Legislature(2001 - 2002)
04/08/2002 01:52 PM House FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE FINANCE COMMITTEE
April 08, 2002
1:52 PM
TAPE HFC 02 - 76, Side A
TAPE HFC 02 - 76, Side B
CALL TO ORDER
Co-Chair Williams called the House Finance Committee meeting
to order at 1:52 PM.
MEMBERS PRESENT
Representative Bill Williams, Co-Chair
Representative Con Bunde, Vice-Chair
Representative John Davies
Representative Richard Foster
Representative John Harris
Representative Bill Hudson
Representative Carl Moses
Representative Jim Whitaker
MEMBERS ABSENT
Representative Eldon Mulder, Co-Chair
Representative Eric Croft
Representative Ken Lancaster
ALSO PRESENT
Randy Ruaro, Staff, Representative Williams; Greg Roth,
Alaska Juvenile Corrections Officers Association, Juneau;
Guy Bell, Director, Division of Retirement and Benefits,
Department of Administration; George Buhite, Division of
Juvenile Justice, Department of Health and Social Services;
Robert Buttcane, Division of Juvenile Justice, Department of
Health and Social Services; Kristi Helgen, Division of
Juvenile Justice, Department of Health and Social Services;
Jason Wilson, Division of Juvenile Justice, Department of
Health and Social Services; Katie Sullivan, Division of
Juvenile Justice, Department of Health and Social Services;
Sharron O'Dell, Staff, Representative Kohring; Mary Siroky,
Legislative Liaisons, Department of Environmental
Conservation; Catherine Reardon, Director, Division of
Occupational Licensing, Department of Community and Economic
Development.
PRESENT VIA TELECONFERENCE
Danielle Mercer, Youth Counselor, Ketchikan; Grant Klotz,
Youth Counselor, Anchorage; A. David Woodward, Juvenile
Probation Officer, Petersburg; Jeff Martin, Matsu; Andy
Koplezenski, Matsu.
SUMMARY
HB 248 "An Act relating to retirement contributions and
benefits under the public employees' retirement
system of certain juvenile detention employees and
juvenile correctional institution employees."
HB 248 was heard and HELD in Committee for further
consideration.
HB 443 "An Act retroactively extending the application
and licensing deadlines and amending the effective
date of certain provisions relating to regulation
of persons who practice tattooing and permanent
cosmetic coloring or body piercing; and providing
for an effective date."
CSHB 443 (L&C) was REPORTED out of Committee with
a "do pass" recommendation and with previously
published fiscal note: #1 (DEC).
HOUSE BILL NO. 248
"An Act relating to retirement contributions and
benefits under the public employees' retirement system
of certain juvenile detention employees and juvenile
correctional institution employees."
RANDY RUARO, STAFF, REPRESENTATIVE WILLIAMS, testified in
support of the legislation. House Bill 248 would bring
residential youth counselors into the 20-year state
retirement system. Alaska law presently provides a 30-year
state retirement system for most employees. A 20-year
retirement system is in place for peace officers and fire
fighters. The definition of "peace officer" now includes:
adult corrections officers, adult probation officers, and
juvenile probation officers. "Residential youth counselors"
are not presently included.
Mr. Ruaro explained that residential youth counselors work
with minors in a correctional institution. They perform job
duties ranging from acting as a correctional guard to
guidance and educational counseling for incarcerated minors.
The goal of the residential youth counselor is to keep the
public safe and rehabilitate the minors.
Mr. Ruaro summarized that residential youth counselors is
the only group of the four that work with adults or juvenile
criminal offenders in either an institutional or probation
setting that are presently not getting a 20 year retirement.
Adult corrections, adult probation, and juvenile probation
employees are on 20-year retirements. Residential youth
counselors have been left out and HB 248 seeks to remedy
this inequity by adding them to the state's 20-year
retirement system.
In response to a question by Vice-Chair Bunde, Mr. Ruaro
noted that 248 persons would be affected.
GUY BELL, DIRECTOR, DIVISION OF RETIREMENT AND BENEFITS,
DEPARTMENT OF ADMINISTRATION, spoke to the fiscal note. He
observed that the legislation would allow juvenile officers
to convert from 30 and out to 20 and out retirement systems.
Those currently employed, as juvenile correctional officers,
would be allowed to claim the time that they served as 20
and out service. The bill allows an enhanced benefit and
would have a fiscal impact. In claiming the service, the
employee is required to make up the difference between a
general employee and a peace officer: 6.75 percent and 7.5
percent. Employees would only cover a portion of the full
cost. The full cost is significantly greater. Actuarial
consults based on all 248 employees estimated that there
would be a net present cost of $7.2 million dollars, which
would be amortized at an annual cost of $896 thousand
dollars. This is .14 percent of the state's payroll. The
rate would be charged on total salaries and spread across
all state employees. The money is not appropriated from the
legislature to the Department of Administration; the cost
would be appropriated from the line item of each agency.
