Legislature(2007 - 2008)HOUSE FINANCE 519

02/07/2008 01:30 PM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 313 G.O. BONDS FOR CRIME LAB TELECONFERENCED
Heard & Held
*+ HB 343 SUPPLEMENTAL/CAPITAL APPROPRIATIONS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
HOUSE BILL NO. 313                                                                                                            
                                                                                                                                
     "An Act  providing for and  relating to the  issuance of                                                                   
     general obligation  bonds for the purpose  of paying the                                                                   
     cost  of a  scientific crime  detection laboratory;  and                                                                   
     providing for an effective date."                                                                                          
                                                                                                                                
JOHN  GLASS,   DEPUTY  COMMISSIONER,  DEPARTMENT   OF  PUBLIC                                                                   
SAFETY, described  the inadequacies of the current  crime lab                                                                   
and the  proposed new  crime lab for  which they  are seeking                                                                   
funds  in the amount  of $100  million. The  current lab  was                                                                   
built in  1986 to  house 14 people.  Currently 41  people are                                                                   
working  in  the  same  space,  utilizing  approximately  ten                                                                   
different sciences.  The crime  lab did not start  processing                                                                   
DNA until 1994 and is now receiving  1,000 samples of DNA per                                                                   
month. In 2006  the Legislature appropriated  $4.8 million to                                                                   
research and design a new lab,  and to find a location. After                                                                   
looking at  34 locations, the  Department chose  Anchorage as                                                                   
the  best location  for the  lab. Anchorage  is in  proximity                                                                   
with  the  most  work  being  done by  the  lab  and  has  an                                                                   
international  airport. The  site consists  of 15.3  acres on                                                                   
Tudor Road  between the current  crime lab and  the Anchorage                                                                   
Police  Department. The  Department is  in negotiations  with                                                                   
the municipality of Anchorage for the property.                                                                                 
                                                                                                                                
1:44:25 PM                                                                                                                    
                                                                                                                                
Mr. Glass strongly  emphasized the need for a  new crime lab.                                                                   
The current lab cannot be added  onto. The Department hired a                                                                   
firm to determine  what size laboratory was  needed currently                                                                   
and in  the future.  The new building  is designed  for forty                                                                   
years of use. The planned building  is 83,000 square feet and                                                                   
has  room to  expand  as new  technologies  and analysts  are                                                                   
needed.                                                                                                                         
                                                                                                                                
1:45:31 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer  asked about plans  for the old  building. Mr.                                                                   
Glass answered that the building  cannot be made into another                                                                   
kind  of  lab.   He  hopes  to  move  the   Sexual  Offenders                                                                   
Registration,  the  Alcohol  Beverage Control  Board  and  an                                                                   
investigation unit to the old building.                                                                                         
                                                                                                                                
Vice-Chair Stoltze wanted to know  how critical the situation                                                                   
was in the old lab in relation to preserving evidence.                                                                          
                                                                                                                                
1:47:25 PM                                                                                                                    
                                                                                                                                
Representative Hawker asked for real numbers.                                                                                   
                                                                                                                                
MATT   TANAKA,   ENGINEER,   CONSTRUCTION   AND   OPERATIONS,                                                                   
DEPARTMENT   OF   TRANSPORTATION    AND   PUBLIC   FACILITIES                                                                   
(TESTIFIED  VIA  TELECONFERENCE),  reviewed  the  process  of                                                                   
designing  the new  lab and  establishing  the dollar  amount                                                                   
needed. An  architectural firm  with a nationally  recognized                                                                   
crime lab expert  was hired to determine the  necessary size.                                                                   
The budget figure was arrived  at from the bottom up based on                                                                   
need.  An executive  decision was  made near  the end of  the                                                                   
study  phase to  limit the  scope of  the project  to a  $100                                                                   
million upper limit.                                                                                                            
                                                                                                                                
Representative  Hawker asked  what the  optimal number  would                                                                   
be.                                                                                                                             
                                                                                                                                
Mr. Tanaka replied that initially  they foresaw a need for up                                                                   
to  97,000 square  feet,  but the  timeline  for this  square                                                                   
footage was  too far in the  future. They thought  they could                                                                   
use up to $120 million for the  project. This was scaled back                                                                   
to  $106 million,  which  provides for  a  $100 million  face                                                                   
value plus  up to  $6 million of  interest earnings  from the                                                                   
bonds.                                                                                                                          
                                                                                                                                
1:50:38 PM                                                                                                                    
                                                                                                                                
Representative  Kelly observed  the 400%  increase in  square                                                                   
footage over the old lab and asked  for justification for the                                                                   
additional space.                                                                                                               
                                                                                                                                
