Legislature(1993 - 1994)
04/28/1993 02:55 PM Senate FIN
| Audio | Topic |
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| SB 183 | |||
| SB 165 | |||
| SB 150 | |||
| SB 89 | |||
| HB 67 | |||
| HB 69 | |||
| HB 293 | |||
| HB 113 | |||
| HB 133 | |||
| HB 171 | |||
| HB 225 | |||
| HB 235 |
MINUTES
SENATE FINANCE COMMITTEE
April 28, 1993
2:55 p.m.
TAPES
SFC-93, #69, Side 2 (225-end)
SFC-93, #71, Side 1 (000-490)
CALL TO ORDER
Senator Drue Pearce, Co-chair, convened the meeting at
approximately 2:55 p.m.
PRESENT
In addition to Co-chairs Pearce and Frank, Senators Kelly,
Kerttula, Rieger, and Sharp were present. Senator Jacko did
not attend.
ALSO ATTENDING: Representative Parnell; Charlie Cole,
Attorney General, Dept. of Law; Mead Treadwell, Deputy
Commissioner, Dept. of Environmental Conservation; C.E.
Swackhammer, Deputy Commissioner, Dept. of Public Safety;
Jan Hansen, Director, Division of Public Assistance, Dept.
of Health and Social Services; Curtis Lomas, Program
Officer, AFDC, Division of Public Assistance, Dept. of
Health and Social Services; Mike Mansker, Program Manager,
Industry Preparedness Program, Division of Spill Prevention
and Response, Dept. of Environmental Conservation; Mike
Greany, Director, Legislative Finance Division; Cindy Smith,
Executive Director, Network on Domestic Violence and Sexual
Assault, Dept. of Public Safety; Sherrie Goll, Alaska
Women's Lobby; Doug Wooliver, House Majority Office; and
aides to committee members and other members of the
legislature.
SUMMARY INFORMATION
HB 67 - ELIGIBILITY FOR PUBLIC ASSISTANCE
SCS CSHB 67 (Finance) was REPORTED OUT of
committee with nine fiscal notes from the
Dept. of Health and Social Services.
HB 69 - SEX OFFENDER REGISTRATION
CSHB 69 (Finance) was REPORTED OUT of
committee accompanied by a $86.5 fiscal note
from the Dept. of Public Safety and zero
notes from the Dept. of Administration, Dept.
of Law, and Dept. of Corrections.
HB 293 - EXTEND COUNCIL ON DOMESTIC VIOLENCE
SCSHB 293 (Finance) was REPORTED OUT of
committee with a "do pass" recommendation and
a zero fiscal note from the Dept. of Public
Safety.
SB 89 - APPROP: CAPITAL PROJECT MATCHING GRANTS
CSSB 89 (Finance) was REPORTED OUT of
committee totaling $20,000,000 rather than
$65,300,000.
SB 150 - OIL & GAS EXPLORATION LICENSES/LEASES
CSSB 150 (Finance) was REPORTED OUT of
committee with a $51.0 fiscal note from the
Dept. of Environmental Conservation, and a
zero note from the Dept. of Revenue.
SB 165 - APPROP: ALYESKA SETTLEMENT/FY 93 SUPPLMNT
The "J" version of CSSB 165 (Finance),
totaling $28,200,000, was ADOPTED and
REPORTED OUT of committee.
SB 183 - APPRO: EXXON VALDEZ,CAPITAL BUDGET FY 94
Amendments 1, 2, 3, 5, 6, 7 and 8 were
ADOPTED. CSSB 183 (Finance) was REPORTED OUT
of committee with a "do pass" recommendation.
CS FOR HOUSE BILL NO. 69(FIN)
An Act relating to registration of and information
about sex offenders and amending Alaska Rules of
Criminal Procedure 11(c) and 32(b).
Co-chair Pearce directed that CSHB 69 (Fin) be brought on
for discussion.
