Legislature(1995 - 1996)
05/03/1995 08:45 AM House FIN
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE FINANCE COMMITTEE
MAY 3, 1995
8:45 A.M.
TAPE HFC 95 - 110, Side 2, #000 - end.
TAPE HFC 95 - 111, Side 1, #000 - end.
TAPE HFC 95 - 111, Side 2, #000 - #115.
CALL TO ORDER
Co-Chair Mark Hanley called the House Finance Committee
meeting to order at 8:45 A.M.
PRESENT
Co-Chair Hanley Representative Kohring
Co-Chair Foster Representative Martin
Representative Mulder Representative Navarre
Representative Brown Representative Parnell
Representative Grussendorf Representative Therriault
Representative Kelly
ALSO PRESENT
Senator Mike Miller; Teresa Sager, Staff, Senator Miller;
Ron Swanson, (Testified via teleconference), Director,
Division of Lands, Department of Natural Resources; Joe
Ambrose, Staff, Senator Robin Taylor; Bob Cole, Director,
Division of Administrative Services, Department of
Corrections; David Vandenberg, (Testified via
teleconference), North Alaska Environmental Center,
Fairbanks; Margo Knuth, Assistant Attorney General, Criminal
Division, Department of Law; Stan Ridgeway, Deputy Director,
Vocational Rehabilitation, Department of Education.
SUMMARY
SB 46 An Act revising the provision of law under which a
minor may be charged, prosecuted, and sentenced as
an adult in the district court, and adding to the
list of offenses for which a minor may be
prosecuted as an adult in the district court.
CS SB 46 (RLS) was reported out of Committee with
"no recommendations" and with a fiscal note by the
Alaska Court System dated 3/6/95 and zero fiscal
notes by the Department of Administration dated
3/22/95 and the Department of Law 3/6/95.
SB 93 An Act relating to the disposal of state land
1
along the Dalton Highway; and providing for an
effective date.
HCS CS SB 93 (RES) was reported out of Committee
with a "do pass" recommendation and with zero
fiscal notes by the Department of Fish and Game
and the Department of Natural Resources dated
2/28/95.
SB 117 An Act establishing a statewide independent living
council and clarifying its relationship with
existing agencies; and providing for an effective
date.
CS SB 117 (HES) was reported out of Committee with
a "do pass" recommendation and with a fiscal note
by the Department of Education dated 3/21/95.
HCR 19 Requesting the Governor to direct the Department
of Corrections to establish a task force to study
current and future department operations.
CS HCR 19 (FIN) was reported out of Committee with
a "do pass" recommendation and with a House
Finance Committee fiscal note.
SENATE BILL 93 (RES)
"An Act relating to the disposal of state land along
the Dalton Highway; and providing for an effective
date."
SENATOR MIKE MILLER testified in support of SB 93 (RES). He
pointed out that in the last session the Legislature passed
SB 210 which provided for the reauthorization of existing
leases in three development nodes along the Dalton Highway
including Deadhorse, Yukon River Crossing and Coldfoot.
Future non-residential land disposal at Deadhorse was
allowed in that legislation.
He continued that with the recent opening of the highway to
public traffic, the need for additional services has
expanded. SB 93 would allow the State to proceed with
future non-residential disposal in each of the remaining
four nodes along the route for development of various public
facilities. The legislation is structured to allow disposal
only within the identified nodes which have existing pads so
that orderly development is maintained at regular intervals
along the highway. He concluded, as with any state land
disposal, all proposed sales or leases will require a Land
Use Plan, subject to procedures set forth in law which
provide for thorough public review.
2
Representative Brown asked how close Stephens Village was to
the development areas. Senator Miller did not know.
Representative Brown asked if any of the village areas were
in opposition to the legislation. Senator Miller responded
that the only village which testified was the North Slope
Borough and that their concerns have been addressed.
Representative Martin asked if the current lessee's were
being protected. Senator Miller understood that they would
continue to be protected. He stated that the Tanana Chief
Conference supported the legislation. Representative Brown
asked about the litigation proceedings filed over the
opening of the Haul Road. Senator Miller replied that the
Supreme Court had ruled in favor of the State.
Representative Brown inquired if public maintenance and
safety for the road use had been addressed in the budget.
Senator Miller replied that in opening the road, eligibility
for federal funds would increase.
TERESA SAGER, STAFF, SENATOR MILLER, explained that since
the decision was made to coordinate efforts, the Departments
of Natural Resources, Transportation and Public Facilities
and Public Safety have been working cooperatively in order
that all public needs will be met. The Department of
Transportation and Public Facilities (DOTPF) has indicated
that they do not anticipate more than an additional 50
vehicles on the road per day during the peak summer months
and that they do not intend to change their current
maintenance plan.
