Legislature(1993 - 1994)

03/17/1994 08:30 AM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
  HOUSE BILL NO. 319                                                           
                                                                               
       "An Act relating to the training of law enforcement and                 
       corrections   officers;   to   the   establishment   of                 
       surcharges  to be  assessed for  violations of  certain                 
       traffic offenses; creating  the Alaska Police Standards                 
       Training Fund; and providing for an effective date."                    
                                                                               
  Members  were  provided  with  a  committee substitute  work                 
  draft, 8-LS1237\R, dated 3/16/94 (copy on file).                             
                                                                               
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  SANDY NUSBAUM, STAFF, REPRESENTATIVE PHILLIPS testified in                   
  support  of  the  committee  substitute.    She  noted  that                 
  Representative Phillips served as chairman of the governor's                 
  Task  Force on  the Contract  Jail Program.   She emphasized                 
  that no standards for operational staffing exists within the                 
  contract jails  program.   She noted  that some  contractors                 
  operate  with  full-time  employees  and  other  operate  by                 
  utilizing dispatch staff for jail  operations.  She asserted                 
  that  custodial  care  must be  provided  by  professionally                 
  trained correctional  staff.  She  stated that  correctional                 
  personnel are not receiving adequate training.                               
                                                                               
  Ms.  Nusbaum  observed  that  the  Alaska  Police  Standards                 
  Council is  mandated by  statute to  establish and  maintain                 
  police  training  programs,  probation  and  parole  officer                 
  training programs, and correctional  training programs.  She                 
  maintained that funding  has been insufficient to  allow the                 
  Alaska Police Standards Council  to provide annual statewide                 
  training.                                                                    
                                                                               
  Ms. Nusbaum explained that the legislation would establish a                 
  statewide  training  fund  for  law  enforcement  officials.                 
  Revenues would be generated by assessing a surcharge against                 
  moving   traffic  violations.      She  asserted   that  the                 
  legislation will enable the  Alaska Police Standards Council                 
  to  function in a  manner that will  enhance performance and                 
  accountability within  the law  enforcement and  corrections                 
  community.                                                                   
                                                                               
  Ms. Nusbaum observed  that HB 319  was amended in the  House                 
  Judiciary Committee.  She outlined the amendment made by the                 
  House Judiciary Committee.                                                   
                                                                               
  Ms.  Nusbaum referred  to  the fiscal  note prepared  by the                 
  Alaska  Police  Standards   Council,  Department  of  Public                 
  Safety.  She  observed that the fiscal note anticipates that                 
  collectable  annual revenues  will  be approximately  $700.0                 
  thousand dollars.                                                            
                                                                               
  Ms. Nusbaum  noted that the  sponsor is requesting  that the                 
  committee  substitute  be adopted.    She observed  that the                 
  committee  substitute  would  enable  the  courts  to  allow                 
  defendants who  are unable to  pay the surcharge  to perform                 
  community  work in  lieu of  the  surcharge.   The committee                 
  substitute would also  change the effective date  clauses to                 
  allow the Alaska  Court System adequate time  to prepare in-                 
  house  accounting  systems and  to  allow the  Alaska Police                 
  Standards  Council  to adopt  regulations  to  implement the                 
  legislation.                                                                 
                                                                               
  Ms.  Nusbaum  pointed  out  that  the  Alaska  Court  System                 
                                                                               
                                2                                              
                                                                               
                                                                               
  submitted a fiscal  note for $10.0 thousand dollars to cover                 
  the   revision  of  traffic   booklets  and  minor  computer                 
  programming.                                                                 
                                                                               
  Representative  Grussendorf questioned  if  the fiscal  note                 
  could  be   paid   by   general   fund   program   receipts.                 
  Representative Parnell indicated  that general fund  program                 
  receipts would be an appropriate funding source.                             
                                                                               
  LADDIE  SHAW,  EXECUTIVE DIRECTOR,  ALASKA  POLICE STANDARDS                 
  COUNCIL   explained   in   response   to   a   question   by                 
  Representative  Brown,  that   moving  violations  would  be                 
  assessed the surcharge.                                                      
                                                                               
