence of the committee
substitute would be to further consolidate Alaska into one time
zone perhaps to the detriment of the Aleutian Islands. He said
he would like to know what the people living on the Aleutian
Islands think about this proposal.
MS. SHINE explained that it is the process of the U.S.
Department of Transportation to hold hearings throughout the
state and hear from individuals and communities regarding the
time zone question. It would take into consideration how those
in the far reaching Aleutian Islands, as well as the people
living as far north as Barrow, would be affected.
The U.S. Department of Transportation would then make a
recommendation whether to change Alaska's time zones. She
opined there are some communities that prefer to be in one time
zone with the entirety of Alaska, and others communities believe
they could live in their own time zone and it wouldn't affect
them.
CHAIR LYNN related that he would like to see all of Alaska in
one time zone, whatever it may be.
9:11:51 AM
The committee took a brief at ease.
9:12:57 AM
REPRESENTATIVE VAZQUEZ observed an amendment was available that
would provide another trigger point.
9:14:35 AM
REPRESENTATIVE VAZQUEZ moved to adopt Conceptual Amendment 1,
which read as follows:
Page 2, line 9
Delete "on or before January 1, 2027"
Insert "after twenty-five states enact state law
exempting the state from 15 U.S.C. 260(a)"
CHAIR LYNN surmised there would be 25 or 26 states.
REPRESENTATIVE VAZQUEZ clarified that 25 states would have to
opt out.
9:14:49 AM
REPRESENTATIVE KELLER objected for purposes of discussion, and
advised he would like to hear from the sponsor.
9:16:22 AM
MS. SHINE opined that the intent [of SB 6] is that Alaska be
more uniform with at least half of the states. Currently, the
states of Hawaii and Arizona have exempted themselves from 15
U.S.C. 260(a), and she added that research from the National
Conference of State Legislatures (NCSL) last year indicates
there were 19 states considering some form of either eliminating
or adopting daylight saving time. The State of Arizona
continues to introduce the legislation to be uniform with its
surrounding states. She related that it is one more trigger
with one more hurdle, Senator MacKinnon is concerned about
health issues with the switching of daylight saving time going
on and off, which she spoke to last year.
9:16:16 AM
CHAIR LYNN asked whether the sponsor supports Conceptual
Amendment 1.
MS. SHINE answered that she would be cautious in including
something along these lines, because it would be one more hurdle
for the state to get away from (indisc.) the switching of
daylight saving time. She expressed an unwillingness to say
whether Senator MacKinnon did or did not support Conceptual
Amendment 1 without first speaking with her.
REPRESENTATIVE STUTES asked how many states opted out currently.
MS. SHINE reiterated that the states of Arizona and Hawaii have
opted out.
9:17:16 AM
REPRESENTATIVE TALERICO commented that he sees Conceptual
Amendment 1 as a substantial stumbling block in connecting
Alaska with the states of Washington, Oregon, and California in
a time zone. He then referred to the issue of advancing
telemedicine and distance delivery education, and making
[telemedicine] uniform throughout the State of Alaska.
Particularly, connecting with the West Coast, which has huge
advantages plus educational benefits, he pointed out. He asked
whether this might be a substantial delay in order for the
legislature to continue advancing that technology "that we're
all pretty connected with?"
REPRESENTATIVE VAZQUEZ emphasized it would not. She explained
that the Conceptual Amendment 1 would remove the timeframe "on
or before January 1, 2025" and provides another trigger point -
another mechanism if 25 states or more opt out.
9:18:37 AM
CHAIR LYNN asked Representative Vazquez to define "trigger
point."
REPRESENTATIVE VAZQUEZ indicated it is the opting out of 25
states from daylight saving time. She continued that this
provides more flexibility, because it would not necessarily rely
on the U.S. Department of Transportation, rather it would rely
on what 25 states or more may be doing as far as exempting
themselves.
CHAIR LYNN surmised that would potentially make it difficult to
do away with daylight saving time.
REPRESENTATIVE VAZQUEZ opined it would just provide an
alternative; it would not necessarily make it more difficult.
9:19:45 AM
REPRESENTATIVE KELLER maintained his objection to Conceptual
Amendment 1.
9:20:35 AM
A roll call vote was taken. Representative Vasquez voted in
favor of the motion to adopt Conceptual Amendment 1.
