One of many postcards received from constituents during the legislative session. Many were accompanied by red pens encouraging my support of a right-sized budget and line item vetoes the governor may make.
Other cards arrived encouraging me to “stand tall” for education and support full funding.
More flooded into my mailbox supporting a statutory (full) PFD.
Thank you to all who took the time to reach out and weigh in on topics that impact us all.
Friends and Neighbors,
This past weekend kicked off the start of summer, and I hope invigorating outdoor activities for you. That will have to wait for some of us though. Yes, we’re still here in the Capitol building because the budget isn’t finalized. Oh, it’s virtually done and has been done for weeks actually. So what is holding up the works, you ask? One item. Just one item, but one very important item: the PFD.
If you’re frustrated things aren’t wrapped up in Juneau, you’re not alone. I am too. I keep telling my colleagues, if they’d just listen to me, we could be done in a day – of course, they say the same!
Here’s what’s at play. The regular legislative session ended May 15 and a 30-day special session began the following day to wrap up the crime legislation and finalize the budget in regard to the PFD (and in regard to education funding too – see my short article on this topic).
Thankfully, we did finally pass out the long awaited the crime bill (can I get a “hallelujah” on that?).Yesterday, the Senate adopted the HB49 Conference Committee Report (it passed the House last week). I was honored to chair the conference committee and carry the report on the floor. An extensive article below provides the whole scoop – and I encourage you to read it, or at minimum scan it. It’s full of pertinent info. This work, by the way, has been my primary focus as Judiciary Chair, and I’m extremely proud of the work of my committee and staff on this game-changing legislation. We have officially repealed SB91 and improved criminal statutes even beyond SB91, especially in the area of sexual crimes.
Now back to the topic of the PFD. For the past four years as we’ve faced a fiscal gap, the debate has raged.
A few legislators want the PFD to go away all together, to take 100% of the PFD for government spending. Of the stream of earnings, this group wants not only the government’s half, but the people’s half too – all of it.
The second group of legislators wants to slice the PFD to about a quarter or a third and use the rest for government. So of the stream of earnings, this group wants the government’s half as well as half or more of the people’s half. Hope this is making sense so far!
The last group wants to preserve the original concept put in place nearly 40 years ago: 0% of the PFD for government. Of the stream of earnings, this group wants the entire half set aside for the people’s PFD to be left alone and not used for government. The other half that was set aside for government since the program’s inception would continue to be available to pay for troopers, schools, roads, etc.
As a representative republic, a good question to ask at this point: what do the people think about the use of the PFD to pay for government?
Interestingly, the views of a number of legislators regarding the PFD don’t seem to be in clear alignment with the people’s views. See this slide from recent (March 2019) and credible research.
Because the courts have ruled that appropriations trump statutes, the legislature has continued to ignore the formula in statute in recent years and public trust has eroded. It’s no wonder that support for a constitutional amendment is mounting.
While there seems to be support for the full statutory amount in both bodies this year, it is not clear whether the 11 needed votes in the Senate and the 21 needed votes in the House would come from those bodies’ majorities, which is typically the practice before items are put on the floor for a vote.
This past week, the House of Representatives introduced HB1005. This bill authorizes payment of the full dividend, but only does so contingent upon a change to the dividend formula that would cut the dividend amounts to less than half starting next year.
HB1005 also pays the dividend out of the Constitutional Budget Reserve (CBR) fund, which requires a three-fourths vote of both the Senate and the House to access. It’s unlikely that the bill in its present form will get the needed three-fourths votes.
Rather than a split of 50/50 (50% for the people’s PFD and 50% for government), HB1005 would impose a 25/75 split (25% for people’s PFD and 75% for government). The public testimony was overwhelmingly against the bill and the 25/75 split it proposes.
Considering we’ve had four years dominated by bickering over the PFD amount, I believe that a 50/50 split in statute is reasonable and fair, and that a constitutional amendment that would require voter approval to any changes to the PFD statute is also reasonable and fair – and would settle the matter. Otherwise, it will be a perennial problem, a mountain we go round and round and round and round each year. The current proposed constitutional amendment, SJR5, does not put a PFD formula in stone; it simply would require voter approval for any future changes to the formula.
As I wrap up this discussion, I want to point out as we move forward to settle the PFD matter, that it is important that everyone understands a related key point: unbridled spending cannot continue. Alaskans feel strongly about this too and overwhelmingly support a spending cap. I also believe a spending cap is essential to ensure a healthy fiscal future- so that we don’t erode the Permanent Fund Earnings Reserve Account, and so that we don’t have to implement a high statewide tax.
Before I “close this opener” and you enjoy the report of what’s happening without being in the middle of it, without worrying about the vote count, and without dealing with a bunch of elected officials, please scan the reminder below! Please also know that I’m here for you and appreciate your input on issues.
- Be sure to catch my weekly Facebook Live: #Telling_it_like_it_is Monday at 7pm on my senator page (time/day subject to change – watch for notices). Hear what’s happening in Juneau and weigh in and ask questions. “Like” and “follow” my page so you’ll receive a reminder notification.
- Some email programs limit the display so you may not see all the great content of this fantastic newsletter unless you view it in your browser here.
Working on your behalf,
Pointing out something important (I’m sure!) up at the dais by the Senate President’s desk during an ‘at ease’ in the Senate Chambers. Photo credit: Anchorage Daily News, 5-18-19.
Bravo to the First Lady’s Volunteer of the Year Awardees! I’d like to point out one of our own from District F, Rachel Olson (pictured above on the right), an incredibly gifted woman who’s generously steered her energy and passions toward helping foster children, along with the support of her husband Trevor. I’ve known Rachel for a number of years, and I just say, “wow” for all she’s accomplished.