  Representative Brown  asked if municipal ordinances would be                 
  included.  Mr. Shaw replied  that municipal ordinances would                 
  apply.                                                                       
                                                                               
  Representative Brown addressed  the Alaska Police  Standards                 
  Council's fiscal note.   She noted that  funding is included                 
  for  a satellite system.   Mr.  Shaw described  the intended                 
  uses of the  satellite.  Mr.  Shaw noted that the  satellite                 
  would be  used for  interactive video  systems.   This  will                 
  allow the law enforcement and  corrections community to down                 
  link interactive training  available in  other states.   Ten                 
  regional  areas  would be  connected  to the  satellite down                 
  link.                                                                        
                                                                               
  Representative Brown questioned if RATNet could be utilized.                 
  She noted that  funding was  provided to analysize  multiple                 
  use  of RATnet,  through the  Department of  Administration.                 
  She  observed that  improved  technology would  allow  eight                 
  channel reception.  She was  reluctant to authorize a single                 
  stand alone system.                                                          
                                                                               
  Mr. Shaw indicated  the Alaska Police Standards  Council was                 
  willing to  work with or adapt  to any existing  system.  He                 
  emphasized that  the Alaska  Police Standards  Council could                 
  use   savings   to   advance   training   in   other   ways.                 
  Representative  Brown pointed  out  that  the multi  channel                 
  RAtNet system is not currently operational.                                  
                                                                               
  Representative   Grussendorf   clarified   that  seat   belt                 
  violations would be included.  He expressed concern that the                 
  legislation would  affect officer's  attitude in  regards to                 
  issuance of citation due to its revenue enhancing nature.                    
                                                                               
  Mr. Shaw  emphasized  that  community  base  training  would                 
  offset any inclination to issue fines.   He pointed out that                 
  of 28,000  citations for  seat belt  violations only  12,000                 
  carried fines.   He asserted that the  legislation would not                 
  make a difference in the mind of the officer.  He reiterated                 
                                                                               
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  his  desire  to  see training  to  develop community/officer                 
  involvement and communication.                                               
                                                                               
  Representative   Navarre   supported  the   intent   of  the                 
  legislation.  He noted that the program would raise revenues                 
  by $700.0  thousand dollars.   He  questioned if  the Alaska                 
  Police Standards Council training  should  be given a higher                 
  priority  than  other  areas  in  the Department  of  Public                 
  Safety's budget that will not be funded in FY 95.                            
                                                                               
  Representative Martin echoed the concerns of  Representative                 
  Grussendorf,  in  regards  to  the  issuance  of  additional                 
  citations carrying  fines.   He noted  the extra  accounting                 
  costs that creation of a surcharge would require.                            
                                                                               
  Representative Parnell noted that the surcharge would not be                 
  uniform.    He wondered  if  the question  of constitutional                 
  equal protection rights would be raised.                                     
                                                                               
  JERRY LUCKHAUPT,  LEGAL COUNSEL, LEGISLATIVE  AFFAIRS AGENCY                 
  did not think that the $10 versus $25 dollar surcharge would                 
  cause  equal  protection rights  issues  to be  raised.   He                 
  suggested  that the legislature  is identifying more serious                 
  moving  violations  as  violations meritorious  of  the  $25                 
  dollar surcharge.   He added that violations  identified for                 
  the $25 dollar surcharge  are ones that could result  in the                 
  loss of a licence.  Violations  carrying a $10 surcharge are                 
  non criminal, less serious offenses.                                         
                                                                               
  Mr.  Luckhaupt discussed equal  protection criteria  used by                 
  the  court to  assure  there  is  no interference  to  equal                 
  protection rights.                                                           
                                                                               
  Representative  Parnell suggested that the state could argue                 
  that  the  surcharge  is  increased  to  correspond  to  the                 
  increase in severity of the violation.  Mr. Luckhaupt agreed                 
  that the more  serious violations require a greater level of                 
  law enforcement expertise.                                                   
                                                                               
