Legislature(2005 - 2006)SENATE FINANCE 532
02/09/2006 09:00 AM Senate FINANCE
| Audio | Topic |
|---|---|
| Start | |
| SB 233 | |
| SB218 | |
| HB 243 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 233 | TELECONFERENCED | |
| += | SB 218 | TELECONFERENCED | |
| + | SB 188 | TELECONFERENCED | |
| + | HB 243 | TELECONFERENCED | |
| + | TELECONFERENCED |
MINUTES
SENATE FINANCE COMMITTEE
February 9, 2006
9:06 a.m.
CALL TO ORDER
Co-Chair Lyda Green convened the meeting at approximately 9:06:56
AM.
PRESENT
Senator Lyda Green, Co-Chair
Senator Gary Wilken, Co-Chair
Senator Con Bunde, Vice Chair
Senator Fred Dyson
Senator Bert Stedman
Senator Donny Olson
Senator Lyman Hoffman
Also Attending: GUY BELL, Assistant Commissioner, Department of
Labor and Workforce Development; JUNO CHANCE, Administrative
Services Manager, Administrative Services Division, Department of
Military and Veterans Affairs; NICO BUS, Administrative Services
Manager and Acting Director, Division of Support Services,
Department of Natural Resources; DAN SPENCER, Director, Division of
Administrative Services, Department of Public Safety; NANCY SLAGLE,
Director, Division of Administrative Services, Department of
Transportation and Public Facilities; FRANK RICHARDS, State
Maintenance Engineer, Transportation Management and Security,
Office of the Commissioner, Department of Transportation and Public
Facilities; PAT PITNEY, Director of Budget Development and
Institutional Planning, University of Alaska; DOUG WOOLIVER,
Administrative Attorney, Office of the Administrative Director,
Alaska Court System; PORTIA PARKER, Deputy Commissioner, Department
of Corrections; SUSAN PARKS, Deputy Attorney General, Criminal
Division, Department of Law; DAVE CARLSON, Chief Executive Officer,
Four Dam Pool Power Agency
Attending via Teleconference: From an offnet location: JAMES
HELGOE, Lieutenant, Alaska State Troopers, Department of Public
Safety; From Sitka: GALEN PAINE, Defense Attorney; From Anchorage:
STACY WALKER, Attorney; RON MILLER, Executive Director, Alaska
Energy Association; BRIAN BJORKQUIST, Senior Assistant Attorney
General, Labor and State Affairs Section, Civil Division,
Department of Law; SARA FISHER GOAD, Alaska Energy Association
SUMMARY INFORMATION
SB 233-APPROPRIATIONS FOR CAPITAL PROJECTS
The Committee heard overviews on the FY 06 supplemental budget
requests from the Department of Labor and Workforce Development,
the Department of Military and Veterans Affairs, the Department of
Natural Resources, the Department of Public Safety, the Department
of Transportation and Public Facilities, the University of Alaska,
and the Alaska Court System. The bill was held in Committee.
SB 218-CRIMINAL SENTENCING AND POLYGRAPHS
The Committee heard from the sponsor, the Department of Public
Safety, the Department of Corrections, the Department of Law and
private attorneys. A committee substitute was adopted and amended
once. The bill was reported from Committee.
HB 243-SWAN LAKE-TYEE LAKE INTERTIE
The Committee heard from the Four Dam Pool Power Agency and the
Alaska Energy Authority. The bill was held in Committee.
SB 188-BULK FUEL REVOLVING LOAN FUND CAP
This bill was scheduled but not heard.
9:07:20 AM
SENATE BILL NO. 233
"An Act making appropriations for capital projects; and
providing for an effective date."
This was the second hearing for this bill in the Senate Finance
Committee. The Committee continued hearing overviews on the funding
requests.
9:07:42 AM
Department of Labor and Workforce Development
AVTEC Facilities Deferred Maintenance
$2,500,000 general funds
Reference No.: 41462
Category: Education
Location: Seward
Election District: Homer/Seward
Estimated Project Dates: 03/15/2006 - 06/30/2011
On-Going Project
AVTEC has 12 buildings in Seward that are 25-55 years old. The
First Lake Facility and the Applied Technology Diesel and
Welding Building both need extensive window and windowsill
repairs and replacements. Other maintenance on the three
Seward campuses includes: replace asbestos coated corrugated
exterior panels, paint exteriors, repair mechanical and
electrical code violations, repair failed ventilation system,
rezone and replace control valves and thermostats,
repair/replace deteriorating parking lot asphalt and pot
holes, and replace moisture compromised T111 siding on
apartment buildings.
GUY BELL, Assistant Commissioner, Department of Labor and Workforce
Development, overviewed the summary and statement of need. Projects
would be located at the dormitories, cafeteria and student
apartments of the Alaska Vocational Technical Center (AVTEC).
9:09:14 AM
Senator Bunde appreciated that the project requests were
prioritized.
Senator Bunde reiterated opinions expressed at previous meetings
that supplemental appropriations are intended to address unexpected
events that occurred after the original appropriation was made. He
asked the reason this deferred maintenance project was submitted as
a supplemental request.
9:09:49 AM
Mr. Bell replied that although the appropriation could be made at a
later time, the intent is to begin the project as early in the
summer construction season as possible. Because many of the repairs
and replacements are energy-related, the State would benefit from
reduced fuel costs.
9:10:26 AM
Senator Olson asked the number of students attending AVTEC.
9:10:45 AM
Mr. Bell responded that 474 students attend each year.
9:10:53 AM
Co-Chair Green understood that some programs are short term.
9:10:59 AM
Mr. Bell confirmed that the Center offers both long and short-term
programs. The longest program lasts nine months.
