03/26/2013 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearings | |
| SB11 | |
| SB63 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | SB 11 | TELECONFERENCED | |
| = | SB 63 | ||
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
March 26, 2013
9:02 a.m.
MEMBERS PRESENT
Senator Fred Dyson, Chair
Senator Cathy Giessel, Vice Chair
Senator John Coghill
Senator Bill Wielechowski
MEMBERS ABSENT
Senator Bert Stedman
COMMITTEE CALENDAR
CONFIRMATION HEARING: GOVERNOR'S APPOINTMENTS
Alaska Oil and Gas Conservation Commission
Cathy Foerster
- CONFIRMATION ADVANCED
State Commission for Human Rights
Jason Hart
- CONFIRMATION ADVANCED
SENATE BILL NO. 11
"An Act amending certain provisions of criminal law prohibiting
the manufacture, sale, transfer, or possession of switchblades
and gravity knives; adding definitions of 'gravity knife' and
'switchblade' to the criminal law; and reserving to the state,
with limited exceptions for municipalities, the authority to
regulate knives."
- MOVED SB 11 OUT OF COMMITTEE
SENATE BILL NO. 63
"An Act relating to contracts for the preparation of election
ballots."
- MOVED CSSB 63(STA) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 11
SHORT TITLE: KNIVES, GRAVITY KNIVES, & SWITCHBLADES
SPONSOR(s): SENATOR(s) DYSON
01/16/13 (S) PREFILE RELEASED 1/11/13
01/16/13 (S) READ THE FIRST TIME - REFERRALS
01/16/13 (S) STA, JUD
03/26/13 (S) STA AT 9:00 AM BUTROVICH 205
BILL: SB 63
SHORT TITLE: CONTRACTS FOR PREPARATION OF BALLOTS
SPONSOR(s): SENATOR(s) FAIRCLOUGH
02/22/13 (S) READ THE FIRST TIME - REFERRALS
02/22/13 (S) STA, FIN
03/05/13 (S) STA AT 9:00 AM BUTROVICH 205
03/05/13 (S) Heard & Held
03/05/13 (S) MINUTE(STA)
03/26/13 (S) STA AT 9:00 AM BUTROVICH 205
WITNESS REGISTER
CATHY FOERSTER, Chair
Alaska Oil and Gas Conservation Commission (AOGCC)
Anchorage, Alaska
POSITION STATEMENT: Provided information related to her
confirmation hearing.
JASON HART, Appointee
State Commission for Human Rights
Anchorage, Alaska
POSITION STATEMENT: Provided information related to his
confirmation hearing.
CHUCK KOPP, Staff
Senator Fred Dyson
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced SB 11 on behalf of the sponsor.
TODD RATHNER
Knife Rights
Tucson, Arizona
POSITION STATEMENT: Testified in support of SB 11.
ANTHONY NEWMAN, Social Services Program Officer
Division of Juvenile Justice
Department of Health and Social Services
Juneau, Alaska
POSITION STATEMENT: Provided information related to SB 11.
LAURA PIERRE, Staff
Senator Anna Fairclough
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided information related to SB 63 on
behalf of the sponsor.
GAIL FENUMAI, Director
Division of Elections
Office of the Lieutenant Governor
Juneau, Alaska
POSITION STATEMENT: Answered questions related to SB 63.
ACTION NARRATIVE
9:02:36 AM
CHAIR FRED DYSON called the Senate State Affairs Standing
Committee meeting to order at 9:02 a.m. Present at the call to
order were Senators Wielechowski, Coghill, and Chair Dyson.
^CONFIRMATION HEARINGS
CONFIRMATION HEARINGS
Alaska Oil and Gas Conservation Commission
9:04:25 AM
Chair Dyson announced that the first order of business would be
confirmation hearings. He called Ms. Foerster to testify, noting
there is a copy of her extensive resume in members' packets.
CATHY FOERSTER, Chair, Alaska Oil and Gas Conservation
Commission (AOGCC), provided information related to her
confirmation hearing.
