05/02/2023 03:30 PM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB95 | |
| HB8 | |
| SB61 | |
| SB119 | |
| SB138 | |
| SB23 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 138 | TELECONFERENCED | |
| += | SB 95 | TELECONFERENCED | |
| += | HB 8 | TELECONFERENCED | |
| += | SB 61 | TELECONFERENCED | |
| + | SB 23 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 119 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
May 2, 2023
3:34 p.m.
MEMBERS PRESENT
Senator Scott Kawasaki, Chair
Senator Matt Claman, Vice Chair
Senator Jesse Bjorkman
Senator Bill Wielechowski
Senator Kelly Merrick
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 95
"An Act relating to special request specialty organization
registration plates; and providing for an effective date."
- MOVED CSSB 95(STA) OUT OF COMMITTEE
HOUSE BILL NO. 8
"An Act relating to electric-assisted bicycles."
- MOVED SCS HB 8(STA) OUT OF COMMITTEE
SENATE BILL NO. 61
"An Act relating to an interstate compact to elect the President
and Vice-President of the United States by national popular
vote; and relating to the selection of electors for candidates
for President and Vice-President of the United States and to the
duties of those electors."
- MOVED SB 61 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."
- MOVED SB 119 OUT OF COMMITTEE
SENATE BILL NO. 138
"An Act relating to elections; relating to voters; relating to
voting; relating to the crime of unlawful interference with
voting in the first degree; relating to campaign signs; relating
to the reporting of financial and business interests by certain
municipal officers and former officers and candidates for
municipal office; relating to the Redistricting Board; and
providing for an effective date."
- MOVED CSSB 138(STA) OUT OF COMMITTEE
SENATE BILL NO. 23
"An Act relating to the duties of the Alaska Police Standards
Council; relating to municipal correctional officers and
municipal correctional employees; making municipal police
officers subject to police standards; relating to the duties of
the Department of Public Safety; relating to reports of
incidents of use of force by state and municipal police,
probation, parole, and correctional officers and municipal
correctional facility employees; and providing for an effective
date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 138
SHORT TITLE: ELECTIONS; VOTER REG.; CAMPAIGNS
SPONSOR(s): STATE AFFAIRS
04/25/23 (S) READ THE FIRST TIME - REFERRALS
04/25/23 (S) STA, FIN
04/26/23 (S) STA WAIVED PUBLIC HEARING NOTICE,RULE
23
04/27/23 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
04/27/23 (S) Heard & Held
04/27/23 (S) MINUTE(STA)
05/02/23 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
BILL: SB 95
SHORT TITLE: LICENSE PLATES: SPECIALTY ORGANIZATIONS
SPONSOR(s): MERRICK
03/08/23 (S) READ THE FIRST TIME - REFERRALS
03/08/23 (S) STA, FIN
04/18/23 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
04/18/23 (S) -- MEETING CANCELED --
04/20/23 (S) STA AT 3:30 PM
04/20/23 (S) Heard & Held
04/20/23 (S) MINUTE(STA)
05/02/23 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
BILL: HB 8
SHORT TITLE: ELECTRIC-ASSISTED BICYCLES
SPONSOR(s): CARRICK
01/09/23 (H) PREFILE RELEASED 1/9/23
01/19/23 (H) READ THE FIRST TIME - REFERRALS
01/19/23 (H) STA, L&C, TRA
02/23/23 (H) STA AT 3:00 PM GRUENBERG 120
02/23/23 (H) Heard & Held
02/23/23 (H) MINUTE(STA)
02/27/23 (H) L&C REFERRAL REMOVED
02/27/23 (H) BILL REPRINTED
03/02/23 (H) STA AT 3:00 PM GRUENBERG 120
03/02/23 (H) Moved HB 8 Out of Committee
03/02/23 (H) MINUTE(STA)
03/06/23 (H) STA RPT 6DP
03/06/23 (H) DP: ARMSTRONG, CARPENTER, C.JOHNSON,
ALLARD, WRIGHT, SHAW
03/14/23 (H) TRA AT 1:00 PM BARNES 124
03/14/23 (H) Heard & Held
03/14/23 (H) MINUTE(TRA)
03/28/23 (H) TRA AT 1:00 PM BARNES 124
03/28/23 (H) Moved CSHB 8(TRA) Out of Committee
03/28/23 (H) MINUTE(TRA)
03/29/23 (H) TRA RPT CS(TRA) NEW TITLE 7DP