DOUG WOOLIVER, attorney, House Majority Office, came before
committee. He explained that the legislation would require
persons convicted of various sex crimes to register with
either the Alaska State Troopers or municipal police
departments. Crimes covered by the law include: sexual
assault, sexual abuse of a minor, promoting prostitution,
incest, and unlawful exploitation of a minor. The
registration requirement would not only cover those
convicted in Alaska but those with convictions who come to
Alaska from elsewhere. Locals have seven days within which
to register while those from outside Alaska have fourteen
days. The registration requirement would be retroactive to
1984. Individuals with two or more sex offense convictions
would be required to comply with registration requirements
for life while those with a single offense would be required
to register for fifteen years.
Mr. Wooliver next listed information that would have to be
provided to law enforcement authorities at the time of
registration. With the exception of fingerprints, driver's
license, and aliases used, all information would be
available to the public.
Mr. Wooliver noted that Alaska leads nationally in instances
of child sexual abuse (six times the national average). The
state is second, nationally, in terms of sexual assault.
Sex offenders have a high recidivism rate. One out of five
will subsequently be re-arrested. Sources indicate that sex
offenders are not like other
criminals. They are "almost impervious" to the benefits of
therapy. A number of states have discontinued treatment
programs since studies in Ontario and Minnesota indicated
that those who participated in them actually committed more
violent crimes than those who did not receive treatment. A
1983 Iowa study found that the average number of sexual
assaults committed against children by each offender was
167. The average number of child victims was 76. Because
of the high rate of sex offenses in Alaska and the high rate
of recidivism, it is important for employers and others to
have access to information regarding offenders in order to
protect themselves and their children.
Mr. Wooliver attested to present lack of information on
offenders from other states. He stressed that an additional
benefit of the bill would be enhanced ability of law
enforcement to locate sex offenders if they become suspects
in additional crimes.
Eighteen states currently have similar sex offender
registration laws. CSHB 69 (Finance) is similar to
legislation from other states except that it provides
greater public protection by making registration information
more accessible to the public.
C.E. SWACKHAMMER, Deputy Commissioner, Dept. of Public
Safety, next came before committee. He voiced support for
the legislation since registration would serve as a
deterrent to offenders and provide an additional resource
for law enforcement personnel. He further attested to the
substantial number of victims involved in crimes perpetrated
by sex offenders.
CINDY SMITH, Executive Director, Network on Domestic
Violence and Sexual Assault, came before committee, voicing
support for the bill. She noted that over the past two
years, forcible rape of adult women in Alaska has increased
91%. In 1992, 530 women reported rape to the police. There
were 700 confirmed reports of child sexual abuse the same
year.
Treatment personnel who track offenders following release
from prison indicate that recidivism is approximately 80%.
Treatment staff supports the legislation, believing that
community awareness and monitoring of sex offender behavior
has potential to reduce that recidivism. Ms. Smith stressed
that unlike other criminals, sex offenders do not become
less dangerous over time.
Senator Kerttula noted that the fiscal note appears to be
modest and asked if sufficient financial resources were
being directed toward the effort. Mr. Swackhammer indicated
that requested funding would get the program going.
Senator Kerttula MOVED for passage of CSHB 96 (Finance) with
individual recommendation. Senator Kelly posed a question
regarding the 14-day registration requirement for offenders
from outside Alaska. Mr. Wooliver acknowledged substantial
discussion of a 30-day period. The universal complaint was
that the time period was too long. Many people come to
Alaska to fish or work in the fishing industry. Under the
longer time period, "They have enough time to fish and spend
their whole summer there and then leave without
registering." The shorter time is consistent with most
states. Senator Kelly reiterated concern that 14 days is
too short a time period. He stressed that the bill should
cover the offender who seeks to establish residency in
Alaska. Senator Sharp concurred in concern regarding the
shorter period, noting that an individual does not become a
resident until he or she has been in the state for 30 days.
Mr. Wooliver read a list of time frames from other states
ranging from 24 hours to 30 days.
Senator Rieger inquired regarding the penalty for failure to
register. Mr. Wooliver said that it was a Class A
misdemeanor (up to a year in prison).
