Legislature(1993 - 1994)
03/11/1994 09:05 AM Senate STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE STATE AFFAIRS COMMITTEE
March 11, 1994
9:05 a.m.
MEMBERS PRESENT
Senator Loren Leman, Chair
Senator Mike Miller, Vice Chair
Senator Robin Taylor
Senator Jim Duncan
Senator Johnny Ellis
MEMBERS ABSENT
All Members Present
COMMITTEE CALENDAR
SENATE BILL NO. 216
"An Act relating to the sale, display, or distribution of material
harmful to minors at places where minors are allowed to be present
and where minors are allowed to view such material."
SENATE BILL NO. 279
"An Act relating to operating or driving a motor vehicle,
commercial motor vehicle, aircraft, or watercraft."
HOUSE BILL NO. 368
"An Act relating to reapplication for the 1993 permanent fund
dividend when the United States Postal Service documents the loss
of mail during the 1993 application period; and providing for an
effective date."
CS FOR HOUSE CONCURRENT RESOLUTION NO. 25(L&C)
Relating to a state materials exchange.
HOUSE CONCURRENT RESOLUTION NO. 29 am
Relating to the military operations areas environmental impact
statement of the United States Air Force.
HOUSE CONCURRENT RESOLUTION NO. 30
Relating to the twenty-sixth annual Girls' State.
CS FOR HOUSE BILL NO. 313(JUD)
"An Act relating to suspended imposition of criminal sentences and
to the imposition of sentence when a suspended imposition of
sentence is revoked."
CS FOR SENATE BILL NO. 248(HES)
"An Act relating to services for and protection of vulnerable
adults; and providing for an effective date."
SENATE BILL NO. 250
"An Act relating to the Older Alaskans Commission and staff of the
commission; changing the name of the Older Alaskans Commission to
the Alaska Commission on Aging and extending the termination date
of the commission; relating to the Alaska Pioneers' Homes Advisory
Board; relating to services and programs for older Alaskans; and
providing for an effective date."
SENATE BILL NO. 21
"An Act relating to child visitation rights of grandparents and
other persons who are not the parents of the child."
PREVIOUS SENATE COMMITTEE ACTION
SB 216 - See State Affairs minutes dated 2/11/94, 2/16/94, and
3/4/94.
SB 279 - See State Affairs minutes dated 3/9/94.
HB 368 - See State Affairs minutes dated 3/9/94.
HCR 25 - See State Affairs minutes dated 3/9/94.
HCR 29 - See State Affairs minutes dated 3/9/94.
HCR 30 - See State Affairs minutes dated 3/9/94.
HB 313 - No previous senate committee action.
SB 248 - See Health, Education & Social Services minutes dated
2/2/94, 2/4/94, and 2/16/94.
SB 250 - See Health, Education & Social Services minutes dated
2/2/94, 2/4/94, and 2/16/94.
SB 21 - No previous senate committee action.
WITNESS REGISTER
Representative Pete Kott
State Capitol, Juneau, AK 99801-1182¶465-3777
POSITION STATEMENT: prime sponsor of HB 313
Margot Knuth, Assistant Attorney General
Criminal Division
Department of Law
P.O. Box 110300, Juneau, AK 99811-0300¶465-3428
POSITION STATEMENT: in favor of HB 313
Nancy Bear Usera, Commissioner
Department of Administration
P.O. Box 110200, Juneau, AK 99811-0200¶465-2200
POSITION STATEMENT: in favor of SB 248 & SB 250
Mary Lou Meiners, State Chairperson
American Association of Retired Persons Legislative Committee
Box 020412, Juneau, AK 99802-0412¶586-2568
POSITION STATEMENT: testified on SB 250
Connie Sipe, Director
Division of Senior Services
Department of Administration
P.O. Box 110209, Juneau, AK 99811-0209¶465-3250
POSITION STATEMENT: testified on SB 250
Senator Dave Donley
State Capitol, Juneau, AK 99801-1182¶465-3892
POSITION STATEMENT: prime sponsor of SB 21
ACTION NARRATIVE
TAPE 94-15, SIDE A
Number 001
CHAIRMAN LEMAN calls the Senate State Affairs Committee to order at
9:05 a.m.
Number 010
CHAIRMAN LEMAN brings up SB 216 (DISPLAY SEX EXPLICIT MATERIALS
NEAR MINOR) as the first order of business before the Senate State
Affairs Committee.
Number 015
SENATOR TAYLOR makes a motion to adopt the State Affairs committee
substitute for SB 216.
Number 021
CHAIRMAN LEMAN, hearing no objection, orders CSSB 216(STA) be
adopted in lieu of the original bill. The chairman asks if there
is anyone in the public who wishes to testify on the bill.