CHAIR DYSON inquired how many years Ms. Foerster has served on
AOGCC. He asked why she wanted to be reappointed.
MS. FOERSTER related that she has been on the AOGCC for eight
years. She said that AOGCC quietly does highly technical,
important work for the state of Alaska. It is important that
someone with knowledge and experience of Alaska oil and gas
operations serve on AOGCC. She said she enjoys working on AOGCC
and meets those qualifications.
CHAIR DYSON requested that Ms. Foerster explain the mission of
AOGCC as it relates to good stewardship and conservation of the
state's resources.
MS. FOERSTER explained the major goals of AOGCC: encourage
greater recover of hydrocarbons, prevent waste of hydrocarbons,
protect rights of owners of hydrocarbon resources, protect fresh
ground waters from damage due to oil and gas operations, and
protect human health and safety during well operations.
CHAIR DYSON understood that AOGCC's records are confidential.
MS. FOERSTER explained that when an operator drills an
exploratory well, all that data is held confidential for two
years. She said any development well drilling or work is not
confidential and neither is production data. She noted that
special studies or requests for data not required by law can be
confidential. She used the Prudhoe Bay and Point Thomson studies
as examples of confidential data outside of the normal required
data. She reported on the most famous confidential exploratory
well is the KIC#1 "Kick Well" in the Arctic National Wildlife
Refuge.
9:08:42 AM
CHAIR DYSON concluded that AOGCC has the most comprehensive data
set of what the underground structures are like.
MS. FOERSTER said that was true in Alaska.
CHAIR DYSON asked if AOGCC approves drilling plans.
MS. FOERSTER said yes. She explained that the drilling plan is
reviewed by engineers and geologists to ensure that the plan
uses sound engineering and the best geology to ensure the best
recovery and safety.
CHAIR DYSON recalled that AOGCC makes producers have a blowout
preventer below the permafrost.
MS. FOERSTER said yes. She explained that the surface hole is
drilled without a blowout preventer because it has to be
attached to the pipe which has not been installed yet. A
diverter is required at that stage of drilling. She detailed how
a surface casing is eventually set, followed by the blowout
preventer.
CHAIR DYSON added that permafrost is unique to Alaska.
MS. FOERSTER agreed.
9:11:37 AM
SENATOR WIELECHOWSKI asked if the investigation of the Repsol
blowout has been completed and what lessons were learned.
MS. FOERSTER said she is sure others are investigating that
blowout, but AOGCC's investigation is complete. She explained
about shallow gas lenses that come and go throughout the North
Slope. If they are very small they cannot be seismically
detected. Although Respol used all the seismic and well control
data, they encountered a thin gas lense. She explained that
because of that blowout, Repsol is setting their surface pipe
shallower now, so the depth of the lenses is in a section that
is not being drilled for the surface hole, but rather in the
section being drilled with the blowout preventer.
SENATOR WIELECHOWSKI asked about the need for production
facilities in order to increase production.
MS. FOERSTER informed the committee that Kuparuk and Prudhoe Bay
facilities are gas and water constrained. Facilities are
designed for a certain volume of fluid. At the onset, that fluid
was predominantly oil. As the fields mature, the amount of gas
and water in the fluids increase and the amount of oil
decreases. In order to for Kuparuk and Prudhoe Bay to produce
substantially more oil, more facilities will be required.
However, everything costs money and there has to be a return on
the investment. Prudhoe Bay has had several expansions for the
purpose of production, after doing a financial analysis. She
concluded that the question is whether it is financially viable
to expand the facilities.
SENATOR WIELECHOWSKI asked about the status of the IPAD gas
processing facility.
MS. FOERSTER said she was not familiar with that facility.
SENATOR WIELECHOWSKI asked Ms. Foerster if she has any non-tax
suggestions for increasing oil production.
