04/13/2023 03:30 PM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB71 | |
| SB119 | |
| SB32 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 71 | TELECONFERENCED | |
| += | SB 32 | TELECONFERENCED | |
| *+ | SB 119 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
April 13, 2023
3:30 p.m.
MEMBERS PRESENT
Senator Scott Kawasaki, Chair
Senator Jesse Bjorkman
Senator Bill Wielechowski
Senator Kelly Merrick
MEMBERS ABSENT
Senator Matt Claman, Vice Chair
COMMITTEE CALENDAR
SENATE BILL NO. 71
"An Act relating to pay for the Alaska State Defense Force; and
providing for an effective date."
- MOVED CSSB 71(STA) OUT OF COMMITTEE
SENATE BILL NO. 119
"An Act relating to state identifications and driver's licenses
for persons in the custody of the Department of Corrections;
relating to state identifications issued by the Department of
Corrections; relating to the duties of the commissioner of
corrections; relating to misconduct involving confidential
information; relating to voter identification; relating to
identification for fishing permits; relating to identification
for debtor financing statements; and providing for an effective
date."
- HEARD & HELD
SENATE BILL NO. 32
"An Act prohibiting the use of chokeholds by peace officers; and
relating to justification of use of force by peace officers."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 71
SHORT TITLE: PAY FOR AK DEFENSE FORCE
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
02/15/23 (S) READ THE FIRST TIME - REFERRALS
02/15/23 (S) STA, FIN
03/30/23 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
03/30/23 (S) Heard & Held
03/30/23 (S) MINUTE(STA)
04/13/23 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
BILL: SB 119
SHORT TITLE: STATE IDENTIFICATION CARD FOR PRISONERS
SPONSOR(s): MYERS
03/31/23 (S) READ THE FIRST TIME - REFERRALS
03/31/23 (S) STA
04/13/23 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
BILL: SB 32
SHORT TITLE: CHOKEHOLD BAN
SPONSOR(s): GRAY-JACKSON
01/18/23 (S) PREFILE RELEASED 1/13/23
01/18/23 (S) READ THE FIRST TIME - REFERRALS
01/18/23 (S) STA, JUD
02/23/23 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
02/23/23 (S) Heard & Held
02/23/23 (S) MINUTE(STA)
04/13/23 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
JOE HAYES, Staff
Senator Scott Kawasaki
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Reviewed the changes from version A to
version B of SB 71.
LIEUTENANT BRENDA CARR, member
Alaska State Defense Force
North Pole, Alaska
POSITION STATEMENT: Testified in support of SB 71.
SENATOR ROBERT MYERS, District Q
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 119.
DAWSON MANN, Staff
Senator Robert Myers
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the sectional analysis for SB 119
on behalf of the sponsor.
APRIL WILKERSON, Deputy Commissioner
Department of Corrections
Juneau, Alaska
POSITION STATEMENT: Answered questions relating to SB 119.
MICHAEL GARVEY, Advocacy Director
American Civil Liberties Union of Alaska
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 119.
DON HABEGER, Coalition Coordinator
Juneau Reentry Coalition
Juneau, Alaska
POSITION STATEMENT: Testified in support of SB 119.
SENATOR ELVI GRAY-JACKSON, District G
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 32.
JULIE SMYTH, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of SB 32.
LEONARD HICKS, Chief of Police
City of Bethel
Bethel, Alaska
POSITION STATEMENT: Testified in support of SB 32.
ACTION NARRATIVE
3:30:57 PM
CHAIR SCOTT KAWASAKI called the Senate State Affairs Standing
Committee meeting to order at 3:30 p.m. Present at the call to
order were Senators Wielechowski, Bjorkman, and Chair Kawasaki.
Senator Merrick arrived soon thereafter.
SB 71-PAY FOR AK DEFENSE FORCE
3:32:00 PM
CHAIR KAWASAKI announced the consideration of SENATE BILL NO. 71
"An Act relating to pay for the Alaska State Defense Force; and
providing for an effective date."
3:32:17 PM
CHAIR KAWASAKI asked for a motion to adopt the proposed
committee substitute (CS).
3:32:29 PM
SENATOR MERRICK moved to adopt the committee substitute (CS) for
SB 71, work order 33-GS1579\B, as the working document.
CHAIR KAWASAKI objected for discussion purposes.
