Legislature(2005 - 2006)SENATE FINANCE 532
02/15/2006 09:00 AM Senate FINANCE
| Audio | Topic |
|---|---|
| Start | |
| SB209 | |
| SB210 | |
| SB237 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 209 | TELECONFERENCED | |
| + | SB 210 | TELECONFERENCED | |
| + | SB 237 | TELECONFERENCED | |
| + | TELECONFERENCED |
MINUTES
SENATE FINANCE COMMITTEE
February 15, 2006
9:07 a.m.
CALL TO ORDER
Co-Chair Lyda Green convened the meeting at approximately 9:07:45
AM.
PRESENT
Senator Lyda Green, Co-Chair
Senator Gary Wilken, Co-Chair
Senator Con Bunde, Vice Chair
Senator Fred Dyson
Senator Bert Stedman
Senator Lyman Hoffman
Senator Donny Olson
Also Attending: SENATOR CHARLIE HUGGINS; JOSHUA TEMPEL, Staff to
Senator Charlie Huggins; HEATHER BRAKES, Staff to Senator Gene
Therriault; JOHN WILKINS, Volunteer Director, Disabled American
Veterans, Department of Alaska; CLAYTON LOVE, Commander, Disabled
American Veterans, Department of Alaska; HOWARD COLBERT, Commander,
Disabled American Veterans Chapter No. 4, Juneau; ANNE CARPENETI,
Assistant Attorney General, Legal Services Section-Juneau, Criminal
Division, Department of Law; SUSAN PARKS, Deputy Attorney General,
Criminal Division, Office of the Attorney General, Department of
Law; CHRIS CHRISTENSEN, Deputy Administrative Director, Office of
the Administrative Director, Alaska Court System
Attending via Teleconference: From an Offnet Site: DOUG GRIFFIN,
Director, Alcohol Beverage Control Board, Department of Public
Safety; ED HERRINGTON, Captain, Alaska State Troopers, Department
of Public Safety
SUMMARY INFORMATION
SB 209-UNDERAGE MILITARY ON LICENSED PREMISES
The Committee heard from the bill's sponsor, the Alcohol Beverage
Control Board, and representatives of Disabled Veterans of America.
The bill reported from Committee.
SB 210-VIOL. OF ALCOHOLIC BEV. LAWS/FORFEITURE
The Committee heard from the bill's sponsor, the Alcohol Beverage
Control Board, the Department of Law, and the Department of Public
Safety. The bill was held in Committee.
SB 237-ADDITIONAL JUDGES FOR THIRD DISTRICT
The Committee heard from the bill's sponsor, the Department of Law,
and the Alaska Court System. The bill was held in Committee.
CS FOR SENATE BILL NO. 209(JUD)
"An Act relating to access by persons under 21 years of age to
premises licensed to sell alcoholic beverages as clubs when
alcoholic beverages are not present and, when alcoholic
beverages are present, to premises of a patriotic organization
licensed as a club if the person possesses a valid active duty
military or armed forces identification card issued by the
United States government."
This was the first hearing for this bill in the Senate Finance
Committee.
JOSHUA TEMPEL, Staff to Senator Charlie Huggins, the bill's
sponsor, read the Sponsor Statement as follows.
Senate Bill 209 amends AS 04.11.110(g) by authorizing access
by persons under 21 years of age, who possess a valid military
active duty (or armed forces identification card issued by the
United States Department of Defense or the United State
Department of Homeland Security) ID card, to a club's licensed
premises without specific authorization of the Alcoholic
Beverage Control Board in certain circumstances.
Under present state law, persons under the age of 21 cannot be
on any premises that are licensed to sell alcoholic beverages
unless a parent or legal guardian accompanies them. Current
law causes a dilemma to the under age veteran. Although they
are eligible to join an organization, they are unable to go to
the veteran's meetings or functions because they are under
age.
This legislation will, in no way, allow the consumption of
alcoholic beverages by persons under the age of 21 in licensed
clubs. This bill will simply allow our troops access to the
supportive and safe environments which they currently are not
allowed. A military organization post will truly be a place
where veterans across the generations will have an accepting
atmosphere in which they can impart their wisdom and stories.
This bill will help ensure a place of safety for our troops
while they are on the home front.
Senator Bunde asked whether the military organizations being
referred to would include such entities as the American Legion.