Representative Brown asked the total expected cost to the
State. Ms. Sager pointed out that the proposed legislation
has zero fiscal notes. Representative Therriault commented
that the cost of opening the road should not be tied to the
legislation as the road is currently open. Representative
Brown emphasized that there will be a cost associated with
developing the area in order to make it possible for more
people to travel the road.
DAVID VANDENBERG,(TESTIFIED VIA TELECONFERENCE), NORTH
ALASKA ENVIRONMENTAL CENTER, FAIRBANKS, echoed
Representative Brown's concern and spoke against the
proposed legislation. He pointed out that there is
currently insufficient funding for law enforcement and that
there have been long standing objections to the opening of
the Dalton Highway. He projected that SB 93 was a portion
of the adjournment package. Representative Therriault
reiterated that the road is currently open, which had been
approved by the court.
3
Representative Navarre asserted that statewide services are
currently inadequate. Road maintenance has been underfunded
for many years. He stressed that the Legislature should be
prepared to cover future costs associated with the proposed
legislation. He stressed that these will be new costs to
the State. Representative Navarre urged the Committee
members to recognize that there will be great fiscal impact
to DOTPF in passage of the bill.
Representative Brown agreed with the comments of
Representative Navarre and noted that there also had not
been a fiscal note attached for the Department of Public
Safety. She noted that Department is currently not able to
deal with addressing adequate service needs. The
legislation will add increased pressure on that Department.
Representative Brown asked if not opening the road was an
option at this time. Representative Therriault explained
that the court ruled that if public money is spent on the
road, it must be open to the public.
Representative Navarre asked if a fiscal note had been
solicited from DOTPF. Ms. Sager advised that one had not
been requested, noting that there had been a position paper
provided by that agency indicating that they do not
anticipate fiscal impact. She added that when DNR
recommended the legislation, they requested to see the
development occur in nodes in order to avoid strip
development. DNR noted that the nodes had been evenly
spaced along the highway in order to avoid the problems that
come with strip development.
Representative Navarre reiterated that DOTPF would
experience costs associated with passage of the legislation
and urged Committee members to consider adequate funding for
that Department.
Representative Mulder MOVED to report HCS CS SB 93 (RES) out
of Committee with individual recommendations and with the
accompanying fiscal notes. There being NO OBJECTIONS, it
was so ordered.
HCS CS SB 93 (RES) was reported out of Committee with a "do
pass" recommendations and with zero fiscal notes by the
Department of Fish and Game and the Department of Natural
Resources dated 2/28/95.
SENATE BILL 46
"An Act revising the provision of law under which a
minor may be charged, prosecuted, and sentenced as an
4
adult in the district court, and adding to the list of
offenses for which a minor may be prosecuted as an
adult in the district court."
JOE AMBROSE, STAFF, SENATOR ROBIN TAYLOR, was introduced at
the urging of parents concerned with the lack of
consequences within the juvenile justice system when a minor
is arrested for an alcohol related offense. He added that
most of SB 46 was a re-write of existing law. The drafter
took the occasion of complying with Senator Taylor's request
to address alcohol issues by re-ordering the material
already listed in AS 47.10.010(b). Juveniles are already
exempted from juvenile delinquency rules for traffic
offenses, tobacco related offenses and fish and game
statutes.
Mr. Ambrose continued that SB 46 would add alcohol and
controlled substance related offenses to that list and
provide that such cases be handled in district court.
Representative Brown asked if the same topic had been
addressed in another piece of legislation.
MARGO KNUTH, ASSISTANT ATTORNEY GENERAL, CRIMINAL DIVISION,
DEPARTMENT OF LAW, stated that the issue of warrantless
arrest was a part of another piece of legislation by
Representative Porter, HB 159. SB 46 would reduce minor
consuming from a misdemeanor violation not only for
juveniles but for all minors. She said that the Department
of Law supports that amendment, and that it would indicate
that the Department will not prosecute the defenses. She
explained the disadvantage to the State of Alaska in doing
this; as a violation there would be no jail time that could
be imposed or suspended. The judge could lose the ability
to order the minor into treatment.
Ms. Knuth elaborated that the Department of Law is
"troubled" by waiving juveniles into adult status for
"other" alcohol misdemeanors and all controlled substance
misdemeanors. That offense is referenced on Page 4, Line 8.
She continued, the misdemeanor offenses will make getting
into the military more difficult. For a conviction as
opposed to a violation, the person entering the military
would need to receive a waiver in order to enter. If there
is only one offense, that would be granted routinely,
although with anything else existing on the record, it would
become more difficult.