Mr. Glass described the cramped  conditions for the 41 people                                                                   
doing both lab  and paperwork on the same  workbenches, which                                                                   
causes serious  concerns of cross-contamination  of evidence.                                                                   
In addition,  five new  DNA analysts  were added through  the                                                                   
Legislature in  FY 08 and  space must  be made for  them. The                                                                   
lab  is  trying  to  expand  into   other  sciences  such  as                                                                   
toxicology, which is currently sent out-of-state.                                                                               
                                                                                                                                
Representative  Kelly thought  a 400%  increase still  seemed                                                                   
excessive. He  was also  concerned about additional  expenses                                                                   
for the proposed operations in  the old building. He wondered                                                                   
if sending some work out-of-state wasn't appropriate.                                                                           
                                                                                                                                
1:53:31 PM                                                                                                                    
                                                                                                                                
Co-Chair  Meyer  voiced  similar  concerns  about  costs.  He                                                                   
recognized that  the need for  the crime lab  was increasing.                                                                   
He wondered  about using  General Fund  money instead  of the                                                                   
bond and appropriating  funds in phases, such  as $40 million                                                                   
each year for three years. Mr.  Glass thought that could be a                                                                   
possibility. He said  the planning and review  money will run                                                                   
out in  late July and General  Funds could carry  the project                                                                   
through to the planned ground-breaking in February 2009.                                                                        
                                                                                                                                
Co-Chair Meyer  wondered how Alaskans  might react to  a $100                                                                   
million project for  Anchorage on the ballot  and asked about                                                                   
the  Department's  marketing strategy.  Other  municipalities                                                                   
might  want  the lab.  Mr.  Glass  concurred that  they  were                                                                   
asking for  a lot of  money and reiterated  the need  for the                                                                   
laboratory.                                                                                                                     
                                                                                                                                
DAN SPENCER,  DIRECTOR, DIVISION OF ADMINISTRATIVE  SERVICES,                                                                   
DEPARTMENT OF  PUBLIC SAFETY,  commented on Co-Chair  Meyer's                                                                   
thought about appropriating $40  million over three years. He                                                                   
said  the State  cannot  let a  contract  for  more than  the                                                                   
appropriation.                                                                                                                  
                                                                                                                                
1:56:30 PM                                                                                                                    
                                                                                                                                
Representative  Hawker noticed that  HB 313 authorizes  bonds                                                                   
for design  and construction  and asked  if the $106  million                                                                   
included equipment  and land. Mr. Glass said  equipment, land                                                                   
and  moving   costs  were  included.  Representative   Hawker                                                                   
wondered if this should be in the language of the bill.                                                                         
                                                                                                                                
Representative  Gara calculated  that  the cost  for the  lab                                                                   
would  be $2.5  million  per employee  for  41 employees  and                                                                   
thought  that sounded  high. Mr.  Glass had  had some of  the                                                                   
same  concerns;  however, the  numbers  came  from crime  lab                                                                   
experts.  Representative Gara  asked  for help  understanding                                                                   
the enormity of the amount.                                                                                                     
                                                                                                                                
1:59:11 PM                                                                                                                    
                                                                                                                                
Mr. Glass  reiterated that  the experts  had said the  amount                                                                   
was needed for the type of laboratory and services needed.                                                                      
                                                                                                                                
Representative Gara  pointed out that Alaska  had many needs.                                                                   
He  questioned whether  the consultants  had  both needs  and                                                                   
efficiency in mind.                                                                                                             
                                                                                                                                
Mr. Tanaka assured  the Committee that  Representative Gara's                                                                   
questions  were common.  He  said he  had  managed two  other                                                                   
successful  lab projects  for  the State:  the  environmental                                                                   
health lab for  the Department of Environmental  Conservation                                                                   
in  Anchorage, and  the virology  lab for  the Department  of                                                                   
Health and Social Services in  Fairbanks. He pointed out that                                                                   
laboratory space is sized based  on the analyses that will be                                                                   
performed in  the space,  not on how  many people are  in the                                                                   
building. One analyst  may need to work in  several different                                                                   
laboratory  modules. There may  be very  few people  and many                                                                   
technologies.  If the  module is  not built,  the lab  cannot                                                                   
perform the function.                                                                                                           
                                                                                                                                
Mr. Tanaka  said the  consultants hired  for the project  are                                                                   
nationally  recognized crime  lab  experts, McClaren,  Wilson                                                                   
and Lawrie, Inc. This firm has  designed and built crime labs                                                                   
all over the country. The State  can draw on the expertise of                                                                   
the consultants  as well  as the experience  of the  two labs                                                                   
already built in the state.                                                                                                     
                                                                                                                                
2:03:34 PM                                                                                                                    
                                                                                                                                
Representative   Gara  asked  about   the  process   used  to                                                                   
determine the size of the lab.                                                                                                  
                                                                                                                                