Mr. Tempel affirmed. He noted that the bill packet includes
memorandums from both the Alcoholic Beverage Control (ABC) Board
and the Division of Legal and Research Services, Legislative
Affairs Agency [copies on file] that specify the licensed premises
being referred to in this legislation would be patriotic
organizations such as the American Legion, the Disabled American
Veterans (DAV), and the Veterans of Foreign Wars (VFW). It could
not be "broadened" to include such entities as strip clubs.
Senator Bunde, noting that the bill would allow people below the
legal drinking age to enter licensed alcoholic beverage
establishments, asked whether this action would place additional
"pressure on bartenders in these clubs" to determine which
attendees could or could not be served alcohol. He asked whether
the affected establishments have weighed in on this issue.
Mr. Tempel responded that the establishments understand the
conditions of the bill and would uphold their responsibilities as
otherwise, their alcohol licenses could be in jeopardy. Testimony
from those entities would be forthcoming.
Senator Bunde agreed that an establishment's alcohol dispensary
license could be in jeopardy were a mistake made and an alcoholic
beverage dispensed to an under age person.
Senator Stedman reminded that in previous times, there was no issue
with underage soldiers being allowed in establishments in which
liquor was sold. However, that situation has changed. Continuing,
he asked what prompted the need to introduce this legislation. He
had "no problem with the whole issue. Someone that's old enough to
serve in the military and go to Iraq certainly should have the
maturity to go into these establishments and have some camaraderie"
whether or not alcohol was being sold.
SENATOR CHARLIE HUGGINS, the bill's sponsor, stated that the
reality is that an underage soldier at Fort Richardson, Alaska for
instance, who wanted an alcoholic beverage could get it. That is
"just the way it is."
In response to Senator Stedman's comments, Senator Huggins stated
"service organizations see themselves as two-fold". They are a
"fraternal organization that supports quite frankly an older
generation of people" and participates in its community. Their
other major duty is to reach out to young military people in the
community who might not have family or another support group there.
Continuing, he noted that the issue is that, due to alcoholic
licensing conditions, were such an organization to participate in a
Veterans Day Dinner, for example, it would be "illegal for an
underage person" to be on the establishment's licensed premises
unless they were accompanied by their legal guardian or parent.
This legislation would eliminate that licensing "technicality".
Senator Huggins affirmed that the affected service organizations
fully understand their responsibilities were this legislation
adopted. This legislation was introduced in order to allow underage
soldiers to participate in a patriotic environment that could offer
them support.
Senator Olson asked how the restrictions on serving alcohol to
underage individuals would be monitored.
Senator Huggins stated that in order to be served an alcoholic
beverage an individual would be required to present age
identification. It would be likely that an organization's
identification provisions would become "more stringent" were this
legislation adopted.
9:16:54 AM
Senator Stedman asked for confirmation that the bill would allow
underage soldiers to enter an establishment, but would not allow
them to be served alcohol.
9:17:36 AM
Senator Huggins affirmed. The purpose of the bill would be to allow
underage military personnel to participate in an organization that
could offer support and camaraderie, not to allow them access to
alcohol.
Senator Stedman acknowledged. Continuing, however, he opined that,
"if you are 18 or 19 and you're old enough to go to Iraq and die
for your country you're old enough to go have a beer."
9:18:09 AM
DOUG GRIFFIN, Director, Alcohol Beverage Control Board, Department
of Public Safety, testified via teleconference from an offnet site.
To further respond to the concern about the responsibilities that
would be placed on a licensed establishment by this legislation, he
assured that service organizations are aware of the situation and
would be taking extra precautions. It is "a tradeoff". On one side
is the point about these people serving their country and needing a
place for camaraderie and on the other side is the need to ensure
that establishments uphold the requirement not to serve alcohol to
underage people. Efforts could be taken to ensure that the actions
proposed by this legislation would work.
Co-Chair Green asked for clarification as to whether the law being
changed is one that prohibits people under the age of 21 from being
in an establishment that sells alcohol or whether the law prohibits
people under the age of 21 from belonging to such an organization.
Mr. Griffin clarified the issue is that because the clubs have a
beverage dispensary license, they must adhere to the same
regulations as a bar and restrict those under the age of 21 from
the premises unless a legal guardian or spouse age 21 or older
accompanied them. This bill would alter that standard. The ABC
Board has "no jurisdiction over membership". People under the age
of 21 could belong to the organizations. He noted that changes to
ABC standards are not uncommon, as restrictions on licensed
premises that offer dining have been altered to allow people under
the age of 21 to dine there.
9:20:48 AM
Senator Stedman asked whether the bill could be expanded to allow
the military individuals identified in this legislation to be able
to consume alcohol at the age of 19 in these patriotic
establishments. "The whole issue" of how a person in the military
who is under the age of 21 "is handled ? in our own country ?is
egregious".
