Legislature(1993 - 1994)

02/04/1994 01:15 PM House JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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               HOUSE JUDICIARY STANDING COMMITTEE                              
                        February 4, 1994                                       
                            1:15 p.m.                                          
                                                                               
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
  Rep. Brian Porter, Chairman                                                  
  Rep. Jeannette James, Vice-Chair   (arrived 1:35 p.m.)                       
  Rep. Pete Kott                     (arrived 1:29 p.m.)                       
  Rep. Gail Phillips                                                           
  Rep. Joe Green                                                               
  Rep. Jim Nordlund                  (arrived 1:28 p.m.)                       
  Rep. Cliff Davidson                (via teleconference)                      
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
  None                                                                         
                                                                               
  OTHER LEGISLATORS PRESENT                                                    
                                                                               
  Rep. Mark Hanley                                                             
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
  *HB 319:  "An Act relating to the training of law                            
            enforcement and corrections officers; to the                       
            establishment of surcharges to be assessed for                     
            violations of certain traffic offenses; creating                   
            the Alaska Police Standards Training Fund; and                     
            providing for an effective date."                                  
                                                                               
            HEARD AND ASSIGNED TO A SUBCOMMITTEE                               
                                                                               
  HJR 48:   Proposing amendments to the Constitution of the                    
            State of Alaska relating to revenues from natural                  
            resources, the Alaska permanent fund, the                          
            appropriation limit and the budget reserve fund;                   
            and providing for an effective date for the                        
            amendments.                                                        
                                                                               
            HEARD AND ASSIGNED TO A SUBCOMMITTEE                               
                                                                               
  WITNESS REGISTER                                                             
                                                                               
  REP. GAIL PHILLIPS                                                           
  Alaska State Legislature                                                     
  Capitol Building, Room 216                                                   
  Juneau, Alaska  99811                                                        
  Phone:  465-2689                                                             
  POSITION STATEMENT:  Prime Sponsor of HB 319                                 
                                                                               
  LADDIE SHAW                                                                  
  Executive Director                                                           
  Alaska Police Standards Council                                              
  P.O. Box 111200                                                              
  Juneau, Alaska  99811                                                        
  Phone:  465-4378                                                             
  POSITION STATEMENT:  Testified in favor of HB 319                            
                                                                               
  RON OTTE                                                                     
  Palmer Police Chief                                                          
  423 S. Valley Way                                                            
  Palmer, Alaska  99645                                                        
  Phone:  745-4811                                                             
  POSITION STATEMENT:  Testified in favor of HB 319                            
                       (via teleconference)                                    
                                                                               
  JACK McDONALD                                                                
  Kodiak Chief of Police                                                       
  217 Lower Mill Bay Rd.                                                       
  Kodiak, Alaska  99615                                                        
  Phone:  486-8000                                                             
  POSITION STATEMENT:  Testified in favor of HB 319                            
                       (via teleconference)                                    
                                                                               
  MARY A. NORDALE                                                              
  P.O. Box 21211                                                               
  Juneau, Alaska  99802                                                        
  Phone:  586-3340                                                             
  POSITION STATEMENT:  Testified against HJR 48                                
                                                                               
  JOHN WILLIAMS, Mayor                                                         
  City of Kenai                                                                
  210 Fidlago                                                                  
  Kenai, Alaska  99611                                                         
  Phone:  283-3104                                                             
  POSITION STATEMENT:  Testified in favor of HJR 48                            
                       (via teleconference)                                    
                                                                               
  VINCE O'REILLY                                                               
  1611 Toyon Way                                                               
  Kenai, Alaska  99611                                                         
  Phone:  283-4846                                                             
  POSITION STATEMENT:  Testified against HJR 48                                
                       (via teleconference)                                    
                                                                               
  JAMES ELSON                                                                  
  P.O. Box 2788                                                                
  Kenai, Alaska  99611                                                         
  Phone:  283-7970                                                             
  POSITION STATEMENT:  Testified in favor of HJR 48                            
                       (via teleconference)                                    
                                                                               
  ROGER CREMO, Attorney                                                        
  425 G Street                                                                 
  Anchorage, Alaska  99501                                                     
  Phone:  277-4531                                                             
  POSITION STATEMENT:  Author of the plan that led to the                      
                       introduction of HJR 48                                  
                       (via offnet from Hawaii)                                
                                                                               