Below are all the awardees – congratulations to each one! I’d like to give a special shout out to Blaze Bell (second from left) who is the Board Vice President of Victims for Justice, an organization doing extremely important work in Alaska. I am honored to be working with another honoree, Posie Boggs (second from right), who is a well-known reading advocate for students statewide. She has provided input on my “Read by Nine” policy proposal incorporated into SB114, The Education Transformation Act.
Read specifics about the volunteerism of all the awardees here. Photo credits: Office of the Governor.
Will there be budget vetoes this year?
That remains to be seen, but let’s take a look at how the process would work in Alaska.
Our state constitution grants considerable power to the executive branch. If you’re wondering how the veto powers of the governor work and if a bill or portions of a bill are vetoed, what options the legislature has, read on.
Two sections of the state constitution pertain to vetoes: Article 2, Sections 15 and 16. In Section 15 it states that the governor “may, by veto, strike or reduce items in appropriations bills” and then must return the vetoed bill, with a statement of his objections, to the house of origin.
Section 16 states that in regard to appropriation bills, the legislature is to meet in a joint session no later than the fifth day of a special session if the regular has adjourned to reconsider the bill. Appropriation bills or items, although vetoed, become law by affirmative vote of three-fourths of the membership of the legislature. (Other vetoed bills become law by affirmative vote of two-thirds of the membership of the legislature.)
Representative Matt Claman and I were the Co-Chairs for the Conference Committee on House Bill 49. If you would like to watch the entirety of the committee, please click here. If you would like to read a synopsis of the bill and what changes it makes to statute regarding the repeal and replacement of SB91, please read the article below.
This picture was shared with my office by Alex McCarthy of the Juneau Empire.
HB49: The Repeal of SB91
by Buddy Whitt
Judiciary Committee Aide
(A note from Senator Hughes) This is an important and very interesting article summarizing the process and changes in law that represent a major shift in policy to address public safety in our state. In 2016, Alaska took the most extreme steps of any state in its “Criminal Justice Reform” efforts when SB91 was signed into law. The experiment failed miserably. Crime skyrocketed. Alaska was ranked last year as the most dangerous state in the nation. The passage of HB49 is step one in the process of reversing the crime trend and restoring a sense of safety and security among Alaskans. Filling vacant trooper and prosecutor positions will be key to completion of this first step. Step two is forthcoming and will involve concentrated efforts to combat the drug epidemic and to reduce recidivism, including effective treatment and deliberative rehabilitation, education, and work training inside and outside the correctional institutions.
THE PROCESS
Senator Hughes and her colleagues in the Senate made repealing and replacing SB91 a top priority for the 31st Legislature. The Governor introduced a suite of bills (SB32, SB33, and SB34) for that very purpose, along with a fourth bill to toughen several provisions of our sexual crime statutes (SB35). The Senate Judiciary Committee vetted and worked to improve the bills the entire session, with members combing through the details right up through the last few days as these bills were incorporated into the final SB91-repeal-replace-legislation: HB49.
As Judiciary Chair, Senator Hughes explained why this was so important: “We poured over every aspect of the bills and made numerous improvements to them, to return the needed tools to law enforcement, prosecutors, and judges to ensure offenders will be held accountable for their crimes and victims will receive justice. We took our time to get it right, vetting the bills very thoroughly to repeal and replace SB91. After the fiasco of the 2016 supposed criminal justice reform and the tragic rise in crime and decline in public safety, Alaskans deserved nothing less.”
Many are unaware that the work on the criminal statutes went beyond repealing and replacing SB91. A number of provisions were added that were unrelated to SB91 statute changes, such as adding additional jail time when illegal drug production or deals are conducted near children, expanding the crime of terroristic threatening to account for both real and false threats of harm, and doubling the required jail time for murderers before parole consideration.
In addition, Senator Hughes, with tremendous help from committee members (Senators Micciche, Reinbold, Shower, and Kiehl), added numerous provisions beyond SB91 in the areas of justice for sexual crime victims – an area of criminal law that had not been addressed in recent years.
Chair Hughes stated, “As we were presented the horrifying sexual crime statistics in committee at the beginning of the session, and we came face to face with the realization that Alaska is the worst state in the nation in the area of sexual crimes – and that our laws were far too lenient – this became one of the most important areas of focus for my committee and staff.”
She added, “I later learned that this particular work by our committee and the inclusion of all the sexual crime provisions from SB35 into HB49 were very significant in garnering the needed support among House Majority members for HB49’s final passage. I am thankful for Rep. Geran Tarr and others who recognized that our statutes were archaic in this area and needed major revisions.”
After the work of the Senate Judiciary and State Affairs Committees on SB32, SB33, SB34, and SB35, at the end of May, the House sent over a last-minute, quickly assembled omnibus package, HB49. It incorporated only some of the Governor’s proposed changes from the four bills and did not include any of the Senate’s improvements. According to Senator Hughes, “It was not well vetted, and it left far too much out and watered down key components.”
The Senate considered the bill and replaced it with a version that incorporated the language from the Senate’s work on SB32, SB33, SB34, and SB35. The Senate version of HB49 passed the Senate unanimously, but the House did not concur with the changes the Senate had made. A conference committee was then formed to negotiate changes to the legislation upon which both the Senate and House could agree. Senator Hughes chaired the HB49 Conference Committee with Representative Claman.
As the Judiciary Committee Aide, I assisted Senator Hughes as she held firmly to the key provisions in the Senate version. The process was intense, and she was a tough negotiator.
The House had been split, with 18 favoring the Senate version and 22 favoring the House version. The Senate, on the other hand, was 20 to 0 in favor of the Senate version. In addition, the public favored the Senate version as did the governor. With this strong backing, along with that of Senators Shower and Wielechowski who were also on the HB49 Conference Committee, Senator Hughes was successful in preserving all the vital elements to repeal and replace SB91.