Mr. Griffin regarded the drinking age discussion as being a
"broader issue". As the result of "federal suggestions", states
adopted 21 as their legal drinking age in the 1980s. Federal
highway funding and other federal aid could be negatively affected
were a state to lower that federally "recommended" allowable
drinking age. There is a "great deal of uniformity on this matter
nationwide.
9:22:35 AM
Senator Bunde asked whether a soldier must be 21 years old to
consume alcohol in a club on a military base.
Senator Huggins affirmed that a soldier must be 21. At one time,
there was an exception in regards to the consumption of beer with a
3.2 percent alcoholic content.
Senator Bunde understood therefore that the military has a 21-year
age requirement as well. The issue of changing the age at which a
person could legally consume alcohol would be an issue beyond the
realm of the ABC Board.
Senator Huggins noted that in recent time, such things as the once
popular after work Happy Hour events and clubs on military bases
have disappeared. He also noted the fact that a Driving Under The
Influence (DUI) offense on one's record would be detrimental to a
career in the military. Thus, events that promoted drinking have
been curtailed.
AT EASE 9:24 AM / 9:24:45 AM
Vice Chair Bunde assumed Chair of the meeting.
9:25:19 AM
JOHN WILKINS, Volunteer Director, Disabled American Veterans (DAV),
Department of Alaska informed the Committee that his
responsibilities include overseeing the work of four service
officers who are compensated by the State of Alaska as well as
seven chapter service officers who are volunteers like himself.
Their work would include such things as assisting veterans with
claims against the federal Veterans Administration. He noted that a
service referred to as VetBoat utilizes a boat to travel to small
communities in Southeast Alaska to assist veterans in those
communities.
Mr. Wilkins stated that DAV supports this legislation. He conveyed
that he had sought assurance from post commanders that "stringent"
procedures would be established in their licensed establishments to
insure "that no underage military person would be allowed to
drink".
9:26:34 AM
Mr. Wilkins stated that the adoption of this legislation would
allow "service officers to talk more freely with the young people
that are back about any problems that they may have. Not allowing
them into clubs and organizations" has made service officer jobs
more difficult, and has prevented allowing young veterans from
talking with service officers. He characterized the role of the
service officers as being "a mentoring situation" in which older
soldiers assist young military personnel in dealing with such
things as combat issues.
Mr. Wilkins stated that passage of this legislation would be
appreciated.
9:27:54 AM
CLAYTON LOVE, Commander, Disabled American Veterans, Department of
Alaska, concurred with Mr. Wilkins' comments. He declared that this
legislation would not significantly impact bartenders; they would
simply be required to monitor activities "more closely". Rules
would be established. For instance, were people under the age of 21
to have consumed a drink prior to coming to an establishment, their
entry would be denied.
Mr. Love stated that the benefit of this bill would be to allow all
members of an organization to participate in events such as dinners
that might be held in the establishment.
9:29:27 AM
Mr. Love continued that this legislation would allow younger
soldiers to benefit from the camaraderie and the experiences of the
older soldiers including combat experiences, injuries, and re-
adjusting to civilian life. Furthering this legislation would also
indicate State support for young military personnel.
9:31:42 AM
HOWARD COLBERT, Commander, Disabled American Veterans (DAV) Chapter
No. 4, Juneau, informed the Committee that when Congress
established the DAV, it specified in Statute that no alcoholic
beverages could be consumed in their meeting rooms. DAV has a very
limited budget and, as it does not have its own facilities, it must
conduct meetings in places such as public libraries. However, the
limited availability of such space is a hardship on the
organization. Consequently, benevolent organizations such as the
American Legion and VFW have allowed DAV to hold its meetings and
complete required paperwork for veterans with disabilities in their
facilities. Continuing, he noted that due to the current age
restrictions on licensed patriotic establishments, providing
assistance for disabled veterans under the age of 21 is burdensome.
Mr. Colbert likened the wisdom that older veterans could impart to
a library: "they are a wealth of knowledge". Continuing, he noted
that VFW and American Legion posts are well managed. Of the State's
72,000 veterans, 14,000 live in Southeast Alaska. The VetBoat that
transits to communities in Southeast Alaska has completed paperwork
for 459 veterans with disabilities over the past six years; most of
that paperwork was completed in VFW or American Legion halls. As
the State's veterans age, they will be experiencing more problems
and locations must be available in which to conduct the required
paperwork.