9:16:37 AM
MS. FOERSTER responded that for an industry that has a ten-year
payout from the time the discovery is made until the time the
first oil gets into the pipeline, the best thing the legislative
body can do is provide certainty. She gave an example of how a
company would invest in a project that cost more, but had
stability and rules that didn't change, rather than one that
costs less, but is less stable.
SENATOR WIELECHOWSKI commented that it sounds like Ms. Foerster
is arguing against the proposed oil tax bill [SB 21].
MS. FOERSTER emphasized that she is arguing for stability.
CHAIR DYSON asked if there is any objection to forwarding Ms.
Foerster's nomination. There was no objection.
He commented about who pays for the expansion of the fluid
handling in wells.
State Commission for Human Rights
9:18:26 AM
JASON HART, Appointee, State Commission for Human Rights,
provided information related to his confirmation hearing. He
listed his educational experience and his work experience. He
said he currently works for the Alaska Native Federal Health
Consortium in the Benefits Department.
MR. HART related that the reason he would like to serve on the
State Commission for Human Rights is, in part, due to its rich
history. He believed his experience in Human Resources is
related to employment discrimination. He voiced a strong desire
to serve all people. He stated that this will be his first time
serving on the Commission.
CHAIR DYSON asked if most cases before the Commission involve
job discrimination.
MR. HART said yes.
CHAIR DYSON related that he served several years on the
Commission and found that lives were touched in profound ways.
He said he appreciates Mr. Hart's service.
He announced the arrival of Senator Giessel.
MR. HART offered to answer questions.
SENATOR WIELECHOWSKI asked about a legislative audit that found
the Commission was not investigating complaints in a timely
manner. He added that he has also had constituents complain
about the lack of timeliness of investigations. He requested an
opinion from Mr. Hart.
MR. HART said he believes that issues should be settled in a
timely manner. He noted that he was not aware of the audit.
CHAIR DYSON moved to forward the following appointments to a
joint session for consideration:
Alaska Oil and Gas Conservation Commission
Cathy Foerster
State Commission for Human Rights
Jason Hart
He clarified that the motion does not reflect an intent by any
of the members to vote against or for the confirmation of the
individuals during any further sessions. There being no
objection, it was so ordered.
9:23:15 AM
At ease
SB 11-KNIVES, GRAVITY KNIVES, & SWITCHBLADES
9:23:57 AM
CHAIR DYSON announced the consideration of SB 11.
CHUCK KOPP, Staff, Senator Fred Dyson, sponsor of SB 11,
introduced the bill. He related that SB 11 makes it legal to
possess a gravity knife or switchblade for anyone 18 years of
age or older. He showed examples of those knives to committee
members.
He reported that over the past year, various businesses
questioned why automatic knives were deemed illegal when other
more dangerous knives were not. He said the sponsor reviewed the
statistics from the Department of Public Safety and from the
Uniform Crime Report to see if knives are a threat to public
safety. The conclusion was that there is no evidence to show
that a class of knives presents a threat to public safety.
The bill makes it legal for someone 18 and over to possess a
gravity knife or switchblade and it also decriminalizes the
manufacture or sale of those knives. The bill further states
that a person may not transfer or sell a gravity knife or
switchblade to a person under 18 without the prior written
consent of the parent or guardian. A person under 16 may possess
a gravity knife or switchblade if he or she has parental
consent.
9:26:57 AM
MR. KOPP said, additionally, the bill defines gravity knife and
switchblade. He cited two cases, State vs. Strange and State vs.
Weaver, that wrestled with the definition of a legal automatic
knife because it was not defined in statute. He said the
definitions proposed in the bill are consistent with federal law
and other states.
9:28:43 AM
MR. KOPP reported that currently it is legal for someone who is
21 and older to possess a concealed handgun unless they are a
felon. It is also legal for a minor child to possess a firearm
with permission of a parent. He detailed the restrictions in the
bill found on page 2, lines 6 and 7, where the word
"manufacture" was deleted. It states that it is illegal for a
person to sell or transfer a switchblade or a gravity knife to a
person under 18 without the prior written consent of a parent or
guardian. Also, a person may not knowingly sell a firearm or a
defensive weapon to a person under 18. A defensive weapon is
defined as an electric stun gun or a chemical agent dispenser -
something that does not cause a fatal injury.