In her remarks in the HB49 Conference Committee, Senator Hughes gave particular thanks to Alaskans for pressing legislators to take action regarding crime and to repeal SB91.
Last week, the House adopted and approved the HB49 Conference Committee Report 36-2 (only Representatives Wool and Hopkins voted against) and yesterday the Senate unanimously voted to approve the report. The crime legislation repealing/replacing SB91 has passed the legislature and awaits Gov. Dunleavy’s signature!
HB49: Repeal & Replacement of SB 91
What Does HB49 Do?
FOUR KEY HIGHLIGHTS
This overview begins with a sampling of four key highlights: 1) elimination of sentence caps for technical violations for probation/parole; 2) drug possession re-classifications; 3) returning pretrial violations of conditions of release crimes; and 4) changes to felony presumptive sentence ranges. These highlights will then be followed by a summary of other changes under four categories: 1) Crimes: Classifications – Sentencing; 2) Probation/Parole Provisions; 3) Pretrial Provisions; and 4) Sexual Criminal Statute Changes.
Under HB49, sanctions for technical violations of probation/parole are no longer capped at 3, 5, and 10 days for first, second, and third violations as they were capped under SB91. The sanction instead will be determined by the judge or the parole board. This provision was in the Senate version and is contained in the Conference Committee Report.
Drug possession (misconduct involving a controlled substance) classifications specified in the Senate version were preserved. They are changed from offenses without jail time (in current law due to SB91) to crimes with jail time which translates to offenses for which a person will be arrested. The first offense is a Misdemeanor with a sentencing range of up to 1 year in jail. Second offenses within 10 years are C felonies.
The bill changes the punishment for violating conditions of release while awaiting trial from a maximum 5 day jail sentence (current law after SB91 was revised – was a non-jailable ticket under SB 91) to a crime carrying a maximum of 90 days or 1 year in jail. If charged with a felony and the person violates his/her conditions of release, the charge will be a Class A Misdemeanor; if charged with a misdemeanor and the person violates his/her conditions of release, the charge will be a Class B Misdemeanor. This provision from the Senate version is retained in the Conference Committee Report.
Changes to presumptive sentencing ranges* are below. Note that all ranges were increased from current law. All nine of the Senate’s presumptive ranges stay the same except first time A and second time B felonies are bumped up from current law by one year instead of two. The focus of these changes is to ensure stronger penalties for more serious crimes and for repeat offenders.
*Certain sexual crimes and crimes against a person are unclassified felonies with harsher sentencing guidelines.
CRIMES: CLASSIFICATIONS – SENTENCING
In addition to the felony range changes above, Class B Misdemeanors will now be sentenced to up to 90 days jail time rather than the 30-day limit in current law. This was a provision in the Senate version that was preserved. Judges will again have discretion to sentence Class A Misdemeanors up to 365 days for all A misdemeanors (SB91 had a cap of 30-days for many offenses).
HB49 removes all automatic inflation adjustments imposed in SB91. These adjustments are related to dollar values for property crimes that separate misdemeanor and felony conduct. (Included in both Senate and House versions.)
HB49 allows the amounts stolen by a defendant within a 6-month period to be aggregated in order to hold serial thieves accountable with stiffer penalties. (Included in both versions.)
HB 49 establishes a new crime to combat motor vehicle thefts: possession of motor vehicle theft tools. The crime requires that a person has an intent to steal a vehicle vehicle or the contents of the vehicle. (Included in both versions.)
HB49 creates new and harsher penalties for identity theft. The classifications range from A Misdemeanor to B Felony depending on the dollar amount involved. (Included in both versions.)
All Driving with License Suspended, Revoked, and Cancelled (DWLS, DWLR, and DWLC) are crimes will be a crime under the new law. The Senate version imposed the stiffer penalties. HB49 will also allow the administrative cancellation of a person’s driver’s license if they have over $1,000 in outstanding traffic fines.
The 24-hour sentence limit for disorderly conduct was changed under HB49: 1st time disorderly conduct will now be 0-3 days; all others will be 0-10 days. The Senate version included the increased term.
HB49 adds the crime of making real terroristic threats to the crime of making false threats. Both are a class C felony. (Included in both versions.)
The bill makes refusing to provide a DNA sample when arrested for a qualifying offense an A Misdemeanor. Refusing to provide a DNA sample after conviction, as a part of a person’s sentence, or because the person is required to register as a sex offender or child kidnapper, is a class C felony.
The bill adds removing, disabling, or tampering with an electronic monitoring device as a C Felony under the escape statutes. (Included in both versions.)
An improvement to the ‘truth in sentencing’ laws from the Senate version was retained. It instructs judges, at the time of sentencing, to give an oral report regarding the length of the sentence, including when the offender may be eligible for mandatory parole and when they may be eligible for discretionary parole. Currently this is only required in a written report that few see. This provision will help ensure the victim and the public – including the media – have more accurate information as to the expected length of the jail term and when the offender could be back on the street.
PROBATION / PAROLE PROVISIONS
Under current law, most offenders are eligible for discretionary parole after serving 1/4 of their sentence. The new law states that certain offenders must serve 1/2 of their sentence before becoming eligible for discretionary parole. Again, this provision was from the Senate version.
Those convicted of Murder I or Murder II will not be eligible for mandatory parole nor for good time credit. These offenders will be eligible for discretionary parole after serving the mandatory minimum or 2/3 of their sentence, whichever is greater. This effectively doubles the amount of time they must serve before becoming eligible for mandatory parole (from the Senate version).
HB49 returns to pre-SB91 restrictions on what crimes are eligible for discretionary parole. The bill makes the following crimes ineligible: Non-sex class A felonies (Robbery 1, Assault 1, Arson 1, Escape 1, MIW 1); B felonies if the person had one or more prior felony convictions; C felonies if the person had two or more prior felony convictions; and B and C sex felonies (Sexual Assault 2, Sexual Abuse of a Minor 2, Distribution of Child Pornography).