Ms. Knuth summarized that in addressing the current
legislation, the Department of Law has concluded that in
addressing subject by subject concerns is not working well
and that a broader perspective is needed to the automatic
waiving of juveniles from any offense involving a fire arm.
5
Representative Navarre asked what would happen to the
juvenile's record after he/she reach eighteen years of age
(18). Ms. Knuth explained that the record would stay with
them. Representative Navarre voiced concern that the
legislation would implicate that kids are "no longer kids",
consequently they must respond and be like adults.
(Tape Change HFC 95-111, Side 1).
Mr. Ambrose noted that Sections 1-4, Page 3, is current
language. He emphasized that there would be no change in
that provision. The drafter only re-ordered the language;
it is not new.
Representative Mulder voiced concern with burdening children
with a long term record when their nature as a "kid" does
not have a frame of reference from which to make mature
decisions. He noted particular concern with the child's
future ability to be in the military service. He asked if
there was an alternative to the legislation; something more
"middle ground".
Ms. Knuth replied that the Department of Law proposed that
minor consuming be made a violation as occurs in the
proposed legislation and that on Page 4 of the legislation,
only (5)(B) relating to possession or consumption be kept
and that the other offenses be deleted from the list of the
automatic waiver offenses.
Representative Grussendorf stated that the legislation moves
away from granting the judge an alternative way to address
the consequences resulting from the offense. Ms. Knuth
responded that the cost involved with placing new juveniles
and then putting them through the misdemeanor process for
minor consuming would be very high. Only by prosecuting
them for a misdemeanor offense, would the judge have the
ability to require treatment. The options are limited.
Ms. Knuth added that a judge usually requires alcohol
screening and then leaves it to experts to determine if
treatment would be appropriate. She noted that the "Use It
- Lose It" law is currently on the books which applies to
minor consuming.
Ms. Knuth responded to a misunderstanding of Representative
Brown's. Except for minor consuming, the other offenses
listed on Page 4 of the legislation are misdemeanors, would
be prosecuted as such and would result in misdemeanor
sanctions. Only minor consuming would be reduced to a
violation for all offenders. Ms. Knuth pointed out that was
6
listed on Page 3, Line 4 of the bill.
Representative Navarre questioned the effect of the Alaska
Delinquency Laws on the legislation. Ms. Knuth explained
that it would effect juvenile delinquency proceedings, they
instead would be treated as an adult and appear in district
court.
Representative Therriault MOVED to report CS SB 46 (RLS) out
of Committee with individual recommendations and with the
accompanying fiscal notes. There being NO OBJECTION, it was
so ordered.
CS SB 46 (RLS) was reported out of Committee with a "no
recommendation" and with a fiscal note by the Alaska Court
System dated 3/6/95 and zero fiscal notes by the Department
of Administration dated 3/22/95 and the Department of Law
dated 3/6/95.
SENATE BILL NO. 117
"An Act establishing a statewide independent living
council and clarifying its relationship with existing
agencies; and providing for an effective date."
STAN RIDGEWAY, DEPUTY DIRECTOR, VOCATIONAL REHABILITATION,
DEPARTMENT OF EDUCATION, stated that SB 117 would establish
the State Independent Living Council which was introduced by
Senator Halford at the request of the Department of
Education. In order for Alaska to continue to receive
federal funds for independent living, the State must
establish, in statute, a Statewide Independent Living
Council.
Representative Martin MOVED to report CS SB 117 (HES) out of
Committee with individual recommendations and with the
accompanying fiscal note. There being NO OBJECTION, it was
so ordered.
CS SB 117 (HES) was reported out of Committee with a "do
pass" recommendation and with a fiscal note by the
Department of Education dated 3/21/95.
HOUSE CONCURRENT RESOLUTION 19
Requesting the Governor to direct the Department of
Corrections to establish a task force to study current
and future department operations.
Representative Mulder stated that HCR 19 would request a
task force study of the operations and future needs of the
Department of Corrections. He said that the Department of
7
Corrections has been "running so fast to keep up", they have
not been able to spend any time thinking about where the
Department ought to be going. He added that the resolution
and the fiscal note would allow the Department to do the
planning necessary in order to control costs.
Representative Mulder continued that the task force
recommended by the resolution would provide a broad
perspective and would be composed of four legislators, five
representatives of the administration, one representative of
the judiciary branch and three representatives of the
public. The task force would be requested to report back by
the end of January, 1996.
Representative Brown referenced Page 2, Line 6-7, and
recommended elements of the comprehensive plan not be
predisposed. She recommended deleting the language "for
private construction of prison facilities and private
operations of prison facilities;." Representative Brown
MOVED to adopt Amendment #1. Representative Mulder noted
that he would consider that a "friendly" amendment. There
being NO OBJECTION, it was adopted.
