Legislature(2007 - 2008)BELTZ 211

01/24/2008 09:00 AM Senate STATE AFFAIRS


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09:05:25 AM Start
09:06:07 AM SB223
09:57:20 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 223 G.O. BONDS FOR CRIME LAB TELECONFERENCED
Heard & Held
+ HB 101 UNIFORM TRAFFIC LAWS TELECONFERENCED
<Bill Hearing Postponed>
                SB 223-G.O. BONDS FOR CRIME LAB                                                                               
                                                                                                                                
CHAIR MCGUIRE announced the consideration of SB 223.                                                                            
                                                                                                                                
9:06:07 AM                                                                                                                    
JOHN  GLASS, Deputy  Commissioner, Department  of Public  Safety,                                                               
Anchorage, said Alaska's current crime  lab was built in 1986 for                                                               
6 scientists and  support staff. Currently there  are 41 workers.                                                               
The  lab  is   compressed  and  woefully  lacking   in  room  for                                                               
scientists  and for  storage. In  2006, the  legislature provided                                                               
$4.9 million  to study a new  location, and a 15.3-acre  plot was                                                               
found on Tudor Road in  Anchorage. Contract negotiations for that                                                               
acreage  are ongoing.  The bill  calls for  an 83,000-square-foot                                                               
building. Only 50,000 square feet  is needed today, but Mr. Glass                                                               
wants a  building that  can last  40 years and  is able  to house                                                               
whatever future science the state needs.                                                                                        
                                                                                                                                
MR. GLASS  said the  lab is designed  to allow  future expansion.                                                               
The current  crime lab cannot  be expanded and is  inadequate for                                                               
modern  forensic tests.  The lab  services all  municipalities in                                                               
Alaska and the state troopers. He showed photos of it.                                                                          
                                                                                                                                
9:11:44 AM                                                                                                                    
MR. GLASS said  the lab's freezers came from a  surplus sale. The                                                               
lab  receives about  1,000  DNA  samples per  month.  There is  a                                                               
garage for processing  large items like vehicles, but  it is full                                                               
of  other things.  There are  five DNA  analysts. He  pointed out                                                               
that contamination is a key issue.                                                                                              
                                                                                                                                
9:14:31 AM                                                                                                                    
SENATOR BUNDE  said a colleague  told him  that it would  be more                                                               
economical to expand the current lab.                                                                                           
                                                                                                                                
MR. GLASS said  the present foot print of the  lab does not allow                                                               
for  expansion.  The ventilation  system  is  inadequate for  the                                                               
tests the  lab is doing. The  building is hot, and  noxious fumes                                                               
are a  hazard. It is a  secure facility so the  windows cannot be                                                               
opened. He showed a map and design of the new location.                                                                         
                                                                                                                                
9:16:57 AM                                                                                                                    
SENATOR FRENCH  asked where the  new lab  will be built  and what                                                               
the plan is for the old building.                                                                                               
                                                                                                                                
MR. GLASS  said the  new lab  will be  near the  Anchorage Police                                                               
Department  and  across  from the  Alaska  Native  Hospital.  The                                                               
department would like to turn the  old lab into office space. The                                                               
Tudor  Road headquarters  needs space.  He wants  to put  the ABC                                                               
board,  sexual  offender  registration, "I.T.  people,"  and  one                                                               
investigative group in the old lab.  There will be an increase in                                                               
foot traffic  because of  the new  sexual offender  law. It  is a                                                               
secure building, so it will be suitable for that.                                                                               
                                                                                                                                
9:18:54 AM                                                                                                                    
SENATOR  FRENCH said  the  current needs  are  for 50,000  square                                                               
feet, and the  building will be 83,000 square  feet. He expressed                                                               
concern  that $100  million is  a lot  of money,  even though  he                                                               
wants the state  to have every resource it needs  to fight crime.                                                               
His high school  needs help; other entities need  money. He asked                                                               
what the plan is for the extra space.                                                                                           
                                                                                                                                