03/29/23 (H) DP: MINA, STUTES, MCKAY, C.JOHNSON,
SUMNER, VANCE, MCCABE
04/14/23 (H) FAILED TO ADOPT TRA CS N39 E1
04/17/23 (H) TRANSMITTED TO (S)
04/17/23 (H) VERSION: HB 8
04/19/23 (S) READ THE FIRST TIME - REFERRALS
04/19/23 (S) STA
04/20/23 (S) TRA AT 1:30 PM BUTROVICH 205
04/20/23 (S) <Pending Referral>
04/20/23 (S) STA AT 3:30 PM
04/20/23 (S) Heard & Held
04/20/23 (S) MINUTE(STA)
05/02/23 (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)
04/13/23 (S) Heard & Held
04/13/23 (S) MINUTE(STA)
BILL: SB 61
SHORT TITLE: US PRESIDENT ELECT. POPULAR VOTE COMPACT
SPONSOR(s): WIELECHOWSKI
02/07/23 (S) READ THE FIRST TIME - REFERRALS
02/07/23 (S) JUD, STA
03/13/23 (S) JUD AT 1:30 PM BUTROVICH 205
03/13/23 (S) Heard & Held
03/13/23 (S) MINUTE(JUD)
04/17/23 (S) JUD AT 1:30 PM BUTROVICH 205
04/17/23 (S) Moved SB 61 Out of Committee
04/17/23 (S) MINUTE(JUD)
04/19/23 (S) JUD RPT 2DP 1DNP 1NR
04/19/23 (S) DP: CLAMAN, TOBIN
04/19/23 (S) NR: GIESSEL
04/19/23 (S) DNP: KAUFMAN
04/25/23 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
04/25/23 (S) Heard & Held
04/25/23 (S) MINUTE(STA)
05/02/23 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
BILL: SB 23
SHORT TITLE: LAW ENFORCEMENT: REGISTRY; USE OF FORCE
SPONSOR(s): GRAY-JACKSON BY REQUEST
01/18/23 (S) PREFILE RELEASED 1/9/23
01/18/23 (S) READ THE FIRST TIME - REFERRALS
01/18/23 (S) CRA, STA
03/09/23 (S) CRA AT 1:30 PM BELTZ 105 (TSBldg)
03/09/23 (S) Heard & Held
03/09/23 (S) MINUTE(CRA)
03/21/23 (S) CRA AT 1:30 PM BELTZ 105 (TSBldg)
03/21/23 (S) Moved CSSB 23(CRA) Out of Committee
03/21/23 (S) MINUTE(CRA)
03/22/23 (S) CRA RPT CS 1DP 3NR NEW TITLE
03/22/23 (S) NR: DUNBAR, BJORKMAN, GIESSEL
03/22/23 (S) DP: GRAY-JACKSON
05/02/23 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
SORCHA HAZELTON, Staff
Senator Kelly Merrick
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the explanation of changes from
version A to version B for SB 95.
STUART RELAY, Staff
Representative Ashley Carrick
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the explanation of changes from
version A to version R for HB 8.
REPRESENTATIVE ASHLEY CARRICK, District 35
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of HB 8.
SANTA CLAUS, representing self
North Pole, Alaska
POSITION STATEMENT: testified in support of SB 61.
SENATOR ROBERT MEYERS, District Q
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 119.
MATT LONGABAUGH, Staff
Senator Scott Kawasaki
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the explanation of changes from
version A to version B of SB 138.
DAVID DUNSMORE, Staff
Senator Bill Wielechowski
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided an explanation for Amendment 1 for
SB 138.
SENATOR ELVI GRAY-JACKSON, District G
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 23,
HARLYN ANDREW, Staff
Senator Elvi Gray-Jackson
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the sectional analysis for SB 23
on behalf of the sponsor.
ACTION NARRATIVE
3:34:47 PM
CHAIR SCOTT KAWASAKI called the Senate State Affairs Standing
Committee meeting to order at 3:34 p.m. Present at the call to
order were Senators Bjorkman, Merrick, Claman, Wielechowski, and
Chair Kawasaki.
SB 95-LICENSE PLATES: SPECIALTY ORGANIZATIONS
3:36:20 PM
CHAIR KAWASAKI announced the consideration of SENATE BILL NO. 95
"An Act relating to special request specialty organization
registration plates; and providing for an effective date."
He noted that there was a committee substitute (CS) for the
committee to consider.
3:36:35 PM
SENATOR BJORKMAN moved to adopt the committee substitute (CS)
for SB 138, work order 33-LS0517\B, as the working document.
CHAIR KAWASAKI objected for purposes of discussion.
3:37:27 PM
SORCHA HAZELTON, Staff, Senator Kelly Merrick, Alaska State
Legislature, Juneau, Alaska, presented the explanation of
changes from version A to version B for SB 95.