9:11:12 AM
Department of Military and Veterans Affairs
Army Guard Facilities Projects
$1,750,000 Total
$900,000 Federal Receipts
$850,000 G/F Match
Reference No.: 38963
Category: Public Protection
Location: Statewide
Election District: Statewide
Estimated Project Dates: 03/15/2006 - 06/30/2011
On-Going Project
With 237 Alaska Army National Guard buildings at 96 various
locations, with an average age of approximately 30 years,
deferred maintenance and renewal and replacement are a high
priority. Alaska National Guard preventative maintenance is
performed on a schedule, yet building components have a
limited life requiring eventual renewal and replacement. This
project requests $900,000 federal and $850,000 state funds to
be applied to over $13 million backlogged deferred maintenance
projects statewide. Life safety enhancement end results,
ability to protect our citizens and infrastructure, will
continue to improve within our performance management
framework.
JUNO CHANCE, Administrative Services Manager, Administrative
Services Division, Department of Military and Veterans Affairs,
overviewed the summary statement. Runways, parking lots and storage
facilities would also be addressed.
Ms. Chance directed attention to a prioritized listing of the
proposed projects and their estimated costs as well as a collection
of photographs showing previous improvements and areas needing
maintenance [copies on file].
9:13:27 AM
Senator Dyson suggested that if the Senate Finance Committee were
to establish a policy to only provide FY 06 supplemental
appropriations to address emergency health and safety needs, those
projects requiring "early intervention", and projects that must be
completed the summer of 2006, the Department could identify and
prioritize those proposed projects.
9:14:46 AM
Ms. Chance responded that the item before the members represents
the entire annual appropriation request for deferred maintenance
projects. No request would be submitted for the FY 07 regular
capital budget. The proposed projects could be prioritized to
identify those that should receive funding prior to the start of FY
07.
9:15:25 AM
Senator Dyson asked why this funding is requested as an FY 06
supplemental appropriation rather than included in the proposed FY
07 regular appropriation.
9:15:40 AM
Ms. Chance replied that the Office of the Governor made this
decision. However, the Department has some immediate needs that
require funding prior to July 1, 2006.
9:16:06 AM
Senator Stedman recalled a comment made at the previous meeting in
which a departmental representative indicated that the claim that
no deferred maintenance requests would be included in the proposed
FY 07 budget could be in error.
9:16:32 AM
Senator Bunde, qualifying that his statement would not be directed
to the current witness, ascertained the issue as a policy
difference. His position was to examine the needs compared to the
Governor's proposed supplemental budgets, which appear to consider
the amount of funds available.
9:17:11 AM
Co-Chair Green surmised that the Office of the Governor has chosen
this approach. The Committee must decide how to proceed.
9:17:23 AM
Senator Dyson asked if the projects proposed in this item require
matching funds to secure federal receipts.
9:17:31 AM
Ms. Chance answered that State matching funds are required.
9:17:54 AM
Co-Chair Green asked about a time limit to receive the federal
funds.
9:18:05 AM
Ms. Chance replied that no time limit exists. This item represents
the Department's annual request.
9:18:42 AM
Co-Chair Green announced that handouts should be submitted on the
day prior to the meeting.
9:19:21 AM
Senator Bunde agreed, noting the need to review materials
beforehand.
9:19:31 AM
Department of Natural Resources
NICO BUS, Administrative Services Manager and Acting Director,
Division of Support Services, Department of Natural Resources,
testified the Department has submitted requests for eight deferred
maintenance projects. These are prioritized from the $50 million in
identified needs and the intent is to complete the projects before
the upcoming summer tourism season.
9:20:31 AM
41405
Plant Material Center Facility Repair
$200,000 General Funds
Reference No.: 41405
Category: Natural Resources
Location: Palmer (Greater Palmer)
Election District: Greater Palmer
Estimated Project Dates: 03/15/2006 - 06/30/2008
One-Time Project
The Plant Material Center has maintenance issues that have
plagued the facility for a number of years. To bring the
facilities up to present standards will require sums of money
beyond the normal abilities of the PMC operating budget. There
are safety issues that were part of an OSHA inspection of the
PMC. Other maintenance is necessary to prevent damage to
delicate and expensive equipment and inventories. The roof and
furnace repairs are critical items.
Mr. Bus told of the roof damage that is causing leakage and furnace
maintenance needs. The intent is to acquire funding to take
advantage of the summer construction season.
9:21:21 AM
Senator Bunde asked if the proposed projects would be presented in
the order of priority.
9:21:30 AM
Mr. Bus answered they would.
State Parks Deferred Maintenance
$360,000 General Funds
Reference No.: 38878
Category: Natural Resources
Location: Statewide
Election District: Statewide
Estimated Project Dates: 03/15/2006 - 06/30/2008
On-Going Project
State Parks has identified over $42 million in deferred
maintenance needs. This project will promote the department's
mission of providing outdoor recreational opportunities by
funding deferred maintenance repairs to park units to protect
visitor health and safety by providing safe, clean, and well
maintained units. Projects will upgrade or replace basic
facilities at parks including outhouses, drinking water
systems, trails, fee stations, and camping to keep them from
becoming an urgent health and safety hazard.
Mr. Bus noted that the supporting documentation for this request
lists each proposed project.
9:22:14 AM
Forestry Buildings Repairs to Correct Fire and Life Safety
Deficiencies Phase 3
$100,000 General Fund
Reference No.: 38879
Category: Natural Resources
Location: Statewide
Election District: Statewide
Estimated Project Dates: 03/15/2006 - 06/30/2008
On-Going Project
This project protects State assets by correcting high priority
Building Fire and Life Safety deficiencies identified in the
2002-03 Forestry Building Conditions Survey, and replaces the
dilapidated office trailer in Soldotna. The project ensures
cost-effective management of state structures with a
replacement value exceeding $14 million.
Electrical problems such as properly grounding and bonding
electrical circuits will be corrected. Seismic bracing for
buildings and components will be installed to keep potential
earthquake damage to a minimum. The dilapidated trailer in
Soldotna, used by Forest Technicians will be replaced in order
for staff to meet our mission to develop, enhance, and
conserve natural resources.
Mr. Bus informed that the request is for the third year of this
project.
