Legislature(2003 - 2004)
04/26/2004 08:45 AM House FIN
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* first hearing in first committee of referral
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+ teleconferenced
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HOUSE FINANCE COMMITTEE
April 26, 2004
8:45 A.M.
TAPE HFC 04 - 97, Side A
TAPE HFC 04 - 97, Side B
CALL TO ORDER
Vice Chair Meyer called the House Finance Committee meeting
to order at 8:45 A.M.
MEMBERS PRESENT
Representative John Harris, Co-Chair
Representative Bill Williams, Co-Chair
Representative Kevin Meyer, Vice-Chair
Representative Mike Chenault
Representative Eric Croft
Representative Hugh Fate
Representative Richard Foster
Representative Mike Hawker
Representative Reggie Joule
Representative Carl Moses
Representative Bill Stoltze
MEMBERS ABSENT
None
ALSO PRESENT
Tom Wright, Staff, Representative John Harris; Sue Wright,
Staff, Representative Mike Chenault; Greg O'Claray,
Commissioner, Department of Labor; Guy Bell, Director,
Division of Administrative Services, Department of Labor &
Workforce Development; Carl Rose, Executive Director,
Association of Alaska School Boards, Juneau; Patty Ware,
Director, Division of Juvenile Justice, Department of Health
and Social Services; Ernie Mueller, Alaska Juvenile Justice
Advisory Committee; Darrel Hargraves, Superintendent, Yukon
Flats Schools; Dorothy Adams, President for Yukon Flats
School District
PRESENT VIA TELECONFERENCE
Ethyl Christensen, Alaska Society for the Protection of
Cruelty to Animals (SPCA), Anchorage; Lt. Allen Storey,
Alaska State Troopers, Department of Public Safety,
Anchorage; Ronnie Rosenberg, President, Fairbanks Animal
Fund, Fairbanks; Christine Heintz, Alaska Equine Rescue,
Kenai; Shana Anderson, Shelter Manager, Animal Control
Officer, Valdez
SUMMARY
HB 241 An Act relating to optional exemptions from
municipal property taxes on residential property.
CS HB 241 (FIN) was reported out of Committee with
a "do pass" recommendation and with an
indeterminate note by the Department of Revenue
and zero note #2 by the Department of Community &
Economic Development.
HB 275 An Act relating to veterinarians and animals.
HB 275 was HEARD and HELD in Committee for further
consideration.
HB 427 An Act relating to guardianships and
conservatorships, to the public guardian and the
office of public advocacy, to private professional
guardians and private professional conservators,
to court visitors, court-appointed attorneys,
guardians ad liem, and fiduciaries, and to the
protection of the person or property of certain
individuals, including minors; amending Rules
16(f) and 17(e), Alaska Rules of Probate
Procedure; and providing for an effective date.
HB 427 was WAIVED from Committee.
HB 487 An Act relating to the detention of delinquent
minors in correctional facilities; relating to
emergency detention of minors for evaluation for
involuntary admission for mental health treatment;
relating to detention of intoxicated minors and
minors incapacitated by alcohol or drugs; and
providing for an effective date.
HB 487 was reported out of Committee with
"individual" recommendations and with zero note #1
by the Department of Health & Social Services and
zero note #2 by the Department of Public Safety.
HB 507 An Act providing for and relating to the issuance
of general obligation bonds for the purpose of
paying the cost of design, construction, and major
maintenance of educational facilities; and
providing for an effective date.
HB 507 was placed in Subcommittee consisting of
Representative Harris as Chair and with members
Representative Hawker and Representative Croft.
HB 559 An Act repealing the termination of the state
training and employment program; and providing for
an effective date.
HB 559 was reported out of Committee with a "do
pass" recommendation and with a new zero note by
the Department of Labor & Workforce Development.
HOUSE BILL NO. 241
An Act relating to optional exemptions from municipal
property taxes on residential property.
Representative Chenault MOVED to RESCIND previous action
taken on passing CS HB 241 (FIN) out of Committee in order
to address Amendment #1 dealing with the optional municipal
tax exemption for residences of law enforcement officers
located within certain eligible areas. There being NO
OBJECTION, action was rescinded.
Representative Chenault MOVED to ADOPT work draft #23-
LS0851\U, Cook, 4/23/04, as the version of the legislation
before the Committee, which clarifies the concern. There
being NO OBJECTION, it was adopted.