3:32:48 PM
JOE HAYES, Staff, Senator Scott Kawasaki, Alaska State
Legislature, Juneau, Alaska, reviewed the following changes from
version A to B of SB 71.
Page 1, lines 9 - 12
Deleted
Page 1, line 9 - 10
Amended to add "Except as provided in (n) of this
section"
Page 1, line 12 through page 2, line 3
Adds a new subsection AS 23.05.260 (n) to read:
Members of the Alaska State Defense Force may receive
pay or allowances for training or community service
activity and the source of funding for the pay or
allowances in the authorization.
Page 2, line 15
Renumber the two sections accordingly.
3:33:54 PM
CHAIR KAWASAKI removed his objection; finding no further
objection, version B was adopted.
3:34:09 PM
CHAIR KAWASAKI opened public testimony on SB 71.
3:34:36 PM
LIEUTENANT BRENDA CARR, member, Alaska State Defense Force
(ASDF), North Pole, Alaska, testified in support of SB 71. She
explained that all ASDF members are volunteers who only get paid
when they are activated for emergency services. She said the
members are all very dedicated, but some can't afford to go on a
mission if it takes them away from their regular job for very
long. She talked about helping to put together the new
detachments in Gambell and Savoonga and the time it takes to get
the new members trained either in their community or with
another detachment. She said it's difficult for many ASDF
members to devote a week or more to help with this training when
they aren't getting paid and they're away from their regular
jobs.
CHAIR KAWASAKI asked if other ASDF members live in the
Fairbanks/North Pole area.
LIUETENANT CARR answered yes, a few ASDF members live in the
Fairbanks and Delta Junction areas. Many detachments are in
rural areas and the hope is that some will have prior military
experience so they can help with training. When that isn't the
case, it's necessary to send members to the community to provide
the training or have the new members travel to ASDF headquarters
in Wasilla for training.
CHAIR KAWASAKI read from a document that Senator Merrick
provided that shows the number of ASDF members and their
locations. The Fairbanks area has 7 ASDF members, 55 reside in
Wasilla, 50 in Kodiak, and others are spread throughout the
state.
He noted who was available to answer questions.
3:39:33 PM
CHAIR KAWASAKI discerned that nobody else wished to testify and
he closed public testimony on SB 71.
3:39:44 PM
SENATOR MERRICK moved to report the CS for SB 71, work order 33-
GS33-GS1579\B, from committee with individual recommendations
and attached fiscal note(s).
3:39:56 PM
CHAIR KAWASAKI found no objection and CSSB 71(STA) was reported
from the Senate State Affairs Standing Committee.
SB 119-STATE IDENTIFICATION CARD FOR PRISONERS
3:40:22 PM
CHAIR KAWASAKI announced the consideration of SENATE BILL NO.
119 "An Act relating to state identifications and driver's
licenses for persons in the custody of the Department of
Corrections; relating to state identifications issued by the
Department of Corrections; relating to the duties of the
commissioner of corrections; relating to misconduct involving
confidential information; relating to voter identification;
relating to identification for fishing permits; relating to
identification for debtor financing statements; and providing
for an effective date."
3:40:42 PM
SENATOR ROBERT MYERS, District Q, Alaska State Legislature,
Juneau, Alaska, sponsor of SB 119, introduced the legislation
speaking to the sponsor statement.
Senate Bill 119 provides easier access to
identification cards for reentrants upon release,
granting them an important tool for reintegration.
SB 119 grants the Department of Corrections the
statutory authority to issue state IDs to anyone
leaving their custody that does not have an ID in
their possession. Individuals are required to present
a valid form of ID in order to gain new employment,
apply for housing, drive a car, open a bank account,
travel, purchase a phone, apply for Medicaid or Social
Security, obtain medication, and register to vote. The
inability to find housing or employment or obtain
medications are significant factors in whether or not
a person is likely to reoffend, endangering public
safety and costing the state more money once they are
back in prison.
Reentry is an essential part of public safety.
Ensuring reentrants are supported during their
transitional period helps improve community well-being
and public safety. By providing reentrants with a
valid form of identification upon their release we
also provide the individual with an essential tool for
finding housing, employment, and medical care and
alleviate the risk of reoffending.