Representative Mulder MOVED to adopt Amendment #2, 9-
LS1092\A.1, Lauterbach, 4/26/95. [Attachment #1]. He
stated that the amendment would allow for the Governor, the
Speaker of the House and the Senate President to select the
people from the private sector.
Representative Parnell OBJECTED for purposes of discussion.
He asked the motivation of the task force in being composed
of public and private members as opposed to giving money to
the Department to hire a private contractor to perform the
service. Representative Mulder replied that he thought the
money would not be available through the capital budget and
that he felt the Legislature would be more cooperative if
they were included in the initial stages of planning of the
task force.
Representative Mulder advised that privatization of prisons
was the future goal in addressing terms of management of a
large organization and facility.
Representative Martin pointed out that the fiscal note would
amount to $1000/day for the task force. He stressed that
the work could be performed for a lower cost.
Representative Mulder explained that the Department of
Corrections also included a fiscal note in the amount of
$350 thousand dollars. He continued, following
conversations with other people in the business of
evaluations, in hiring an outside contractor to do the
evaluation, the reasonable cost would be $150 thousand
dollars. He then added additional funds to cover the cost
8
of a staff person.
Representative Parnell recommended placing the requested
funds on the contractual line rather than the miscellaneous
line. Representative Mulder stated that the miscellaneous
line would allow for the maximum flexibility.
Representative Navarre pointed out that the Department of
Corrections has had their planning money reduced for many
years. He emphasized that short funding would result in an
insufficient plan. He recommended fully funding the note
requested by the Department.
Representative Brown proposed for the Committee's
consideration a change to Page 2, Line 13, following the
word "organizations", adding the language "who do not have
financing interest in the issues to be addressed". She
emphasized that there should be an independent objective
review.
Representative Mulder reminded Committee members that
Amendment #2 had not yet been decided. Representative
Parnell WITHDREW the OBJECTION to adopting Amendment #2.
There being NO further OBJECTION to Amendment #2, it was
adopted.
Representative Brown MOVED to adopt Amendment #3, the
previous recommended language addition to Page 2, Line 13,
to avoid the issue of public members having a direct
financial interest in the outcome of the legislation.
Representative Parnell stated that the independent
consultants should be ones that are really "independent".
He stated that language was already included on Lines 15 &
16.
BOB COLE, DIRECTOR, DIVISION OF ADMINISTRATIVE SERVICES,
DEPARTMENT OF CORRECTIONS, commented that in completing
joint meetings with the legislative branch, the Department
must find a way to accommodate the increasing demands
currently placed on the cost of imprisonment. He added that
there are many issues at hand with huge financial
implications to the State. The language of the resolution
is similar to that written by the Department in the capital
budget request.
Mr. Cole added that this type of project could require
spending between $100 thousand to $1.0 million dollars and
could take up to five years to complete. He stated that the
$350 thousand dollar fiscal note provided by the Department
was a modest amount to complete the project. Mr. Cole
summarized that it would be the intent of the Department to
hire a contractor who clearly did not have financial benefit
9
from the process except on a contractual level.
Representative Parnell pointed out that Lines 15 & 16
clarify that the consultant not have a direct financial
stake in the enterprise. Representative Mulder agreed with
Representative Parnell and felt that inclusion of the
language recommended by Representative Brown was not
necessary. Representative Brown WITHDREW the MOTION to
adopt Amendment #3.
Representative Brown asked if both majority and minority
representatives would be appointed. Representative Mulder
noted that was the intention. Representative Brown advised
that should be stipulated in the policy. Representative
Mulder stated that would not be necessary.
(Tape Change, HFC 95-111, Side 2).
Representative Mulder MOVED to adopt Amendment #4.
[Attachment #2]. Representative Martin OBJECTED.
Representative Mulder stated that there are elements of the
study that will take longer to accomplish and which will
take time for a comprehensive review.
Mr. Cole noted that the Department is bound by three union
agreements. If a portion of the analysis requests that a
section of the Department be privatized, the State is bound
by the union agreement to negotiate a cost benefit analysis.
He stressed that would not be possible by next year's
legislature. He voiced support for the amendment.
A roll call was taken on the MOTION.
IN FAVOR: Mulder, Navarre, Parnell, Brown, Kelly,
Foster
OPPOSED: Martin
Representatives Kohring, Therriault, Grussendorf and Hanley
were not present for the vote.
The MOTION PASSED (6-1).
Representative Parnell MOVED that the fiscal note money line
be moved to the "contractual" line. There being NO
OBJECTION, it was moved.
Representative Brown MOVED to report CS HJR 19 (FIN) out of
Committee with a "do pass" recommendation and with a fiscal
note by the House Finance Committee.
ADJOURNMENT
The meeting adjourned at 10:15 A.M.