Representative Hudson questioned if any of the affected
employees are in the municipal system. Mr. Bell noted that a
juvenile officer is defined as a youth counselor, unit
leader or superintendent in a juvenile detention or juvenile
correctional facility. He did not know if there were
municipal employees in that category. He explained that the
cost estimate was based solely on state employees.
Vice-Chair Bunde noted that Alaska has a two-tiered
retirement system. Mr. Bell clarified that there is a three-
tier employee system. He reiterated that the total cost is
$7.2 million dollars. The annual cost is $896 thousand
dollars. Vice-Chair Bunde questioned what the cost would be
if the legislation only applied to newly hired employees.
Mr. Bell acknowledged that the cost would be less if the
legislation only applied to current employees but observed
that there would be a tier of new employees with a higher
level of benefits.
In response to a question by Vice-Chair Bunde, Mr. Bell
explained that the cost is shared between the state and the
employee. General employees pay 6.75 percent and peace
officers pay 7.5 percent. The cost is closer to 17 percent.
The employer covers the difference. The state currently pays
6.75 to 7 percent for general employees, due to surpluses
that have been built in as part of the investment returns.
The employer rate fluctuates and has been as high as 14
percent. The employee rate is fixed. He did not think that
the state's portion would be significantly lower.
GREG ROTH, ALASKA JUVENILE CORRECTIONS OFFICERS ASSOCIATION,
JUNEAU testified in support of the legislation. He noted
that he represents 240 youth counselors, unit leaders and
superintendents that staff Alaska's juvenile correctional
facilities throughout the state. He observed that 12 years
ago the Alaska Juvenile Correctional Officers Association
was formed for the express purpose of promoting legislation
that would bring parody to the youth counselor job class
with similar job classes. There have been five bills
introduced over the ensuing years to address the parody
issue. In 1991, SB 32 passed both the House and Senate by a
wide majority. He observed that the Governors office vetoed
SB 32 at the end of that session.
Mr. Roth emphasized that youth counselors provide the 24-
hour locked correctional care and custody related to the
incarceration of people against their will and every
conceivable duty that entails. In the course of their
duties, counselors have been hit, kicked, stabbed,
threatened, spit on, taken hostage, splashed with body
fluids. Staffs are the targets in escape attempts whether
planned within or without the facility. Buildings where they
work have been shot at and bombed. "We have had gangs form
groups and posture right outside our buildings. We house
offenders have committed murders, rape, assaults, arson,
robbery, all forms of property crimes as well crimes against
our citizens." Youth counselors safely house and provide
services to all who enter regardless of how heinous their
offense. Each day, 24 hours a day, youth counselors respond
to the needs of these juvenile offenders while keeping the
public safe, which is at times a dangerous and daunting
task.
Mr. Roth explained that each offender is held accountable
for his or her conduct. Counselors provide swift and
consistent consequences for crimes committed by juveniles.
They facilitate and teach researched based, skill building
programs designed to prevent repeated criminal behavior.
They also work with offenders to restore the community and
victims from past juvenile crime and to protect the public
and protect citizens from future juvenile crime
Mr. Roth noted that:
Each day in the performance of our duties youth
counselors are involved in a "chain of custody." Minors
are brought to the youth facilities, handcuffed and in
the back of a police cars. They have been arrested for
a crime and brought to us by the armed officers. Often
times they arrive agitated, angry, assaultive, violent
or intoxicated. In the admissions office transfer of
custody is given from that armed officer to a youth
counselor. The police are given weapons, shields, body
armor, chemical deterrents, in order to deal with
violent offenders and are covered under a 20-year
retirement system. Youth counselors rely on their
training, their personal presence and skills in forming
relationships with residents to gain the cooperation
necessary to conduct their duties.
Some minors are arrested by Juvenile Probation Officers
in our own Division and brought to the locked
facilities. These Juvenile Probation Officers are
covered under a 20-year retirement system. Often times
Youth Counselors are asked to assist in these arrests
in public buildings.
Some of our offenders are charged with very serious and
violent crimes, and may spend 30, 60,90 days in
Juvenile facilities pending transfer to an adult
facility. These same dangerous residents when
transferred become adult inmates and are supervised by
Correctional Officers covered with 20-year peace
officer retirement until that happens Youth Counselors
have provided safe custody and public protection for
these offenders.
Mr. Roth noted that there is an exchange of the custody of
minors between youth counselors and judicial services
officers in the court buildings. Judicial services officers
are covered under 20-year retirement. In addition to custody
transfer issues, some of youth stay in the facilities until
age twenty and by law are adults. Youth counselors handle
these adult offenders every day in the performance of their
duties.