3:42:06 PM
DAWSON MANN, Staff, Senator Robert Myers, Alaska State
Legislature, Juneau, Alaska, presented the sectional analysis
for SB 119 on behalf of the sponsor.
Section 1: AS 11.76.115 (c) Page 1, Lines 8-12
This section adds information encoded on Department of
Corrections identification cards to the list of
confidential information that is prohibited to obtain
illegally.
Section 2: AS 15.07.055 (e) Page 1, Line 13, Page 2,
Lines 1-10
AS 15.07.055 - This section clarifies that an ID
issued by the Department of Corrections can be used to
register to vote or change voter registration.
Section 3: AS 16.10.267 (c) Page 2, Line 11-15
This section adds conforming language that states a
fishermen may use a Department of Corrections
identification card to verify their identity for a
limited entry permit.
Section 4: AS 33.30.011 (a) Page 2 Lines 16-31, Page
3, Lines 1-31, Page 4, Lines 1-31, Page 5, Lines 1-19
This section requires the Department of Corrections to
ensure that a prisoner has an identification card in
their possession upon release. The Department of
Corrections will issue a person an ID if they do not
have one, and they will pay the application fee an
identification issued by the Department of
Administration.
Section 5: AS 33.30.105 Page 5, Lines 20-31, Page 6,
Lines 1-23
New section AS 33.30.105 is added with the following
subsections:
AS 33.30.105 (a) The Department of Corrections shall
issue an Identification Card that is identical to a
Driver's license except that the card will be a
different color and clearly state that the card is for
identification purposes only.
AS 33.30.105 (a) 1 Identification Cards issued by
the Department of Corrections will be assigned
distinguishing numbers.
AS 33.30.105 (a) 2 - Identification Cards issued by
the Department of Corrections must include a person's
full name, date of birth, physical description, and
photograph.
AS 33.30.105 (a) 3 - Identification Cards issued by
the Department of Corrections must include a
signature.
AS 33.30.105 (a) 4 - Identification Cards issued by
the Department of Corrections must have features
designed to prevent tampering.
AS 33.30.105 (a) 5 - Identification Cards issued by
the Department of Corrections must clearly display
that a person is under the age of 21.
AS 33.30.105 (a) 6 - Identification Cards issued by
the Department of Corrections must clearly state that
the individual is restricted from purchasing alcoholic
beverages.
AS 33.30.105 (b) - Identification Cards issued by the
Department of Corrections may not show a person's
social security number.
AS 33.30.105 (c) Identification Cards issued by the
Department of Corrections expire 180 days after they
are issued or 90 days after the person turns 21,
whichever comes first.
AS 33.30.105 (d) A person cannot provide false
information in an application for a Department of
Corrections identification card, use a fraudulent
identification card, or allow another person to use
their identification card.
AS 33.30.105 (e) It is a misdemeanor to violate
section (d) of AS 33.30.105 in this bill.
Section 6: AS 45.29.503 (a) Page 6 Lines 24-31, Page
7, Lines 1-31, Page 8, Lines 1-4
Clarifies that an Identification card issued under AS
33.30.105 is a valid form of ID for financial
documents.
Section 7: AS 45.29.503 (g) Page 8, Lines 5-10
Clarifies that the most recently issued identification
card issued by the department is the only valid card.
Section 8: Page 8, Line 11 This section establishes an
effective date for the bill of January 1st, 2024
SENATOR MYERS noted the individuals his office had invited to
answer questions.
3:47:49 PM
CHAIR KAWASAKI asked whether the ID card would be Real ID
compliant.
SENATOR MYERS answered no; someone who is just released from
prison often is not able to provide proof of residence, which is
a requirement for Real ID.
3:48:59 PM
CHAIR KAWASAKI opened public testimony on SB 119.
CHAIR KAWASAKI referenced the fiscal note analysis from the
Department of Corrections (DOC) that says DOC will "make a good
faith effort" to ensure a released prisoner has a valid state ID
card. He asked if it was the department's intent that all
prisoners will have a state identification card upon release.
3:50:20 PM
APRIL WILKERSON, Deputy Commissioner, Department of Corrections,
Juneau, Alaska, answered yes. If the individual had a valid
State of Alaska ID when they entered prison, that will be
returned if it's still valid; otherwise, an ID card will be
issued upon release.