10
HOUSE FINANCE COMMITTEE
MAY 3, 1995
8:45 A.M.
TAPE HFC 95 - 110, Side 2, #000 - end.
TAPE HFC 95 - 111, Side 1, #000 - end.
TAPE HFC 95 - 111, Side 2, #000 - #115.
CALL TO ORDER
Co-Chair Mark Hanley called the House Finance Committee
meeting to order at 8:45 A.M.
PRESENT
Co-Chair Hanley Representative Kohring
Co-Chair Foster Representative Martin
Representative Mulder Representative Navarre
Representative Brown Representative Parnell
Representative Grussendorf Representative Therriault
Representative Kelly
ALSO PRESENT
Senator Mike Miller; Teresa Sager, Staff, Senator Miller;
Ron Swanson, (Testified via teleconference), Director,
Division of Lands, Department of Natural Resources; Joe
Ambrose, Staff, Senator Robin Taylor; Bob Cole, Director,
Division of Administrative Services, Department of
Corrections; David Vandenberg, (Testified via
teleconference), North Alaska Environmental Center,
Fairbanks; Margo Knuth, Assistant Attorney General, Criminal
Division, Department of Law; Stan Ridgeway, Deputy Director,
Vocational Rehabilitation, Department of Education.
SUMMARY
SB 46 An Act revising the provision of law under which a
minor may be charged, prosecuted, and sentenced as
an adult in the district court, and adding to the
list of offenses for which a minor may be
prosecuted as an adult in the district court.
CS SB 46 (RLS) was reported out of Committee with
"no recommendations" and with a fiscal note by the
Alaska Court System dated 3/6/95 and zero fiscal
notes by the Department of Administration dated
3/22/95 and the Department of Law 3/6/95.
11
SB 93 An Act relating to the disposal of state land
along the Dalton Highway; and providing for an
effective date.
HCS CS SB 93 (RES) was reported out of Committee
with a "do pass" recommendation and with zero
fiscal notes by the Department of Fish and Game
and the Department of Natural Resources dated
2/28/95.
SB 117 An Act establishing a statewide independent living
council and clarifying its relationship with
existing agencies; and providing for an effective
date.
CS SB 117 (HES) was reported out of Committee with
a "do pass" recommendation and with a fiscal note
by the Department of Education dated 3/21/95.
HCR 19 Requesting the Governor to direct the Department
of Corrections to establish a task force to study
current and future department operations.
CS HCR 19 (FIN) was reported out of Committee with
a "do pass" recommendation and with a House
Finance Committee fiscal note.
SENATE BILL 93 (RES)
"An Act relating to the disposal of state land along
the Dalton Highway; and providing for an effective
date."
SENATOR MIKE MILLER testified in support of SB 93 (RES). He
pointed out that in the last session the Legislature passed
SB 210 which provided for the reauthorization of existing
leases in three development nodes along the Dalton Highway
including Deadhorse, Yukon River Crossing and Coldfoot.
Future non-residential land disposal at Deadhorse was
allowed in that legislation.
He continued that with the recent opening of the highway to
public traffic, the need for additional services has
expanded. SB 93 would allow the State to proceed with
future non-residential disposal in each of the remaining
four nodes along the route for development of various public
facilities. The legislation is structured to allow disposal
only within the identified nodes which have existing pads so
that orderly development is maintained at regular intervals
along the highway. He concluded, as with any state land
disposal, all proposed sales or leases will require a Land
Use Plan, subject to procedures set forth in law which
12
provide for thorough public review.
Representative Brown asked how close Stephens Village was to
the development areas. Senator Miller did not know.
Representative Brown asked if any of the village areas were
in opposition to the legislation. Senator Miller responded
that the only village which testified was the North Slope
Borough and that their concerns have been addressed.
Representative Martin asked if the current lessee's were
being protected. Senator Miller understood that they would
continue to be protected. He stated that the Tanana Chief
Conference supported the legislation. Representative Brown
asked about the litigation proceedings filed over the
opening of the Haul Road. Senator Miller replied that the
Supreme Court had ruled in favor of the State.
Representative Brown inquired if public maintenance and
safety for the road use had been addressed in the budget.
Senator Miller replied that in opening the road, eligibility
for federal funds would increase.
TERESA SAGER, STAFF, SENATOR MILLER, explained that since
the decision was made to coordinate efforts, the Departments
of Natural Resources, Transportation and Public Facilities
and Public Safety have been working cooperatively in order
that all public needs will be met. The Department of
Transportation and Public Facilities (DOTPF) has indicated
that they do not anticipate more than an additional 50
vehicles on the road per day during the peak summer months
and that they do not intend to change their current
maintenance plan.
