Legislature(1993 - 1994)
03/19/1993 01:30 PM House CRA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 18: FEES FOR POLICE PROTECTION BY STATE REPRESENTATIVE BUNDE, PRIME SPONSOR OF HB 18, testified saying, "This is a statewide police protection enhancement bill and a revenue generating bill." He then read his sponsor statement aloud. (A copy of this sponsor statement may be found in the House Community and Regional Affairs Committee Room, Capitol 110, and after the adjournment of the second session of the 18th Alaska State Legislature, in the Legislative Reference Library.) REPRESENTATIVE BUNDE referred to the Department of Public Safety's fiscal note as "fiction" and said, "If you will note in the fiscal note, it appears to me the Department of Public Safety has attempted to increase their Anchorage compliment by 29 staff members. They're making up all the positions that were reduced because of budgetary restraints and this is another back door run, I think, at building additional bureaucracy." Number 472 MARIBETH BROWN, CHAIRPERSON, SOUTHEAST ANCHORAGE POLICE PROTECTION TASK FORCE, testified via teleconference in favor of HB 18 saying, "At a time when revenues are declining and forcing the reduction of some of our basic services, such as public safety...this bill could help, I believe. HB 18 would allow communities that wanted increased police services to petition for those services, indicating the level of service they desired. ...This would give quite a measure of self-determination for different communities, and I think it's a step in the right direction." Number 512 RICHARD WEINIG, ATTORNEY, ANCHORAGE, testified via teleconference in support of HB 18. He said, "It's a statewide bill, not just an Anchorage, Hillside bill... It's a revenue generating bill...for every area in the state that wants additional police service and is willing to pay for it and doesn't have to go through appropriations from the legislature. People who want the services pay for the services. ...It's a win-win situation." REPRESENTATIVE TOOHEY asked Mr. Weinig a question regarding the fiscal note. MR. WEINIG said he hadn't seen the fiscal note. REPRESENTATIVE BUNDE again referred to the fiscal note as "fiction" and said, "they're talking about building a new dynasty." Number 584 PAT ABNEY, MEMBER, SOUTHEAST ANCHORAGE POLICE PROTECTION TASK FORCE, testified via teleconference from Anchorage, in support of HB 18. DIANE HOLMES, ANCHORAGE, testified via teleconference in support of HB 18. She said, "I think this type of bill is really the forerunner of how our communities are going to be governed in the near future." Number 640 JERRY MCCUTCHIN, ANCHORAGE, testifying via teleconference, suggested a detailed amendment in order to hire recently retired police within the communities. HUGH DOOGAN, FAIRBANKS, testified via teleconference against HB 18 saying, "I think the Department of Public Safety is overtaxed right now...in reference to Hillside's problem down there...they can set up their own city...under the regulations of Community and Regional Affairs." TAPE 93-16, SIDE B Number 022 KENT SWISHER, EXECUTIVE DIRECTOR, ALASKA MUNICIPAL LEAGUE, testified expressing concerns about HB 18. He said, "In most situations, law enforcement is a local government responsibility... We would be concerned with how we direct a response to a call, if there is both a local police department and a state trooper unit. ...We wonder how this all integrates in any circumstance and whether it, in fact, has the effect of undermining the structure of local government and local law enforcement. We are also concerned about the cost of administration by the local government. We are in effect, going to be in a situation of dealing with a separate amount of money as a new tax item to spread among the number of taxpayers just as if we were dealing with a basic beginning tax assessment and all the things that go with that, including the folks who are unable or unwilling to pay that assessment, and against whom collection action must be taken..." Number 098 REPRESENTATIVE BUNDE pointed out that the Task Force on Governmental Roles encouraged introduction of legislation of this type as documented in the members packets. (A copy of everything in the member packets may be found in the House Community and Regional Affairs Committee Room, Capitol 110, and after the adjournment of the second session of the 18th Alaska State Legislature, in the Legislative Reference Library.) He added, "In my way of