Representative Chenault explained that under Amendment #1,
an eligible area is one that is eligible for designation as
a special zone or an area under certain federal programs, or
is an area with a statistically higher crime rate. The
federal programs are identified by common names rather than
by citation of federal laws or regulations. The new
language would tie it into the federal program.
Representative Chenault MOVED to report CS HB 241 (FIN) out
of Committee and to use the previous individual
rd
recommendations adopted on the April 23, 2004 meeting.
There being NO OBJECTION, it was so ordered.
CS HB 241 (FIN) was reported out of Committee with a "do
pass" recommendation and with an indeterminate note by the
Department of Revenue and zero note #2 by the Department of
Community & Economic Development.
HOUSE BILL NO. 559
An Act repealing the termination of the state training
and employment program; and providing for an effective
date.
TOM WRIGHT, STAFF, REPRESENTATIVE JOHN HARRIS, stated that
HB 559 would reauthorize the State Training and Employment
Program (STEP), which was established by the Legislature in
1989. In 2002, the Legislature reauthorized the program for
an additional two years. STEP will sunset on June 30, 2004,
without further action. STEP uses a small part of the
employee Unemployment Insurance (UI) tax to fund training
for Alaskan workers. The Department of Labor & Workforce
Development collects the STEP revenues and administers the
program with partner agencies and vendors. The Alaska
Workforce Investment Board is responsible for oversight and
direction.
The STEP program assists Alaskans in moving from
unemployment to work by annually making $4.5 million dollars
available to trainees and training providers in Alaska.
Since inception, 16,000 Alaskan residents have trained under
the STEP program. In FY2003, STEP paid for the training of
1,832 Alaskans. The rate of participants that enter
employment after training is the highest of all State
administered programs at 83.5%. He added that in 1996, the
Legislature made several changes to increase accountability,
cap administrative costs and re-emphasize Alaska hire.
GREG O'CLARAY, COMMISSIONER, DEPARTMENT OF LABOR, offered to
answer questions of the Committee.
GUY BELL, DIRECTOR, DIVISION OF ADMINISTRATIVE SERVICES,
DEPARTMENT OF LABOR & WORKFORCE DEVELOPMENT, offered to
answer questions of the Committee.
Representative Foster MOVED to report HB 559 out of
Committee with individual recommendations and with the
accompanying fiscal note. There being NO OBJECTION, it was
so ordered.
HB 559 was reported out of Committee with a "do pass"
recommendation and with a new zero fiscal note by the
Department of Labor & Workforce Development.
HOUSE BILL NO. 487
An Act relating to the detention of delinquent minors
in correctional facilities; relating to emergency
detention of minors for evaluation for involuntary
admission for mental health treatment; relating to
detention of intoxicated minors and minors
incapacitated by alcohol or drugs; and providing for an
effective date.
PATTY WARE, DIRECTOR, DIVISION OF JUVENILE JUSTICE,
DEPARTMENT OF HEALTH AND SOCIAL SERVICES, explained that in
2002 reauthorization of the Juvenile Justice and Delinquency
Prevention Act (JJDPA) of 1974 went into effect on October
1, 2003. The JJDPA has traditionally prohibited
incarceration of non-offenders and status offenders in adult
jails and "lock-ups". New language in the 2002
reauthorization prohibits the use of juvenile detention
facilities for the non-offenders and status offenders as of
October 1, 2003.
Ms. Ware continued, the bill would modify AS 47.12.240, AS
47.30.705 and AS 47.37.170 to come into compliance with the
federal requirements set out in the Guidance Manual for
Monitoring Facilities Under the Juvenile Justice and
Delinquency Prevention Act of 2003. Under the amendments,
emergency protective custody of minors may not include
placement in a jail or other secured facility. The language
is also found in current law relating to placement of
children in need of aid (CHINA) and has been interpreted by
both State and federal official to provide sufficient
flexibility for holding minors until a more appropriate
facility can be found or until transportation to such a
facility is feasible. The purpose of the bill is to
preserve Alaska's federal formula grant receipts of
approximately $700 thousand dollars and to meet requirement
to apply for other federal money.
Ms. Ware continued that the bill will bring Alaska into
compliance so that emergency protective custody of juveniles
may not include placement in a locked jail or youth facility
when relating to detention of intoxicated minors
incapacitated by alcohol or drugs.
Vice Chair Meyer questioned if the program would cost the
State money. Ms. Ware pointed out that both notes are zero.