Representative Brown asked the total expected cost to the
State. Ms. Sager pointed out that the proposed legislation
has zero fiscal notes. Representative Therriault commented
that the cost of opening the road should not be tied to the
legislation as the road is currently open. Representative
Brown emphasized that there will be a cost associated with
developing the area in order to make it possible for more
people to travel the road.
DAVID VANDENBERG,(TESTIFIED VIA TELECONFERENCE), NORTH
ALASKA ENVIRONMENTAL CENTER, FAIRBANKS, echoed
Representative Brown's concern and spoke against the
proposed legislation. He pointed out that there is
currently insufficient funding for law enforcement and that
there have been long standing objections to the opening of
the Dalton Highway. He projected that SB 93 was a portion
of the adjournment package. Representative Therriault
reiterated that the road is currently open, which had been
approved by the court.
13
Representative Navarre asserted that statewide services are
currently inadequate. Road maintenance has been underfunded
for many years. He stressed that the Legislature should be
prepared to cover future costs associated with the proposed
legislation. He stressed that these will be new costs to
the State. Representative Navarre urged the Committee
members to recognize that there will be great fiscal impact
to DOTPF in passage of the bill.
Representative Brown agreed with the comments of
Representative Navarre and noted that there also had not
been a fiscal note attached for the Department of Public
Safety. She noted that Department is currently not able to
deal with addressing adequate service needs. The
legislation will add increased pressure on that Department.
Representative Brown asked if not opening the road was an
option at this time. Representative Therriault explained
that the court ruled that if public money is spent on the
road, it must be open to the public.
Representative Navarre asked if a fiscal note had been
solicited from DOTPF. Ms. Sager advised that one had not
been requested, noting that there had been a position paper
provided by that agency indicating that they do not
anticipate fiscal impact. She added that when DNR
recommended the legislation, they requested to see the
development occur in nodes in order to avoid strip
development. DNR noted that the nodes had been evenly
spaced along the highway in order to avoid the problems that
come with strip development.
Representative Navarre reiterated that DOTPF would
experience costs associated with passage of the legislation
and urged Committee members to consider adequate funding for
that Department.
Representative Mulder MOVED to report HCS CS SB 93 (RES) out
of Committee with individual recommendations and with the
accompanying fiscal notes. There being NO OBJECTIONS, it
was so ordered.
HCS CS SB 93 (RES) was reported out of Committee with a "do
pass" recommendations and with zero fiscal notes by the
Department of Fish and Game and the Department of Natural
Resources dated 2/28/95.
SENATE BILL 46
"An Act revising the provision of law under which a
14
minor may be charged, prosecuted, and sentenced as an
adult in the district court, and adding to the list of
offenses for which a minor may be prosecuted as an
adult in the district court."
JOE AMBROSE, STAFF, SENATOR ROBIN TAYLOR, was introduced at
the urging of parents concerned with the lack of
consequences within the juvenile justice system when a minor
is arrested for an alcohol related offense. He added that
most of SB 46 was a re-write of existing law. The drafter
took the occasion of complying with Senator Taylor's request
to address alcohol issues by re-ordering the material
already listed in AS 47.10.010(b). Juveniles are already
exempted from juvenile delinquency rules for traffic
offenses, tobacco related offenses and fish and game
statutes.
Mr. Ambrose continued that SB 46 would add alcohol and
controlled substance related offenses to that list and
provide that such cases be handled in district court.
Representative Brown asked if the same topic had been
addressed in another piece of legislation.
MARGO KNUTH, ASSISTANT ATTORNEY GENERAL, CRIMINAL DIVISION,
DEPARTMENT OF LAW, stated that the issue of warrantless
arrest was a part of another piece of legislation by
Representative Porter, HB 159. SB 46 would reduce minor
consuming from a misdemeanor violation not only for
juveniles but for all minors. She said that the Department
of Law supports that amendment, and that it would indicate
that the Department will not prosecute the defenses. She
explained the disadvantage to the State of Alaska in doing
this; as a violation there would be no jail time that could
be imposed or suspended. The judge could lose the ability
to order the minor into treatment.
Ms. Knuth elaborated that the Department of Law is
"troubled" by waiving juveniles into adult status for
"other" alcohol misdemeanors and all controlled substance
misdemeanors. That offense is referenced on Page 4, Line 8.
She continued, the misdemeanor offenses will make getting
into the military more difficult. For a conviction as
opposed to a violation, the person entering the military
would need to receive a waiver in order to enter. If there
is only one offense, that would be granted routinely,
although with anything else existing on the record, it would
become more difficult.
Ms. Knuth summarized that in addressing the current
legislation, the Department of Law has concluded that in
addressing subject by subject concerns is not working well
and that a broader perspective is needed to the automatic
15
waiving of juveniles from any offense involving a fire arm.