MR.  GLASS said  he  doesn't know  what will  be  done with  that                                                               
space.  He wants  to have  room  for expansion.  It is  a lot  of                                                               
money,  but  he wants  something  to  last  40  years and  to  be                                                               
prepared for  new science. "I  would rather build for  the future                                                               
than be in the situation we are today."                                                                                         
                                                                                                                                
9:21:29 AM                                                                                                                    
JAMES  M.  (MATT)  TANAKA,  Crime  Lab  Project  Manager,  Alaska                                                               
Department  of Transportation  and Public  Facilities, Anchorage,                                                               
said a  nationally-recognized expert reviewed the  forensic needs                                                               
of  the state.  The  83,000 square  feet  will accommodate  those                                                               
needs  through  2020. It  will  take  four  years to  finish  the                                                               
project. Designing  for the  current need  will be  inadequate by                                                               
the time the building is ready.  He is basing the $100 million on                                                               
other new labs, including Alaska's health lab and virology lab.                                                                 
                                                                                                                                
9:23:48 AM                                                                                                                    
SENATOR  FRENCH said  Mr. Tanaka  is his  ski buddy.  He surmised                                                               
that the  building would be designed  to be able to  add a layer.                                                               
He asked how many floors can be added if needed.                                                                                
                                                                                                                                
MR. TANAKA  said over  two stories  is not  allowed on  the south                                                               
side  of  Tudor Road.  At  the  new  site,  the building  can  be                                                               
expanded laterally. It  will be oriented to do that.  It is sized                                                               
for 2020  and can be enlarged  later. The new building  cannot go                                                               
above two stories.                                                                                                              
                                                                                                                                
9:26:23 AM                                                                                                                    
SENATOR BUNDE  said he  has similar  concerns, and  he questioned                                                               
the success of  bonds in Anchorage. He asked  if construction can                                                               
be done in stages or if it is an all-or-nothing proposition.                                                                    
                                                                                                                                
MR. TANAKA said it is possible, but  in this case it would not be                                                               
economic. It  will cost much more  to split the project  into two                                                               
phases because it  needs to be laid out  programmatically. To add                                                               
on would  be inefficient. It  would be  like adding a  bedroom to                                                               
the other side of your garage. It is sized for the year 2020.                                                                   
                                                                                                                                
SENATOR BUNDE surmised the 50,000-foot  lab would be adequate for                                                               
the near future, and 80,000 square feet would be needed in 2020.                                                                
                                                                                                                                
9:29:01 AM                                                                                                                    
MR.  TANAKA said  by  the time  it is  complete  in 2012,  50,000                                                               
square  feet  will  nearly  be  inadequate.  It  would  be  fully                                                               
consumed over the remaining 12 years of its life.                                                                               
                                                                                                                                
SENATOR BUNDE  suggested he refer  to the footprint that  the lab                                                               
will need  when it moves in,  not what is needed  today, in order                                                               
to not give the impression that the building is excessive.                                                                      
                                                                                                                                
9:30:07 AM                                                                                                                    
SENATOR  GREEN  said  she  assumes   the  building  includes  all                                                               
equipment,  which  would  be  more  expensive  than  building  an                                                               
office. Much of the $100 million will go into the equipment.                                                                    
                                                                                                                                
MR. TANAKA said that  is true. This is the third  lab that he has                                                               
managed.  Labs  are  inherently expensive,  especially  a  public                                                               
safety lab, which is mechanically and architecturally complex.                                                                  
                                                                                                                                
9:32:13 AM                                                                                                                    
CHAIR MCGUIRE  said the  retired troopers put  on a  very popular                                                               
DNA  information session  for the  public. She  asked if  the lab                                                               
will have teaching space for  the staff and the public. Educating                                                               
the community on how law enforcement solves crime is good.                                                                      
                                                                                                                                