9:23:02 AM
Johnson Lake State Recreation Site Campground Rehabilitation
$290,000 General Funds
Reference No.: 41421
Category: Natural Resources
Location: Soldotna
Election District: Kenai/Soldotna
Estimated Project Dates: 03/15/2006 - 06/30/2008
One-Time Project
Johnson Lake State Recreation Area's campground is located
within a 332 acre recreation area near mile 111 of the
Sterling Highway and near Kasilof, on the Kenai Peninsula.
This campground is heavily used by families and others engaged
in sport fishing on the nearby Kasilof River or clam digging
at Clam Gulch, several miles away. The oldest section of the
campground was constructed in the 1960's, with the most recent
major rehabilitation done in the early 1980's. It is a much
loved site in dire need of rehabilitation to make it safe,
usable for park visitors using the large motor homes and
trailers of today, and accessible to persons with physical
disabilities.
Mr. Bus stated the funding would be utilized primarily to replace
toilets and picnic tables and resurfacing the access road.
9:23:34 AM
Quartz Lake (and Lost Lake) State Recreation Area Improvements
$203,600 General Funds
Reference No.: 41422
Category: Natural Resources
Location: Delta Junction (Richardson/Glenn Highways)
Election District: Richardson/Glenn Highways
Estimated Project Dates: 03/15/2006 - 06/30/2008
One-Time Project
Quartz Lake State Recreation Area is a 600 acre park ten miles
north of Delta Junction which attracts large crowds due to the
variety of recreational opportunities. At Quartz Lake there
are 16 campsites in the loop and 87 parking and camping sites
in the parking lot. Facilities include two boat launches,
handicap accessible fishing dock, picnic sites, picnic
shelter, swimming area, beach volleyball court, water and
toilets. The project would refurbish the campgrounds by
upgrading roads, parking areas, boat launches, volunteer
housing, and the ranger station as well as improving drainage
to eliminate erosion.
Mr. Bus noted this request is similar to the previous request.
9:23:59 AM
Fort Abercrombie State Historic Park Rehabilitation
$288,000 General Funds
Reference No.: 41423
Category: Natural Resources
Location: Kodiak
Election District: Kodiak
Estimated Project Dates: 03/15/2006 - 06/30/2008
Phased-New Project
Perched on a forested headland on northeastern Kodiak Island,
visitors can explore the remains of an artillery fort which
commemorates the history of World War II in Alaska. There is a
campground, picnic area, freshwater lake, and spectacular
ocean views. Located 3.5 miles from Kodiak, this State
Historic Park is a remnant of a WWII military installation.
Kodiak State Parks Headquarters and Visitor Center are located
here along with 13 campsites in the loop and 23 parking sites.
The project would refurbish the campsites, upgrade the
campground roads, parking areas, boat launches, volunteer
housing, and the ranger station as well as replace kiosks and
improve drainage to eliminate further erosion.
Mr. Bus listed toilets, drinking water and electrical projects, as
being addressed with this funding.
9:24:27 AM
South Eagle Fork Eagle River Trailhead Improvements
$316,000 General Funds
Reference No.: 41496
Category: Natural Resources
Location: Eagle River (Chugach State Park)
Election District: Chugach State Park
Estimated Project Dates: 03/15/2006 - 06/30/2008
One-Time Project
South Fork Trailhead: The existing trailhead is unpaved and
can accommodate ten autos at most. Trailhead counts have shown
as many as 43 cares parked in and near the trailhead on busy
weekends. A series of phone and e-mail complaints from nearby
residents have indicated that neighbors are concerned about
the following issues:
1) Uncontrolled parking on the roadway may prevent easy egress
by construction vehicles, fire trucks, ambulances, and
residents.
2) Driveways may be blocked or used as turnarounds by park
visitors, causing erosion and potholes.
3) Roadside parking takes place on a steeply banked roadside.
4) Winter roadside parking is limited by snowbanks, and a
consequent narrowing of the open roadway.
Mr. Bus characterized this need as an access issue.
9:25:00 AM
House of Wickersham Building Restoration Phase 1
$200,000 General Funds
Reference No.: 41497
Category: Natural Resources
Location: Juneau Areawide
Election District: Juneau Areawide
Estimated Project Dates: 03/15/2006 - 06/30/2008
Phased-New Project
The House of Wickersham project consists of building
restoration which will allow this significant state historic
park to be, once again, open to public. The requested general
funds will provide required match for a FY 03 National Park
Service "Save America's Treasures" grant earmarked to the
Wickersham House by Congress. The first and second floors will
exhibit the Wickersham collection and be used by the public
for meetings and receptions. Site development will improve
storm water drainage and accessibility. The project will
develop and converse a historic park property.
Mr. Bus told of the electrical and plumbing repairs. The foundation
must be replaced. The federal grant is contingent upon an equal
amount of matching funds. Upon completion, the facility would be
open for self-guided tours and the on-going expense of staffing
would be eliminated.
9:26:03 AM
Co-Chair Green asked if fees would be collected.
9:26:07 AM
Mr. Bus affirmed that admission fees would be assessed to pay the
utilities and maintenance costs.
9:26:17 AM
Senator Bunde asked which of the Department's requests were "time
sensitive". He also asked if additional funding requests would be
included in the Governor's proposed FY 07 capital budget.
9:26:41 AM
Mr. Bus responded that the regular FY 07 capital budget would
include no other deferred maintenance funding requests.
9:26:56 AM
Department of Public Safety
Facilities Deferred Maintenance
$800,000 General Funds
Reference No.: 41788
Category: Public Protection
Location: Statewide
Election District: Statewide
Estimated Project Dates: 03/15/2006 - 12/31/2007
On-Going Project
This funding is for facilities maintenance for Department of
Public Safety occupied state-owned buildings throughout
Alaska. Without adequate funding to store evidence, protect
department-owned equipment, and provide employees with good
working conditions, the department cannot meet its mission or
accomplish stated results.