MR. KOPP said page 3, line 26, is consistent with the statute
regarding the possession of a firearm by someone under 16 years
old. Possession of a switchblade or gravity knife is detailed on
page 4, line 10. He said on page 3, line 23, it shows how out of
sync the old law is. He gave other examples of consequences for
possession of a firearm. He stressed that possession of knives
should not fall into the same category as firearms and should
not be criminalized to the same extent.
He described the most dangerous knife as one that is fixed and
open; the others are basically pocket knives and they are
valuable tools. Most Alaskans carry small knives that currently
are attached to criminal liability.
MR. KOPP concluded that the final feature in the bill is in
Title 29 where it reserves to the state the power to regulate
knives, as it does firearms. This allows uniformity of the law
across jurisdictions in Alaska. It is still within the authority
of municipalities to provide protections based on reasonableness
founded in the law. For example, the law already makes it
illegal for any minor to conceal a deadly weapon.
He concluded that SB 11 is a very reasonable bill. He referred
to Department of Public Safety data that shows assaults on
troopers with knives is zero and assaults on people is very
small, only 2 percent of all assaults.
9:36:40 AM
He said there is no reason for keeping these tools criminalized.
He opined that the knives are not scary and should be legal to
possess.
SENATOR WIELECHOWSKI asked if there are any municipal laws that
SB 11 would preempt.
MR. KOPP said he was not aware of any. He pointed out that
knives are largely unregulated.
SENATOR WIELECHOWSKI asked what is being repealed in Section 7
on page 5.
MR. KOPP explained that the bill repeals the language in
misconduct involving weapons - fifth degree on line 10, page 4,
where it says "possess or transport a switchblade or gravity
knife." He clarified that the law allows for a default position
that makes knives legal, but if someone sells a knife to someone
under 18, prior consent is necessary. It is illegal for someone
under 16 to possess a knife without parental consent.
CHAIR DYSON said Senator Wielechowski raised an excellent point
about the state needing consistency regarding possession of
knives. He noted there was once a time when someone with a knife
would drive through the Mat-Su area and be out of compliance
with the law.
9:39:29 AM
TODD RATHNER, Knife Rights, testified in support of SB 11. He
discussed two points related to the bill, the repeal on the
antiquated ban on switchblades and knife pre-emption, which says
that the state has the sole authority on knife laws. He provided
the history of the ban on switchblades, which began as an
emotional reaction to them in the 1950's. He maintained that a
switchblade is not as dangerous as a kitchen knife. He dispelled
reasons that small knives are not considered dangerous, but
tools. He spoke of how safe a closed knife is. He said knife
bans have had no effect on crime. He noted that thirty states
have similar legislation.
He spoke of a knife pre-emption campaign, which gives the
legislature the power to regulate knife laws, not
municipalities.
9:46:36 AM
SENATOR WIELECHOWSKI asked about the federal Switchblade Knife
Act. He wondered if that is still in affect and would present a
problem in Alaska.
MR. RATHNER said that Act deals with interstate commerce and the
importation and of knives. He said it applies only on Indian
Reservations.
SENATOR WIELECHOWSKI commented that the Act prohibits possession
on federal lands, such as Metlakatla, and when mailing knives.
MR. KOPP said those were good questions. The Switchblade Knife
Act has been through appellate courts and is left to states to
regulate. He noted that switchblades can be purchased on line.
9:49:19 AM
ANTHONY NEWMAN, Social Services Program Officer, Division of
Juvenile Justice, Department of Health and Social Services,
provided information related to SB 11. He explained that because
possession of a switchblade or a gravity knife is currently an
offense in Alaska, Juvenile Justice does see youth for this
offense - about four referrals a year. Under the bill, only
juveniles under 16 would be referred for possession of a
switchblade or gravity knife, and then only when they do not
have permission to possess one of these knives. He informed the
committee that the bill appears to create a new status offense,
an offense that can only be committed by a juvenile, not an
adult.