Senator Kerttula restated his MOTION for passage. He noted
difficulties associated with application of law in multi-
cultural communities and states. No objection to passage
having been raised, CSHB 69 (Finance) was REPORTED OUT of
committee with a $86.5 fiscal note from the Dept. of Public
Safety, two zero notes from the Dept. of Administration
(Public Advocacy and Public Defender) and zero notes from
the Dept. of Corrections and the Dept. of Law. All members
present signed the committee report "no rec." Senators
Kelly and Jacko were absent and did not sign.
CS FOR HOUSE BILL NO. 67(FIN)(efd fld)
An Act relating to eligibility for and payments of
public assistance.
Co-chair Pearce directed that CSHB 67 (Fin)(efd fld) be
brought on for discussion and directed attention to a draft
SCS CSHB 67 (Finance) (8-GH1036\W, Lauterbach, 4/28/93).
Co-chairman Frank MOVED for adoption of work draft "W." He
explained that it adopts the House approach in terms of
rolling amounts back to the 1992 level rather than the 1991
level proposed by the Governor. It also removes House
Finance language requiring an increase if funding falls
below 75% of the poverty line for AFDC and 100% of the
poverty line for adult public assistance. The draft
provides for increases when the legislature supplies money
specifically for that purpose. A July 1, 1993, effective
date was also added.
In response to an inquiry from Senator Rieger, Co-chair
Frank explained that the draft contains higher numbers but
less of a reduction than the House or the Governor for both
AFDC and public assistance.
JAN HANSEN, Director, Division of Public Assistance, Dept.
of Health and Social Services, came before committee in
response to questions raised by Senator Kerttula. Mrs.
Hansen explained that adult public assistance, including the
elderly, the disabled, and the blind, consists of a federal
core payment of $447.00 and a state supplement of $374.00
for a total of $821.00. Under the proposed Senate Finance
bill, the state supplement would be reduced to $362.00,
reducing the total payment to $809.00--a net reduction of
$12.00.
SHERRIE GOLL, Alaska Women's Lobby, next came before
committee. She noted the 35 groups and 65 individuals who
previously testified in opposition to the bill as it
traveled through various committees. She stressed that
while the proposed reduction might merely represent a
restaurant meal to many people, to a poor mother and child
it represents much more. It represents two weeks worth of
Pampers for a baby, a bag of groceries, etc.
Ms. Goll specifically noted changes in COLA that distinguish
the Senate bill from that proposed by the House. She
acknowledged that the automatic COLA is unique to Alaska.
It is not, however, unusual for states to adjust public
assistance payments to cover inflation. She stressed that
while the average Alaskan spends approximately 30% of his or
her income on housing. An AFDC household spends
approximately 70%. Ms. Goll voiced a preference for mere
suspension of the COLA as proposed by the Governor's
legislation. She questioned how far into poverty people
should be allowed to fall before public assistance payments
are adjusted upward.
Co-chair Frank referenced a fiscal note analysis indicating
that changes would not become effective until October. Jan
Hansen explained that because of failure of the effective
date in the House, the earliest implementation would be
October 1, 1993. A revised fiscal note references that date
as well as associated additional costs. The legislation
would become effective 90 days after signature by the
Governor. While the 90-day limit may end as early as
September 5, the earliest the department could effect
changes for the entire caseload would be at the beginning of
the next month.
End, SFC-93, #69, Side 2
Begin, SFC-93, #71, Side 1
Senator Kelly inquired concerning a definition for
"dependent child." CURTIS LOMAS, Program Officer, AFDC,
Division of Public Assistance, Dept. of Health and Social
Services, came before committee. Mr. Lomas noted that a
definition currently exists in statutes. He explained that
"under eighteen" years of age would be removed from statutes
and "dependent child" substituted therefore to cover
eighteen year olds who are still in high school.
In response to an additional question from Senator Kelly
concerning monetary standards that may be exceeded through
regulation, Mrs. Hansen explained that setting the need
standard higher than the payment standard does not increase
the payment to the client. It allows a client working at a
low paying job to earn moneys to supplement the AFDC payment
while the individual works his or her way off AFDC.