Representative Joule asked what the alternative would be in
the smaller communities. Ms. Ware advised that the
Department has been working to determine ways to place
individuals in the Public Safety buildings or in other
secure situations. She pointed out that the State continues
to work with the federal government regarding their
definitions and what is allowable.
Representative Fate pointed out the high percentage of
violations. He asked if there was a cut off point not
retracted. Ms. Ware responded that there are and that the
numbers are highlighted in the handout from the Department.
(Copy on File). She added that Alaska continues to struggle
with the juvenile rule challenge.
ERNIE MUELLER, ALASKA JUVENILE JUSTICE ADVISORY COMMITTEE,
noted that the Governor appoints the Alaska Juvenile Justice
Advisory Committee with members throughout the State. The
mission is to advise the Governor, Legislature and the
Department on matters relating to juvenile justice
throughout the State. He noted that they had been working
with the Division on these bills and that the Committee
endorses HB 487, which is important legislation that will
ensure continued funds for the Division.
LT. ALLEN STOREY, (TESTIFIED VIA TELECONFERENCE), ALASKA
STATE TROOPERS, DEPARTMENT OF PUBLIC SAFETY, commented that
they had been working with Department of Health & Social
Services and Ms. Ware to insure that the Department of
Public Safety is in compliance with the requirements.
Juvenile Justice has made a commitment to work the
Department of Public Safety and the local police departments
to educate them regarding the standard. He commented that
Department of Public Safety supports the legislation.
Representative Foster MOVED to report HB 487 out of
Committee with individual recommendations and with the
accompanying fiscal note.
HB 487 was reported out of Committee with "individual"
recommendations and with zero note #1 by the Department of
Health & Social Services and zero note #2 by the Department
of Public Safety.
HOUSE BILL NO. 275
An Act relating to veterinarians and animals.
REPRESENTATIVE MIKE CHENAULT, SPONSOR, stated that the
Committee would be working from the House Judiciary version
of the legislation.
SUE WRIGHT, STAFF, REPRESENTATIVE MIKE CHENAULT, noted that
two years ago in Sterling, State Troopers, animal rescuers,
veterinarians and office staff witnessed the worst case of
mass animal cruelty in Alaska. Dozens of dogs, some frozen
to the ground, but still alive, were found on a parcel of
land in the Sterling area. Some were locked in an abandoned
bus, some tied to trees and stakes. Recently, police
officer stopped a drunk driver who had his dog tied to the
bumper of his truck. She commented that it is appalling to
find any human being capable of such horror. Many
individuals later convicted of grave crimes are found to
have seriously abused animals at some point in their lives.
Ms. Wright stressed that this is not an issue for partisan
politics, as most people either have pets or have memories
of childhood pets. She noted that learning the
responsibility of caring and providing for another living
being is an important part of becoming an adult.
Ms. Wright provided a sectional analysis of the legislation.
Representative Stoltze referenced Page 6, Lines 12 & 13, and
asked how the provision would affect trapping.
Additionally, he asked if "the defense to a prosecution
under (a)(3)" was the highest threshold of defense. He
wanted to make sure that the legislation would not create
problems for trappers. Ms. Wright responded that the
concern had been discussed with trappers, statewide. She
noted that the intent of the legislation is not to interfere
with commercial trapping.
Representative Stoltze questioned if the Alaska Trapper's
Association had endorsed the legislation. Ms. Wright did
not know if it had been endorsed, but indicated that the
office had worked a long time on the language.
Representative Stoltze pointed out that there is a formal
organization of trappers and that he wanted to know their
stand on the issue.
Representative Joule referenced subsistence trapping. He
understood that the bill was aimed at pets and not wild
animals and recommended that language be added specifically
indicating pets.
Representative Fate echoed concern regarding how the
legislation would affect dog mushers and the fact that
shelter is often not offered along the racing areas. He
inquired if input had been received from that group. Ms.
Wright commented that during the past four years, their
office had worked with both trappers and dog mushers and
that it comes down to a practical interpretation of the law.
The bill attempts to affect only domestic animals.
ETHYL CHRISTENSEN, (TESTIFIED VIA TELECONFERENCE), ALASKA
SOCIETY FOR THE PROTECTION OF CRUELITY TO ANIMALS (SPCA),
ANCHORAGE, pointed out that the only dollar note is the one
from the Public Defender Agency in the Department of
Administration. She countered that the legislation would
save the State money, noting that currently, the courts do
not have the tools to adequately address these crimes.
Vice Chair Meyer inquired how many years had Ms. Christensen
worked with concerns regarding animals. Ms. Christensen
replied that she started the work in 1966.