Representative Navarre asked what would happen to the
juvenile's record after he/she reach eighteen years of age
(18). Ms. Knuth explained that the record would stay with
them. Representative Navarre voiced concern that the
legislation would implicate that kids are "no longer kids",
consequently they must respond and be like adults.
(Tape Change HFC 95-111, Side 1).
Mr. Ambrose noted that Sections 1-4, Page 3, is current
language. He emphasized that there would be no change in
that provision. The drafter only re-ordered the language;
it is not new.
Representative Mulder voiced concern with burdening children
with a long term record when their nature as a "kid" does
not have a frame of reference from which to make mature
decisions. He noted particular concern with the child's
future ability to be in the military service. He asked if
there was an alternative to the legislation; something more
"middle ground".
Ms. Knuth replied that the Department of Law proposed that
minor consuming be made a violation as occurs in the
proposed legislation and that on Page 4 of the legislation,
only (5)(B) relating to possession or consumption be kept
and that the other offenses be deleted from the list of the
automatic waiver offenses.
Representative Grussendorf stated that the legislation moves
away from granting the judge an alternative way to address
the consequences resulting from the offense. Ms. Knuth
responded that the cost involved with placing new juveniles
and then putting them through the misdemeanor process for
minor consuming would be very high. Only by prosecuting
them for a misdemeanor offense, would the judge have the
ability to require treatment. The options are limited.
Ms. Knuth added that a judge usually requires alcohol
screening and then leaves it to experts to determine if
treatment would be appropriate. She noted that the "Use It
- Lose It" law is currently on the books which applies to
minor consuming.
Ms. Knuth responded to a misunderstanding of Representative
Brown's. Except for minor consuming, the other offenses
listed on Page 4 of the legislation are misdemeanors, would
be prosecuted as such and would result in misdemeanor
sanctions. Only minor consuming would be reduced to a
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violation for all offenders. Ms. Knuth pointed out that was
listed on Page 3, Line 4 of the bill.
Representative Navarre questioned the effect of the Alaska
Delinquency Laws on the legislation. Ms. Knuth explained
that it would effect juvenile delinquency proceedings, they
instead would be treated as an adult and appear in district
court.
Representative Therriault MOVED to report CS SB 46 (RLS) out
of Committee with individual recommendations and with the
accompanying fiscal notes. There being NO OBJECTION, it was
so ordered.
CS SB 46 (RLS) was reported out of Committee with a "no
recommendation" and with a fiscal note by the Alaska Court
System dated 3/6/95 and zero fiscal notes by the Department
of Administration dated 3/22/95 and the Department of Law
dated 3/6/95.
SENATE BILL NO. 117
"An Act establishing a statewide independent living
council and clarifying its relationship with existing
agencies; and providing for an effective date."
STAN RIDGEWAY, DEPUTY DIRECTOR, VOCATIONAL REHABILITATION,
DEPARTMENT OF EDUCATION, stated that SB 117 would establish
the State Independent Living Council which was introduced by
Senator Halford at the request of the Department of
Education. In order for Alaska to continue to receive
federal funds for independent living, the State must
establish, in statute, a Statewide Independent Living
Council.
Representative Martin MOVED to report CS SB 117 (HES) out of
Committee with individual recommendations and with the
accompanying fiscal note. There being NO OBJECTION, it was
so ordered.
CS SB 117 (HES) was reported out of Committee with a "do
pass" recommendation and with a fiscal note by the
Department of Education dated 3/21/95.
HOUSE CONCURRENT RESOLUTION 19
Requesting the Governor to direct the Department of
Corrections to establish a task force to study current
and future department operations.
Representative Mulder stated that HCR 19 would request a
task force study of the operations and future needs of the
17
Department of Corrections. He said that the Department of
Corrections has been "running so fast to keep up", they have
not been able to spend any time thinking about where the
Department ought to be going. He added that the resolution
and the fiscal note would allow the Department to do the
planning necessary in order to control costs.
Representative Mulder continued that the task force
recommended by the resolution would provide a broad
perspective and would be composed of four legislators, five
representatives of the administration, one representative of
the judiciary branch and three representatives of the
public. The task force would be requested to report back by
the end of January, 1996.
Representative Brown referenced Page 2, Line 6-7, and
recommended elements of the comprehensive plan not be
predisposed. She recommended deleting the language "for
private construction of prison facilities and private
operations of prison facilities;." Representative Brown
MOVED to adopt Amendment #1. Representative Mulder noted
that he would consider that a "friendly" amendment. There
being NO OBJECTION, it was adopted.