DAN SPENCER, Director, Division of Administrative Services,
Department of Public Safety, testified he would provide an updated
prioritized list of deferred maintenance projects. He deferred to
the Office of the Governor to speak to the inclusion of this item
as a FY 06 supplemental request rather than the regular FY 07
capital budget request. If this entire request were granted, the
Department would submit no future requests for FY 07 because it
would be unable to undertake additional projects during that time.
9:29:04 AM
Department of Transportation and Public Facilities
Co-Chair Green announced she had directed the Department to only
address deferred maintenance project requests.
Airport Deferred Maintenance
$750,000 General Funds
Reference No.: 30633
Category: Transportation
Location: Statewide
Election District: Statewide
Estimated Project Dates: 03/15/2006 - 09/30/2007
On-Going Project
To repair the backlog of maintenance items that cannot be done
through the operating budget funding levels. Typical items are
pavement repairs, lighting repairs, fencing repairs, and bird
and animal controls. This project contributes to the
Department's Mission by reducing injuries, fatalities and
property damage and by improving the mobility of people and
goods.
NANCY SLAGLE, Director, Division of Administrative Services,
Department of Transportation and Public Facilities, explained this
funding would mostly be utilized for brush cutting, some surface
repairs, and seaplane gate replacements. The Department has
identified approximately $12 million in deferred maintenance needs
for rural airports. She listed proposed projects and locations.
9:32:33 AM
Senator Hoffman asked if the Department was aware of the situation
at the Napakiak Airport, which was eroding between 25 and 70 feet
each year and would be lost to the Kuskokwim River in approximately
five years if no action were taken. He asked the Department's plan
to address this.
9:32:50 AM
FRANK RICHARDS, State Maintenance Engineer, Transportation
Management and Security, Office of the Commissioner, Department of
Transportation and Public Facilities testified that erosion along
the Kuskokwim River is a problem. When the Department learns of
situations, it takes action to mitigate the damage.
9:33:55 AM
Senator Hoffman asked how the Department becomes aware of these
occurrences. He requested that the Napakiak situation be
investigated.
9:34:30 AM
Mr. Richards responded that he would review the matter and report
on a plan of action.
9:34:38 AM
Senator Bunde asked if the proposed projects were listed in
priority order.
9:34:44 AM
Ms. Slagle affirmed.
9:34:47 AM
Senator Bunde asked which items were time sensitive.
9:35:13 AM
Ms. Slagle replied that the State's liability for items that do not
function properly to protect the safety of travelers is the
concern.
9:35:35 AM
Highway Deferred Maintenance
$3,000,000 General Funds
Reference No.: 30631
Category: Transportation
Location: Statewide
Election District: Statewide
Estimated Project Dates: 03/15/2006 - 09/30/2007
On-Going Project
The current backlog of deferred maintenance is over $200
million. The program will address some of the needs that
cannot be funded in the operating budget maintenance funds
(M&O--Maintenance & Operations). Typical items are surface and
embankment repairs, drainage culverts and ditch repairs,
guardrail repairs, marking and sign repairs, and brushing.
This project contributes to the Department's Mission by
reducing injuries, fatalities and property damage and by
improving the mobility of people and goods.
Ms. Slagle informed that the prioritized list of deferred
maintenance items is approximately $74 million. Projects undergoing
during this fiscal year include road repairs at Tokotna, the Steese
Highway, Nome, Juneau and Skagway. The requested funds would be
utilized for projects at Soldotna, Taslina, Hatcher Pass, Tok, and
the Thane Road in Juneau.
9:37:35 AM
Facilities Deferred Maintenance and Critical Repairs
$2,000,000 General Funds
Reference No.: 30632
Category: Transportation
Location: Statewide
Election District: Statewide
Estimated Project Dates: 03/15/2006 - 09/30/2007
On-Going Project
To address the most critical deferred maintenance needs at the
Department of Transportation maintained facilities. This
project contributes to the Department's Mission by reducing
injuries, fatalities and property damage and by improving the
mobility of people and goods.
Ms. Slagle reported the Department is responsible for maintaining
approximately 640 buildings. Deferred maintenance needs have been
prioritized, with the replacement of some maintenance stations,
replacing siding and the boiler at the Nome State office building,
replacement of the roof and insulation at the Soldotna maintenance
system listed as highest priorities.
9:39:57 AM
Co-Chair Green understood that funds would not be requested for FY
07 for deferred maintenance projects.
9:40:03 AM
Ms. Slagle replied that no request would be submitted for these
deferred maintenance items.
9:40:14 AM
Co-Chair Wilken noted that the Department of Administration
requested approximately $9 million for deferred maintenance
projects to the facilities it oversees while the Department of
Transportation and Public Facilities requested $2 million. He asked
the calculated total roof sizes of the facilities overseen by each
department for comparison purposes and to possibly justify the
higher funding requested by the Department of Administration.
9:41:11 AM
Ms. Slagle would provide this information, noting the Department of
Transportation and Public Facilities is responsible for over 4
million square feet of building space.
9:41:48 AM
Co-Chair Wilken offered assistance in securing additional funding
if requested.
9:41:58 AM
Ms. Slagle responded that the Department has identified $24 million
of high priority deferred maintenance needs.
9:42:10 AM
Co-Chair Green requested additional explanation on specific
proposed projects.
9:42:30 AM
Ms. Slagle stated that she would provide this.
9:42:35 AM
Harbor Deferred Maintenance
$500,000 General Funds
Reference No.: 7090
Category: Transportation
Location: Statewide
Election District: Statewide
Estimated Project Dates: 03/15/2006 - 09/30/2007
On-Going Project
To address backlogged deferred maintenance for state-owned
harbors. This project contributes to the Department's Mission
by reducing injuries, fatalities and property damage and by
improving the mobility of people and goods.
Ms. Slagle stated that a regular maintenance component has not been
included in the operating budget. Ownership of the harbors
identified for these repairs are unlikely to be transferred to a
local government because no such governments exist in the areas
where the facilities are located. The top priority is the harbor at
Papus Landing near Petersburg. This facility was constructed in
1961 and supporting logs are waterlogged. The logs would be
replaced and the facility would be made accessible under the
Americans With Disabilities Act (ADA) requirements.