Individuals convicted of B felony level drug distribution will not be eligible for discretionary parole until serving one-half of the active term of imprisonment under HB49. Under current law, those offenders are eligible after serving one-fourth of the active term of imprisonment.
The bill adjusts how parole time is tolled. A parolee’s parole time will not continue to run while the parole violation is under consideration by the parole board.
HB49 excludes from eligibility to earn compliance credits parolees who are on parole for felony crimes against a person, sex offense, unclassified felonies or for crimes involving domestic violence.
Application for discretionary parole hearings will no longer be automatic for offenders (Senate version), except for ‘model inmates’ eligible for parole who have had no infractions during incarceration (House version).
Earned compliance credit for good conduct on probation and parole is reduced to 10 days (earned) for every 30 days (served). Under SB91 it was 30 days (earned) for every 30 days (served). (Included in both versions.)
The maximum length of probation for sex felonies is increased from 15 to 25 years and to 10 years for other offenses.
PRETRIAL PROVISIONS
HB49 allows a person’s rap sheet to be used at grand jury to prove the existence of prior convictions when prior convictions are an element of the offense.
Under SB91, a 30-day grace period was granted for failure to appear in court. HB49 eliminates this grace period.
HB49 reduces the burden of proof from “clear and convincing evidence” to the pre-SB 91 standard of preponderance of the evidence for imposing release conditions pre-trial. A judge will no longer be bound by the score on the pre-trial risk assessment tool but will have full discretion to impose the appropriate release conditions – including bail. HB49 strips the pretrial assessment tool of its power and decision-making authority. Instead of being the deciding factor in determining whether a suspect will be released on bail awaiting trial, the tool will be one of a dozen items the judge reviews if it is available. The tool is not assigned any weight or value in this consideration process; judges will have full discretion as they did prior to SB91.
Private sector entities and third-party custodians will again be options even in communities where Department of Corrections (DOC) has pretrial services. The Senate version toughened the requirements for third party custodians to prevent recent felons from supervising persons charges with crimes. DOC will have the flexibility to provide pretrial supervision under its probation/parole program (the current administration has indicated this preference).
Defendants will no longer be eligible to receive credit for time served for pre-trial electronic monitoring for certain offenses.
Pretrial credit for substance abuse treatment is no longer unlimited but is capped at 365 days.
The mandatory electronic monitoring or house arrest for first time DUI is eliminated under current law and HB49 returns the discretion to the Department of Corrections.
SEXUAL CRIMINAL STATUTE CHANGES
Sexual Assault in the Second and Third Degree – HB 49 changes the required mental state from “knowing” to “reckless” as to the circumstance when the offender engages in penetration (sexual assault in the second degree) and sexual contact (sexual assault in the third degree) with a victim who is mentally incapable, incapacitated, or unaware that the sexual act is being committed.
Sexual Abuse of a Minor Sentencing – HB49 makes sexual abuse of a minor in the third degree a sexual felony when there is a 6 year age difference, thus increasing the sentencing range from 0-2 to 2-12 years.
Indecent Exposure – HB49 makes indecent exposure when the offender masturbates in the presence of an adult a class C felony and a class B felony if the offender masturbates in the presence of a person under 16 years of age.
Unlawful Exploitation of a Minor – HB49 makes unlawful exploitation of a minor an unclassified felony if the person has been previously convicted of exploitation of a minor or the victim is under 13 years of age. This crime entails involving a child in lewd sexual acts, such as for the filming and production of child pornography. Unlawful exploitation of a minor is currently a class B felony upon the first conviction and a class A felony if the person has been previously convicted. Under HB49, child pornographers and those involved with child porn sharing services will be faced with harsher sentences.
Presumptive Sex Offense Sentencing – Clarifies under HB49 that any prior felony counts as a prior felony for presumptive sentencing purposes in sex cases. This means prior felonies, even when they are a non-sex felony, trigger an increased presumptive range for a sex offense.
Presumption of No Contact – Under the new law, the default for domestic violence and sexual assault will be a presumption of a no contact order – so the perpetrator is not to have contact with the victim. This eliminates the need for the victim to file a protective order, thus protecting the victim from retaliation by the perpetrator for filing such an order. This was a provision in the Senate version that was retained.
Out-of-State Sex Offender Registration – HB49 requires anyone convicted of a registrable sex offense in another state to register in Alaska if they move to Alaska.
Indecent Viewing and Production – The new law makes indecent viewing or production of a picture of a child and production of a picture of an adult a registrable sex offense and sentenced as a sexual felony. Conduct involving the viewing of a picture of an adult would be a class A misdemeanor. HB49 thus increases penalties in cases where a hidden camera is placed in a private space.
Soliciting Sex From A Minor – HB49 deletes “online” from the crime of “online enticement of a minor” making any solicitation of a minor for sex a B felony.
Unwanted Images Of Genitalia – The bill criminalizes the repeated sending of unwanted explicit images of genitalia to another person (such as repeatedly texting unwanted nude pictures to someone’s phone) as harassment in the second degree (B Misdemeanor).
Mandatory Reporting – HB49 requires a mandatory reporter to immediately report harm to a child that is the result of a suspected sex offense to a law enforcement agency rather than only to a supervisor, school principal, etc.
Timely Processing of Rape Kits – HB49 requires law enforcement agencies to send all sexual assault examination kits to a crime lab within 30 days of collection, that all kits collected are tested within one year, and that victims are notified within 2 weeks that testing is complete.
Victim Notification Update – HB49 adds a requirement for victim notification by the prosecutor when an offender is discharged from a treatment program for non-compliance.