MR. TANAKA  said there  is a  lab classroom.  As the  building is                                                               
expanded, there are opportunities to accommodate.                                                                               
                                                                                                                                
MR.  GLASS said  there  is a  classroom in  the  present lab  for                                                               
teaching  law enforcement  officers about  toxicology and  breath                                                               
samples, for example. There is one in the new plan, too.                                                                        
                                                                                                                                
9:34:32 AM                                                                                                                    
CHAIR MCGUIRE asked for maps and plans for the committee.                                                                       
                                                                                                                                
SENATOR FRENCH wants  to know why bonding is  proposed instead of                                                               
using general funds.                                                                                                            
                                                                                                                                
CHAIR MCGUIRE said  the committee supports the crime  lab and has                                                               
gotten more  technicians for it. She  is "hoping to get  that DNA                                                               
backlog as a  result of the DNA expansion that  Senator Bunde and                                                               
others have worked on." She hopes the voters support the lab.                                                                   
                                                                                                                                
9:36:31 AM                                                                                                                    
SENATOR BUNDE said  he doesn't have a lot of  confidence that the                                                               
voters will  pass this, and he  asked about a backup  plan if the                                                               
bonds do not pass.                                                                                                              
                                                                                                                                
MR. GLASS  said he doesn't  have a backup,  but a delay  will add                                                               
about  $10 million  per year.  The public  needs to  be convinced                                                               
that the lab is needed for the benefit of the citizens.                                                                         
                                                                                                                                
SENATOR BUNDE said he wants  an adequate crime lab. He encouraged                                                               
him to think  about doing it in stages. "If  that doesn't work --                                                               
and I  know that it  will cost more in  the future -  we probably                                                               
should then  have some  thoughts about stepping  up and  doing it                                                               
out of [general funds]."                                                                                                        
                                                                                                                                
9:38:31 AM                                                                                                                    
CHAIR MCGUIRE said  that would be good to  think about. Something                                                               
bad might  happen, "because I've been  over to the crime  lab and                                                               
it's just overwhelming … the lack  of space that you have and the                                                               
kinds of  things you're trying  to do."  The time is  now. Voters                                                               
can be conservative. Schools in need were voted down, she said.                                                                 
                                                                                                                                
MR. GLASS said  the lab director is educating  the public. Things                                                               
like the "CSI" camps for children help sell the lab.                                                                            
                                                                                                                                
9:40:11 AM                                                                                                                    
BRIAN ANDREWS, Deputy Commissioner,  Department of Revenue (DOR),                                                               
said  it  is the  lowest  interest  environment  in 20  years.  A                                                               
general obligation bond  would have an interest  structure of 4.5                                                               
to 5.2  percent -- very low.  The rates may even  decline. A bond                                                               
will be cheap, but there are  no costs associated with taking the                                                               
money from  the general fund.  However, the state has  about $8.6                                                               
billion in  liability from the pension  fund with a cost  of 8.25                                                               
percent, "so  you might  take that  $100 million  and …  pay down                                                               
that  higher expense."  Although it  is an  allusive figure,  the                                                               
state debt probably won't affect the state credit rating.                                                                       
                                                                                                                                
9:42:40 AM                                                                                                                    
SENATOR BUNDE said  he wants a crime lab, but  many people in his                                                               
district won't  go into  debt if  they have  the cash.  The long-                                                               
range interest  rate may decline  in a recession,  but investment                                                               
income may also  go down, so it may balance  each other. He asked                                                               
what it  would take to get  a net zero in  long-term investment -                                                               
"how much  money would we have  to have invested at  what rate so                                                               
that the  bonding is  a wise  thing to  do that  actually doesn't                                                               
cost the state money," and might even earn some.                                                                                
                                                                                                                                