Mr. Roth pointed out that as mandated by statute, youth
counselors make independent arrests in the community in the
pursuit of juveniles who have absconded from a facility, a
court hearing or who have escaped from a necessary medical
or service transport. Solid training and excellent skill
development is needed in handling resistive clients. Peak
mental and physical condition is necessary and critical to
safely carry out these duties. He stressed that youth
counselors are passionate about their jobs; they strive to
positively impact youth and are willing to put their lives
at risk daily in order to carry out their custody duties,
rehabilitative duties and protection of the public.
In response to a question by Representative Hudson, Mr. Roth
observed that youth counselors handle juveniles 13 to 18
years old. They are not armed or authorized to carry arms.
GEORGE BUHITE, DIVISION OF JUVENILE JUSTICE, DEPARTMENT OF
HEALTH AND SOCIAL SERVICES testified in support of the
legislation. He noted that he started his job as a youth
counselor. He emphasized the danger of the work. The work
can be difficult, dangerous and physically demanding. He
emphasized that these three characteristics have lead to the
granting of 20-year retirement criteria in other
occupations, such as in the military or law enforcement. The
average age coming into the job is 35 years old, which makes
it difficult to keep up with a struggling juvenile at their
later years. He maintained that the option to leave the
system after 20 years is desirable for both employer and
employee. It is increasingly difficult to attract and
maintain quality candidates. Alaska salaries have decreased
compared to the private sector.
Vice-Chair Bunde questioned if there are currently unfilled
positions. Mr. Buhite noted that the vacancy rate is 5 - 8
percent in larger facilities. Smaller facilities can have
higher vacancies.
Vice-Chair Bunde acknowledged the difficulty of the work. He
questioned if the Governor would sign the legislation. Mr.
Buhite stated that he had indications that it would be
signed.
ROBERT BUTTCANE, DIVISION OF JUVENILE JUSTICE, DEPARTMENT OF
HEALTH AND SOCIAL SERVICES clarified that municipal
employees would not be covered. There is no comparable job
class in the municipal structure.
DANIELLE MERCER, YOUTH COUNSELOR, KETCHIKAN, testified via
teleconference in support of the legislation. She is the
unit leader at the new Ketchikan regional youth facility and
worked at McLaughlin Youth Center for nine years. She
stressed that there is emotional and mental strain
associated with working with this population, in addition to
the physical risks. Counselors see offenders for up to two
years for court ordered treatment. Counselors often face the
possibility of being the object of a verbal or physical
attack. She noted that her home and family have been
threatened. She has been kicked, scratched, punched and was
stabbed with a long, sharpened pencil. She noted that she
has seen people who have found it painful and frightening to
return to work. The juvenile population is highly emotional,
unpredictable and is possibly in the middle of the most
violent period of their lives.
Ms. Mercer explained that as a unit leader, she has found
herself spending a great deal of time discussing the
inherent risks of the job. She felt that it would be easier
to recruit and retain qualified staff members if they
received the same retirement benefits package received by
peace officers.
GRANT KLOTZ, YOUTH COUNSELOR, ANCHORAGE, testified via
teleconference in support of the legislation. He observed
that residents are primarily 16 - 19 year old males. These
are not little boys but often 175 - 250 pound, 6 foot tall
men. He maintained that the immaturity of juvenile offenders
results in impulsive behaviors. He observed that during his
21 and a half years at McLaughlin youth center, staff have
been strangled, stabbed, bitten, punched, kicked, scratched,
spit on, had feces thrown on them and almost daily are
subjected to verbal harassment. Furthermore, on one occasion
a drive by shooting occurred with one of the bullets
striking a window on the detention unit at McLaughlin Youth
Center.
Mr. Grant observed that his brother, Bob Klotz, worked as a
youth counselor for many years and is now medically retired
due to a resident assault that took place while working on
the Closed Treatment Unit at McLaughlin Youth Center. Due to
this injury he is limited to lifting 20 pounds or less. He
has chronic pain in his back and is unable to do many things
that he was once able to do.
Mr. Grant maintained that youth counselors do the same job
as the adult corrections staff and are subjected to the same
stress and deserve their same benefits.
A. DAVID WOODWARD, JUVENILE PROBATION OFFICER, PETERSBURG,
testified via teleconference in support of the legislation.
He noted that one of his co-workers was assaulted and became
unable to work.
HB 248 was heard and HELD in Committee for further
consideration.
HOUSE BILL NO. 443
"An Act retroactively extending the application and
licensing deadlines and amending the effective date of
certain provisions relating to regulation of persons
who practice tattooing and permanent cosmetic coloring
or body piercing; and providing for an effective date."