Marriage Defense to Sexual Assault – HB49 removes marriage status as legal defense against a rape charge. The bill repeals marriage as a defense to sexual assault except in cases where there is consent and the conduct is illegal due to the nature of the relationship but-for the marriage (probation officer/probationer, peace officer/person in custody, DJJ officer/person 18 or 19 an under the jurisdiction of the Division of Juvenile Justice).
A Final Note Regarding Costs to Improve Public Safety
Public safety is a top priority and the passage of this legislation adds costs estimated at about $50 million per year. HB49 will require the re-opening of the Palmer Correctional Facility. This bill and the operating budget include funding for additional prosecutors and victim advocate paralegals. The legislature has provided more funding for judges and court positions. An effort is underway now to fill 40 vacant Alaska State Trooper positions and to recruit more Village Public Safety Officers.
Yes, there is a cost to improving public safety. This is a core and fundamental duty and function of our state government, however, and we must step up to the plate. As we do, we should not neglect to weigh into the equation the fact that the cost of crime to individual Alaskans exceeds the $50 million annual pricetag.
In Anchorage alone, property theft totaled $45.3 million in 2017. Add property theft in Mat-Su, Kenai, Juneau, and other parts of the state, and the total easily shoots past the $50 million mark. And that’s just property crimes. What about violent and sexual crimes? Add to the total the cost of medical care, psychiatric appointments, attorney fees, security systems, increased insurance, and lost workdays. That’s millions more.
Make no mistake, an additional $50 million cost to the state each year is not insignificant. But when individual Alaskans are bearing the brunt of even more than $50 million per year and doing so in fear and danger, the expense to the state to improve public safety is one we shouldn’t spare.
The Conference Committee on HB49, the crime bill, consisted of Co-Chairs Representative Matt Claman (center) and Senator Shelley Hughes. Members (left to right) included Representatives Lance Pruitt and Chuck Kopp; Senators Mike Shower and Bill Wielechowski.
Education Funding: What’s the Fuss All About?
There is a pesky legal dispute underway regarding education funding that needs to be settled this summer. Last year the legislature passed the FY2019 operating budget with the intention of forward funding education for FY2020, but failed to set aside existing revenues for that purpose into the public education trust fund.
The Attorney General has stated the action was unconstitutional, so the Governor has introduced a new bill which funds education for FY2020. Some members of the legislature disagree with the Governor’s position, including the House Majority that killed the bill in their Finance Committee last week.
It appears that this question may need to be decided by the courts. I am hopeful that a solution can be found and a decision reached as soon as possible. The Governor has indicated that if the legislature were to include the education funding in the budget, he would not veto it.
I am very hopeful that this matter will be settled in a timely manner and without disrupting the normal start dates among districts for the new school year. While we’re on this topic, I worked on the language in my Judiciary Committee for a constitutional amendment sponsored by Senator Mia Costello regarding this very topic of forward-funding education, SJR9, in the event you’d like to weigh in and let me know what you think.
Town Hall PFD Discussion?
Coffee Chat on the Budget?
Stay tuned. We may decide to hold a townhall or chat if we’re back in the district and the PFD and budget have not yet been resolved.
Report by Aimee Bushnell, Aide to Senator Hughes
On May 9th the Joint Armed Services Committee convened and heard presentations from Adjutant General Torrence Saxe, Alaska National Guard Commissioner; Colonel Cory Mendenhall, Aerospace Defense Eleventh Air Force; Colonel Adam Lange, U.S. Army Alaska; and Rear Admiral Matthew Bell, U.S. Coast Guard. The committee is comprised of 5 Senators, 5 Representatives, 6 public members, and is chaired by Senator Mike Shower and Representative Geran Tarr. If you would like to see the meeting and the presentations, please click here.
One particular aspect, upon which Senator Hughes is keenly focused, is the current state of the Arctic, the related national security issues, and the economic possibilities it poses for Alaska. Senator Hughes believes that procuring ice breakers and developing a deepwater port along the Arctic shipping route is essential so that United States increases its influence in the Arctic, especially considering the fact that Russia and China have been outpacing the US in this regard thus far.
Judiciary Committee Update
It’s a Wrap for 2019
Chair: Senator Shelley Hughes
by Buddy Whitt
Judiciary Committee Aide
I am not sure that past Judiciary Committees have been as busy as we were this year, with almost all the Senate and Governor’s policy priorities being referred to this committee for review. A total of 22 bills were referred to the Judiciary Committee for consideration and 18 of those bills were reviewed and moved out of committee to either the Senate Finance Committee or the Senate Floor for consideration.
As discussed above in this newsletter, the primary focus and what the committee and staff spent the most amount of time and consideration on, was the suite of crime legislation from the Governor. However, some other very important policy bills were considered as well. Below is a brief description of all bills that were heard and passed out of committee.
House Bill 12 – A bill making terms of protective orders in cases of sexual crimes, crimes involving domestic violence and crimes involving stalking last for one year and providing the extension for those protective orders may last for one year as well. Sponsored by Representative Chuck Kopp.
Senate Bill 12 – The Justin Schneider loophole fix with provisions added in the Judiciary Committee that increased sentencing when a sexual assault crime is committee with choking as an element of the offense. Sponsored by Senator Peter Micciche.
Senate Bill 23 – This bill and Senate Bill 24 (discussed below) are designed to authorize payment of the permanent fund dividend amounts that were withheld from Alaskan citizens in 2016, 2017 and 2018. In order to allow for the payment of these amounts, two bills were needed; Senate Bill 23 which is the appropriation bill for payment of these amounts and Senate Bill 24 which is the authorization for the transfers of these amounts to occur. Sponsored by Senate Rules by Request of Governor.
Senate Bill 24 – This bill is the authorization bill for the Department of Revenue to make the transfer needed to pay back the dividends from 2016, 2017 and 2018. These payments would be made over a three-year period to Alaskans who were in the state and eligible to receive a dividend in 2016, 2017 and 2018. Sponsored by Senate Rules by Request of Governor.