Mrs. Hansen subsequently referenced AS 47.25.410 (3) and
recited the definition for "dependent child."
Co-chairman Frank MOVED that SCS CSHB 67 (Finance) pass from
committee with individual recommendations and appropriate
fiscal notes. No objection having been raised, SCS CSHB 67
(Finance) was REPORTED OUT of committee. Co-chairs Frank
and Pearce and Senators Kelly, Rieger, and Sharp signed the
committee report with a "do pass" recommendation. Senator
Kerttula signed "Do not pass." Senator Jacko was absent and
did not sign. The following Dept. of Health and Social
Services fiscal notes accompanied the bill:
AFDC ($3,914.9)
AFDC ( 1,944.4)
AFDC ( 2,107.3)
APA ( 607.7)
APA ( 973.9)
APA 0
PFD 414.0
Medicaid Facilities ( 106.8)
Medicain Non-Facilities ( 106.9)
HOUSE BILL NO. 293
An Act extending the termination date of the Council on
Domestic Violence and Sexual Assault.
Co-chair Pearce directed that HB 293 be brought on for
discussion and referenced Amendment No. 1. She explained
that Amendment No. 1 would change the extension date from
June 30, 1997, to June 30, 1998. The Co-chair noted past
political wrangling concerning the council and voiced need
for an additional wind-down year prior to future sunset
review. Co-chair Frank concurred and MOVED for adoption of
Amendment No. 1. No objection having been raised, Amendment
No. 1 was ADOPTED. Senator Rieger MOVED that SCS for HB 293
(Finance) pass from committee with individual
recommendations. No objection having been raised, SCS HB
293 (Finance) was REPORTED OUT of committee with a zero
fiscal note from the Dept. of Public Safety. All members
present signed the committee report with a "do pass"
recommendation. Senator Jacko was absent and did not sign.
SENATE BILL NO. 89
An Act making appropriations for capital project
matching grant programs; and providing for an effective
date.
Co-chair Pearce directed that SB 89 be brought on for
discussion. She noted that the appropriation requested by
the Governor totaled $67,000,000. The House has already
sent $40,000,000 over to the Senate. Co-chair Pearce
directed attention to proposed Amendment No. 1 and explained
that it would reduce SB 89 to $20,000,000 and allow the
Senate capital budget plan to remain at $300 million.
Senator Kelly MOVED for adoption of Amendment No. 1. No
objection having been raised, Amendment No. 1 was ADOPTED.
Senator Sharp MOVED that CSSB 89 (Finance) pass from
committee with individual recommendations. No objection
having been raised, CSSB 89 (Finance) was REPORTED OUT of
committee. Co-chairs Frank and Pearce and Senators Kelly
and Sharp signed the committee report with a "do pass"
recommendation. Senator Kerttula signed "Do not pass."
Senator Rieger signed but made no recommendation. Senator
Jacko was absent and did not sign.
[Tape malfunction. This portion of the meeting did not
record. Minutes reflect shorthand transcription.]
SENATE BILL NO. 150
An Act providing for oil and gas exploration licenses,
and oil and gas leases, in certain areas of the state;
and providing for an effective date.
Co-chair Pearce directed that SB 150 be brought on for
discussion. Senator Kelly directed attention to a work
draft CSSB 150 (Finance) (8-GS1012\Q, Chenoweth, 4/27/93)
and MOVED for adoption. No objection having been raised,
the "Q" version of CSSB 150 (Finance) was ADOPTED.
Senator Kelly next directed attention to page 11, line 11,
and noted need to change "mean low water" to "mean high
water." He then MOVED for adoption of that change. No
objection having been raised, the motion CARRIED and the
Amendment was ADOPTED.