  Representative Parnell asked if Alaska  or other states have                 
  tiered surcharges.  Mr. Luckhaupt pointed out that the state                 
  of Alaska has no  other surcharges.  He observed  that other                 
  states have surcharges to cover victims compensation.                        
                                                                               
  Representative Parnell questioned if  the surcharge needs to                 
  be tied to  a corresponding program.  Mr. Luckhaupt believed                 
  the legislature could inaugurate a surcharge separate from a                 
  program.   He  pointed out  that revenues  generated by  the                 
  surcharge would have to be  appropriated by the legislature.                 
  He  suggested  that  a  surcharge  could  be  viewed  as  an                 
  increased fine.                                                              
                                                                               
                                                                               
                                4                                              
                                                                               
                                                                               
  Co-Chair Larson asked  the fiscal impact of deleting the $10                 
  dollar surcharge.  Representative Brown noted that according                 
  to page 2 of  the Department of Public Safety's  fiscal note                 
  the majority  of revenues  would  come from  the $10  dollar                 
  surcharge.                                                                   
                                                                               
  Representative Brown  asked for  more information  regarding                 
  the contractual line of the fiscal note by the Department of                 
  Public Safety.   Mr. Shaw  responded that contractual  money                 
  would be used for in service training.                                       
                                                                               
  Representative Brown noted that  the Alaska Police Standards                 
  Council's  current funding level is $276.0 thousand dollars.                 
  The fiscal note  requests that  all $698.6 thousand  dollars                 
  generated by the  legislation be appropriated to  the Alaska                 
  Police Standards Council for training.   Mr. Shaw emphasized                 
  that the current level only allows basic level training.  He                 
  stressed that field and supervisor  training would be funded                 
  along with in service training.                                              
                                                                               
  Representative  Brown  noted that  the  contractual  line is                 
  increased from $180.7  thousand dollars in  FY 95 to  $580.7                 
  thousand dollars  in succeeding  years.   Mr. Shaw  stressed                 
  that   on  site  training will  be  increased in  subsequent                 
  years.                                                                       
                                                                               
  Representative questioned estimates used for equipment.  She                 
  asked if surplus  desks and chairs could be used.   Mr. Shaw                 
  agreed that surplus equipment may  be located but emphasized                 
  that computer  network  needs could  not be  met by  surplus                 
  equipment.                                                                   
                                                                               
  In response to a question by Co-Chair Larson, Mr. Shaw noted                 
  that the  Alaska Police  Standards Council  has a  statutory                 
  requirement to provide training to officers.                                 
                                                                               
  (Tape Change, HFC 94-65, Side 1)                                             
                                                                               
  Representative  Brown questioned  how  the training  program                 
  will address problems of increased homelessness, poverty and                 
  drug addiction.                                                              
                                                                               
  Mr.  Shaw  noted that  training  needs to  address sensitive                 
  based community training.                                                    
                                                                               
  Representative Brown asked  for a minimum amount  of funding                 
  needed to make a  difference in training levels.   She asked                 
  if there  is  an intermediate  level of  funding which  will                 
  allow training beyond  the basic level.   Mr. Shaw  observed                 
  that it costs $2,200 to train one officer at the academy for                 
  one week.   He pointed out that it  would cost over a half a                 
  million dollars to train all 22,000 officers.  He emphasized                 
                                                                               
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  that as an instructor he experienced troopers at the academy                 
  that had not repeated  their CPR training in over  10 years.                 
  He observed that training needs vary in each community.                      
                                                                               
  Representative Brown  suggested that  most of  the surcharge                 
  will be  collected in  Anchorage and  spent in  other areas.                 
  Mr. Shaw assured her that 53  percent of the law enforcement                 
  base  is  on the  road system  and  could therefore  come to                 
  Anchorage for training.  He observed  that 60 percent of the                 
  surcharge will come  from Anchorage.   He asserted that  the                 
  training will be officer equitable.                                          
                                                                               