Vice Chair Meyer referenced Page 6, Line 14, and the cruelty
and unsecured animals in pick-up trucks. He pointed out
that happens a lot throughout the State. Ms. Christensen
commented that it is happening less now and that it is no
longer legal in Anchorage and hoped that more people would
soon be paying close attention to that.
Vice Chair Meyer inquired if Ms. Christensen would like to
see that provision continued to be implemented. Ms.
Christensen responded that she would, as unsecured dogs in
pickups can be a traffic hazard. She concluded testimony
that in Anchorage in 1977 and 1978, the SPCA was killing
1,100 dogs and cats a year; now the average is 183. Vice
Chair Meyer commented that the goal should be that the
shelters are putting down no animals.
RONNIE ROSENBERG, (TESTIFIED VIA TELECONFERENCE), PRESIDENT,
FAIRBANKS ANIMAL SHELTER FUND, FAIRBANKS, discussed the need
for enhanced protection of animals. She indicated that the
shelters support including mandatory reports, to Section 5,
Page 7. Ms. Rosenberg commented that they were disappointed
that the penalty provision for serious abusers had been
removed. She added that it would be a big mistake to exempt
sled dogs and requested that language be added to address
those animals.
Ms. Rosenberg addressed the concern with dogs in pick up
trucks, noting it was in the Title VI portion of the borough
code. The provision works well. She urged that the bill be
passed from Committee and that serious abusers be prosecuted
under a felony statute.
Representative Stoltze questioned who enforces the borough
code. Ms. Rosenberg responded that animal control officers,
who have the authority to issue citations enforce it and
that most people accept that. She added that their group
attempts to educate the public.
Representative Fate referenced Page 2, Lines 18-25, and the
language "somebody who believes that there has been animal
cruelty may file a complaint and may apply for a search
warrant". He thought that language was "murky". Ms.
Rosenberg responded that most complaints to law enforcement
come via a citizen complaint rather than law enforcement out
patrolling. If someone calls in, the officer then has a
duty to do an investigation before it can go any further.
In order to get a search warrant, the officer has to go
before the judicial officer and establish grounds for the
warrant. Ms. Rosenberg pointed out that she did not see the
troopers, registering all the complaints that come in
regarding domestic circumstances. The troopers are used to
responding to complaints about abuse to children and others
and they are well trained in how to respond.
Representative Fate questioned if a complaint could be based
upon a "belief" or would the person filing that complaint
need evidence to support it. Ms. Roseburg advised that
there must be evidence or the Court would not be willing to
issue a warrant.
Co-Chair Williams interjected that the bill would not be
moved from Committee at this time. He requested that the
Committee only take public testimony at this meeting.
CHRISTINE HEINTZ, (TESTIFIED VIA TELECONFERENCE), VOLUNTEER,
ALASKA EQUINE RESCUE, KENAI, testified strong support for
the bill. She questioned how the note from the Alaska
Public Defender had been determined.
SHANA ANDERSON, (TESTIFIED VIA TELECONFERENCE), ANIMAL
CONTROL OFFICIER, SHELTER MANAGER, VALDEZ, referenced Page
2, Lines 11-30, defining who has the authority to determine
what is "cruelty" and to investigate and prosecute the
cruelty. She asked if animal control officers were included
in that.
TAPE HFC 04 - 97, Side B
Ms. Wright understood that animal control officers are
classified in the State of Alaska as Peace Officers and they
do have the authority to investigate. The bill does not
name animal control officers specifically.
Representative Chenault referenced Page 2, Line 18, which
addresses investigation of animal control complaints. Ms.
Anderson did not believe that the animal control officers
were considered peace officers. She stated that she
supports all the language defining what constitutes cruelty;
however, was concerned about areas in the State that do not
have any animal control and how the animal cruelty abides in
those places.
Ms. Anderson added that it is important to include language
regarding when prosecuting cases, animals are taken care of.
Sometimes, the animals are kept as evidence for as long as a
year and someone needs to pay for that service. She
stressed that asking for reimbursement from a county agency
is important. She thought that mandatory reporting was
something that animal control people should be doing. Ms.
Anderson reminded members that domestic violence usually
begins with animal cruelty. She added that the authority to
prosecute and investigate cruelty should not be taken away
from animal control officers as they are professionally
trained in that area.
Co-Chair Harris mentioned for the record that issues
relating to farm animals and livestock must be addressed.