MR.  ANDREWS said  that is  difficult to  say. But,  for example,                                                               
with  $100 million  invested,  "historically,  on average,  we've                                                               
made  about   9.25/9.5  percent   off  the   retirement  system."                                                               
Retirement  systems are  invested  conservatively. "Depending  on                                                               
the risk  profile of  the portfolio  that we would  look to  … to                                                               
arbitrate out the  cost of the debt, maybe $75  million" over the                                                               
same 30-year  period. It  depends on  earnings results,  which is                                                               
difficult to speak to.                                                                                                          
                                                                                                                                
SENATOR BUNDE suggested that if  the state was just beginning the                                                               
project last week, "we would probably be discouraged."                                                                          
                                                                                                                                
MR. ANDREWS said, "That's absolutely correct."                                                                                  
                                                                                                                                
9:45:32 AM                                                                                                                    
SENATOR FRENCH asked about the level of indebtedness now.                                                                       
                                                                                                                                
DEVON  MITCHELL, Debt  Manager, Department  of Revenue,  said the                                                               
state has  about [$350]  million in bonds  now. The  state hasn't                                                               
used general  obligation bonds much;  the last issuance  prior to                                                               
2003 was 1983.                                                                                                                  
                                                                                                                                
SENATOR  BUNDE said  the crime  lab is  important. The  bond will                                                               
work for  the public if  the legislature puts "enough  money away                                                               
and  leaves  it there."  He  said  the  guarantee can't  be  made                                                               
constitutionally, but  "we can agree  to do  this; it will  … put                                                               
this money away  for 30 years." A future legislature  can use the                                                               
money and the state is on the hook for all the debt service.                                                                    
                                                                                                                                
SENATOR BUNDE proposed Amendment  1, labeled 25-GS2043\A.1, Cook,                                                               
as follows:                                                                                                                     
                                                                                                                                
     Page 3, line 21:                                                                                                           
          Delete all material and insert:                                                                                       
     "*Sec. 8. This  Act takes effect on  the effective date                                                                    
     of  an Act  enacted  by the  Twenty-Fifth Alaska  State                                                                    
     Legislature that appropriates  at least $100,000,000 to                                                                    
     the   budget   reserve   fund  (art.   IX,   sec.   17,                                                                    
     Constitution of the State of Alaska)."                                                                                     
                                                                                                                                
SENATOR BUNDE  said it would  let the  public know that  there is                                                               
money put  away, at  least initially. The  public would  know "we                                                               
were serious  about this, that we  aren't going to bond  and then                                                               
say, 'Oh King's X,' we're going to spend all that money anyway."                                                                
                                                                                                                                
9:48:01 AM                                                                                                                    
MR.  MITCHELL said  he hasn't  seen the  amendment but  cautioned                                                               
that  there   are  internal  codes  that   prohibit  "transferred                                                               
proceeds, where  you take money and  invest it in a  taxable type                                                               
of vehicle  while it is pledged  to the repayment of  the bonds."                                                               
It's OK  to make a  deposit into the CBRF  [Constitutional Budget                                                               
Reserve  Fund], for  example, and  available  for investment  and                                                               
other  purposes such  as  paying  for some  or  all  of the  debt                                                               
service. One has to be careful, he said.                                                                                        
                                                                                                                                
SENATOR BUNDE  said the  amendment calls for  a deposit  into the                                                               
CBRF that is available for  appropriation, but with strong intent                                                               
language  that  the  legislature  is serious  about  making  this                                                               
investment pay. It makes bonding a logical way to go.                                                                           
                                                                                                                                
CHAIR MCGUIRE asked for an opinion on the amendment.                                                                            
                                                                                                                                
9:49:32 AM                                                                                                                    
MR. MITCHELL suggested advice from the state's bond counsel.                                                                    
                                                                                                                                
SENATOR  FRENCH  said he  would  want  legal advice.  "We're  all                                                               
committed to  saving a  bunch of money  this session."  Much more                                                               
than that  will likely be deposited  in the CBRF. He  agrees that                                                               
money should be put away, but it will be done more globally.                                                                    
                                                                                                                                