9:44:25 AM
Senator Olson noticed the condition of harbors transferred to local
governments has deteriorated. He asked if the Department planned to
assist the local governments to repair and maintain the harbors,
given their importance to the communities.
9:44:52 AM
Ms. Slagle was not aware of a plan of the Departments, although
"potential" legislation was under consideration.
9:45:07 AM
Senator Stedman informed that such legislation was pending. Efforts
were underway with the Department to address the issue of "sinking
funds" established by larger governments. Problems with smaller
governments were different.
9:45:57 AM
Senator Olson asked the appropriation of revenues generated from
marine fuel taxes levied in some locations.
9:46:24 AM
Ms. Slagle replied that the revenues were deposited to the general
fund.
9:46:30 AM
Senator Stedman furthered his comments, emphasizing the need to
reach a consensus with the Murkowski Administration about funding
sources appropriate for use to repair and maintain harbors
transferred from State to local ownership. This issue has yet to be
resolved.
9:47:02 AM
Alaska Marine Highways: Vessel Deferred Maintenance
$1,250,000 General Funds
Reference No.: 42001
Category: Transportation
Location: Statewide
Election District: Statewide
Estimated Project Dates: 03/15/2006 - 09/30/2007
On-Going Project
To repair the backlog of vessel maintenance items that can not
be done through the operating and overhaul budget funding
levels. Vessels have been added, new safety related systems
have been installed, and costs in general have increased.
Typical items that need attention are replacement of fire,
bilge and sprinkling pump systems on our seven oldest vessels.
This project contributes to the Department's Mission by
reducing injuries, fatalities and property damage and by
improving the mobility of people and goods.
Ms. Slagle stated this is a new item. She listed specific projects
that would be undertaken with this funding as replacement of the
fire control system on the M/V LeConte, replacement of the car deck
fire sprinkling system piping on the M/V Tustemena and M/V
Malaspina, refurbishment or replacement of the ventilation fans and
motors on the car deck and through out the vessel passenger areas
on the M/V Tustemena and M/V Matanuska.
9:48:18 AM
Senator Dyson asked if asbestos issues must be addressed.
9:48:24 AM
Ms. Slagle was unsure.
9:48:32 AM
Alaska Marine Highways: Facilities Deferred Maintenance
$1,250,000 General Funds
Reference No.: 42002
Category: Transportation
Location: Statewide
Election District: Statewide
Estimated Project Dates: 03/15/2006 - 09/30/2007
On-Going Project
To repair the backlog of shore facilities maintenance items
that can not be done through the operating and overhaul budget
funding levels. The 18 state-owned shore facilities, from
Homer to Ketchikan, consist of the terminal buildings,
transfer bridges, hydraulic ramps, mooring structures, and
staging areas. Typical items are sand blast and recoat
catwalks, gangways, bridges and pontoons at various terminals.
This project contributes to the Department's Mission by
reducing injuries, fatalities and property damage and by
improving the mobility of people and goods.
Ms. Slagle stated that the original FY 06 capital appropriation for
this item was insufficient to address all the needs.
9:49:40 AM
Co-Chair Green noted a substantial increment appropriated in the
regular FY 06 capital budget and asked if this request was intended
to supplement the funding already received.
9:50:14 AM
Ms. Slagle clarified the initial appropriation was directed to new
or expanded facilities. The deferred maintenance needs included in
this supplemental request are not included.
9:50:30 AM
University of Alaska
Required Renewal and Renovation for Program Delivery
$10,000,000 General Funds
Reference No.: 41500
Category: University
Location: Statewide
Election District: Statewide
Estimated Project Dates: 03/15/2006 - 06/30/2011
Phased-New Project
This request will provide the necessary funding to renew and
renovate the facilities needed to deliver programs at the
University's main and community campuses. These projects will
support the university in its goal to increase the number of
graduates in Alaska high demand degree programs.
PAT PITNEY, Director of Budget Development and Institutional
Planning, University of Alaska, testified to the importance of
putting the request included in this bill in perspective with the
Board of Regent's request because it represents only a portion of
the total. She noted information distributed to members [copy on
file.]
9:51:29 AM
Ms. Pitney made a statement as follows.
The Board of Regents clearly stated their highest priority for
capital funding for this year to be maintaining existing
facilities. That request that the Board of Regents made to the
Governor totaled $98 million. That's $98 million of a total
deferred maintenance renewal and replacement need of $440
million at the University.
Ms. Pitney directed attention to a page in the distributed
information titled, "University of Alaska - Facilities Fact Sheet".
The University has 379 facilities, of which almost 60 percent are
more than 30 years old. The gross square footage of these
facilities is almost 6 million and the value of the facilities is
$1.4 billion. The annual renewal and replacement for these
facilities is approximately $45 million a year. However, over the
past seven years an average of $7 million has been appropriated. As
a result an accumulated backlog in deferred maintenance needs has
occurred. Of the identified deferred maintenance needs, $400
million is necessary to address this backlog. This realization
prompted the Board of Regent's decision to give deferred
maintenance the highest priority.
Ms. Pitney stated that the total Board of Regents' request is
included in SB 231, the Governor's FY 07 proposed capital budget.
She referenced the page titled, "University of Alaska, FY 07
Capital Budget Request Introduction", which lists $8.6 million for
"Addressing Critical Building Deficiencies", $8.6 million for code
compliance at the main campuses, $2.2 million for code compliance
at community campuses, and funding for required renewal and
renovation for program delivery as some of the funding requests. In
addition, the proposed FY 06 supplemental capital appropriation
legislation requests $10.2 million for the required renewal and
program delivery.
Ms. Pitney highlighted the proposed remodel of the Dental Clinic,
which is outdated. The Clinic has an almost 100 percent graduation
and employment rate.
Ms. Pitney also spoke to the proposed UAA Community Campus Science
Lab Renewal, a project that is vital for those students to meet
core requirements.