HB 275 was HELD in Committee for further consideration.
HOUSE BILL NO. 507
An Act providing for and relating to the issuance of
general obligation bonds for the purpose of paying the
cost of design, construction, and major maintenance of
educational facilities; and providing for an effective
date.
REPRESENTATIVE MIKE HAWKER, SPONSOR, commented that the bill
was introduced following consultation with the University of
Alaska, recognizing the needs for continued design
construction and expansion for statewide facilities. The
nd
bill is modeled after the 22 Legislature education bond
bill. As structured, HB 507 is a general obligation (G.O.)
bond and would require voter approval. Getting any G.O.
bond on a ballot could be problematic unless there is a
larger package of fiscal legislation. The bill as drafted
contains only a list of University facilities with the
largest item being the integrated science facility in
Anchorage. There are other facilities included.
Representative Hawker pointed out that when originally
introduced, the amounts proposed were brought forward by the
administration of the University. He suggested that part of
the intent of introducing HB 507, is contemplating statewide
K-12 needs.
Co-Chair Williams stated that the bill would be placed into
a Subcommittee consisting of Representative John Harris as
the Chair and with members Representative Hawker and
Representative Croft.
DARREL HARGRAVES, SUPERINTENDANT, YUKON FLATS SCHOOLS, noted
that HB 507 is the only bill with a title that could
incorporate some regular K-12 projects. He stressed that
the Capital Improvement Project (CIP) list prepared by the
Department of Education & Early Development includes
projects that have been scrutinized. He stressed that
these are needed projects.
DOROTHY ADAMS, PRESIDENT FOR YUKON FLATS SCHOOL DISTRICT,
stated that the Arctic Village School is number #5 on the
CIP list. It is a former Bureau of Indian Affairs (BIA)
facility and judged to be inadequate and unsafe for
students. There is heavy oil saturation. The furnace is a
fire hazard due to oil leaks. She noted that the last bond
issue provided sufficient funds to do an architecture design
and it would be best to proceed at this time. The project
would require $182 thousand dollars from the district and
the district is prepared to make that contribution. Ms.
Adams requested that the school's CIP list should be added
to HB 507.
Co-Chair Harris asked if they were aware of SB 283, dealing
with school funding and if they had applied pressure on
their Senator to support that legislation. He pointed out
that there has been a proposal to put in the top ten
projects into that bill. Ms. Adams responded that they have
spoken to their senator and anyone else who would listen.
Representative Hawker clarified that there is both the major
maintenance list and the capital construction list. He
pointed out that their needs are listed in the CIP list.
Mr. Hargraves agreed and noted that he would also support
the major maintenance list, as it is important because it
keeps projects off the CIP list.
CARL ROSE, EXECUTIVE DIRECTOR, ASSOCIATION OF ALASKA SCHOOL
BOARDS, JUNEAU, stated that the Association is considering
how to accomplish tasks that need to be addressed. He put
forward that a couple years ago, they were part of a G.O.
Bond, however, they no longer have the ability to
appropriate for the needs for the State but do have the
ability to bond out over a period of time, taking advantage
of low interest rates. That option appears to be the only
way to address many of the capital and major maintenance
needs. When putting a G.O. bond together, passing the
electorate must be considered. A major appeal package must
be shaped.
Mr. Rose identified projects, noting one on the list where
the well system has failed; in Copper River, the result from
the serious leakage is now dry rot; another project on the
list is a roof system that is in need of serious repair
where the roof is now sagging. That project is listed as #3
with life safety at hand. He urged that each critical issue
on the list be addressed.
Mr. Rose commented that the State must determine how to
fashion a G.O. bond so the critical issues are addressed.
He pointed out the document included in the files, which
educates people regarding the critical needs statewide.
(Copy on File). He advised that the Association supports
the concept of G.O. bonds, as it would be a viable way to
address critical needs. Public schools are the State's
investment and must be protected. Major maintenance must be
addressed in an appropriate fashion to reduce the long-term
need for construction.
Mr. Rose noted that there are a number of items in play at
this time having the Senate dealing with the major
maintenance list. He noted that there are other options
available, however, the end result is, if no action is taken
this year, the problems will become even more exacerbated
and dangerous. He acknowledged that this is also tied to
the fiscal plan and that a G.O. bond is most likely the only
way to address these needs. He offered to work with the
Subcommittee.
HB 507 was HELD in Committee for further consideration.
ADJOURNMENT
The meeting was adjourned at 9:54 A.M.
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