Explanation of Changes for SB 95
version A to version B
Page 1 Line 8-10
On Page 1, Lines 8-10, financial institutions,
insurance companies, and commercial real estate
holding companies that are organized under 26 U.S.C.
501(c) are made not eligible for specialty
organization license plates.
Page 2 Lines 2 3
Renumbers two sections accordingly.
3:38:05 PM
SENATOR KELLY MERRICK, District L, speaking as sponsor of SB 95,
recapped that the bill transfers the responsibility of approving
specialty license plates from the legislature to the Division of
Motor Vehicles.
3:38:50 PM
SENATOR BJORKMAN moved to report SB 95, work order 33-LS0517\B,
from committee with individual recommendations and attached
fiscal note(s).
3:39:14 PM
At ease
3:39:26 PM
CHAIR KAWASAKI reconvened the meeting and removed his objection
to adopting the CS for SB 95. He asked Senator Bjorkman to
restate the motion.
SENATOR BJORKMAN restated the motion to report SB 95, work order
33-LS0517\B, from committee with individual recommendations and
attached fiscal note(s).
CHAIR KAWASAKI found no objection and CSSB 95(STA) was reported
from the Senate State Affairs Standing Committee.
3:40:05 PM
At ease
HB 8-ELECTRIC-ASSISTED BICYCLES
3:40:37 PM
CHAIR KAWASAKI reconvened the meeting and announced the
consideration of HOUSE BILL NO. 8 "An Act relating to electric-
assisted bicycles."
He noted that this was the second hearing and there was a
committee substitute (CS) for the committee to consider.
3:40:52 PM
SENATOR CLAMAN moved to adopt the committee substitute (CS) for
HB 8, work order 33-LS0196\R, as the working document.
CHAIR KAWASAKI objected for purposes of discussion.
3:41:14 PM
STUART RELAY, Staff, Representative Ashley Carrick, Alaska State
Legislature, Juneau, Alaska, presented the explanation of
changes from version A to version R for HB 8.
Page 5, line 4 provides conforming changes.
Page 5, line 5 adds AS 41.23.295 that specifies that the
Department of Natural Resources (DNR) may set standards on the
land it manages for non-electric assisted bicycles in each
class.
Page 5, line 12 adds an immediate effective date.
3:41:59 PM
CHAIR KAWASAKI removed his objection. Finding no further
objection, version R was adopted. He asked the sponsor if she
had any final comments.
3:42:12 PM
REPRESENTATIVE ASHLEY CARRICK, District 35, Alaska State
Legislature, Juneau, Alaska, sponsor of HB 8, stated that the
changes were amenable and she supported the SCS as currently
written.
CHAIR KAWASAKI found no questions and solicited a motion.
SENATOR CLAMAN made a motion to move the bill and then restated
the motion below to reflect the Senate CS.
3:43:06 PM
At ease
3:44:24 PM
CHAIR KAWASAKI reconvened the meeting and asked Senator Claman
to restate the motion.
3:44:35 PM
SENATOR CLAMAN moved to report the Senate CS for HB 8(STA), work
order 33-LS0196\R, from committee with individual
recommendations and attached fiscal note(s).
CHAIR KAWASAKI found no objection and SCS HB 8(STA) was reported
from the Senate State Affairs Standing Committee.
3:45:03 PM
At ease
SB 61-US PRESIDENT ELECT. POPULAR VOTE COMPACT
3:45:54 PM
CHAIR KAWASAKI reconvened the meeting and announced the
consideration of SENATE BILL NO. 61 "An Act relating to an
interstate compact to elect the President and Vice-President of
the United States by national popular vote; and relating to the
selection of electors for candidates for President and Vice-
President of the United States and to the duties of those
electors."
He noted that this was the second hearing.
3:46:35 PM
CHAIR KAWASAKI opened public testimony on SB 61.
3:46:59 PM
SANTA CLAUS, representing self, North Pole, Alaska, testified in
support of SB 61. He stated that he was endorsing the National
Popular Vote Interstate Compact that preserves the Electoral
College and state control of elections. It ensures that the
presidential candidate who receives the most popular votes in
all 50 states and the District of Columbia wins the election. He
emphasized that Electoral College electors should not continue
to be able to override the popular vote as they did most
recently in 2000 and 2016. The winner takes all policy is only
statewide and is not prescribed in the US Constitution. He asked
the committee to support SB 61.
3:48:38 PM
CHAIR KAWASAKI closed public testimony on SB 61.
3:48:48 PM
CHAIR KAWASAKI moved to report SB 61, work order 33-LS0288\B,
from committee with individual recommendations and attached
fiscal note(s).