Representatives Talerico, Stutes, Keller, Spohnholz, Kreiss-
Tomkins, and Lynn voted against it. Therefore, Conceptual
Amendment 1 failed to be adopted by a vote of 1-6.
9:21:15 AM
REPRESENTATIVE KREISS-TOMKINS introduced Conceptual Amendment 2,
and referred to the previous discussion of a standard shifting
of time zones, specifically the Aleutian Islands. He turned to
SB 6, Version G, page 2, line 8, after the word "state," insert
"currently within Alaska Standard Time".
[The committee treated Conceptual Amendment 2 as having been
moved to be adopted.]
REPRESENTATIVE KELLER objected for discussion, and questioned
whether Conceptual Amendment 2 would put people on the Aleutian
Islands in a position that they have no option.
REPRESENTATIVE KELLER explained the U.S. Department of
Transportation will heed the interests of the people in those
communities as part of the process. He asked whether Conceptual
Amendment 2 would set it up so that the U.S. Department of
Transportation would have only one option, to change the portion
of Alaska in one time zone now. Thereby, he continued, the U.S.
Department of Transportation would not even have the option of
changing those communities in Alaska that are on Hawaii-Aleutian
Standard Time; Conceptual Amendment 2 appears to be limiting.
He stated he does not mind making it permissive, but he doesn't
want to put it in a box. Possibly, he said, it appears
Conceptual Amendment 2 is a limiting amendment in that it would
prevent them from being part of Alaska.
9:23:38 AM
REPRESENTATIVE KREISS-TOMKINS answered that the committee
substitute places "all of the state within the Pacific Standard
Time Zone," and it appears the legislation takes agency away
from those in the far west and taking them even farther away
from sunlight time. This would standardize any transition, he
said. Currently, there are two time zones and both would be
shifted proportionally one hour toward Pacific Standard Time.
The intent, he explained is that while most of Alaska is
shifting one hour toward Pacific Standard Time, those on Hawaii-
Aleutian Standard Time would just shift one hour, rather than
shifting two hours.
9:24:49 AM
REPRESENTATIVE KELLER said he would like to hear from the
sponsor.
CHAIR LYNN asked Representative Kreiss-Tompkins to restate
Conceptual Amendment 2.
REPRESENTATIVE KREISS-TOMKINS restated the wording of Conceptual
Amendment 2.
MS. SHINE surmised that consolidating to one time zone
Conceptual Amendment 2 would give the option to Hawaii-Aleutian
Standard Time of shifting one hour rather than two hours. She
suggested the language that "places all of the state within the
Pacific Standard Time" could read "all or part of the state".
She offered concern in "making the current two time zones have
those hard lines stay." In the event, the Aleutian Islands do
want to be part of the Pacific Standard Time Zone through the
U.S. Department of Transportation community meetings, this
language would potentially prohibit them. She opined that open
language, in the U.S. Department of Transportation petition,
allows the U.S. Department of Transportation to hold those
community meetings, and allows the voices of the communities to
be heard when considering drawing those lines. She reiterated
adding "all or part of the state" to address possible concern
about making the entire state change to Pacific Standard Time.
9:27:05 AM
REPRESENTATIVE KELLER noted that the drafter from Legislative
Legal and Research Services was available online.
REPRESENTATIVE KREISS-TOMKINS said that Ms. Shine is familiar
with the subject matter, and, presumably, had many conversations
over the last year with people across Alaska. He asked the
sentiment of the people in the Aleutian Islands. Based upon Ms.
Shine's suggestion, he said he wondered "if we were to
incorporate that, if that might inadvertently open the door for
time zone boundaries changing beyond what they are now,"
potentially parts of Alaska, such as Dillingham, Bethel, or
Anchorage getting Balkanized into a different time zone.
9:28:21 AM
MS. SHINE agreed that she has had many conversations and would
review her log as to whether her conversations were specifically
with anyone on the Aleutian Islands. She said she will get back
to the committee with that information.
REPRESENTATIVE KREISS-TOMKINS referred to Conceptual Amendment 2
and noted the committee did not know which communities had
spoken out on this issue; which could guide the committee. He
said that Version G appears to put communities in a box and take
away their prerogative to maintain their current relationship
with daylight. Whereas, he continued, Conceptual Amendment 2
would take a more conservative approach in maintaining the
status quo and effecting a one hour shift rather than a two-hour
shift.