Senator Kelly reference need for an additional change at
page 11 and asked that department staff speak thereto. MIKE
MANSKER, Program Manager, Industry Preparedness Program,
Division of Spill Prevention and Response, Dept. of
Environmental Conservation, came before committee. He
directed attention to lines 22, 25, 28, and 31 and noted
need to change "operator" to "person" since current statutes
refer to "person" rather than "operator." Senator Sharp
MOVED for adoption of the proposed language change. No
objection having been raised, the motion CARRIED, and the
Amendment was ADOPTED.
Co-chair Pearce called for objections to passage of the bill
from committee. No objection having been raised, CSSB 150
(Finance) was REPORTED OUT of committee with a $51.0 fiscal
note from the Dept. of Natural Resources and a zero note
from the Dept. of Revenue. Co-chair Pearce signed the
committee report with a "do pass" recommendation. Co-chair
Frank and Senators Kelly, Rieger, and Sharp signed "no rec."
Senator Kerttula signed "Do not pass." Senator Jacko was
absent and did not sign.
SENATE BILL NO. 165
An Act making an appropriation to the Alyeska
Settlement Fund and making appropriations from the
Alyeska Settlement Fund; and providing for an effective
date.
Co-chair Pearce directed that SB 165 be brought on for
discussion. Co-chair Frank referenced work draft CSSB 165
(Finance) (8-LS0854\J, Utermohle, 4/7/93) and MOVED for
adoption. No objection having been raised, the "J" version
of CSSB 165 (Finance) was ADOPTED. Co-chair Frank next
directed attention to a proposed Amendment which he
explained would delete existing Sec. 2 and insert a new Sec.
2. New Sec. 2 would provide $14,500,000 for construction of
oil response equipment storage facilities at Tatitlek and
Chenega and $6,000,000 for construction of a road from
Cordova to Shepard Point. The Co-chairman further noted
need to delete Sec. 6 containing lapse provisions for Sec.
2. He then MOVED for adoption of the changes at Sec. 2 and
Sec. 6. No objection having been raised, the motion CARRIED
and the Amendment was ADOPTED.
Co-chair Frank MOVED that CSSB 165 (Finance) pass from
committee with individual recommendations. No objection
having been raised, CSSB 165 (Finance) was REPORTED OUT of
committee. All members present signed the committee report
"no rec," with the exception of Senator Kerttula who signed
"Do not pass." Senator Jacko was absent and did not sign.
[The recording problem was corrected at this point. The
remainder of the minutes reflect tape transcription.]
SENATE BILL NO. 183
An Act making special appropriations for restoration
projects relating to the Exxon Valdez oil spill and for
oil spill response projects; and providing for an
effective date.
Co-chair Pearce directed that SB 183 be brought on for
discussion and noted a number of amendments for the bill.
Co-chair Frank MOVED for adoption of Amendment No. 1. No
objection having been raised, Amendment No. 1 was ADOPTED.
Senator Kelly MOVED for adoption of Revised Amendment No. 2.
He explained that it would ensure that no construction at
the Alaska Sea Life Center commences until all financing is
in place. He noted that identical language recently passed
the House. No objection having been raised, Revised
Amendment No. 2 was ADOPTED.
Co-chair Pearce directed attention to Amendment No. 3 and
noted that it was requested by the Dept. of Law. Senator
Rieger MOVED for adoption. Co-chair Pearce asked that the
Attorney General speak to the request. CHARLIE COLE,
Attorney General, Dept. of Law, came before committee. He
explained that "substantial, ongoing" is superfluous at page
5, line 12, and should be deleted therefrom. The change is
technical rather than substantive. No objection to the
motion for adoption having been raised. Amendment No. 3 was
ADOPTED.
Co-chair Pearce directed attention to Amendment No. 4. Co-
chair Frank advised that it was no longer necessary in light
of adoption of Amendment No. 1. He then voiced his
assumption that under language as changed by Amendment No.
1, the state would not be prohibited or constrained from
awarding competitive contracts to either private or public
entities.