REPRESENTATIVE VIC KOHRING, SPONSOR, testified in support of
the legislation. He observed that he had been contacted by
businesses that had trouble meeting application deadlines
and would likely go out of business without statutory
modification. In 2000, the Legislature passed SB 34 to
address health and safety concerns by bringing tattoo and
body piercing practitioners under the regulation and
licensing requirement of AS 08.13, which deals with Barbers
and Hairdressers. The legislation established qualification
and training requirements for license applicants,
regulations for shop licenses, and sets application deadline
and initial licensing dates. The legislation addressed the
application deadline.
Representative Kohring noted that because the 2000
legislation contained a date deadline, it did not allow the
department any mechanism for a grace period or appeal
process for an applicant that missed the new license
application deadline. The application is for a transitional
license. The transitional license would be granted to
existing practitioners to allow them to keep practicing
under the new license and regulation law. The intent is to
give qualified parishioners that missed the initial
application deadline the opportunity to apply for a
transitional deadline. The intent is not to change any of
the qualifications or regulations established by SB 34
Representative Kohring would change the application deadline
[from July 1, 2001, to October 1, 2002] and the licensing
requirement date. He observed that the Board of Barbers and
Hairdressers passed a resolution in support of the
legislation.
Vice-Chair Bunde questioned how many times the deadline
would need to be extended.
SHARRON O'DELL, STAFF, REPRESENTATIVE KOHRING, explained
that the original deadline was July 2, 2001. The department
created their mailing list from catch phrases in existing
business license, such as permanent coloring. There are some
businesses that do not have such verbiage in their licenses
and were not notified of the deadline. She observed that
they have a list of thirteen that did not receive notice.
Representative Hudson asked if the legislation changes any
of the regulatory standards. Ms. O'Dell clarified that no
qualifications would be changed. All of the requirements
were established in the previous legislation. She reiterated
that notifications were made. Some of the businesses were
not easily recognized for notification, since it is a brand
new license. She noted that 13 practitioners were missed.
Representative Hudson questioned the need for a $3.3
thousand dollar fiscal note.
Representative John Davies observed that one of the persons
appointed to the board failed to license themselves. He
questioned why the date needed to be changed.
Ms. O'Dell clarified that section 2 pertain to the license
requirement. A license cannot be required prior to the
application deadline. The later deadline would allow the
division time to process applications and send
notifications, test new applicants and allow applicants to
pass the test. She noted that licenses are currently being
issued.
Representative John Davies questioned why the requirement to
have a license to be on the board needed to be changed.
MARY SIROKY, LEGISLATIVE LIAISONS, DEPARTMENT OF
ENVIRONMENTAL CONSERVATION, spoke in support of the
legislation. She noted regulations for sanitary standards
have been drafted and have gone through the public process.
Under the legislation, the regulations would be re-noticed
and put through another public process.
TAPE HFC 02 - 76, Side B
Ms. Siroky observed that public notices were published in 9
newspapers; the division sent out 2,500 letters. The fiscal
note would provide funding for public notice in three
newspapers.
CATHERINE REARDON, DIRECTOR, DIVISION OF OCCUPATIONAL
LICENSING, DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT,
provided information on the legislation. She observed that
the Board of Barbers and Hairdressers support the
legislation. The legislation moves forward several sections
of the law from July 1, to December 1, 2002. There is one
board member that has applied for his license and she
anticipates that he will obtain his license prior to July 1,
2002. She explained that grandfather provisions would allow
practitioners who had practiced in the last 44 months to
forego the one-year apprenticeship under a licensed
practitioner. The initial practitioners would only have to
pass the test. A number of persons that have missed the
deadline would be required to meet the apprenticeship
requirement if the deadline is not extended. Approximately
eight persons have received licenses.
In response to a question by Representative Davies, Ms.
Reardon noted that the board member applicant would have to
pass the test before a license would be issued. She did not
think the provision in the legislation would be harmful, but
noted that it could be taken out if there were concerns.
JEFF MARTIN, MATSU, testified via teleconference in support
of the legislation. He did not know of the licensing
requirement until a month after the deadline. He felt
confident that everyone in the industry was now aware of the
legislation. He began his business in April 2001, but has
been tattooing for 15 years.
ANDY KOPLEZENSKI, MATSU testified via teleconference in
support. He has been in the industry for 20 years.
Representative Foster MOVED to report CSHB 443 (L&C) out of
Committee with the accompanying fiscal note. There being NO
OBJECTION, it was so ordered.
CSHB 443 (L&C) was REPORTED out of Committee with a "do
pass" recommendation and with previously published fiscal
note: #1 (DEC).
ADJOURNMENT
The meeting was adjourned at 2:51 PM
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