Mr. Colbert, who had completed two tours of Vietnam, communicated
that being a young veteran is "a whole different world". The
veterans in the various patriotic organizations "do understand and
they do talk. That is a lot of help for the younger guys." While a
multi-age family could currently dine in a restaurant with an
alcoholic beverage license, an underage veteran who has served his
country could not currently enter a VFW Hall without the bar being
closed down. "That doesn't make sense to me." These "very very fine
young" veterans have earned the right to enter these patriotic
establishments.
9:36:34 AM
Senator Bunde surmised that when Mr. Colbert served in Vietnam, no
identification had been checked when beer rations were distributed.
Mr. Colbert affirmed.
9:36:54 AM
Senator Bunde thanked the gentlemen for their service.
RECESS TO THE CALL OF CHAIR 9:37:12 AM / 10:21:33 AM
Co-Chair Green resumed Chair of the Committee.
Co-Chair Wilken moved to report the bill from Committee with
individual recommendations and accompanying fiscal notes.
There being no objection, CS SB 209(JUD) was REPORTED from
Committee with previous zero fiscal note #1 from the Department of
Military and Veterans Affairs.
10:22:16 AM
SENATE BILL NO. 210
"An Act relating to the manufacture and transportation of
alcoholic beverages; relating to forfeitures of property for
violations of alcoholic beverage laws; and relating to
violations of alcoholic beverage laws."
This was the first hearing for this bill in the Senate Finance
Committee.
HEATHER BRAKES, Staff to Senator Gene Therriault, the bill's
sponsor, read the history and intent of the bill as specified in
the Sponsor Statement.
In 2004, Congress passed legislation recognizing that many
rural communities and their residents "?face the highest
alcohol abuse and family violence rates in the country." and
establishing the Alaska Rural Justice and Law Enforcement
Commission. The Commission released a Draft Interim Report in
late 2005 that contained recommendations, including amendments
to several provisions in Alaska Statutes.
Senate Bill 210 changes current law to help law enforcement
better protect communities that have chosen to limit the sale
or possession of alcohol under local option laws. First,
Senate Bill 210 strengthens current forfeiture provisions in
statute by allowing seizure of alcohol transported by common
carrier in violation of current law. Second, it authorizes the
seizure of property determined to have been purchased or
obtained through the proceeds of illegal importation or sale
of alcohol and outlines procedures for a person claiming an
interest in property that has been seized.
SB 210 also defines "manufacture" of alcohol and provides
consistency between statutes by amending the allowable
quantities. While current statute prohibits the manufacture of
alcohol in a community that has adopted a local option, it
does not include a definition. The legislation also clarifies
statutes relating to the presumption of possession for sale.
These provisions provide clarity and assist law enforcement
and communities in their continued interdiction efforts in
damp or dry areas of the state.
More than 100 communities in Alaska have chosen a local option
to combat the problems associated with alcohol abuse and
violence. SB 210 clarifies, strengthens, and brings uniformity
to the state's alcohol and beverage control statutes to assist
law enforcement and communities to fight the illegal
importation of alcohol.
Ms. Brakes noted that the bill would address inconsistencies in
State Statutes retaining to the presumption of guilt, specifically
that were a person to have in their possession more than 10.5
liters of alcohol, an intent to sell could be presumed.
Ms. Brakes noted that, as specified on page eight of the Alaska
State Troopers Alaska Bureau of Alcohol and Drug Enforcement 2004
Annual Drug Report [copy on file], "bootlegging is a very lucrative
business in Rural Alaska." Page seven of the report specifies that
681 gallons of alcohol were seized in 2004. A graph on that page
also depicts the number of alcohol related arrests conducted during
the years 2002, 2003, and 2004.
10:25:54 AM
Co-Chair Green understood that the provisions included in this
legislation were based on the Alaska Rural Justice and Law
Enforcement Commission's report.
Ms. Brakes affirmed that the bill was based on determinations made
in the Commission's Draft Report.
10:26:02 AM
Senator Olson asked regarding the decision to lower the alcohol
possession limit from the current 12 liter limit to 10.5 liters.
10:26:24 AM
Ms. Brakes responded that the decision to specify 10.5 liters as
the possession limit was made in order to have consistency in
regulations. An existing separate section of State Statute
specifies that the transportation of more than 10.5 liters of
distilled spirits into a local option community would be a felony.
Co-Chair Green understood therefore that lowering the possession
limit would align that regulation with amounts specified in other
State law.