Co-chair Pearce next directed attention to Amendment No. 5
and noted the request to add "and related facilities" to
language relating to the Kachemak Bay State Park visitors
center. Attorney General Charlie Cole spoke to requests
from residents of the Homer area that the above language be
included. He stressed need for ability to apply funding to
methods of access to and from the park, dock facilities,
maintenance, staffing, etc. Co-chair Frank expressed
concern that funding might be spent on trails and other
facilities and no visitor center would be built. Attorney
General Cole voiced his understanding that development would
focus on the center. Senator Sharp referenced an April 15,
1993, memorandum from the department listing six different
items of expenditure for the funding. Senator Rieger MOVED
for adoption of Amendment No. 5. No objection having been
raised, Amendment No. 5 was ADOPTED. Co-chair Pearce
subsequently raised questions concerning the $500.0 in
projects set forth on the above-referenced memorandum. She
then asked if the park system intends to undertake those
projects rather than a visitor center. The Attorney General
advised that the Governor strongly favors the visitor
center. Addition of "and related facilities" is not meant
to incorporate the views expressed in the DNR memorandum.
Mr. Cole reiterated that the central focus is the visitor
center. Co-chair Pearce asked who would decide how the
$500.0 is spent. The Attorney General said the department
would be asked to sketch out a plan of development for
approval by the Governor. Senator Sharp remarked on the
existence of property in-holders in the area and stressed
that the $500.0 should not develop amenities "next to the
in-holders' property." Mr. Cole concurred.
Co-chair Pearce directed attention to Amendment No. 6 a n d
noted that it was requested by Commissioner Rosier, Dept. of
Fish and Game. She then asked why it was necessary to add
"habitat" to restoration projects under department
jurisdiction. Attorney General Cole explained that the
addition would clarify the purpose. It is designed to be
limiting in response to concerns that "restoration" was too
broad and unqualified. Senator Kelly MOVED for adoption of
Amendment No. 6. No objection having been raised, Amendment
No. 6 was ADOPTED.
Senator Rieger MOVED for adoption of Amendment No. 7. He
explained that he had received backup from sport and
commercial fishermen in upper Cook Inlet indicating that not
enough is known about the production capacity of the Susitna
River and its drainage. The $150.0 study should commence
the informational effort. No objection having been raised,
Amendment No. 7 was ADOPTED.
Co-chair Pearce referenced language at pages 4 and 5
providing $5 million for an oil spill response ferry. She
said that the House struck that language from its version of
the legislation and instead funded the ferry from the
mitigation account. She then queried members regarding
retention in the Senate bill. Senator Kelly voiced his
belief that the ferry would ultimately cost more than
estimated. He then said he had no objection to leaving the
funding in place.
Senator Rieger directed attention to page 5, line 13, and
inquired concerning the lapse date of December 1, 1994.
Attorney General Cole said that the administration requested
that the date be changed to December 1, 1999. That
amendment was adopted by the House. Senator Rieger advised
that he would support extension of the date but questioned
whether it should extend to 1999. He then MOVED to change
the lapse date stated at page 5, line 13, and page 5, line
16, from December 1, 1994, to December 1, 1997. Co-chair
Pearce called for objections to Amendment No. 8. No
objection having been raised, Amendment No. 8 was ADOPTED,
and the lapse date was changed to December 1, 1997.
Co-chair Pearce queried members on disposition of the bill.
Senator Kelly MOVED that CSSB 183 (Finance) pass from
committee with individual recommendations. No objection
having been raised, CSSB 183 (Finance) was REPORTED OUT of
committee. Co-chairs Pearce and Frank and Senators Kelly,
Rieger, and Sharp signed the committee report with a "do
pass" recommendation. Senator Kerttula signed "no rec."
Senator Jacko was absent and did not sign.
Attorney General Cole commented on publications indicating
that he was embarrassed by the bill. He said that was not
the case, and he voiced support for the legislation. He
acknowledged that he was not present when all of the
projects were formulated, but again voiced his support.
RECESS
Co-chair Pearce directed that the meeting be recessed,
subject to a call of the Chair. The meeting was recessed at
approximately 4:15 p.m.
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