Number 023
SENATOR TAYLOR makes a motion to discharge SB 216 from the State
Affairs Committee with individual recommendations.
CHAIRMAN LEMAN, hearing no objection, orders SB 216 released from
committee with individual recommendations.
Number 027
CHAIRMAN LEMAN brings up SB 279 (DWI LAWS) as the next order of
business before the State Affairs Committee.
Number 033
SENATOR TAYLOR makes a motion to discharge SB 279 from the Senate
State Affairs Committee with individual recommendations.
Number 035
SENATOR LEMAN CHAIRMAN LEMAN, hearing no objection, orders SB 279
released from committee with individual recommendations.
Number 039
CHAIRMAN LEMAN brings up HB 368 (REAPPLICATION PERIOD FOR 1993 PF
DIVIDEND) as the next order of business before the State Affairs
Committee.
Number 045
SENATOR MILLER makes a motion to discharge HB 368 from the Senate
State Affairs Committee with individual recommendations.
Number 048
SENATOR TAYLOR objects and asks what the next committee of referral
is for HB 368.
SENATOR MILLER replies it goes next to the Rules Committee.
SENATOR TAYLOR states he is concerned that people in Southeast have
been left out of the reapplication period due to the time shift.
SENATOR LEMAN states the people being allowed to reapply for their
1993 dividends are people who applied, but whose applications were
lost by the Post Office.
SENATOR TAYLOR says he will withdraw his objection.
Number 068
CHAIRMAN LEMAN, hearing no further objection, orders HB 368
released from committee with individual recommendations.
Number 072
SENATOR LEMAN brings up HCR 25 (STATE INDUSTRIAL MATERIALS
EXCHANGE) as the next order of business before the State Affairs
Committee.
Number 077
SENATOR TAYLOR makes a motion to discharge HCR 25 from the Senate
State Affairs Committee with individual recommendations.
Number 079
CHAIRMAN LEMAN, hearing no objection, orders HCR 25 released from
committee with individual recommendations.
Number 081
SENATOR LEMAN brings up HCR 29 (COMMEND AIR FORCE: ENVIR IMPACT
STATEMENT) as the next order of business before the State Affairs
Committee.
Number 086
SENATOR MILLER makes a motion to discharge HCR 29 from the Senate
State Affairs Committee with individual recommendations.
Number 089
CHAIRMAN LEMAN, hearing no objection, orders HCR 29 released from
committee with individual recommendations.
Number 091
CHAIRMAN LEMAN brings up HCR 30 (TWENTY-SIXTH ANNUAL GIRLS STATE)
as the next order of business before the committee.
Number 095
SENATOR MILLER makes a motion to discharge HCR 30 from the Senate
State Affairs Committee with individual recommendations.
Number 097
CHAIRMAN LEMAN, hearing no objection, orders HCR 30 released from
committee with individual recommendations.
Number 101
CHAIRMAN LEMAN brings up HB 313 (IMPOSITION/REVOCATION,SUSPENDED
SENTENCES) as the next order of business before the committee. The
chairman calls the prime sponsor to testify.
Number 103
REPRESENTATIVE PETE KOTT, prime sponsor of HB 313 states HB 313
primarily deals with class B misdemeanors. Under current law, a
judge cannot put a person on probation any longer than the maximum
period of time that person could be sentenced to prison. For
instance, the maximum sentence for disorderly conduct is ten days,
so a judge could not sentence a person convicted of disorderly
conduct to probation for more than ten days. The intent of HB 313
is to give judges a little discretion in sentencing. It will allow
judges to put a defendant on probation for up to a year. It is
hoped that this option in sentencing will free up some prison
space.
Assigning a person to probation, and as a part of that probation
requiring them to attend an alcohol rehabilitation program, would
not fall under the parameters of the current probation status if
the alcohol rehabilitation program is for a longer period of time
than the amount of time they are on probation.
Number 128
CHAIRMAN LEMAN asks if there has been any previous objection to HB
313.
REPRESENTATIVE KOTT states HB 313 passed the House of
Representatives by a vote of 36 to 0.
CHAIRMAN LEMAN asks if there is anyone in the public who wishes to
testify on HB 313. The chairman asks Ms. Knuth if she would like
to join the committee at the table.
Number 132
SENATOR TAYLOR states that, as a former district court judge, had
the provisions contained in HB 313 been available to him, he would
have utilized them. There are many times when the amount of
maximum sentence allowable forces a judge to actually incarcerate
more frequently when there isn't opportunity to do the type of
probationary activities that will often times turn a person around.
Senator Taylor thinks HB 313 is an excellent idea.