3:49:03 PM
SENATOR MERRICK and SENATOR BJORKMAN objected.
CHAIR KAWASAKI asked for a roll call.
3:49:12 PM
A roll call vote was taken. Senators Claman, Wielechowski, and
Kawasaki voted in favor of the motion to report SB 61 from
committee and Senators Merrick and Bjorkman voted against it.
The vote was 3:2.
3:49:30 PM
CHAIR KAWASAKI announced that on a vote of 3 yeas and 2 nays, SB
61 was reported from the Senate State Affairs Standing
Committee.
3:49:45 PM
At ease
SB 119-STATE IDENTIFICATION CARD FOR PRISONERS
3:50:25 PM
CHAIR KAWASAKI reconvened the meeting and 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."
He asked the sponsor if he had any final comments on the bill.
3:50:50 PM
SENATOR ROBERT MEYERS, District Q, Alaska State Legislature,
Juneau, Alaska, sponsor of SB 119, thanked the committee for
moving the bill forward.
CHAIR KAWASAKI thanked the sponsor for introducing the bill to
help people reenter their community after incarceration. He
solicited a motion.
3:51:45 PM
SENATOR MERRICK moved to report SB 119, work order 33-LS0711\A,
from committee with individual recommendations and attached
fiscal note(s).
CHAIR KAWASAKI found no objection and SB 119 was reported from
the Senate State Affairs Standing Committee.
3:52:19 PM
At ease
SB 138-ELECTIONS; VOTER REG.; CAMPAIGNS
3:53:31 PM
CHAIR KAWASAKI reconvened the meeting and announced the
consideration of SENATE BILL NO. 138 "An Act relating to
elections; relating to voters; relating to voting; relating to
the crime of unlawful interference with voting in the first
degree; relating to campaign signs; relating to the reporting of
financial and business interests by certain municipal officers
and former officers and candidates for municipal office;
relating to the Redistricting Board; and providing for an
effective date."
He noted that there was a committee substitute (CS) for the
committee to consider.
3:53:53 PM
SENATOR WIELECHOWSKI moved to adopt the committee substitute
(CS) for SB 138, work order 33-LS0783\B, as the working
document.
3:54:06 PM
CHAIR KAWASAKI objected for purposes of discussion.
3:54:26 PM
MATT LONGABAUGH, Staff, Senator Scott Kawasaki, Alaska State
Legislature, Juneau, Alaska reviewed the changes from version A
to version B of SB 138.
Page 2, lines 21-23. The phrase "A change of residence
is made only by the act of removal joined with the
intent to remain in another place." was removed.
Page 3, lines 7 and 9. References to the statutes [AS
15.15.210] for questioning voter qualifications and
[AS 15.20.215] for challenging ballot review decisions
were added.
Section 3. The new paragraph (13) in version A that
amended AS 15.07.060(a) was removed. This would have
required voter registration forms to include an
acknowledgment that the voter understands that if they
are registered to vote in another state, DOE will
notify the other state and request cancelation of the
voter's registration in that state.
Page 7, line 4 - page 8, line 2. A new bill Section 10
amends AS 15.07.130(a) relating to notifying voters to
verify their voter registration.
Page 8, lines 3 - 21. A new bill Section 11 amends AS
15.07.130(b) to conform to the changes in Section 10.
Page 8, line 22 - page 9, line 4. A new bill Section
12 amends AS 15.07.130(d) to conform to the changes in
Sections 10 and 11.
Page 10, line 20 - page 11, line 4. A new bill Section
16 amends AS 15.13.020(j) repealing the requirement
for APOC to have offices in every Senate District.
Page 11, line 7. The phrase "in a manner that enables
each voter to participate effectively in the electoral
process" was removed [from the new subsection (f) in
AS 15.15.060].
Page 11, lines 22-28. A new bill Section 19 amends AS
15.15 with a new Sec. 15.15.205. A voter who requested
an absentee ballot and appears at a polling station to
vote may surrender the absentee ballot for destruction
or vote a question ballot.
Page 16, line 16. The term "signed" was replaced with
the term "executed."
Page 17, line 28 - Page 18, line 2. The new
Sec.15.20.215 clarifies that an observer for any
campaign may challenge a ballot review decision. The
requirement for the procedure to challenge a decision
to provide 24 hours was changed to "a reasonable
amount of time."
Page 18, lines 10, 19, and 20. The phrase "multi-
factor authentication" was removed from Sec. 15.20.221
for clarity.
Page 20, line 7. The phrase "for elections conducted
by mail" was removed to clarify that secure drop boxes
will be provided for all elections.