In response to a question from Senator Olson, Ms. Brakes confirmed
that the 10.5 liter specification is included in other State law.
10:27:12 AM
Senator Bunde asked for an example of what would constitute 10.5
liters, as alcohol is available in a variety of container sizes.
DOUG GRIFFIN, Director, Alcohol Beverage Control Board, Department
of Public Safety, testified via teleconference from an offnet site
and stated that 10.5 liters of distilled spirits is the amount that
a package store could legally ship to a person each month. This
limit has been specified in State Statute for several years. 10.5
liters would equate to a case of six 1.75 liter bottles.
Mr. Griffin continued that a case of twelve 750 milliliter (ML)
bottles, or "fifths", would total nine liters.
10:28:48 AM
Senator Bunde appreciated the information. It would assist in
physically understanding the amounts being discussed.
ED HARRINGTON, Captain, Alaska State Troopers, Department of Public
Safety, testified via teleconference from an offnet site and noted
that he was a member of the Alaska Rural Justice and Law
Enforcement Commission and had participated in the development of
the recommendations to change State Statutes.
Captain Harrington informed the Committee that the Troopers Drug
Unit had seized approximately 994 gallons of alcohol in 2005. That
was a significant increase over 2004. The changes proposed in this
bill would further assist law enforcement efforts to enforce the
local option laws of "those communities that have elected to
restrict the flow of alcohol to their communities".
Senator Olson asked whether the proposed provisions would affect
air taxi services that serve the communities.
10:30:21 AM
Captain Harrington understood that the changes proposed in this
bill would not affect air carriers. The effort would enable law
enforcement officers to seize alcohol illegally transported on
common carriers. That option has not always been available in the
past. Subsequent court proceedings would transpire in regards to
the forfeiture of the alcohol.
Senator Olson stated that more "concrete" information would be
desired in regards to whether air taxi service aircraft could be
confiscated as a result of these provisions.
Co-Chair Green asked whether this legislation would change existing
regulations pertaining to "the transporter of the product".
Captain Harrington understood that nothing in that regard would be
altered. Any language in the bill pertaining to transportation
would relate specifically to the transportation of alcoholic
beverages transported by a common carrier. There was no intent to
affect air taxi services that transport the alcohol to communities.
While privately owned aircraft involved in the importation of
alcoholic beverages have been seized, no common aircraft have been.
10:32:48 AM
ANNE CARPENETI, Assistant Attorney General, Legal Services Section-
Juneau, Criminal Division, Department of Law, affirmed Captain
Harrington's remarks. "This bill does not change the definition of
common carrier for our bootlegging statutes."
10:33:11 AM
Senator Olson understood therefore that "a common carrier aircraft
would not be confiscated even if they knowingly carry alcohol into
the villages."
Ms. Carpeneti stated that this bill would specifically allow "the
alcohol on common carriers sent in violation of the bootlegging
laws to be seized and forfeited." The bill would not "address the
seizure of the aircraft itself".
10:33:46 AM
Senator Olson acknowledged.
Senator Olson asked for further explanation of language in Sec.
2(a)(6) page 3, line 3 that reads "or items of value purchased from
the proceeds".
(6) money, securities, negotiable instruments, or other things
of value used in financial transactions or items of value
purchased from the proceeds derived from actively prohibited
under AS 04.11.010 or in violation of a local option adopted
under AS 04.11.491.
New Text Underlined
10:33:56 AM
Ms. Carpeneti understood that the language would pertain to such
things as snowmachines and other items that bootleggers might
purchase with the proceeds of their operation.
Senator Bunde asked what proof would be required in those cases.
Ms. Carpeneti responded that like other situations, evidence would
be required to support the claim that the item "was purchased with
funds" generated from bootlegging operations. The burden of proof
must be supported by a "preponderance of evidence in a civil
action."
In response to a comment from Senator Bunde, Captain Harrington
affirmed that 994 gallons of alcohol from bootleg operations had
been seized in 2005.
Senator Bunde calculated that the bootleg profit generated from
that amount of alcohol could amount to $300,000.
Captain Harrington thought that would be correct.
In order to better understand the profits made by bootleggers,
Senator Bunde asked for examples of items that bootleggers might
have purchased.
10:36:05 AM
Captain Harrington communicated that in his experience, "it's
fairly common for people that are involved in bootlegging in the
Rural communities to be fairly wealthy by community standards."