3:51:06 PM
MICHAEL GARVEY, Advocacy Director, American Civil Liberties
Union of Alaska, Anchorage, Alaska, stated support for ensuring
that people returning to their communities from prison have
valid identification because it's a critical piece to reentry.
When someone is released without identification they may not be
able to do routine tasks such as secure housing, apply for a
job, establish a consistent mailing address, apply for a bank
account, have a steady phone number, or get health care outside
an emergency situation. Leaving prison without proper ID adds
one more thing to the list of things a person needs to do to
survive outside of prison. He said it's in everybody's best
interest to ensure that people who are released from prison have
the tools they need to succeed and not feel ostracized by
society.
MR GARVEY encouraged the committee to make sure that the
requirements for ID listed in SB 119 will not allow the cards to
be produced in a way that could identify the person as
previously incarcerated. He reiterated support for SB 119 and
its intent.
3:53:09 PM
DON HABEGER, Coalition Coordinator, Juneau Reentry Coalition,
Juneau, Alaska informed the committee that he submitted a letter
to the sponsor in support of SB 119. He conveyed a story that
illustrates the real need for the legislation. In early November
he received a call from someone who was recently released from
Lemon Creek Correctional Center and wanted an ID card. The first
trip to DMV wasn't successful because he didn't have a birth
certificate to prove his identity. He had the birth certificate
in hand a month later and they made a second trip to DMV. The
man was denied again because he didn't have proof of address.
The emergency shelter wrote a letter on their letterhead saying
the man was staying at the emergency shelter. DMV accepted that
and the man got a state ID card.
MR. HABEGER said what's so significant about the story is how
long it took to gather the necessary information to satisfy the
DMV requirements to obtain an identification card. All the man
was trying to do was to start the process to reestablish himself
in the community. Whatever the state can do to decrease the
impediments to reentry is important. He said that is why the
Juneau Reentry Coalition supports SB 119.
3:56:07 PM
CHAIR KAWASAKI closed public testimony on SB 119 and held the
bill in committee.
3:56:32 PM
At ease
SB 32-CHOKEHOLD BAN
4:03:27 PM
CHAIR KAWASAKI reconvened the meeting and announced the
consideration of SENATE BILL NO. 32 "An Act prohibiting the use
of chokeholds by peace officers; and relating to justification
of use of force by peace officers."
He asked the sponsor to provide a summary of the bill.
4:03:49 PM
SENATOR ELVI GRAY-JACKSON, District G, Alaska State Legislature,
Juneau, Alaska, sponsor of SB 32, read the sponsor statement.
Police use numerous methods to restrain and limit the
movement and overall activity of someone who possess a
danger to themselves or to others (including the
police officer). One of the most common restraints are
carotid and a tracheal choke. Both restraints impede
breathing and circulation of blood. If these
restraints are used incorrectly, death through
asphyxiation may occur. Throughout the United States,
there are cases of the misuse of chokeholds. Senate
Bill (SB) 32 would assist in reducing the rate of
chokeholds used incorrectly. SB 32 would further seek
to improve police to community relationships by
addressing a long-standing issue around use of force.
SENATOR GRAY-JACKSON stated that while many police agencies
already prohibit the use of choke holds, the policy can change
when leadership changes. Placing the ban in statute will ensure
it will remain in perpetuity, which is the goal.
4:05:19 PM
CHAIR KAWASAKI opened public testimony on SB 32.
4:05:45 PM
JULIE SMYTH, representing self, Fairbanks, Alaska, testified in
support of SB 32. She stated her belief that police should be
well-trained and know the rules about how to engage with the
public. She opined that the public wouldn't necessarily be
notified if a police department changed policy and started
allowing the use of chokeholds so having them prohibited in law
would increase trust between law enforcement and the communities
they serve.
4:07:04 PM
LEONARD HICKS, Chief of Police, City of Bethel, Bethel, Alaska,
testified in support of SB 32. He described the use of
chokeholds by police officers as a tool that should only be used
in the same situations as those where deadly force would be
authorized. The bill will ensure that the policies and
procedures related to chokeholds will remain when leadership
changes.
4:09:00 PM
CHAIR KAWASAKI closed public testimony on SB 32 and held the
bill in committee.
4:10:33 PM
There being no further business to come before the committee,
Chair Kawasaki adjourned the Senate State Affairs Standing
Committee meeting at 4:10 p.m.