  Representative Hanley noted  that the fiscal note  will need                 
  to be adjusted to account for  the change in effective date.                 
  Co-Chair Larson  suggested that Representative  Parnell look                 
  at the fiscal note.                                                          
                                                                               
  Representative  Hanley  observed  that  funding  for  Alaska                 
  Police  Standards  Council  training  would  be  subject  to                 
  legislative approval even if it  is accounted for separately                 
  in the General Fund.  He maintained that costs would need to                 
  be justified.  He expressed concern that equipment estimates                 
  are high.                                                                    
                                                                               
  Representative Hanley referred to other legislation (HB 442)                 
  which  addresses   training  needs  in  the   Department  of                 
  Corrections and Department of Public Safety.                                 
                                                                               
  Mr. Shaw  compared programs  in other  states.   He observed                 
  that  30 other states  have similar surcharges.   He pointed                 
  out that  Utah has experienced a decline  in citations since                 
  their program  was initiated.  He stressed that the majority                 
  of states have tiered surcharges.                                            
                                                                               
  In response  to a  question by  Representative Parnell,  Mr.                 
  Shaw  observed  that  estimated   revenues  were  based   on                 
  anticipated actual dollars collected.  They estimate that 72                 
  percent of the surcharge will be collected.                                  
                                                                               
  Co-Chair Larson  pointed out  that the  word "ordinance"  is                 
  misspelled on page 2, line 14.                                               
                                                                               
  Co-Chair Larson MOVED to ADOPT work draft, 8-LS1237\R, dated                 
  3/16/94.  There being NO OBJECTION, it was so ordered.                       
                                                                               
  Representative  Brown  expressed  her  preference  that  the                 
  surcharge  be  deposited  in the  General  Fund  without the                 
  creation of a  separate fund.   If the  Committee choses  to                 
  retain the  Fund she would recommend that  the $10 surcharge                 
  be  deleted and  a  lower  level  of  funding  dedicated  to                 
  training.                                                                    
                                                                               
                                                                               
                                6                                              
                                                                               
                                                                               
  Representative Brown  observed that the legislation could be                 
  viewed as a revenue measure.   She suggested that sections 1                 
  and the  creation  of the  Alaska  Police Training  Fund  be                 
  deleted.  She observed that revenues could be used to offset                 
  reductions in the Department of Public Safety's budget.  She                 
  expressed  support  for an  increased  level of  funding for                 
  training but questioned  if training is the  highest funding                 
  priority.                                                                    
                                                                               
  Representative Parnell  agreed with the deletion  of section                 
  1.  He disagreed with the deletion of section 4 creating the                 
  Alaska  Police  Training   Fund.     He  pointed  out   that                 
  anticipated revenues and subsequent appropriations would not                 
  be  part  of  this year's  budget  discussions,  due  to the                 
  effective date.                                                              
                                                                               
  Representative  Brown  observed  that  a  separate   account                 
  creates  additional   overhead.    She   maintained  that  a                 
  surcharge  could   be  added   to  maintain   public  safety                 
  functions.  She  suggested that an immediate  effective date                 
  could be adopted if the changes she suggested were made.                     
                                                                               
  Ms. Nusbaum replied that the Alaska Court System fiscal note                 
  is  predicated  on  the  change  to  their  bail  forfeiture                 
  schedule.   She suggested  that the  Alaska Police  Standard                 
  Council  would need  time to put  the system in  place.  She                 
  suggested that the program is equated to a sales tax rebate.                 
  She reiterated that  the legislature has the  prerogative to                 
  fund the training if they chose.                                             
                                                                               
  Representative Brown reiterated that it may not be worth the                 
  overhead to separately account for the funds.                                
                                                                               
  Representative Navarre maintained  that any surcharge  would                 
  justify the Alaska Court System's fiscal note.   He referred                 
  to publications  costs  detailed in  the  fiscal note.    He                 
  questioned if  the cost  would be  reduced if the  effective                 
  date clause is delayed.                                                      
                                                                               
  Co-Chair Larson assigned  CSHB 319  (FIN) to a  subcommittee                 
  consisting of Representative Parnell.                                        

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