Active bootleggers typically spend "a lot of their money on
conveyances" such as boats, snowmachines, jet skis, "and other more
expensive toys". In a case in Kotzebue, an investigator followed a
bootlegger from the airport where he loaded alcohol into a vehicle,
then drove to a beach and loaded it into a boat to transport to a
local option village. In that case, both the vehicle and boat were
seized. When a search warrant was obtained, brand new snowmachines
and other boats were found. Generally, the interview process would
provide evidence that the person had used the proceeds from the
bootlegging effort to purchase that equipment. Law enforcement
officers could then seize those items for forfeiture in the court
proceeding.
10:37:44 AM
Senator Bunde asked for an estimate of the money that might have
been generated by bootleg operations in the past year.
10:37:55 AM
Mr. Harrington responded that drugs and alcohol totaling
approximately one million dollars had been seized in 2004. He had
no individual data specific to alcohol.
10:38:45 AM
Senator Olson continued to question the language in Sec. 2(a)(6)
pertaining to the process of seizing items purchased with the
proceeds generated from bootlegging operations, specifically
whether a person's house could be confiscated.
Ms. Carpeneti regarded the seizing of a house as being "highly
unlikely" unless it was "an extreme case where a bootlegger bought
a house solely from money obtained from bootlegging profits."
Evidence must be presented to prove that. No house has ever been
confiscated.
Senator Olson stated that the law in this regard, rather than the
practicality of such a thing to occur, was the gist of his
question. Continuing, he asked whether this legislation would allow
for the confiscation of a $100,000 home that a person had purchased
with the help of $10,000 generated from the person's bootleg
operation.
Ms. Carpeneti responded that she did not believe that that house
could be confiscated.
Senator Olson asked whether that opinion could be confirmed.
Ms. Carpeneti expressed that the house would not be confiscated
since bootlegging operations did not generate the majority of the
funding used in the purchase.
Senator Olson surmised however that the bill's language would allow
for someone's house to be confiscated.
Ms. Carpeneti opined that, rather than it allowing for the
confiscation of the house, "it might allow for confiscation of an
interest in the house".
10:40:28 AM
Senator Bunde concluded that were a bootlegger with no other source
of income to purchase a home, it might "be possible" that that home
could be forfeited.
Ms. Carpeneti expressed that evidence presented in the court
proceedings would have to prove that "all that money that was used
to purchase that house was derived from illegal transportation of
alcohol". She could not recall this ever having happened.
Senator Bunde remarked that were a person with no other source to
purchase a snowmachine, that machine could be confiscated.
Therefore, were a person with no other source of income to purchase
a house, the house should be treated in the same manner.
Co-Chair Green understood that the bill included new language
through which a person whose possessions were subject to
confiscation could respond and "lay out their case".
Ms. Carpeneti affirmed. A civil lawsuit would be conducted in which
the State must present burden of proof and the accused would be
provided "the opportunity to make a defense". The case would be
decided based on those facts. In other words, forfeiture would not
be automatic.
10:42:25 AM
Senator Olson voiced being uncomfortable with the broad powers
presented in this legislation.
10:42:35 AM
Senator Hoffman asked regarding the anticipated increase in
convictions that might transpire as the result of this legislation.
10:42:57 AM
Captain Harrington was hesitant to respond as that is an unknown.
However, he allowed that the reduction of the possession limit to
10.5 liters might result in a few additional cases during the year.
Overall, he thought that the increases would not be "substantial".
Senator Hoffman stated that the purpose of his question was to
determine whether this legislation would assist "in stemming the
flow of alcohol to dry communities".
Captain Harrington stated that lowering the possession limit to
10.5 liters is a benefit, as it "would clear up the confusion
between law enforcement and the Department of Law and the citizens
in general" because of the differences that exist in current
Statutes.
Captain Harrington informed the Committee that 750 ML bottles are
the most commonly shipped size of distilled spirits. Reducing the
allowable transportation limit from 12 liters to 10.5 liters would
result in "essentially" a two bottle reduction. He did not
anticipate this change to increase law enforcement arrest numbers.
Therefore, the benefit of the legislation would be the removal of
the confusion with the conflicting statutes.
Senator Hoffman understood, therefore, while the bill would
streamline statutes, it might only result in three or four more
prosecutable cases. "The vast majority of the problem would still
exist."
Captain Harrington affirmed that while the bill would streamline
statutes, it would result in fewer than "50 additional cases
through the course of a year".
Co-Chair Green pointed out that the language in Sec. 2(a)(6) is
identical to language in AS 17.30.116, which pertains to drug
forfeitures.