Senate Bill 33 – This was one of three bills introduced to repeal and replace Senate Bill 91, the sweeping criminal justice reform omnibus bill. This bill addresses the pre-trial aspects of our criminal justice system. Sponsored by Senate Rules by Request of Governor.
Senate Bill 34 – This is another of the bills introduced to repeal Senate Bill 91. This piece of legislation addresses our probation and parole statutes. Sponsored by Senate Rules by Request of Governor.
Senate Bill 35 – This bill was the final piece of legislation that was designed to address crime in Alaska. While Senate Bills 32, 33 and 34 were specific to rolling back the negative aspects of Senate Bill 91 and replace it, this bill was designed to specifically address the scourge of sexual crimes in Alaska. Sponsored by Senate Rules by Request of Governor.
Senate Bill 41 – This bill was designed to add two additional superior court judges in Alaska. One would be in Homer and the other in Valdez. By adding the two additional superior court judges, the court system can more adequately handle criminal court cases involving the most serious crimes in Alaska and do so in a much timelier manner. Sponsored by Senate Rules by Request of the Alaska Court System.
Senate Bill 52 – This bill or one like it has been considered in the legislature for a number of years without passing. The bill is an attempt to re-write Title Four of the Alaska Statutes which addresses alcohol laws in the state. Sponsored by Senator Micciche.
Senate Bill 55 – This bill was introduced to add two temporary courts of appeals judges in order to help with the backlog of appeals cases in the state. The original bill request two temporary appeals court judges for a term of three years. The committee substitute changed the term to two years instead of three. Sponsored by Senator Wilson.
Senate Bill 71 – This was the 2019 Revisors Bill. At the beginning of each legislature, a revisors bill is introduced to make simple corrections to Alaska statutes, usually grammatical fixes or corrections to statutory language which are no longer applicable. As an example of the latter, the bill removed the term “telegraph” throughout Title 12 of Alaska Statutes. Sponsored by Senate Rules by Request of Legislative Council.
Senate Bill 80 – Senate Bill 80 changes the initiative process in Alaska in order to protect Alaskans from signing a petition which they may not ultimately support due to subsequent changes to the petition language. This bill clarifies that if a petition is changed by the court due to unconstitutional language, and the initiative is thus amended, the previously gathered signatures are void and the signature process must begin again to ensure Alaskans are still supportive of the amended initiative. Sponsored by Senator Birch.
Senate Bill 89 – This bill fixed issues that were discovered in the ethics legislation that passed the legislature in 2018. One of the consequences of the 2018 legislation was that many legislators were unable to work on policies that were important to them, or meet with and hear from individuals on certain topics, because of perceived (not actual) conflicts of interest. Sponsored by Senate Rules Committee.
SJR 3 – This Senate Joint Resolution seeks to amend the constitution so that the attorney members of the Alaska Judicial Council will be subject to confirmation by the legislature. The Alaska Judicial Council makes recommendations to the Governor for appointment of judges. There are seven members of the Alaska Judicial Council. One member is the Chief Justice of the Alaska Supreme Court. Three members of the Council are non-attorney members and are subject to confirmation by the legislature already. The three attorney members of the Council are not subject to confirmation. This constitutional amendment would make all members except the Chief Justice subject to the confirmation process in the legislature. Sponsored by Senator Shower.
SJR 4 – This Senate Joint Resolution attempt to amend the state constitution so that any increases in tax rates made in Alaska would be subject to approval by Alaskans. Sponsored by Senate Rules by Request of Governor.
SJR 5 – This Senate Joint Resolution attempts to amend the state constitution so that the permanent fund dividend was secured in the constitution and any changes to the permanent fund dividend formula would be subject to approval by the voters. Sponsored by Senate Rules by Request of Governor.
SJR 6 – This Senate Joint Resolution would amend the constitution by changing the current constitutional spending limit, which as structured now is not effective, so that massive increases to appropriations by the legislature would not longer be possible. Sponsored by Senate Rules by Request of Governor.
SJR 9 – This Senate Joint Resolution seeks to amend the constitution so that an appropriation for education would occur before any other appropriations and that they would be forward funded. Sponsored by Senate Costello.
Thank you for sending in your testimony and participating in these important bills during the 2019 session. We look forward to hearing from you next year!
Vic Fischer is the last living delegate of the Alaska Constitutional Convention, 1955-56. He also served in the Territorial House of Representatives, 1957-58, and the State Senate, 1981-86. He was the founding Director of the Institute of Social and Economic Research at the University of Alaska. He is currently living in Anchorage, but I had the opportunity to speak with him when he visited Juneau to testify on the budget and PFD – and I had the opportunity to wish him a happy birthday!
Transportation Committee Update
It’s a Wrap for 2019
Chair: Senator Shelley Hughes
by Aimee Bushnell
Transportation Committee Aide
In our last newsletter we mentioned that the Senate Transportation Committee had officially closed out for the year after hearing Senate Joint Resolution 11, which has now passed both the Senate and House and is awaiting a signature from the Governor.
In addition this session, the Senate Transportation heard 8 other bills, and passed 7 out of committee (all listed below). The Committee also vetted proposals on the restructuring of the Alaska Marine Highway System and the expansion of rail to Canada and the lower 48.
As Chair of Transportation, Sen. Hughes, is frequently engaged with the Alaska Department of Transportation and Alaskans statewide about transportation-related issues. Recently she engaged regarding a road closure in western Alaska, the fast ferries in S.E. Alaska, and a bird problem at an airport. Never a dull moment!
BILLS HEARD IN THE TRANSPORTATION COMMITTEE IN 2019
House Bill 34 & Senate Bill 4 – Naming the bridge over Tok River, the Scott Johnson Memorial Bridge. These two bills are companion bills, meaning they are the same in each body. Companion bills help move legislation through the legislative process faster, since a bill has to travel through both the House and the Senate. These bills named a bridge honoring a fallen Alaska State Trooper.