Number 142
MARGOT KNUTH, Assistant Attorney General, Criminal Division,
Department of Law states the Department of Law very much supports
HB 313. It is something the department knows judges would like to
have as an option during sentencing. Many judges have trouble
deciding whether a person should have suspended imposition of
sentence in 90 days or 10 days. So the judges enter a conviction
of record that cannot be removed from the defendants record,
because that enables the judge to give a defendant a years
probation.
MS. KNUTH states the Public Defender's Office, the Office of Public
Advocacy, the Court System, and the Department of Law all support
HB 313.
CHAIRMAN LEMAN asks if anyone else wishes to testify on HB 313.
Number 170
SENATOR TAYLOR makes a motion to discharge HB 313 from the Senate
State Affairs Committee with individual recommendations.
Number 172
CHAIRMAN LEMAN, hearing no objection, orders HB 313 released from
committee with individual recommendations.
Number 178
CHAIRMAN LEMAN brings up SB 248 (ASSIST & PROTECT VULNERABLE ADULT)
as the next order of business before the committee. The chairman
calls Commissioner Usera to testify.
Number 183
NANCY BEAR USERA, Commissioner, Department of Administration says
she will make a brief statement about both SB 248 and SB 250. She
states SB 248 and SB 250 are two of a three bill package from the
governor affecting senior's programs.
SB 248 has no fiscal note in terms of new funds; however, it does
represent a transfer of funds from the Department of Health &
Social Services to the Department of Administration. It is part of
the effort to consolidate senior's programs into one department.
COMMISSIONER USERA states SB 250 is the reorganization of the
commissions that deal with senior's programs. There is no fiscal
note associated with SB 250.
(the discussion returns to SB 248.)
Number 218
COMMISSIONER USERA says the administration is really anxious to see
these bills move through the legislative process.
CHAIRMAN LEMAN asks if there is any committee discussion.
Number 229
SENATOR TAYLOR says he has a question regarding page 4 of SB 248,
where it states gross negligence is the only standard upon which
compensatory damages may be awarded. Senator Taylor thinks that is
out of line. Why should there be a lesser standard in this
circumstance than that which anyone else would have to meet?
Number 242
COMMISSIONER USERA states that was an amendment that was made in
the Senate Health, Education & Social Services Committee by the
committee.
Number 253
SENATOR TAYLOR asks if the administration takes a position on this
language.
COMMISSIONER USERA says the administration found that language
acceptable based on the discussion at the time the amendment was
made.
SENATOR TAYLOR asks that an amendment to SB 248 be made on page 4.
Delete, on line 4, beginning with "A person may not..." through
"..personal injury." on line 12.
Number 268
SENATOR TAYLOR states he is suggesting that amendment because if
someone misuses their office or their position, they should be
liable.
Number 284
CHAIRMAN LEMAN states he opposes that amendment. The chairman asks
if anyone in the public wishes to comment on the amendment. The
chairman asks Commissioner Usera if the language Senator Taylor is
proposing to delete was in the original bill.
COMMISSIONER USERA replies that the language was not in the
original bill, but was added by the Senate Health, Education &
Social Services Committee.
CHAIRMAN LEMAN asks if the objection to the amendment is
maintained.
CHAIRMAN LEMAN states he still objects to the amendment and asks
that the role be taken.
The amendment is adopted, 3 yeas, 2 nays. Voting in favor of the
amendment are Senators Taylor, Ellis, and Duncan. Voting against
the amendment is Chairman Leman and Senator Miller.
Number 304
SENATOR TAYLOR states that on page 11 there is a further immunity
provision, but he will not ask for deletion of that provision.
SENATOR LEMAN asks if there are any further amendments or
discussion.
Number 310
SENATOR TAYLOR makes a motion to discharge SB 248 from the Senate
State Affairs Committee with individual recommendations.
Number 311
CHAIRMAN LEMAN, hearing no objection, orders SB 248 released from
committee with individual recommendations.
Number 313
CHAIRMAN LEMAN brings up SB 250 (REVISE OLDER ALASKANS COMMISSION)
as the next order of business before the committee. The chairman
calls Ms. Meiners to testify.
Number 317
MARY LOU MEINERS, State Chairperson, American Association of
Retired Persons Legislative Committee commends the administration
for their work on senior's programs, but takes objection with the
provision in SB 250 on page 3, lines 12 and 13, which gives the
governor the power to appoint the chair of the Older Alaskans
Commission. The AARP feels that since the governor appoints all
the members of the commission, the commission itself should be able
to choose its' chairperson. Otherwise, the AARP is in favor of SB
250.