He pointed out that Alaska is a participating state in a formula
grant program administered by the U.S. Office of Juvenile
Justice and Delinquency Prevention. As a participating state,
Alaska abides by specific rules governing the secure holding of
juveniles who commit status offenses. For example, under federal
rules, juvenile status offenders may not be held securely for
any period of time in an adult jail or lockup. He said Juvenile
Justice sought clarification from the federal office as to
whether status offenses involving knives would fall under the
rules for secure holds, and the federal office indicated they
would. This means that if the bill passes, Juvenile Justice
would need to educate staff and law enforcement partners about
the inclusion of switchblade and gravity knife possession by
certain juveniles as status offenses and report violations of
the rules regarding holds of juveniles to the U.S. Office of
Juvenile Justice and Delinquency Prevention.
CHAIR DYSON thanked Mr. Newman for his testimony.
9:51:54 AM
SENATOR WIELECHOWSKI asked if the Switchblade Knife Act would
apply in Denali National Park. He thought it would.
CHAIR DYSON noted the next committee of referral is the Senate
Judiciary Committee.
He reported that the bill was brought forth by Representatives
Neuman and Lynn a year ago. He suggested the content of SB 11
would be encompassed into Representative Neuman's bill.
9:53:15 AM
SENATOR GIESSEL moved to report SB 11 from committee with
individual recommendations and attached zero fiscal note. There
being no objection, SB 11 was reported from the Senate State
Affairs Standing Committee.
9:53:30 AM
At ease
SB 63-CONTRACTS FOR PREPARATION OF BALLOTS
9:55:23 AM
CHAIR DYSON announced that the final order of business would be
SB 63.
LAURA PIERRE, Staff, Senator Anna Fairclough, provided
information related to SB 63 on behalf of the sponsor. She noted
a work draft in the packets for the members to consider.
CHAIR DYSON asked if it was the N version of SB 63.
MS. PIERRE said that was correct.
9:56:05 AM
SENATOR GIESSEL moved to adopt CSSB 63, labeled 28-LS0459\N, as
the working draft. There being no objection, it was so ordered.
MS. PIERRE addressed the committee's concerns from the last
hearing of the bill. She noted the sponsor worked with the
Division of Elections to find new language that would satisfy
the director regarding the flexibility of accepting bids based
on criteria other than low bid. The work draft now includes the
bid for the preparation of ballots under the Request For
Proposal (RFP) process in the state procurement code.
9:57:12 AM
CHAIR DYSON requested to know the changes made to version A,
resulting in version N.
MS. PIERRE explained that there is a title change in version N.
The new title now reads, "An Act making contracts for the
preparation of election ballots subject to the provisions of the
state procurement code." She related that language was removed
from subsection (3) of Section 1, which now reads, "The director
shall contract for the preparation of ballots under AS 36.30
(State Procurement Code)."
She described another change on page 4 - Section 2 was removed
and replaced with, "AS 36.30.850(b)(7) is amended to read:
contracts for the transportation of ballots under AS 15." This
includes the preparation of ballots under the procurement code.
SENATOR WIELECHOWSKI asked if the bill applies to both paper
ballots and electronic ballots.
MS. PIERRE deferred to Ms. Fenumai to answer.
9:59:40 AM
GAIL FENUMAI, Director, Division of Elections, Office of the
Lieutenant Governor, answered questions related to SB 63. She
said the bill would address printed paper ballots.
SENATOR WIELECHOWSKI requested information about transparency in
the procurement process.
MS. FENUMAI deferred to Mr. Jones.
10:00:29 AM
VERN JONES, Chief Procurement Officer, Division of General
Services, Department of Administration, answered questions
related to SB 63. He stressed that the procurement code is
completely transparent, depending on the method that is used.