House Bill 88 & Senate Bill 84 – Naming the bridge over the Chatanika River, the Trooper Gabe Rich Memorial Bridge. These two bills are similar to the previous two. Gabe Rick was the partner to Scott Johnson. Gabe also gave up his life to protect Alaskans.
Senate Bill 54 – This bill corrected a previous error in the lands approved for sale by the Alaska Railroad. It authorizes the Alaska Railroad to sell land by Otto Lake near Healy.
Senate Bill 75 – This bill lowers the age requirement to obtain a State Commercial Drivers License (CDL) to 18 instead of 19 years of age for intrastate freight. SB75 also has a provision that once federal law is changed from 21 to 18 years of age, Alaskans who are 18, 19, and 20 and appropriate licensed will be able to drive goods originating or that are destined for out of state as well.
House Joint Resolution 12 – Different from SJR11, this resolution is supporting building and completing the Northern Rail Extension which extends south from Fairbanks to Fort Greely and Delta Junction, supporting military operations, mining, and agriculture in Interior Alaska.
Senate Joint Resolution 11 – As mentioned above, and different from HJR12, this resolution urges the federal government to issue a presidential permit for a railroad crossing at the border of Alaska and Canada. No general fund state dollars would go into the building of this rail extension, as companies have voiced their interest in building it themselves. This rail line would connect Alaska not only to Canada but to the contiguous United States via Fort McMurray, Alberta. This resolution does not refer to a particular company, because it is not the government’s prerogative to pick winners or losers. The Committee did, however, want to express support for new economic opportunities such a rail connection to Canada and the lower 48 would provide.
DID YOU KNOW IT’S TIME TO CELEBRATE?
June 4th marks the 100th anniversary of Women’s Right to Vote. The 19th Amendment was passed by Congress on June 4, 1919 after decades of struggles and protests. We’ll need to celebrate a year though because the 19th Amendment wasn’t fully ratified until August 18, 1920!
The festive artwork on the poster was created by Rhonda Scott, a local Anchorage artist.
It’s That Time of Year Again:
Construction Season
Enjoying one of the rare sunny days in Juneau before a Transportation committee meeting earlier this session. We’ve been lucky recently and getting even more sunny days, but still can’t wait to get home to good ol’ Palmer weather!
Serving You in These Roles
Senate Committees:
- Judiciary Committee, Chair
- Transportation Committee, Chair
- Education Committee, Vice-Chair
- Joint Armed Services Committee, Member
Finance Subcommittees:
- Judiciary Subcommittee, Member
- Law Subcommittee, Member
- Transportation & Public Facilities Subcommittee, Member
- Public Safety Subcommittee, Member
Other Appointments:
- Alaska Criminal Justice Commission, Member
- State Agriculture & Rural Leaders, Alaska Delegate
- Mat-Su Legislative Delegation, Co-Chair
- National Conference of State Legislators – Law, Criminal Justice and Public Safety Committee, Member
- National Conference of State Legislators – Task Force on Cybersecurity, Member
- Counsel of State Governments – Transportation Committee, Member
- Counsel of State Governments West – Canada Relations Committee, Member
This was the audience during the conference committee on House Bill 49. Constituents, reporters, legislators, and staff all showed up to watch the proceedings and learn the fate of the crime bill. You can even see Senators Reinbold and Micciche in the audience. They were instrumental in working towards repealing and replacing SB91.
For information on bills I’m co‑sponsoring
click here.
For information on all bills filed during this session,
click here.
For additional information,
contact my staff:
Buddy Whitt
Chief of Staff & Judiciary Committee Aide
Buddy.Whitt@akleg.gov
907-465-5025
Regina Largent
Judiciary Research Attorney
Regina.Largent@akleg.gov
907-465-3743
Aimee Bushnell
Transportation Committee Aide
Aimee.Bushnell@akleg.gov
907-465-3743
Legislation Update
(Shelley’s bills filed with your best interest in mind)
SJR11 – US Canada Railroad Presidential Permit Senate – PASSED and is awaiting a signature from the Governor. SJR11 urges the Secretary of State to issue a Presidential permit for a the cross-border rail link which would connect Alberta, Canada and Alaska – which would also connect us to the lower 48. The project is under development by business interests, involves no state dollars, and would provide an economic boost to our state. Western ports in the lower 48 are experiencing some congestion and an Alaskan route to several of our ports would provide new options to/from the Asian markets.
SB27 – WITHDRAWN due to potential ethics conflicts – Health Insurance Info; Incentive Program. Good news is the House and Senate passed the ethics law fix and it became law officially last week. Stay tuned. This bill may be re-filed now that there’s no conflict!
SB60 – Alaska State Defense Force Powers – Referred to State Affairs and then the Finance Committee. This bill would outline the duties of our state militia to allow consistency as administrations change. It also would ensure ASDF members the right to bear arms for constabulary duties. The ASDF has been extremely cost-effective during disasters and frees up troopers to perform their public safety duties.