10:45:55 AM
Senator Hoffman stated that he has been working on efforts to stem
the flow of alcohol into communities since the 1980s, and that he
would be supporting this legislation. Continuing, he stressed that
there is "no silver bullet" through which to address the situation.
The abuse of alcohol "is a major cause of problems in Rural
Alaska".
Co-Chair Green remarked "as with many substances that people abuse,
all the efforts in the world don't necessarily address the heart of
the problem which is the hearts of people and the minds of people
to make better choices."
Co-Chair Green asked Senator Olson whether he would desire to hold
the bill in Committee in order to further address his concerns.
10:47:04 AM
Senator Olson suggested that a conceptual amendment to exclude a
person's primary residence from forfeiture be considered in regards
to Sec. 2(a)(6).
Ms. Carpeneti amended her earlier remarks to clarify that a process
does currently exist in regards to the seizure of a person's
residence due to a situation associated with a marijuana growing
operation. As she was unaware of the outcome of that case, further
information on that issue could be provided.
Co-Chair Green ordered the bill HELD in Committee for further
consideration.
10:49:16 AM
CS FOR SENATE BILL NO. 237(JUD)
"An Act increasing the number of superior court judges
designated for the third and fourth judicial districts to
provide additional superior court judges at Anchorage, Palmer,
Kenai, and Fairbanks; and providing for an effective date."
This was the first hearing for this bill in the Senate Finance
Committee.
Co-Chair Wilken moved to adopt committee substitute, Version 24-
GS2077\F as the working document.
There being no objection, the Version "F" committee substitute was
ADOPTED as the working document.
Co-Chair Green pointed out that the original version of this bill
solely addressed increasing the number of superior court judges.
The Version "F" committee substitute would expand the bill to
address the compensation of justices and judges. Currently the
salaries of judges are ranked 47th in the nation.
10:50:32 AM
SUSAN PARKS, Deputy Attorney General, Criminal Division, Office of
the Attorney General, Department of Law, reviewed the history of
the bill. After visiting various judges throughout the State, the
State's Attorney General "was struck by consistently hearing how
the criminal justice system seemed to be getting bogged down."
Cases were taking a long time to get to trail due to insufficient
amounts "of judge time" or "courtroom time to keep the process
moving." The Attorney General subsequently met with the Alaska
Court System, the Governor's Office, and the Commissioner of the
Department of Administration, who supervises the Public Defender
Agency (PDA) and the Office of Public Advocacy (OPA). The request
for additional Superior Court Judges was the result of that
meeting.
Ms. Parks noted that the original version of this bill requested
four additional Superior Court Judges; however the increase of six
judges, as proposed in Version "F", is agreeable to the Alaska
Court System.
Ms. Parks noted that a multitude of factors have impacted the
processing of criminal cases. Cases have become more complex, more
parties are involved, and new technology and increased expert
testimony have served to slow down the pretrial process. In
addition, the number of crimes being prosecuted has increased. Over
the past decade, felony referrals have increased 64-percent whereas
misdemeanor referrals have only increased 15-percent. The increase
in felony crime "coupled ? with the increased complexity" involved
in getting these cases to trail" has contributed to the current
situation.
Ms. Parks noted that the Palmer Court System has been identified as
the number one priority. A "crime explosion" has accompanied "the
population explosion" in Palmer. In the year 2002, the Palmer Court
System experienced 595 felony referrals; there were 869 felony
referrals in the year 2005. Caseloads continue to increase. Due to
the increase, night and weekend courts have been added in order to
accommodate the caseload. "Cases are taking an incredible amount of
time to get to trial." An increase in bigger and more complex cases
such a homicides has exacerbated the problem. She noted that
additional information could be provided. She also noted that
Anchorage has 279 felony cases "pending trial, 82 of which are over
a year old". Of the total trials pending, 28 are murder cases. The
delay being experienced is an indicator that "the system isn't
serving the public, it isn't serving victims?"
Senator Olson, referencing language in Sec. 6 page 2, lines 27
through 31, asked for further information about which districts
would be receiving additional judges.
Ms. Parks responded that "certain areas of the State" have not been
as affected by caseload increase as others. The increased criminal
load is being experienced in more populated, urban areas.
Senator Hoffman noted that during a recent presentation to the
Legislature, the State's Chief Justice stated that even though the
number of judges specified for the Bethel Court District has been
increased, the Court System has been unable to fill positions due
to the salary being offered. To that point, he asked whether that
issue would be addressed by this legislation, as otherwise that
position might remain vacant. The Bethel Court has a backlog of
cases.