thinking, the assessment expense will be minimal...the relationship between troopers and police isn't as complex as it might seem to some..." Number 160 REPRESENTATIVE BUNDE then MOVED to ADOPT an AMENDMENT he had distributed to the committee in order to avoid "a bunch of amateur police forces or private police forces". (A copy of the amendment may be found in the House Community and Regional Affairs Committee Room, Capitol 110, and after the adjournment of the second session of the 18th Alaska State Legislature, in the Legislative Reference Library.) There were no objections to the motion and the AMENDMENT was ADOPTED. REPRESENTATIVE DAVIES said, "I think it's generally bad public policy for the state to impose duties on the municipality or for the federal government to impose duties on the state, when those duties are not reimbursed. So I have a problem with that aspect of this." He then MOVED that the word "not" BE REMOVED from "The municipality may not deduct money collected from assessments for administrative or other costs incurred by the municipality," (line 16 -17, page 2). Number 228 REPRESENTATIVE BUNDE said, "I would entertain this as a FRIENDLY AMENDMENT if after we strike the word 'not', and now we have 'may', we would add the additional verbiage 'a reasonable fee'." REPRESENTATIVE DAVIES said fine and reiterated the changes. CHAIRMAN OLBERG said there were no objections to the motion and that these changes, as a second amendment, be incorporated. Number 266 REPRESENTATIVE DAVIES said, "I'm a little concerned by having the statewide Department of Public Safety providing levels of service to small service areas throughout the state. I think we ought to give the municipalities the option, if we're going to do this, to form service areas, give them the option to, at the same time get that service from an adjacent municipality...if it exists... What we're doing here moves us away from local government...rather than to try to consolidate these services within local government." He also pointed out that "Title 29 prohibits formation of a new service area, if you can provide that service by annexation to an existing one." Number 308 REPRESENTATIVE BUNDE talked about the police situation in his district. He added, "I understand Representative Davies' concerns. Again, the best government is the closest to the people and if the people in a particular service area want to have that kind of service they ought to have those decisions available to them. Number 320 REPRESENTATIVE ED WILLIS gave an example of police protection in Eagle River. He continued, "The home rule charter does provide and does allow for service area. Why can't your area form that service area and do what we did." Number 345 REPRESENTATIVE BUNDE replied, "I'm pleased that Eagle River is having their needs met. Obviously, the Hillside people are not having their needs met. At another time we can talk about political intrigues that go on behind the scenes. ...We have local service areas, Eagle River chose to do one thing. Hillside, perhaps Talkeetna, Nikiski, whoever chooses to do another, they should have that option." REPRESENTATIVE WILLIS said, "That's what I'm wondering, I thought you did have that option. Why can't you form the police service area under the charter and get the level of service you want?" REPRESENTATIVE BUNDE replied, "The troopers will not cooperate and they must be brought to this by statute." Number 360 REPRESENTATIVE WILLIS said, "It gets back to the question of who's going to provide the service then. We, in Eagle River, get a municipality police force. It's all part of it and it seems to be working real well." REPRESENTATIVE BUNDE said, "It didn't work for us." REPRESENTATIVE TOOHEY gave an example of what she thought HB 18 would accomplish. REPRESENTATIVE BUNDE MOVED that HB 18, as amended, be moved out of committee with individual recommendations. REPRESENTATIVE DAVIES OBJECTED and added, "Does the sponsor object to providing the option within this attaching to the local municipality." REPRESENTATIVE BUNDE said, "Yes." REPRESENTATIVE DAVIES said, "That's the reason for my objection. I think that this (HB 18), as it's drafted now, is in conflict with Title 29." Number 400 A roll call vote was taken. Representatives Davies and Willis voted AGAINST movement of HB 18. Representatives Sanders, Williams, Bunde, Toohey, Olberg voted TO MOVE the bill out of committee with individual recommendations.
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