SB79 – Virtual Education / Teacher Exam / Course Exam – The “Education Transformation Act” is now the foundation for a new bill sponsored by the Senate Education Committee, SB114. The legislation enables districts to open up slots in classrooms to students in other locations and from other districts via two-way videoconferencing or other distance learning methods via internet. A menu of classes and teachers with video samples would open up a larger variety of course offerings and teaching expertise to students statewide. The bill also requires the state to adjust PRAXIS scores for teacher certification periodically. Districts would be required to post the ratio of administrators to classroom teachers to students each year. Districts could roll forward savings for the next year (up to an amount equal to 15% of current year’s expenditures) without impacting the amount of state funds to be received the next year. High school students could receive course credit for activities outside of school hours that districts determine meet the education or physical activity of a course. The bill establishes a “Read by 9” policy to ensure improved proficiency of students in reading by third grade. Cooperative agreements are expanded to include efficiency partnerships between districts and businesses, non-profits, and local governments. When between districts, the cooperative agreement is to include at least one rural school district. SB114 also includes the language from SB30 College Credit for High School Students (related to districts providing middle college options) and SB53 University Reporting Requirements (related to accreditation accountability)
SB81 – Telephone Cooperatives; Telecommunications – Referred to Labor and Commerce. Have requested hearing. The bill updates statutes so members may participate in meetings and vote via videoconferencing and other electronic means. The bill would also allow what is now a telephone cooperative to change its name to include the word “telecommunications.” Under current law, even though these cooperatives provide a wide array of telecommunications services (internet, cell service, television service), they cannot use the word “telecommunications” in their cooperative title.
SB109 – Electronic Documents and Notarization – Has been referred to the Senate Judiciary and Finance committees. This bill modernizes the notary process by allowing documents to be notarized electronically. This allows for better efficiency and helps eliminate time delays by legally allowing the acceptance of electronic documents and signatures, and allowing documentation to be stored digitally. The House counterpart is HB124, sponsored by Anchorage Representative Matt Claman.
SB113 – National Board Certification – Has been referred to the Senate Education committee. SB113 focuses on increasing the number of National Board Certified teachers in Alaska, requiring schools to post who is certified, and creating a halo around the superlative certification, showing the value of it. This bill is the Senate version of HB128, by Sitka Representative Jonathan Kreiss-Tomkins.
Nominations are OPEN
for Farm Family of the Year!
Presented at the 2019 Alaska State Fair, the Annual Farm Family of the Year award is given out by the Alaska Division of Agriculture.
Created in 2000, this award honors an Alaskan farm family that epitomizes the spirit of the industry, and shows appreciation for hard-working Alaskans committed to agriculture and aquaculture.
The Farm Family of the Year selection committee includes representatives from the University of Alaska, the agriculture industry, and several state and federal agricultural agencies.
Nominations should include details about the family and fulfill the following criteria:
- Production of quality Alaska Grown products (not based on quantity)
- Community involvement (civic organizations, school, sports, church)
- Involvement in agricultural industry organizations (local, state, and federal)
- Overall farm family image, farming history, and unique or special production
Nominations are due by June 30, 2019 and can be submitted by mail, email, or fax to:
Johanna Herron, Alaska Division of Agriculture
1800 Glenn Hwy, Suite 12
Palmer, AK 99645
johanna.herron@alaska.gov
Fax: (907) 745-7112
– Let Your Voice Be Heard –
– Participate in Public Testimony –
Public testimony is available for every bill heard in a committee. Follow bills you have interest in on the Alaska State Legislature Page. To testify, go to your local Legislative Information Office (LIO) which you can find here. If you are unable to testify, written testimony can also be submitted by sending an email to the committee.
Public testimony times on bills
that might interest you:
Find it here!
For budget bills and Permanent Fund bills, please arrive 15 minutes early for sign-in process, and please arrive 15 minutes prior to the end of the allotted time or testimony may close early. Public testimony may be limited to two minutes per person, so it’s best to prepare concise comments.
HAVE A FEDERAL ISSUE???
Contact Alaska’s US Senators and Congressman
Lisa Murkowski – Senator
Anchorage: 907-271-3735
Mat-Su: 907-376-7665
Dan Sullivan – Senator
Anchorage: 907-271-5915
Mat-Su: 357-9956
Don Young – Congressman
Anchorage: 907-271-5978
Catch this #Telling_it_like_it_is video from May 21 in Juneau if you missed it live. “Special” items to discuss – crime bill, PFD, education funding – to update you on the Special Session underway. For those who’ve viewed our prior Facebook Live videos, you can easily conclude that I do a lot better when Buddy and Aimee are present and assisting!
Join Shelley on Facebook Live each week to ask questions and give input.
We typically broadcast Mondays or Tuesdays at 7pm, but watch for a notification on Facebook as the day/time is subject to change.
Be sure to “like” the “Senator Shelley Hughes” Facebook page www.facebook.com/AKShelleyHughes
so you’ll get a heads-up each time we air!
TIPS TO STAY IN THE LOOP
More important than ever!
TIP #1: The Alaska State Legislature web site is the place to track bills, locate and contact your legislators (session), and access committee information. Questions? Try the help wizard or call 1-800-478-4648.
TIP #2: SMS Bill Tracking! Once you know what bill(s) you want to monitor, here’s a convenient way to track what’s happening. Text any bill number (ex: SB1) to 559-245-2529 to enroll in text alerts for that particular piece of legislation. You’ll receive an enrollment confirmation as well as instructions on how to unsubscribe.
TIP #3: How to Get in Touch with Shelley! Give our office a call at (907)465-3743 or 800-565-3743 in Juneau or (907) 376-3725 or (907) 622-8963 in district or send an email to Sen.Shelley.Hughes@akleg.gov.
Buddy Whitt – Chief of Staff, Judiciary Committee Aide
Buddy.Whitt@akleg.gov
Aimee Bushnell – Transportation Committee Aide
Aimee.Bushnell@akleg.gov
Regina Largent – Judiciary Research Attorney
Regina.Largent@akleg.gov
Juneau Office
Alaska State Capitol Rm 30
Juneau, Alaska 99801
907-465-3743
800-565-3743
Mat-Su Office (closed while in Juneau)
600 E. Railroad Avenue
Wasilla, Alaska 99654
907-376-3725
Chugiak Office (closed while in Juneau)
12641 Old Glenn Hwy, Ste 201
Eagle River, Alaska 99577
907-622-8963
Best regards,
Copyright © 2019 Senator Shelley Hughes. All rights reserved.