Representative Mulder MOVED to adopt Amendment #2, 9-
LS1092\A.1, Lauterbach, 4/26/95. [Attachment #1]. He
stated that the amendment would allow for the Governor, the
Speaker of the House and the Senate President to select the
people from the private sector.
Representative Parnell OBJECTED for purposes of discussion.
He asked the motivation of the task force in being composed
of public and private members as opposed to giving money to
the Department to hire a private contractor to perform the
service. Representative Mulder replied that he thought the
money would not be available through the capital budget and
that he felt the Legislature would be more cooperative if
they were included in the initial stages of planning of the
task force.
Representative Mulder advised that privatization of prisons
was the future goal in addressing terms of management of a
large organization and facility.
Representative Martin pointed out that the fiscal note would
amount to $1000/day for the task force. He stressed that
the work could be performed for a lower cost.
Representative Mulder explained that the Department of
Corrections also included a fiscal note in the amount of
$350 thousand dollars. He continued, following
conversations with other people in the business of
evaluations, in hiring an outside contractor to do the
evaluation, the reasonable cost would be $150 thousand
18
dollars. He then added additional funds to cover the cost
of a staff person.
Representative Parnell recommended placing the requested
funds on the contractual line rather than the miscellaneous
line. Representative Mulder stated that the miscellaneous
line would allow for the maximum flexibility.
Representative Navarre pointed out that the Department of
Corrections has had their planning money reduced for many
years. He emphasized that short funding would result in an
insufficient plan. He recommended fully funding the note
requested by the Department.
Representative Brown proposed for the Committee's
consideration a change to Page 2, Line 13, following the
word "organizations", adding the language "who do not have
financing interest in the issues to be addressed". She
emphasized that there should be an independent objective
review.
Representative Mulder reminded Committee members that
Amendment #2 had not yet been decided. Representative
Parnell WITHDREW the OBJECTION to adopting Amendment #2.
There being NO further OBJECTION to Amendment #2, it was
adopted.
Representative Brown MOVED to adopt Amendment #3, the
previous recommended language addition to Page 2, Line 13,
to avoid the issue of public members having a direct
financial interest in the outcome of the legislation.
Representative Parnell stated that the independent
consultants should be ones that are really "independent".
He stated that language was already included on Lines 15 &
16.
BOB COLE, DIRECTOR, DIVISION OF ADMINISTRATIVE SERVICES,
DEPARTMENT OF CORRECTIONS, commented that in completing
joint meetings with the legislative branch, the Department
must find a way to accommodate the increasing demands
currently placed on the cost of imprisonment. He added that
there are many issues at hand with huge financial
implications to the State. The language of the resolution
is similar to that written by the Department in the capital
budget request.
Mr. Cole added that this type of project could require
spending between $100 thousand to $1.0 million dollars and
could take up to five years to complete. He stated that the
$350 thousand dollar fiscal note provided by the Department
was a modest amount to complete the project. Mr. Cole
summarized that it would be the intent of the Department to
19
hire a contractor who clearly did not have financial benefit
from the process except on a contractual level.
Representative Parnell pointed out that Lines 15 & 16
clarify that the consultant not have a direct financial
stake in the enterprise. Representative Mulder agreed with
Representative Parnell and felt that inclusion of the
language recommended by Representative Brown was not
necessary. Representative Brown WITHDREW the MOTION to
adopt Amendment #3.
Representative Brown asked if both majority and minority
representatives would be appointed. Representative Mulder
noted that was the intention. Representative Brown advised
that should be stipulated in the policy. Representative
Mulder stated that would not be necessary.
(Tape Change, HFC 95-111, Side 2).
Representative Mulder MOVED to adopt Amendment #4.
[Attachment #2]. Representative Martin OBJECTED.
Representative Mulder stated that there are elements of the
study that will take longer to accomplish and which will
take time for a comprehensive review.
Mr. Cole noted that the Department is bound by three union
agreements. If a portion of the analysis requests that a
section of the Department be privatized, the State is bound
by the union agreement to negotiate a cost benefit analysis.
He stressed that would not be possible by next year's
legislature. He voiced support for the amendment.
A roll call was taken on the MOTION.
IN FAVOR: Mulder, Navarre, Parnell, Brown, Kelly,
Foster
OPPOSED: Martin
Representatives Kohring, Therriault, Grussendorf and Hanley
were not present for the vote.
The MOTION PASSED (6-1).
Representative Parnell MOVED that the fiscal note money line
be moved to the "contractual" line. There being NO
OBJECTION, it was moved.
Representative Brown MOVED to report CS HJR 19 (FIN) out of
Committee with a "do pass" recommendation and with a fiscal
note by the House Finance Committee.
ADJOURNMENT
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The meeting adjourned at 10:15 A.M.
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