Ms. Pitney described other proposed projects, noting that although
they don't qualify as "leaky pipe" priorities, their importance is
of no lesser significance.
9:57:56 AM
Senator Bunde noted the intent that the University would determine
which projects it undertakes after funding was appropriated. The
projects should be determined beforehand.
9:58:28 AM
Ms. Pitney stated she would provide information indicating which
projects would be addressed, although the intent is to undertake
all the proposed projects.
9:58:39 AM
Senator Bunde asked why some requests are included in the FY 06
supplemental appropriation legislation and others in the FY 07
regular capital appropriation legislation.
Ms. Pitney responded that this was the Governor's decision.
9:59:22 AM
Senator Hoffman asked when the requests were last submitted.
9:59:53 AM
Ms. Pitney replied that the projects specified in this request
represent a small portion of the total needs. The detailed budget
proposal released by the Board of Regents, commonly referred to as
the Red Book, contains the complete list.
10:00:54 AM
Senator Hoffman asked whether each rural campus would agree that
they had been contacted to determine all their needs.
10:01:06 AM
Ms. Pitney affirmed and outlined the process in which the
chancellor of each campus submits requests, which are then
prioritized to identify the highest needs.
10:02:03 AM
Senator Hoffman commented to the few rural campuses addressed in
this proposal. He questioned whether they were "out of sight, out
of mind".
10:02:21 AM
Senator Olson asked the status of aviation programs and whether
they were included in this funding request.
10:02:27 AM
Ms. Pitney replied that they were not.
10:02:40 AM
Senator Olson asked if the ERA Aviation facility was still owned by
the University.
10:02:44 AM
Ms. Pitney affirmed the University has ownership of the facility.
10:02:51 AM
Alaska Court System
Court Security Projects
$750,00 General Funds
Reference No.: 41588
Category: Law and Justice
Location: Statewide
Election District: Statewide
Estimated Project Dates: 03/15/2006 - 06/30/2010
On-Going Project
Address the most critical needs for security system
replacement.
DOUG WOOLIVER, Administrative Attorney, Office of the
Administrative Director, Alaska Court System, told of the immediate
needs of the Anchorage courthouses. Several systems have failed
completely. One system was repaired but is at risk of failing
again. The original equipment is no longer manufactured or
serviced. These needs must be addressed within the next couple of
weeks.
10:04:12 AM
Building Equipment and Systems Replacement to Extend Life of
Facilities
$400,000 General Funds
Reference No.: 41589
Category: Law and Justice
Location: Statewide
Election District: Statewide
Estimated Project Dates: 03/15/2006 - 06/30/2011
Phased-New Project
Replace major components in court buildings where replacement
of components cannot be covered with annual maintenance funds.
Mr. Wooliver informed that the fire system at the Palmer courthouse
no longer complies with safety codes. Pipes at the Anchorage
courthouse are exploding. An offsite storage facility requires
heating systems maintenance.
Mr. Wooliver emphasized that each request represents the highest
priority critical needs.
10:05:26 AM
Senator Bunde asked if the identified needs include the new
building located in Anchorage.
10:05:41 AM
Mr. Wooliver affirmed, noting the facility is ten years old.
10:05:51 AM
Senator Bunde ascertained that the State often purchases equipment
and products that fail before their anticipated lifespan and that
the manufacturers are not held responsible for providing warranty
coverage. He asked if this applies to these identified projects.
Mr. Wooliver thought such action was pursued but would research the
matter.
AT EASE 10:06:24 AM
10:08:20 AM
CS FOR SENATE BILL NO. 218(JUD)
"An Act relating to sex offenders; relating to reporting of
sex offenders and child kidnappers; relating to periodic
polygraph examinations for sex offenders released on probation
or parole; relating to sexual abuse of a minor; relating to
sentencing for sex offenders and habitual criminals; and
providing for an effective date."
This was the second hearing for this bill in the Senate Finance
Committee.
Senator Bunde, sponsor of the bill, relayed a media report of an
Internet sting operation in the state of California in which over
60 perpetrators were arrested after attempting to meet in person
someone who they thought to be a 13 year-old boy or girl. The
majority of those arrested were found to be repeat sexual assault
offenders. Advances in technology have facilitated the perpetration
of these crimes and the timing of this legislation is critical to
address the situation.
Senator Bunde utilized the California example as proof of the
willingness of sexual assault offenders to re-offend. This
challenges the argument that the offenders are "misunderstood"
individuals who must be given special consideration.
Senator Bunde moved for adoption of CS SB 218, 24-LS1307\P as a
working document.
Co-Chair Green objected for an explanation.
10:11:36 AM
Senator Bunde cited language on page 3, lines 3 through 6 that
would allow for attorney client privilege as a defense if an
attorney had knowledge that his or her client has failed to
register as a sex offender.
10:12:13 AM
Senator Bunde noted language inserted on page 7, line 30 and page
8, lines 10 and 11 would provide that all sex offenders must
register. He told about a constituent investigating the registry
and discovering that over 200 registered sex offenders resided in
the same area as the constituent.
10:13:28 AM
Senator Bunde then directed attention to language inserted to page
10 lines 14 and 15 that would extend the provision requiring
polygraph examinations of sex offenders on probation or parole to
include "offenses committed before, on, or after the effective date
of this Act."
10:13:58 AM
Co-Chair Green withdrew her objection to the adoption of the
committee substitute.
Without further objection, CS SB 218, 24-LS1307\P, was ADOPTED as a
working document.
10:14:29 AM
JAMES HELGOE, Lieutenant, Alaska State Troopers, Department of
Public Safety, testified via teleconference from an offnet location
that he was available to respond to questions.
10:15:19 AM
GALEN PAINE, Defense Attorney, testified via teleconference from
Sitka, to urge the Committee to not rely on anecdotal evidence but
rather to consider the effect of increased penalties and understand
the core of the issue, which is the crimes of sexual offense.
Efforts on preventing these crimes should be increased and
punishment alone should not be relied upon to address the issue.