Page 20, lines 8-9. The phrase "if practicable" is
applied only to the requirement for drop boxes at the
Division of Elections regional offices.
Page 21, lines 16-21. A new bill Section 37 amends AS
15.80 adding Sec. 15.80.006 that requires DOE to
develop a cybersecurity program.
3:59:52 PM
CHAIR KAWASAKI removed his objection; finding no further
objection, version B was adopted.
He noted there was an Amendment 1.
4:00:04 PM
SENATOR WIELECHOWSKI moved Amendment 1, work order 33-
LS0783\B.1.
33-LS0783\B.1
Klein
5/2/23
AMENDMENT 1
OFFERED IN THE SENATE BY SENATOR WIELECHOWSKI
TO: CSSB 138(STA), Draft Version "B"
Page 1, following line 7:
Insert a new bill section to read:
"* Section 1. The uncodified law of the State of
Alaska is amended by adding a new section to read:
LEGISLATIVE INTENT: TRANSPARENCY. It is the
intent of the legislature that the division of
elections, in order to increase transparency and
ensure trust in the integrity of the state's vote
counting and tabulation process and to allow members
of the public to verify the accuracy of ranked-choice
tabulations,
(1) in accordance with national best
practices for reporting results of ranked-choice
voting elections, include preliminary ranked-choice
tabulations when releasing preliminary election
results; and
(2) periodically throughout the vote
counting process post updated cast vote record files
that include anonymized records indicating the ranking
order of each ballot cast."
Page 1, line 8:
Delete "Section 1"
Insert "Sec. 2"
Renumber the following bill sections accordingly.
Page 12, following line 8:
Insert new bill sections to read:
"* Sec. 23. AS 15.15.370 is amended to read:
Sec. 15.15.370. Completion of ballot count;
certificate. When the count of ballots is completed, and in
no event later than the day after the election, the
election board shall make a certificate in duplicate of the
results. The certificate includes the number of votes cast
for each candidate, including, for a candidate in a general
election, the number of votes at each ranking [ROUND OF THE
RANKED-CHOICE TABULATION PROCESS] under AS 15.15.350, the
number of votes for and against each proposition, yes or no
on each question, and any additional information prescribed
by the director. The election board shall, immediately upon
completion of the certificate or as soon thereafter as the
local mail service permits, send in one sealed package to
the director one copy of the certificate and the register.
In addition, all ballots properly cast shall be mailed to
the director in a separate, sealed package. Both packages,
in addition to an address on the outside, shall clearly
indicate the precinct from which they come. Each board
shall, immediately upon completion of the certification and
as soon thereafter as the local mail service permits, send
the duplicate certificate to the respective election
supervisor. The director may authorize election boards in
precincts in those areas of the state where distance and
weather make mail communication unreliable to forward their
election results by telephone or radio. The director may
authorize the unofficial totaling of votes on a regional
basis by election supervisors, tallying the votes as
indicated on duplicate certificates. To ensure adequate
protection, the director shall prescribe the manner in
which the ballots, registers, and all other election
records and materials are thereafter preserved,
transferred, and destroyed.
* Sec. 24. AS 15.15.370 is amended by adding a new
subsection to read:
(b) Each day the director releases unofficial
totals of election results for a general election, the
director shall also release an updated ranked-choice
tabulation."
Renumber the following bill sections accordingly.
Page 24, line 1:
Delete "sec. 36"
Insert "sec. 39"
Page 24, line 2:
Delete "sec. 36"
Insert "sec. 39"
Page 24, line 9:
Delete "Section 47"
Insert "Section 50"
Page 24, line 10:
Delete "sec. 48"
Insert "sec. 51"
CHAIR KAWASAKI objected for discussion purposes.
SENATOR WIELECHOWSKI explained that many people thought that as
votes were counted and the unofficial totals were released, the
DOE director would release the updated ranked-choice
tabulations. That didn't happen and it eroded trust and
confidence in the elections process. Amendment 1 requires the
director to release the unofficial election results in a general
election as the results are tabulated. It also requires the
rankings to be listed when the ballot count is completed. He
deferred further explanation to Mr. Dunsmore.
4:01:22 PM
DAVID DUNSMORE, Staff, Senator Bill Wielechowski, Alaska State
Legislature, Juneau, Alaska, explained that Amendment 1 adds
three new bill sections relating to reporting preliminary
ranked-choice voting results, which will bring Alaska in line
with national best practices for releasing ranked-choice voting
results. He advised that the Harvard Law School and Fair Vote
recommend releasing preliminary ranked-choice tabulations on
election night as well as the cast vote record, which is the raw
file of how each individual ballot was ranked. This allows
voters to verify the accuracy of the count. They recommend the
periodic release of these results. The amendment further
requires the release of a ranked-choice tabulation result on any
day that preliminary results are released. There is also intent
language for the periodic release of the cast vote records prior
to the final count.