Mr. Tanaka explained  the process. First, the  national crime                                                                   
lab  experts met  with Public  Safety  staff, including  Orin                                                                   
Dim,  the  Crime  Lab  Supervisor,   and  the  architects  to                                                                   
determine what the needs were  for the new lab. The space was                                                                   
then designed for optimal use,  factoring in both current and                                                                   
future program  needs. The design  is designed based  on real                                                                   
need and not speculation. Mr.  Tanaka said that at this point                                                                   
floor plans  are developed and  there is a program  and needs                                                                   
analysis. The budget presented is based on thorough study.                                                                      
                                                                                                                                
Representative  Crawford questioned  a proposed  bullet-proof                                                                   
wall  to the  road.  He asked  for a  breakdown  of costs  of                                                                   
machinery  and  equipment  separate  from the  costs  of  the                                                                   
actual building. He agreed with  other Committee members that                                                                   
the amount requested seemed high.                                                                                               
                                                                                                                                
2:06:22 PM                                                                                                                    
                                                                                                                                
Mr. Glass said that part of the  cost-cutting did include the                                                                   
removal  of the  bullet  proof  wall. He  said  Orin Dim  has                                                                   
conducted a study of the dollar values of the equipment.                                                                        
                                                                                                                                
Representative  Nelson wondered if  part of the  high expense                                                                   
was  due to  storage  space needs  for  DNA  and crime  scene                                                                   
material.  Mr. Glass  emphasized the  critical importance  of                                                                   
storage  space. He  provided the  Committee with  photographs                                                                   
documenting  crowded  evidence  storage  and work  space  (On                                                                   
File). The  garage space  needed for  examination of  cars is                                                                   
also  used for  evidence  storage. Each  time  the garage  is                                                                   
needed to  examine a car, the  stored evidence must  be moved                                                                   
out and back in, wasting a great  deal of time. He went on to                                                                   
say that although storage space  is important, work space for                                                                   
the DNA analysts and other scientists is more of an issue.                                                                      
                                                                                                                                
Representative Meyer  asked for a breakdown of  costs for the                                                                   
building,  land, equipment  and so  on. Mr.  Glass said  they                                                                   
would get that information to the Committee.                                                                                    
                                                                                                                                
Co-Chair Meyer  added he would  also like to know  the future                                                                   
operating costs of the building.                                                                                                
                                                                                                                                
2:09:32 PM                                                                                                                    
                                                                                                                                
Vice-Chair  Stoltze clarified  the sterile,  secure and  non-                                                                   
public nature  of the building.  He wondered if  the building                                                                   
could obtain  an exemption  from One  Percent for Art,  which                                                                   
could save $1 million.                                                                                                          
                                                                                                                                
2:12:38 PM                                                                                                                    
                                                                                                                                
Representative  Gara stated  for the  record his respect  and                                                                   
appreciation for members of the arts community.                                                                                 
                                                                                                                                
Representative Gara asked if the  proposed land for the crime                                                                   
lab is  private. Mr.  Glass responded  that  the land is  not                                                                   
private  but   belongs  to  the  Municipality   of  Anchorage                                                                   
Heritage Land  Bank. The Department is still  in negotiations                                                                   
for the land and close to a contract  agreement for long-term                                                                   
lease.                                                                                                                          
                                                                                                                                
Representative Gara wondered what  the lease price was and if                                                                   
it  was  included  in the  $106  million  figure.  Mr.  Glass                                                                   
clarified that in  exchange for the use of the  land, the lab                                                                   
would do free work for the municipality.                                                                                        
                                                                                                                                
2:14:36 PM                                                                                                                    
                                                                                                                                
Representative  Gara asked if  the $100 million  covered more                                                                   
than construction  costs.  Mr. Glass  replied that the  money                                                                   
was also for site preparation,  design and engineering costs,                                                                   
in  addition  to  construction   costs.  Representative  Gara                                                                   
wondered  if  there  a  per  square   foot  cost.  Mr.  Glass                                                                   
described  some  of  the complexities  that  made  finding  a                                                                   
square foot cost difficult.                                                                                                     
                                                                                                                                
2:16:11 PM                                                                                                                    
                                                                                                                                
Mr. Tanaka said  a square-foot figure could  be calculated by                                                                   
comparing  the project  with  other similar  projects.  After                                                                   
taking out  project specifics  and escalating the  figures to                                                                   
the present,  the cost for  the DEC environmental  health lab                                                                   
was  $950 per  square foot.  The Fairbanks  virology lab,  in                                                                   
comparison, cost  $1,136 per square foot. The  proposed crime                                                                   
lab  comes  to  approximately  $1,050  per  square  foot.  He                                                                   
concluded that the cost is on  par with other laboratories of                                                                   
similar complexity in Alaska.                                                                                                   
                                                                                                                                