Ms. Paine pointed to historical data, noting that ten to 15 years
ago, sentences for these offenses were considerably lighter and
have been increasing steadily since. However, the number of sexual
assault offenses has increased as well. She suggested the
legislature allow time for the latest sentencing increases to be in
effect before making additional statutory changes.
Ms. Paine informed that the number of incarcerated Alaska Natives
would also increase. More people in total would be incarcerated at
a significant expense to the State. Some of those funds should
instead be utilized for prevention and alcohol abuse treatment
programs.
Ms. Paine examined the people this legislation is intended to
address: sexual predators. However, other people are guilty of
sexual offenses and this bill would "rush them to jail".
Ms. Paine told of a 19-year-old high school freshman student in a
small village near Bethel who had dated a 15-year-old girl with the
full knowledge of both sets of parents. The man, whom Ms. Paine
represented, was of limited intelligence and the girl was
intellectually more mature than he. The relationship was reported
to authorities, the man was convicted and he faced a ten to 15-year
jail sentence. The sentence was never meted out because the man
committed suicide before the sentencing hearing was held. He had
not known he was doing anything wrong. Out of shame that he felt
for himself and thought he had inflicted on his family and
girlfriend, he ended his life.
10:20:49 AM
Senator Dyson indicated he likely had less experience in dealing
with sexual abuse situations, although he had more than he would
prefer. He agreed that all child molesters are not the same and
understood the witness to assert that all offenders should not be
considered in a "blanket way". He asked if the witness had data to
suggest that a certain subset of child molesters are not likely to
re-offend.
10:21:40 AM
Ms. Paine did not know of any particular study. Although she
cautioned against anecdotal evidence, her experience has been that
most high school students who are convicted because of sexual
conduct with a girl they are dating who is three years younger than
they, are likely to never re-offend. In addition some alcohol-
related offenses are not likely to be repeated.
10:22:43 AM
Senator Dyson clarified that because no evidence exists to
demonstrate whether some offenders would be less likely to commit
sexual assault again, this bill should not be adopted into law.
10:23:01 AM
Ms. Paine corrected that she herself did not have this data.
However, the Department of Law has access to evidence showing the
probabilities. She also understood that a letter was submitted to
the Committee from another source that detailed studies related to
recidivism rates of sex offenders.
10:23:21 AM
STACY WALKER, Attorney, testified via teleconference from Anchorage
and gave her varied background in the legal profession. She opposed
the provision in the bill that would establish mandatory minimum
sentences for first time offenders. She emphasized her concern did
not pertain to the sexual predators Senator Bunde referred to, but
rather to the need for judicial officers to have discretion in
cases with differing circumstances.
Ms. Walker described an instance in which she was sexually
assaulted by a taxi driver and told about situations when she was a
teenager with dates who made sexual advances. Although she did not
give consent in any of these incidences, they were not "life
defining" situations either. However, she learned to be more
cautious in future encounters.
Ms. Walker recalled that as a public defender, most cases she
handled involved parties who knew each other and "things got out of
hand." She expressed concern with imposing mandatory minimum
sentences in cases in which the man misunderstood the situation or
the woman did not clarify her lack of consent.
Ms. Walker spoke about her service in the U.S. Air Force as a Judge
Advocate General (JAG). Many cases of alleged sexual assault with
insufficient evidence and significant probable cause were taken to
trial as a result of media attention and public outcry. In most
instances the jury performed as it should and passed fair judgment;
however sometimes the jury did not.
Ms. Walker stressed that the judges should decide the appropriate
sentences.
10:29:37 AM
Co-Chair Green announced the closure of public testimony on this
legislation.
10:29:47 AM
Senator Bunde contended that when a person is arrested for sexual
assault it is usually after a long period of this behavior, as many
cases go unreported. Society has responsibility to set standards
and one way to change behavior is with long prison sentences. A
person would know to make the status of a relationship very clear
because of the consequences of misinterpretation. Alcohol treatment
programs and sex offender treatment programs in Alaska are
ineffective. Personal responsibility must be taken.
Senator Bunde stated that juries usually do well in rendering
verdicts, although he admitted that in some cases they do not. Gray
areas would exist. However, the number of cases in which the guilty
party was convicted would justify the risk of such mistakes.
10:32:56 AM
Senator Stedman contended that opposition to long sentences for
second and third offences would be a difficult position to justify.
However, more judicial discretion should be allowed for cases
involving first offences of lesser charges. The results of
increased sentences mandated by other recently enacted legislation
should be monitored before additional increases are made. He was
"uncomfortable with this direction" and suggested that the impacts
should be considered.
10:34:28 AM
Co-Chair Green asked if Senator Stedman intended to offer an
amendment to address this concern.
10:34:32 AM
Senator Stedman indicated he would not object to reporting this
bill from Committee, although he would give it no recommendation.
He supported changing the minimum sentencing for a Class C felony
of sexual assault. He was not concerned with the proposed
sentencing requirements for the greater offenses. Judges should be
given flexibility to address some of the issues related to these
charges.
10:35:24 AM
Senator Hoffman pointed out that as a co-sponsor of this
legislation, he deemed sexual assault to be a serious matter.
However, he agreed with Senator Stedman's argument that discretion
should provided in situations involving first time offenders.
10:35:46 AM
Senator Dyson did not share the prime sponsor's contention that
treatment programs for sexual offenders are ineffective. He told of
residents at the Highland Mountain correctional facility who
participated in a treatment program and had success. The program
was dismantled, wrongly in his opinion.
Senator Dyson was told that one type of sexual assault offender
that likely could be rehabilitated was one who molested his own
children. This crime is "particularly heinous." Other types of
offenders would be more likely to re-offend and not respond to
treatment.
Senator Dyson expressed his intent to vote for passage of this bill
from Committee and to prepare an amendment to be offered before the
full Senate to address first time offenses.
10:37:43 AM
Co-Chair Green cited data she had regarding the treatment program
formerly offered at the Highland facility concluded that only five
percent of participants completed the entire program.