4:02:58 PM
CHAIR KAWASAKI asked if the state would be able to comply with
these requirements.
MR. DUNSMORE responded that after the last hearing DOE confirmed
by email that the cast vote records can be produced for
intermediate results. He added that other jurisdictions that
have adopted these best practices use the same Dominion software
as Alaska.
4:03:51 PM
SENATOR BJORKMAN spoke in favor of Amendment 1. He opined that
releasing preliminary data was important to the public. He
continued that it was surprising in the last election to see
that the ranked-choice voting tabulation results were delayed,
but it was particularly surprising that the absentee ballots
results were delayed when DOE was clearly able to produce
absentee ballot results in a timely manner in previous
elections. That data was in hand and could have been produced,
but Alaskans had to wait two weeks for the results. That's not
okay, which is why he supports the amendment.
4:05:29 PM
CHAIR KAWASAKI withdrew his objection to Amendment 1. He found
no further objection and Amendment 1 was adopted.
4:06:36 PM
CHAIR KAWASAKI opened public testimony on SB 138; finding none,
he closed public testimony.
4:07:24 PM
SENATOR WIELECHOWSKI moved to report CSSB 138, work order 33-
LS0783\B, as amended, from committee with individual
recommendations and attached fiscal note(s).
4:07:48 PM
SENATOR BJORKMAN objected to comment on the potential danger of
coercion when somebody takes a picture of their ballot and posts
it on social media. This is illegal and those who flout the law
should be held accountable. A person's ballot is secret for a
reason and should remain so.
4:09:23 PM
SENATOR BJORKMAN removed his objection.
CHAIR KAWASAKI found no further objection and CSSB 138(STA) was
reported from the Senate State Affairs Standing Committee.
4:09:46 PM
At ease
SB 23-LAW ENFORCEMENT: REGISTRY; USE OF FORCE
4:11:22 PM
CHAIR KAWASAKI reconvened the meeting and announced the
consideration of SENATE BILL NO. 23 "An Act relating to the
duties of the Alaska Police Standards Council; relating to
municipal correctional officers and municipal correctional
employees; making municipal police officers subject to police
standards; relating to the duties of the Department of Public
Safety; relating to reports of incidents of use of force by
state and municipal police, probation, parole, and correctional
officers and municipal correctional facility employees; and
providing for an effective date."
[CSSB 23(CRA) was before the committee.]
4:11:47 PM
SENATOR ELVI GRAY-JACKSON, District G, Alaska State Legislature,
Juneau, Alaska, sponsor of SB 23, thanked the hard working peace
officers and staff that provide the services that protect the
lives and welfare of people in Alaska's communities. She
conveyed that in 2020, she and former Senator Begich developed a
series of bills that are referred to as TPIP (turning pain into
progress). They contain eight specific policies that have been
proven to reduce police violence markedly. These bills were
crafted to ensure that the proposals were fitting for Alaska.
SENATOR GRAY-JACKSON read the sponsor statement for SB 23.
Committee Substitute Senate Bill 23 will ensure that
instances when use of force was used will be sent to
the Department of Public Safety to be entered into a
central registry and sent to the Federal Bureau of
Investigation for data collection. The use-of-force
database under AS 44.41.055 will be utilized by a
municipal police officer, municipal correctional
facility employee, pretrial services officer,
probation officer, parole officer, correctional
officer, state trooper, village public safety officer,
or regional officers. This report will be submitted by
the Department of Public Safety under AS 44.41.020(h)
from the preceding fiscal year to the Chief Clerk of
the House of Representatives and the Senate Secretary.
Additional training will be included in AS
18.65.676(a) which will be disabilities training
described under AS 18.65.220(a)(3).
Currently, there is no central database that tracks
instances of use-of-force within the State of Alaska,
but there are agencies within the state that report
uses of force and send those reports to the Federal
Bureau of Investigation. While this central database
will not be open to the public, it will be shared for
employment purposes amongst departments and agencies
who is hiring as well as, the Alaska State
Legislature. This will allow for transparency among
agencies and will close loopholes that allow officers
to be hired with another agency after having a
certificate denied or revoked under AS 18.65.240(c) as
proven by the Police Standards Council.
4:16:26 PM
HARLYN ANDREW, Staff, Senator Elvi Gray-Jackson, Alaska State
Legislature, Juneau, Alaska, presented the sectional analysis
for SB 23 on behalf of the sponsor.
[The sectional analysis was drafted to comport to CSSB 23(CRA).]