Number 335
SENATOR LEMAN asks Ms. Meiners if she thinks her concern is really
that important.
MS. MEINERS says she has received a lot of calls regarding that
provision, and people seem to be concerned with it. She states the
people who have contacted her think it is important to retain that
one bit of power on the commission.
Number 345
SENATOR DUNCAN makes a motion, based on Ms. Meiners testimony, to
delete section 7 if it would give the commission the power to elect
their own chair.
Number 352
CONNIE SIPE, Director, Division of Senior Services, Department of
Administration states if section 7 is deleted, that would enable
the commission to elect its' own officers and chairperson.
Number 360
SENATOR LEMAN asks Commissioner Usera and Ms. Sipe if they can
defend section 7.
Number 361
COMMISSIONER USERA responds the difference of opinion on section 7
lies in advocacy for the program. The Older Alaskans Commission,
which under SB 250 becomes the Commission on Aging has a dual
mandate, not only to administer programs and establish policy, but
also to be an advocate for senior's programs. The administration
believes that advocacy role can be better served if there is a
relationship between the governor and the chairman.
Number 383
SENATOR DUNCAN says it also makes sense for the senior community of
this state to have a different goal or policy than the
administration, and that the chairman shouldn't necessarily be
simply a mouth-piece for the governor.
COMMISSIONER USERA says that isn't the idea, the idea is for the
governor to have access to the commission. If the chairman of a
commission is so identified with the prior political appointment,
that their access to the governor or to the processes that entails,
impairs their ability to do the job.
Number 398
SENATOR DUNCAN says he has not been convinced and makes a motion to
delete section 7 from SB 250.
SENATOR TAYLOR states he thinks deleting section 7 would be
preferable. He has found that if a governor can select all the
members of a group, part of the selection process can be that
persons appointed agree to select the person the governor wants for
chairperson.
413
COMMISSIONER USERA says section 7 is in the administration's best
judgement and is their recommendation on how organizations can best
be managed. Certainly, if there is a difference of opinion, the
administration will not attempt to hold the bill up or take great
exception to an amendment.
Number 422
CHAIRMAN LEMAN asks if there is objection to the motion to delete
section 7 from SB 350. Hearing no objection, the amendment has
been adopted. The chairman asks if there is further discussion on
SB 250.
Number 427
SENATOR TAYLOR makes a motion to discharge SB 250 from the Senate
State Affairs Committee with individual recommendations.
Number 433
COMMISSIONER USERA states that on page 2, line 17, section 3 there
is a provision allowing the governor to appoint the pioneer home
chairperson also. In the interest of consistency, the commissioner
brings that to the committee's attention.
Number 446
CHAIRMAN LEMAN makes a motion to delete the material on line 17,
page 2. Hearing no objection, the chairman notes the amendment has
been adopted.
SENATOR TAYLOR renews his motion to discharge SB 250 from the
Senate State Affairs Committee with individual recommendations.
Number 454
CHAIRMAN LEMAN, hearing no objection, orders SB 250 released from
committee with individual recommendations.
Number 456
CHAIRMAN LEMAN brings up SB 21 (MISC. GRANDPARENT VISITATION
RIGHTS) as the next order of business. The chairman calls Senator
Donley to testify.
Number 463
SENATOR DAVE DONLEY, prime sponsor of SB 21 states SB 21 would give
grandparents standing to ask a court for visitation rights with
their grandchildren. This bill would simply give them that
standing to ask for visitation rights. SB 21 does not require that
visitation rights be given, it is completely up to the discretion
of the judge, but currently grandparents do not have the standing
to even ask for visitation.
Number 471
CHAIRMAN LEMAN notes there is one announcement he needs to make,
and that is that SB 273 will not be heard today in the State
Affairs Committee. The prime sponsor has asked that the committee
hold off on hearing the bill.
Number 475
SENATOR DONLEY states there has been a request by the Alaska
Women's Lobby to delete section 4 of SB 21. Senator Donley states
he does not have any particular objection to deleting that section.
Section 4 applies to mutual agreements of dissolution by both
parents, and the court is not involved in that. Some persons feel
that grandparents should not be involved in that process. Senator
Donley thinks that the bill will be a real step forward with or
without that section. He will leave that deletion up to the
committee.
CHAIRMAN LEMAN asks if what the pleasure of the committee is.
Number 494
SENATOR TAYLOR makes a motion to discharge SB 21 from the Senate
State Affairs Committee with individual recommendations.
Number 497
CHAIRMAN LEMAN, hearing no objection, orders SB 21 released from
committee with individual recommendations.
CHAIRMAN LEMAN adjourns the Senate State Affairs Committee meeting
at 9:43 a.m.
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