Mr. Tanaka delineated site preparation  costs: $7 million for                                                                   
site   preparation,   $3  million   for   laboratory-specific                                                                   
features  in the building,  and $2.3  million for  laboratory                                                                   
equipment.                                                                                                                      
                                                                                                                                
Representative  Gara questioned  whether  the  costs for  the                                                                   
other state buildings were scrutinized.                                                                                         
                                                                                                                                
2:19:19 PM                                                                                                                    
                                                                                                                                
Co-Chair Chenault  wondered how  much work  the lab  would do                                                                   
for Anchorage  in exchange for  the land use. Mr.  Glass said                                                                   
approximately 70%  of the crime  lab's work is  currently for                                                                   
the Anchorage Police Department.                                                                                                
                                                                                                                                
Vice-Chair Stoltze  compared the  building to a  hospital. He                                                                   
pointed  out  that hospitals  out-source  their  records  and                                                                   
wondered if  every function in  the crime lab  was essential.                                                                   
Mr.  Glass answered  in the  affirmative.  He explained  that                                                                   
part of the challenge is that  a piece of evidence might have                                                                   
to be put through  many processes. Once the  piece is brought                                                                   
on-site, shipping it out can cause cross-contamination.                                                                         
                                                                                                                                
2:22:33 PM                                                                                                                    
                                                                                                                                
Representative Nelson acknowledged  progress made on specific                                                                   
cold  case  files  because of  the  application  of  forensic                                                                   
science.  She didn't  want the  State to  contract out  vital                                                                   
pieces  of evidence.  She thought  the price  well worth  the                                                                   
money for victims' rights.                                                                                                      
                                                                                                                                
Vice-Chair  Stoltze agreed  but  wondered if  there could  be                                                                   
less expensive buildings for storage.                                                                                           
                                                                                                                                
Co-Chair Meyer asked Mr. Glass  for a breakdown of the costs.                                                                   
He referred  to the case  of a fish  hatchery in  which costs                                                                   
were double what the Legislature approved.                                                                                      
                                                                                                                                
Mr.  Glass said  he  would bring  the  numbers the  following                                                                   
week.                                                                                                                           
                                                                                                                                
2:24:59 PM                                                                                                                    
                                                                                                                                
Representative Kelly wondered  if other states sub-contracted                                                                   
to the private sector.                                                                                                          
                                                                                                                                
ORIN  DYM,  FORENSIC  LAB  MANAGER,   CRIME  LAB  SUPERVISOR,                                                                   
DEPARTMENT OF  PUBLIC SAFETY (TESTIFIED VIA  TELECONFERENCE),                                                                   
answered that  some evidence  cannot be  farmed out.  Some is                                                                   
sent  to  the  FBI.  There  are   no  facilities  to  perform                                                                   
controlled substance  analyses. Currently,  major outsourcing                                                                   
is non-evidentiary, such as convicted offender DNA samples.                                                                     
                                                                                                                                
2:27:24 PM                                                                                                                    
                                                                                                                                
Representative Gara wanted to  know the annual financing cost                                                                   
for the $100 million bond.                                                                                                      
                                                                                                                                
DEVEN  MITCHELL, EXECUTIVE  DIRECTOR,  ALASKA MUNICIPAL  BOND                                                                   
BANK  AUTHORITY,  DEPARTMENT  OF REVENUE,  thought  the  cost                                                                   
would  correlate  to  the interest  on  the  bonds;  Alaska's                                                                   
current  rate would  be  close  to 4%.  This  would make  the                                                                   
annual payment approximately $7.5 million.                                                                                      
                                                                                                                                
Co-Chair Meyer asked  for a fiscal note from  Revenue showing                                                                   
the repayment  schedule and  the ultimate  cost of  the bond.                                                                   
Mr. Deven said he would get the fiscal note to him.                                                                             
                                                                                                                                
2:29:28 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer closed public testimony on HB 313.                                                                               
                                                                                                                                
Representative  Kelly stated his  skepticism regarding  space                                                                   
studies. He wondered what would  happen if the square footage                                                                   
of the crime lab was cut it in half.                                                                                            
                                                                                                                                
Co-Chair  Meyer  reiterated  the  need for  a  break-down  of                                                                   
costs.                                                                                                                          
                                                                                                                                
HB  313  was   HEARD  and  HELD  in  Committee   for  further                                                                   
consideration.                                                                                                                  
                                                                                                                                
2:32:10 PM   AT EASE                                                                                                          
2:43:42 PM   RECONVENE                                                                                                        
                                                                                                                                

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