Section 1: AS 18.65.220 is amended by adding new
subsections (b) which will require a police officer,
probation officer, parole officer, pretrial services
officer, municipal correctional officer, or
correctional officer to report, to a supervisor, when
an officer engaged in the use of force against a
person. (c) requires that the Council shall maintain a
central registry of denied or revoked officer
certificates. (d) requires that the Council shall
adopt and prepare a report detailing the registry
information to the chief clerk of the House of
Representatives and the Senate Secretary no later than
December 1st of each year. (e) states that upon
request, the Council shall assist a Department, an
agency, or municipality in developing rules based on
recommendations on regulations adopted under (b) of
this section.
Section 2: AS 18.65.285 is amended by replacing the
word "may" with "shall."
Section 3: AS 18.65.290(b) is amended by defining
"municipal correctional officer."
Section 4: AS 18.65.290 is amended by defining
"pretrial services officers," and defining "serious
physical injury" per AS 11.81.900(b), as well as
defining "use of force."
Section 5: AS 18.65.670(h) is amended by providing
training in the subjects set out in 18.65.220(a)(3).
These trainings are as follows: physical training,
methods of arrest, use of batons, use of chemical
defensive weapons, and electronic controls weapons.
Instruction is state's criminal and procedural law,
state's criminal justice system, police procedures,
disabilities training, domestic violence and sexual
assault prevention and response procedures; emergency
trauma technician, search and rescue, and rural fire
protection specialist trainings.
Section 6: Amends AS 18.65.676 (a) by stating that
instruction in disabilities training be outlined in AS
18.65.22 (a) (3). This statute addresses powers of the
police standards council.
Section 7: Amends AS 29.71 by adding a new section
that outlines the use of force reporting requirement
to the Department of Public Safety by a municipality
that employs various positions.
Section 8: Amends AS 44.28.020 by adding a new
subsection that details that the Department of Public
Safety use a form prescribed by Department of Public
Safety reporting uses of force for probation officers,
parole officers, correctional officers, and pretrial
services officers.
Section 9: AS 44.41.020 is amended by adding a new
subsection that the Department of Public Safety will
submit a report to the Federal Bureau of Investigation
that relates use of force incidents by state troopers,
VSPOs, or regional public safety officers.
Section 10: Amends AS 44.41 to add a new section (b)
that states the Department of Public Safety shall
prepare a report. (c) The Department of Public Safety
will submit the report from the preceding fiscal year
to the Chief Clerk of the House of Representatives and
the Senate Secretary. This section asks for the report
to be supplied by December 1st of each year.
4:20:09 PM
Section 11: AS 18.65.280(b) is repealed.
Section 12: The uncodified law of the State of Alaska
is amended by adding a new section that applies to
employment contracts entered on or after the effective
date of sec. 2 of this Act.
Section 13: Amends the uncodified law of the State of
Alaska by adding a new section pertaining to
transition: employment. This section sets an effective
date of sec. 11 of this Act to comply with AS
18.65.240 requirements.
Section 14: Amended by adding a new section regarding
regulations of the Department of Corrections, the
Department of Public Safety, and municipalities that
employ a person as a police officer or in a
municipality correctional facility to adopt and
publish regulations from section 7-10 from this Act by
January 1, 2024.
Section 15: Section 14 provides for an effective date
under AS 01.10.070(c).
Section 16: Except as provided in section 15, this act
will be effective on July 1, 2023.
4:21:24 PM
CHAIR KAWASAKI asked if she knew of any departments that do not
participate in the use of force registry because the DPS
commissioner indicated that most departments do participate.
SENATOR GRAY-JACKSON said most departments have a policy to use
the registry but she wanted it statute so the practice doesn't
change as leadership and policies change.
4:22:29 PM
CHAIR KAWASAKI opened public testimony on SB 23; finding none,
he closed public testimony.
SENATOR CLAMAN said he'd like DPS to articulate its position on
the bill either in writing or at a subsequent hearing.
SENATOR GRAY-JACKSON offered her understanding that the chair
intended to offer an amendment on behalf of the Department of
Public Safety (DPS).
4:23:22 PM
At ease
4:24:11 PM
CHAIR KAWASAKI reconvened the meeting.
4:24:21 PM
SENATOR MERRICK read the first sentence in the second paragraph
of the DPS fiscal note.
The bill requires the DPS to provide a report
detailing the information provided by the DPS, the
DOC, and municipalities to the FBI in the prior year;
however, this will not be possible as the DOC and
municipal correctional facilities are not eligible to
submit use of force incidents to the FBI program.
She asked how the bill will be affected if these agencies aren't
eligible to submit the reports to the FBI program.