9:50:20 AM                                                                                                                    
SENATOR BUNDE said he can hold back on his amendment.                                                                           
                                                                                                                                
CHAIR  MCGUIRE said  she wanted  to move  SB 223  to the  finance                                                               
committee, but she'll hold it so DOR can look at the amendment.                                                                 
                                                                                                                                
SENATOR BUNDE  said he hopes the  state will be saving  on a more                                                               
global basis, but if this mechanism  was attached to the bill and                                                               
it goes out to the public, it will strengthen its passage.                                                                      
                                                                                                                                
CHAIR MCGUIRE  said there is  general trepidation  about finances                                                               
throughout Alaska  -- and the nation.  But there is a  surplus in                                                               
the budget  because of  high oil prices.  There is  confusion and                                                               
nervousness  by  voters  about  the  future  and  committing  the                                                               
state's  resources with  a  bond, instead  of  using the  surplus                                                               
money. People  will be able  to understand what Senator  Bunde is                                                               
suggesting.  She asked  what the  interest  rate is  on the  $350                                                               
million of current general obligation bond debt.                                                                                
                                                                                                                                
9:52:44 AM                                                                                                                    
MR. MITCHELL  said it is 2003  debt, so there were  two series of                                                               
bonds, one for transportation, "which  was Garvey-eligible, so we                                                               
can  use federal  highway  funds to  pay a  portion  of the  debt                                                               
service."  There was  also accelerated  transportation for  state                                                               
projects at  $102 million. There  were educational  projects, and                                                               
those interest rates  had a substantial premium that  was used to                                                               
pay debt  service, "so they  have a coupon  that is a  little bit                                                               
higher - it  might be around 5 percent," but  the actual interest                                                               
the  state  is paying  is  less  because  it received  about  $30                                                               
million over the par amount of the bonds when they were sold.                                                                   
                                                                                                                                
9:53:42 AM                                                                                                                    
SENATOR GREEN  asked about the  start time  for the lab  with the                                                               
two funding mechanisms. "What is the lag time with G.O. bonds?"                                                                 
                                                                                                                                
MR.  MITCHELL  said  the  biggest obstacle  is  the  election  in                                                               
November, and then  it takes time to put the  legal and financial                                                               
documents together.  The money wouldn't be  available until 2009,                                                               
at the earliest, but some work can move ahead after a yes vote.                                                                 
                                                                                                                                
SENATOR GREEN said  that it could take over a  year, and by using                                                               
the general fund, it would have an immediate effective date.                                                                    
                                                                                                                                
MR.  MITCHELL said  that can  be addressed  if general  funds are                                                               
used for design and planning. It  makes a lot of sense with bonds                                                               
because  there  are windows  to  spend  tax-exempt bond  proceeds                                                               
within - typically three years.  The design process is lengthy to                                                               
ensure  the right  thing  is built.  He said  he  has dealt  with                                                               
trying to  compress those  schedules and get  the money  spent in                                                               
that three-year window. It makes  sense to have an investment and                                                               
then borrow money to fulfill the obligations.                                                                                   
                                                                                                                                
9:55:52 AM                                                                                                                    
SENATOR FRENCH  asked what amount of  money is needed to  get the                                                               
project started  in the  summer of  2009, and  how that  would be                                                               
split out  from the  bond money, "with  the contingency  that you                                                               
don't spend  the money that we  appropriate for 2009 if  the bond                                                               
fails."  Then the  legislature can  make a  decision on  how much                                                               
faith it has in the voters in the election that follows.                                                                        
                                                                                                                                
SENATOR BUNDE said a delay will cost $10 million.                                                                               
                                                                                                                                
CHAIR MCGUIRE said  the amendment has not  been formally offered,                                                               
and SB 223 will be set aside.                                                                                                   
                                                                                                                                

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