AT EASE 10:38:05 AM
10:38:19 AM
Amendment #1: This amendment deletes "three" and inserts "one" to
subparagraph (A) of AS 12.55.125(i)(4) amended in Section 4 on page
5, line 27. The amended language reads as follows.
(A) if the offense is a first felony
conviction, one to 12 [ONE TO TWO] years;
New Text Underlined [DELETED TEXT BRACKETED]
Senator Stedman offered a motion to adopt the amendment to reduce
the mandatory minimum sentence for first time offenses of sexual
assault in the third degree, incest, indecent exposure in the first
degree, possession of child pornography, or attempt, conspiracy, or
solicitation to commit sexual assault in the second degree, sexual
abuse of a minor in the second degree, unlawful exploitation of a
minor, or distribution of child pornography.
10:38:56 AM
Co-Chair Green objected for discussion purposes.
10:39:10 AM
Senator Bunde remarked that as an individual, he should pay
attention to his actions and the consequences of those actions. If
he were to violate the law, he would know he was required to "pay
the price".
Senator Bunde acknowledged the challenge in establishing minimum
sentencing. The length of the sentences is a judgment call for the
legislature to make. Regardless of the length of the mandated
sentences, the danger would exist that some offenders should be
incarcerated longer than provided and that other offenders would be
incarcerated who should not be. Given the risks, he chose to error
on the side of being more restrictive.
10:41:45 AM
PORTIA PARKER, Deputy Commissioner, Department of Corrections,
testified that the Department has no position on the amendment. She
noted that more sexual assaults are being reported than in previous
years.
10:45:02 AM
SUSAN PARKS, Deputy Attorney General, Criminal Division, Department
of Law, testified that the amendment requires a policy call for the
legislature. The Department has supported a wider sentencing range
of minimum sentencing to account for different circumstances. This
could result in disparate sentencing because judges have differing
opinions on right and wrong. She suggested extending the maximum
sentence, currently in statute as two years and not changing the
current minimum sentence of one year.
10:46:51 AM
Senator Hoffman pointed out that the sentencing ranges for the more
serious offenses would be greater than for the lesser crimes and
therefore this amendment would not be in contradiction to the
intent of the bill. He spoke to Senator Bunde's comment, noting
that potential offenders would still risk the possibility of 12
years in prison.
10:48:31 AM
Senator Bunde suggested prosecutorial discretion would be
available. In many instances, prosecutors might chose to not file
charges. He would not object to the adoption of the amendment if it
would provide assurances and acceptance of the entire bill.
10:49:17 AM
Senator Dyson stated he would support a minimum sentence of two
years, but could not support a one-year minimum.
Senator Dyson agreed with Co-Chair Green's assessment of the
treatment program at the Highland facility. However, the success
rate for those participants who completed the program was good. The
program was rigorous and many dropped out before completion.
10:49:54 AM
Co-Chair Green withdrew her objection to the adoption of the
amendment.
10:50:08 AM
Senator Dyson objected.
10:50:11 AM
A roll call was taken on the motion.
IN FAVOR: Senator Stedman, Senator Bunde, Senator Hoffman, Senator
Olson, Co-Chair Wilken and Co-Chair Green
OPPOSED: Senator Dyson
The motion PASSED (6-1)
The amendment was ADOPTED.
10:50:44 AM
Senator Bunde offered a motion to report CS SB 218, 24-LS1307\P, as
amended from Committee with individual recommendations and new and
accompanying fiscal notes.
There was no objection and CS SB 218 (FIN) MOVED from Committee
with zero fiscal note #1 from the Department of Public Safety,
indeterminate fiscal note #4 from the Department of Law, a
indeterminate fiscal note dated 1/26/06 from the Alaska Court
System, an indeterminate fiscal note dated 1/28/06 from the
Department of Administration, a zero fiscal note dated 1/26/06 from
the Department of Corrections, Institutional Facilities Results
Delivery Unit (RDU), a zero fiscal note dated 1/30/06 from the
Department of Corrections, Probation and Parole RDU, and a zero
fiscal note dated 2/01/06 from the Department of Corrections,
Administrative Services and Support RDU.
AT EASE 10:50:59 AM
10:51:34 AM
CS FOR HOUSE BILL NO. 243(FIN)
"An Act relating to the financial plan for the intertie
between the Swan Lake and Tyee Lake hydroelectric projects;
and providing for an effective date."
This was the first hearing for this bill in the Senate Finance
Committee.
Co-Chair Green announced that testimony would be taken on this bill
at this time to accommodate a witness' travel arrangements.
However, full consideration of the legislation would be given at a
future hearing.
10:51:41 AM
DAVE CARLSON, Chief Executive Officer, Four Dam Pool Power Agency,
testified that the Agency supports this legislation that would
extend the $5 million "intertie credit" for the construction of the
Swan and Tyee lakes intertie in Southeast Alaska.
10:52:57 AM
Senator Bunde asked the number of "groups that are supporting this
and that are in the power business."
10:53:13 AM
Mr. Carlson replied that the Four Dam Pool includes the Kodiak
Electric Association, Copper Valley Electric Association and the
cities of Wrangell, Petersburg and Ketchikan. The Alaska Energy
Association (AEA) supports this legislation. He had heard of no
opposition.
10:53:51 AM
RON MILLER, Executive Director, Alaska Energy Association,
testified via teleconference from Anchorage in support of the bill.
10:54:08 AM
Co-Chair Green asked if the AEA was aware of any opposition to this
legislation.
10:54:11 AM
Mr. Miller was not.
10:54:18 AM
BRIAN BJORKQUIST, Senior Assistant Attorney General, Labor and
State Affairs Section, Civil Division, Department of Law, testified
via teleconference from Anchorage that he was available to answer
questions.
10:54:29 AM
SARA FISHER GOAD, Alaska Energy Association, testified via
teleconference from Anchorage that she was also available to answer
questions.
Co-Chair Green ordered the bill HELD in Committee.
ADJOURNMENT
Co-Chair Lyda Green adjourned the meeting at 10:55:14 AM
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