SENATOR GRAY-JACKSON said she couldn't answer the question.
CHAIR KAWASAKI asked the sponsor if she had any closing
comments.
SENATOR GRAY-JACKSON thanked the committee for hearing the bill.
4:25:27 PM
CHAIR KAWASAKI held SB 23 in committee.
4:27:15 PM
There being no further business to come before the committee,
Chair Kawasaki adjourned the Senate State Affairs Standing
Committee meeting at 4:27 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| CS SB 95.STA.pdf |
SSTA 5/2/2023 3:30:00 PM |
SB 95 |
| CS HB 8.SSTA.pdf |
SSTA 5/2/2023 3:30:00 PM |
HB 8 |
| HB23 Support letter.pdf |
SSTA 5/2/2023 3:30:00 PM |
HB 23 |
| SB23 support letter.pdf |
SSTA 5/2/2023 3:30:00 PM |
SB 23 |
| HB 8 Letters.pdf |
SSTA 5/2/2023 3:30:00 PM |
HB 8 |
| HB 8 Letter.2.pdf |
SSTA 5/2/2023 3:30:00 PM |
HB 8 |
| SB 61 oppose Sean Parnell.pdf |
SSTA 5/2/2023 3:30:00 PM |
SB 61 |
| SB 61. letters.pdf |
SSTA 5/2/2023 3:30:00 PM |
SB 61 |
| Fiscal note2 SB 138.pdf |
SSTA 5/2/2023 3:30:00 PM |
SB 138 |
| SB138.Letters.pdf |
SFIN 5/9/2023 1:30:00 PM SSTA 5/2/2023 3:30:00 PM |
SB 138 |
| SB 138.Fiscal note.pdf |
SSTA 5/2/2023 3:30:00 PM |
SB 138 |
| SB23 support letter.pdf |
SSTA 5/2/2023 3:30:00 PM |
SB 23 |
| CSSB 23 Sponsor Statement 3.27.23.pdf |
SSTA 5/2/2023 3:30:00 PM |
SB 23 |
| CSSB 23 Sectional Analysis ver B 3.27.23.pdf |
SSTA 5/2/2023 3:30:00 PM |
SB 23 |
| CSSB0023 ver B 3.27.23.pdf |
SSTA 5/2/2023 3:30:00 PM |
SB 23 |
| SB23 support letter.pdf |
SSTA 5/2/2023 3:30:00 PM |
SB 23 |
| CSSB23 Opposing Document-Opposition Letters 2.8.23.pdf |
SSTA 5/2/2023 3:30:00 PM |
SB 23 |
| CSSB 23_CUSP Letter of Support_ 2.27.2023.pdf |
SSTA 5/2/2023 3:30:00 PM |
SB 23 |
| CSSB 23 Fiscal Note DPS-COMM 3.22.23.pdf |
SSTA 5/2/2023 3:30:00 PM |
SB 23 |
| CSSB 23 Fiscal Note DOC-IDO 3.22.23.pdf |
SSTA 5/2/2023 3:30:00 PM |
SB 23 |
| CSSB 23 Explanation of Changes 3.27.23.pdf |
SSTA 5/2/2023 3:30:00 PM |
SB 23 |
| CSSB 23 David Song Letter of Support _2.27.2023.pdf |
SSTA 5/2/2023 3:30:00 PM |
SB 23 |
| CSSB 23 - Supporting Document - Time Article 1.19.2023.pdf |
SSTA 5/2/2023 3:30:00 PM |
SB 23 |
| NPV-Answers-re-Voting-Counting-AK-2023-5-1.pdf |
SSTA 5/2/2023 3:30:00 PM |
|
| Summary of Changes SCSB 95 version B .pdf |
SSTA 5/2/2023 3:30:00 PM |
SB 95 |
| Summary of Changes CSSB 95 version B.pdf |
SSTA 5/2/2023 3:30:00 PM |
SB 95 |
| letter of support AK eBike signed.pdf |
SSTA 5/2/2023 3:30:00 PM |
HB 8 |
| CSHB 8.pdf |
SSTA 5/2/2023 3:30:00 PM |
HB 8 |
| CSSB138.pdf |
SSTA 5/2/2023 3:30:00 PM |
SB 138 |
| SCSB 23 STA.pdf |
SSTA 5/2/2023 3:30:00 PM |
SB 23 |
| CSSB138.pdf |
SSTA 5/2/2023 3:30:00 PM |
SB 138 |
| NPV-Answers-re-Voting-Counting-AK-2023-5-1.pdf |
SSTA 5/2/2023 3:30:00 PM |
SB 61 |