There are four formal procurements. At the $50,000 and above
level, the ITB Process, which is a low bid process, is used and
it is advertised on the on-line public notice web site for 21
days. It is the same process for an RFP, plus results are
published. Small procurements for under $50,000 have informal
quotes or RFP's and use the same methods of advertising. There
are also exceptions built into the procurement process, such as
for emergencies and limited competition, which are less
transparent.
SENATOR WIELECHOWSKI asked, if there was a special election,
would the procurement process in place be able to meet the
timelines.
MR. JONES said the code is flexible and could adapt to a special
election timeframe and allow other types of procurements.
SENATOR WIELECHOWSKI envisioned a primary election situation
that requires a fast turnaround. He wondered if a blanket
procurement would be used for the entire election season.
10:04:27 AM
MS. FENUMAI said the division would procure ballots for the
entire calendar year.
SENATOR WIELECHOWSKI noted that it would not be known who would
be on the general election ballot until after the primary and
there would be tight deadlines.
MS. FENUMAI said that was correct; however, the RFP would go out
based on quantity.
SENATOR WIELECHOWSKI concluded that the procurement process
would not have to be repeated.
MS. FENUMAI said yes; an RFP would be issued based on estimated
quantities for both the primary and the general election.
CHAIR DYSON assumed the contract would have provisions in it if
there was a special election.
MS. FENUMAI agreed.
SENATOR WIELECHOWSKI asked if the division supports the bill.
10:05:46 AM
MS. FENUMAI related that the exception for ballot printing in
the procurement code has been in place since 1986. The division
has experienced no problems with the current printer since 2002.
She stated that if it is the will of the legislature to have the
ballots printed by a competitive bidder, the way the bill is
drafted now would be in the best interest of the division.
CHAIR DYSON stressed the importance of elections and the
necessity to find a reliable vendor.
SENATOR WIELECHOWSKI agreed. He inquired if the procurement code
allows for quality.
10:07:04 AM
MR. JONES replied that within the procurement code, the RFP
process specifically allows for the evaluation of prior
experience, qualifications, and quality of equipment, rather
than just price.
SENATOR COGHILL commented that there is a limited scope in
Alaska as to who can do the work. He noted the division has
contracted with the same vendor for a while. He wondered if past
performance could become part of the criteria.
MS. FENUMAI posited several possible questions the division
could ask in order to determine past performance and experience
in printing ballots.
SENATOR COGHILL gave an example, "Have you printed for a
municipality?"
MS. FENUMAI said it's obvious that no other printer has printed
ballots on a statewide basis so that would not be a fair
criteria to use in an RFP.
10:09:18 AM
SENATOR GIESSEL moved to report CSSB 63, version 28-LS0459\N,
from committee with individual recommendations and a forthcoming
fiscal note. There being no objection, CSSB 63(STA) was reported
from the Senate State Affairs Standing Committee.
10:09:49 AM
There being no further business to come before the committee,
Chair Dyson adjourned the Senate State Affairs Standing
Committee at 10:09 a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 11 - Sponsor Statement.pdf |
SSTA 3/26/2013 9:00:00 AM |
SB 11 |
| SB 11 - Section Analysis.pdf |
SSTA 3/26/2013 9:00:00 AM |
SB 11 |
| SB 11 - Version A.pdf |
SSTA 3/26/2013 9:00:00 AM |
SB 11 |
| SB 11 - Fiscal Note -DCCED-DCRA-03-23-13.pdf |
SSTA 3/26/2013 9:00:00 AM |
SB 11 |
| SB 11 - Fiscal Note DOC-OC-03-22-13.pdf |
SSTA 3/26/2013 9:00:00 AM |
SB 11 |
| SB 11 - Handouts.pdf |
SSTA 3/26/2013 9:00:00 AM |
SB 11 |
| SB 11 - Fiscal Note -LAW-CRIM-03-22-13.pdf |
SSTA 3/26/2013 9:00:00 AM |
SB 11 |
| SB 11 - Alaska Committee Letter 2013.pdf |
SSTA 3/26/2013 9:00:00 AM |
SB 11 |