  REP. MARK HANLEY                                                             
  Alaska State Legislature                                                     
  Capitol Building, Room 51                                                    
  Juneau, Alaska  99811                                                        
  Phone:  465-4939                                                             
  POSITION STATEMENT:  Discussed HJR 48 with the committee                     
                                                                               
                                                                               
  PREVIOUS ACTION                                                              
                                                                               
  BILL:  HB 319                                                                
  SHORT TITLE: ALASKA PEACE STNDS TRAINING FUND                                
  SPONSOR(S): REPRESENTATIVE(S) PHILLIPS,MacLean,Sanders,Kott                  
                                                                               
  JRN-DATE    JRN-PG                     ACTION                                
  01/03/94      2010    (H)   PREFILE RELEASED                                 
  01/10/94      2010    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  01/10/94      2010    (H)   JUDICIARY, FINANCE                               
  01/13/94      2054    (H)   COSPONSOR(S):  SANDERS, KOTT                     
  01/19/94      2113    (H)   COSPONSOR(S):  MACLEAN                           
  01/24/94      2140    (H)   FIRST COSPONSOR: MACLEAN                         
  02/04/94              (H)   JUD AT 01:15 PM CAPITOL 120                      
                                                                               
                                                                               
  BILL:  HJR 48                                                                
  SHORT TITLE: RESTRUCTURE PERMANENT FUND                                      
  SPONSOR(S): FINANCE                                                          
                                                                               
  JRN-DATE    JRN-PG                     ACTION                                
  01/11/94      2032    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  01/11/94      2032    (H)   JUDICIARY, FINANCE                               
  02/02/94              (H)   JUD AT 01:15 PM CAPITOL 120                      
  02/04/94              (H)   JUD AT 01:15 PM CAPITOL 120                      
                                                                               
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 94-17, SIDE A                                                           
  Number 000                                                                   
                                                                               
  The House Judiciary Standing Committee was called to order                   
  at 1:23 p.m. on February 4, 1994.  A quorum was present.                     
  Chairman Porter announced that the committee would address                   
  HB 319 first.                                                                
                                                                               
  HB 319 - ALASKA PEACE STANDARDS TRAINING FUND                                
                                                                               
  Number 017                                                                   
                                                                               
  REP. GAIL PHILLIPS, Prime Sponsor of HB 319, gave the                        
  following statement to the committee:                                        
                                                                               
  "Mr. Chairman, members of the committee.  For the record, my                 
  name is Gail Phillips, representing House District 7, and                    
  the prime sponsor of this legislation.  During the past year                 
  I have served as chairman of the Governor's Task Force on                    
  the Contract Jails program.  During our meetings, it was                     
  brought to the task force's attention that no standards for                  
  operational staffing existed within the contract jails                       
  program.  It was learned that some contracts operate with                    
  full-time employees, 24 hours a day, 365 days a year.  Other                 
  operators may have no correctional staff available and                       
  operate by utilizing dispatch staff for jail operations in                   
  addition to their regular dispatch duties.                                   
                                                                               
  "It is commonly recognized that custodial care must be                       
  provided by `professionally' trained correctional staff.                     
  Presently, correctional personnel in these facilities are                    
  not receiving adequate training, and in some instances the                   
  majority of them are using what is called a `correspondence'                 
  course, which is less than adequate for the job that they                    
  are required to perform.                                                     
                                                                               
  "The Alaska Police Standards Council is mandated by statute                  
  to establish and maintain police training programs,                          
  probation and parole officer training programs, and                          
  correctional training program.  With very few exceptions,                    
  funding has been insufficient to allow the Alaska Police                     
  Standards Council to provide statewide training for over                     
  2,500 law enforcement and corrections officers annually.                     
                                                                               
  "I appointed a subcommittee, chaired by Representative                       
  Eileen MacLean, to look into this matter and report back                     
  with their recommendations to the full task force.  The task                 
  force members adopted the subcommittee recommendations on                    
  officer training and staffing of contract jails.  Included                   
  in their report is a recommendation, endorsed by the Alaska                  
  Police Standards Council, to establish a statewide training                  
  fund for law enforcement officials.  Revenues would be                       
  generated by assessing a uniform surcharge against traffic                   
  violations and for the offense of driving while intoxicated.                 
                                                                               