CHRIS CHRISTENSEN, Deputy Administrative Director, Office of the
Administrative Director, Alaska Court System agreed "that Bethel is
a tremendous problem".
10:57:20 AM
Mr. Christensen stated that the judge position has been vacant for
nine months, and could be vacant for as long as two years. Judges
from Fairbanks are currently on rotation to Bethel in order to
address the Bethel cases. In addition, two judges "have been asked
to come out of retirement in order to each spend one or two weeks a
month in Bethel. The rotation of judges "is not good for the
community."
Mr. Christensen stated that the determination is that the
difficulty in hiring a judge for the Bethel Court is due to the
salary being offered. "Rural judges get a dramatically lower
geographic adjustment than any other State employee. The geographic
adjustment is so low in fact that judges in Rural Alaska are not
even the highest paid government lawyers anymore." For example,
last year in Nome, the local district attorney made $20,000 a year
more than the local Superior Court judge. Until approximately 1990,
those judges were paid the same as federal district judges. Now
those State judges are making 40 percent less than the federal
judges. This is not conducive to attracting judges to the area.
Mr. Christensen stated that this bill would provide salary
adjustments for State judges. While it would make a State Supreme
Court judge's salary comparable to a federal District Court judge,
a State Superior Court Judge's salary would not be increased to
that level. Nonetheless, the proposed salary schedule would "go a
long way" to addressing the issue not only in Rural Alaska, but
Statewide.
Senator Dyson asked the percentage of a Superior Court judge's
caseload related to civil cases.
Mr. Christensen responded that approximately 25 percent of the
current caseloads are felonies, five percent relate to juvenile
delinquency matters; "everything else would be technically civil
cases". 25 percent of those would be family law cases such as
divorces and custody issues.
10:59:52 AM
Co-Chair Wilken affirmed that the Fairbanks Court System does
support Bethel.
Co-Chair Wilken, voicing support for the legislation, recalled that
a similar discussion had occurred the previous Session in regards
to the difficulty in recruiting State Department Commissioners.
Subsequently the salary range for those positions was increased.
The issue now would be to address judiciary needs. To that point,
he would be "prepared" to fund this endeavor by decreasing other
operating budget components.
11:00:49 AM
Senator Stedman characterized himself as being "more cautious than"
Co-Chair Wilken. In order to better understand the overall impact
of the legislation, he suggested that the Department of
Administration should provide a fiscal note pertaining to the PDA
and the OPA. The Department of Public Safety should also provide a
fiscal note.
Senator Stedman stated that this legislation would pertain to two
issues: one being the increase in the number of judges and the
other being the salary adjustments. There is "a definite need for
the salary adjustments."
Senator Stedman stated that, with the adoption of SB 141 the
previous Legislative Session, a determination should be made as to
whether this and other similar legislation would be subject to
actuarial analyses, as he anticipated that the adoption of this
legislation would impact the State's retirement system. The issue
should be addressed in order to avoid conflict with SB 141
provisions.
Senator Stedman also voiced concern in regards to "the timing" of
the FY 07 budgets, specifically the operating budget. Additional
positions would be added when there are already several vacant
ones. The adoption of this and similar legislation would impact the
FY 07 budget. He acknowledged Co-Chair Wilken's comment that the
funds needed for these salary increases could be derived by
decreasing funds to other components in the Operating Budget.
11:03:23 AM
Co-Chair Green asked whether funding for the Kenai Courthouse
expansion was requested in the FY 07 Capital Budget.
Mr. Christensen indicated that it was not.
11:03:58 AM
Ms. Parks remarked that the act of increasing the number of judges
would not result in an increase of Court cases. While the workload
would not increase, there would be additional expenses associated
with the increase in the number of courtrooms that would be
operated. Nonetheless, there would be an increase in efficiencies.
Expenses are incurred each time a case is postponed: the attorney
must revisit the information each time and witnesses must be re-
contacted.
11:04:50 AM
Senator Hoffman asked the status of the Courthouse expansions that
had been authorized the previous year, as he understood that
construction costs had increased dramatically.
Co-Chair Green confirmed that there "certainly have been cost
overruns in the bids". This issue would be re-addressed as the
budgets are being developed.
Co-Chair Green also noted that the fiscal notes requested by
Senator Stedman would be developed and that other matters requiring
clarification would be addressed.
AT EASE 11:06:28 AM / 11:06:37 AM
Co-Chair Green ordered the bill HELD in Committee.
ADJOURNMENT
Co-Chair Lyda Green adjourned the meeting at 11:06:43 AM
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