9:30:05 AM
REPRESENTATIVE KELLER maintained his objection to Conceptual
Amendment 2. He asked that Ms. Susie Shutts, from Legislative
Legal and Research Services, enlighten the committee. He
referred to Version G, and reviewed that Conceptual Amendment 2
would insert the words on page 2, line 8, after the word "state"
insert "currently within the Alaska Time Zone" and opined it is
tied to how that fits with page 2 line 2, where the language is
"all of the state."
9:31:06 AM
SUSIE SHUTTS, Attorney, Legislative Legal Counsel, Legislative
Legal and Research Services, Legislative Affairs Agency (LAA),
pointed out that if a change is made on page 2, line 8, the
corresponding change would need to be made to page 2, line 2 to
indicate that the legislature would be petitioning the U.S.
Department of Transportation to move that same portion of the
state. Also, she opined the committee might want to consider
whether it would want to make a change to page 2, line 12, but
at least it would seem that there should be a mirroring of what
the legislature is petitioning the U.S. Department of
Transportation to move and what is contemplated that will be
moved under page 2, line 8.
9:32:22M
REPRESENTATIVE KELLER maintained his objection.
REPRESENTATIVE KREISS-TOMKINS withdrew his motion to adopt
Conceptual Amendment 2. He said there may be necessary
mirroring language to gracefully effect what he intends, which
is not to consolidate the current two time zones in Alaska into
one time zone.
9:33:32 AM
REPRESENTATIVE KELLER moved to report HCS CSSB 6(FIN), Version
G, out of committee with individual recommendations and the
accompanying fiscal notes. There being no objection, HCS CSSB
6(STA) was reported out of the House State Affairs Standing
Committee.
9:34:08 AM
The committee took an at-ease from 9:34 a.m. to 9:36 a.m.
SB 24-LEGIS. ETHICS ACT: CONTRACTORS, INTERNS
9:36:55 AM
CHAIR LYNN announced that the final order of business would be
CS FOR SENATE BILL NO. 24(JUD) "An Act relating to the
applicability of the Legislative Ethics Act to legislative
interns, legislative volunteers, legislative consultants,
legislative independent contractors, sole proprietorships, and
other legal entities."
9:37:13 AM
SENATOR BERTA GARDNER, Alaska State Legislature, presented SB 24
as prime sponsor. She stated that during the summer of 2014,
the former administrator for the Select Committee on Legislative
Ethics pointed out a problem. She explained that, currently,
the ethics statute applies to legislators, staffers, interns,
many people working in the [Capitol] Building, contractors, and
consultants, and there is a requirement, under the statute,
requiring them to attend training. However, she related, it is
not necessary that bill drafting, for example, attend training
related to newsletters, office accounts, and such. Senator
Gardener said that the provisions that would be pulled out,
under SB 24, do not benefit the state and are impediments to
people who may want to respond to Requests for Proposals (RFPs).
She stated the statutes on the books are not being enforced, the
Select Committee on Legislative Ethics does not have the
resources to do it, and there is little benefit in enforcing
provisions that do not make sense. She opined that it is poor
public policy to ignore enforcement of statutes on the books;
therefore, the right thing to do is simply pull out these
provisions.
9:39:20 AM
SENATOR GARDNER, in response to Chair Lynn, agreed the
provisions should either be reinforced or removed from statute,
or, she added, change them so they're appropriate.
9:40:01 AM
JERRY ANDERSON, Administrator, Select Committee on Legislative
Ethics, in response to Chair Lynn, noted that extensive efforts
were made on the provisions of this bill from the Select
Committee on Legislative Ethics, Legislative Legal and Research
Services, and the experienced public members on the Select
Committee on Legislative Ethics, who worked with Senator
Gardner.
9:40:38 AM
CHAIR LYNN asked whether there had been any activity directed to
the Select Committee on Legislative Ethics regarding any
contractor or anything similar.
MR. ANDERSON answered that the committee had received requests
from time to time for ethics training for specific contractors
not in the state system, and online ethics training is made
available to those particular individuals as they request it.
CHAIR LYNN inquired as to whether there had been any ethics
complaints against these types of individuals.
MR. ANDERSON stated he was not aware of any.
9:41:35 AM
REPRESENTATIVE STUTES moved to report CSSB 24(JUD), out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, CSSB 24(JUD) was
reported from the House State Affairs Standing Committee.
9:43:08 AM
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 9:43
a.m.