  "The product of our efforts is the legislation we're                         
  considering in committee today.  Mr. Chairman, this                          
  legislation will enable the Alaska Police Standards Council                  
  to function in a manner that will enhance performance and                    
  accountability within the law enforcement and corrections                    
  community.  It is my belief that the law enforcement and                     
  corrections community will be greatly strengthened by having                 
  professionally trained staff.  With the establishment of a                   
  training fund as a predictable funding base, statewide                       
  public safety will benefit overall.                                          
                                                                               
  "Your bill packets contain a position paper prepared by the                  
  Alaska Police Standards Council, a recap of 1993 total                       
  vehicle and traffic offenses with projected revenues and a                   
  detailed list of vehicle and traffic offenses to be assessed                 
  by this legislation.                                                         
                                                                               
  "Mr. Chairman, I do have an amendment to offer to this                       
  legislation that is strictly a housekeeping matter; however,                 
  I know you have people who have signed up to testify via                     
  teleconference and possibly in the audience.  I also note                    
  that the director of the Alaska Police Standards Council,                    
  Laddie Shaw, is also present.  So, I will hold off on the                    
  amendment until their testimony is heard."                                   
                                                                               
  Number 171                                                                   
                                                                               
  LADDIE SHAW, Executive Director, Alaska Police Standards                     
  Council, said he was available to answer questions as needed                 
  regarding HB 319, as Rep. Phillips has covered most of their                 
  needs.                                                                       
                                                                               
  Number 180                                                                   
                                                                               
  REP. PORTER asked Mr. Shaw to stand by while the committee                   
  took testimony from the teleconference network.                              
                                                                               
  Number 187                                                                   
                                                                               
  RON OTTE, Palmer Police Chief, indicated he was representing                 
  all of the Alaska Chiefs of Police as president of the                       
  Alaska Chiefs Association and testified in favor of HB 319.                  
  He said the issue is the deficiency of law enforcement and                   
  corrections training around the state, and the loss of funds                 
  for these areas resulted in the loss of ability to provide                   
  training funds.  Chief Otte indicated that over a period of                  
  time lack of training will be disastrous for both the                        
  correctional portion of law enforcement, as well as the                      
  actual on-line officers.  He added that enactment of this                    
  legislation will relieve communities from constantly having                  
  to tap into their resources to provide this training                         
  support, of which much is mandated by federal, state and                     
  local laws.                                                                  
                                                                               
  Number 263                                                                   
                                                                               
  REP. PORTER asked Chief Otte to explain the difference                       
  between the funds used for in-service training and the                       
  existing basic training that goes on in the state.                           
                                                                               
  Number 269                                                                   
                                                                               
  CHIEF OTTE explained that when a department hires an                         
  officer, there is a state requirement that the officer                       
  complete a minimum amount of entry level training; and for                   
  large departments like the Alaska State Troopers, they                       
  conduct their own academy, but virtually all the rest of the                 
  state rely on one or the other of some of those                              
  organizations and the Alaska Police Standards Council to                     
  conduct entry level training on their behalf.                                
                                                                               
  Number 301                                                                   
                                                                               
  REP. PORTER added that is what the funding from HB 319 is                    
  aimed at, the in-service training portion.                                   
                                                                               
  Number 321                                                                   
                                                                               
  REP. PHILLIPS gave the following statement:                                  
                                                                               
  "Mr. Chairman, I would like to move my amendment at this                     
  time.  As I stated earlier, this is just a housekeeping                      
  matter.  The amendment simply references the rest of the                     
  provisions in AS 28.15.181 that involve court suspensions,                   
  revocations and limitations, and makes them correspond to                    
  the original bill.  The original bill referenced subsections                 
  5 and 8 of 28.15.181, but omitted subsections 3, 6 and 9,                    
  and this amendment would correct that error.                                 
                                                                               
  "Mr. Chairman, it has also been brought to my attention that                 
  there may be some aspects regarding the collection of fines                  
  that need to be ironed out before this bill moves on.                        
  Therefore, I am requesting that you consider placing this                    
  bill in a subcommittee so that we resolve the situation."                    
                                                                               
  Number 338                                                                   
                                                                               
  REP. PORTER asked if there was objection to the amendment.                   
  Seeing none, the amendment E1 dated January 27, 1994, by                     
  Luckhaupt was adopted.  Rep. Porter asked Rep. Phillips to                   
  chair the subcommittee made up of herself and Reps. Nordlund                 
  and Kott, and asked Rep. Phillips to call the subcommittee                   
  together to iron out the difficulties in the acquisition of                  
  these funds through the various systems that exist.                          
                                                                               
  REP. PORTER then asked if JACK McDONALD, Kodiak Chief of                     
  Police, was on-line.  Due to technical difficulties, his                     
  testimony was delayed.                                                       
                                                                               
  Number 469                                                                   
                                                                               
  JACK McDONALD, Kodiak Chief of Police, announced that Rep.                   
  Davidson was also present.  Mr. McDonald testified in favor                  
  of HB 319 and shared some observations with the committee:                   
  that due to the nature of their jobs, citizens of Alaska                     
  expect their officers to be skilled, well-trained in the                     
  performance of their duties, and must be worthy of the trust                 
  they instill.  He stated that the high level of                              
  professionalism we enjoy in the state of Alaska does not                     
  happen automatically, and long-term financial investments                    
  are required to ensure acceptable police officer service.                    
                                                                               
                                                                               
  CHAIRMAN PORTER said the next bill on the agenda was HJR 48.                 
  HJR 48 - RESTRUCTURE PERMANENT FUND                                          
                                                                               
  Number 548                                                                   
                                                                               
  MARY A. NORDALE, a Juneau attorney representing herself,                     
  testified against HJR 48.  She presented a written statement                 
  to the committee for the record.  Ms. Nordale objected to                    
  HJR 48 because it replaces the precision of the language of                  
  Article IX, Section 15 (mineral, with very imprecise                         
  language); it requires taxes, severance and income, to be                    
  deposited into the fund; and it specifies an investment                      
  strategy that, if interpreted correctly, will yield less,                    
  rather than more revenues for the support of government.                     
  She also opposed the resolution because, if adopted, it will                 
  insure that entitlement programs will dominate state                         
  government, it would leave as revenue sources for the                        
  support of general government only incomes taxes, it will                    
  impair the state's credit and will chill natural resource                    
  development.                                                                 
                                                                               
  Number 643                                                                   
                                                                               
  REP. PORTER referred Ms. Nordale to point number four in her                 
  written statement, which states if adopted entitlement                       
  programs would dominate state spending, and asked for her                    
  reasoning on that point.                                                     
                                                                               
  Number 650                                                                   
                                                                               
  MS. NORDALE replied that when you get a very static sum of                   
  money, you get vested interests in the status quo, which is                  
  dominated at this particular time by entitlement programs.                   
  She explained that population growth and inflation increase                  
  those, but they don't change them, so the longer the static                  
  income exists, the more likely the vested interest of the                    
  entitlement programs becomes and you get into a hamstrung                    
  situation.                                                                   
                                                                               
  Number 657                                                                   
                                                                               
  The committee discussed Ms. Nordale's comments.                              
                                                                               
  Number 719                                                                   
                                                                               
  JOHN WILLIAMS, Mayor of Kenai, testified he was representing                 
  the opinions of the City of Kenai, the City of Soldotna, the                 
  City of Homer, and the Kenai Peninsula Caucus, all of whom                   
  have taken a very positive attitude towards HJR 48 and                       
  support of the Cremo plan, or a variation of the plan that                   
  would do basically what the Cremo plan would be expected to                  
  do.                                                                          
                                                                               
  MAYOR WILLIAMS concluded there has to be a change, and the                   
  time for that change is now, and this legislature has the                    
  opportunity to become the developers of a legacy for our                     
  children for years to come; or on the other hand, they can                   
  always go down in history as the wrecking ball that refused                  
  to take the time and opportunity to create a good solid                      
  place for Alaska.  He added that the Cremo plan lays the                     
  groundwork for the creation of that plan.                                    
                                                                               
  TAPE 94-17, SIDE B                                                           
  Number 000                                                                   
                                                                               
  MAYOR WILLIAMS and the committee discussed various aspects                   
  of the Cremo plan.                                                           
                                                                               
  Number 101                                                                   
                                                                               
  VINCENT O'REILLY testified via teleconference from Kenai in                  
  opposition to HJR 48 and supported Ms. Nordale's earlier                     
  testimony.  Mr. O'Reilly acknowledge that the legislature                    
  was faced with a fiscal gap, and said the legislature has a                  
  budget mechanism process that encourages unpredictable                       
  fluctuations of revenue available for appropriation, which                   
  places unbearable pressure on legislators to appropriate                     
  wisely and appropriately, with the result of creating a boom                 
  bust cycle.  Mr. O'Reilly reiterated his objection to HJR 48                 
  and referred to Ms. Nordale's comments.                                      
                                                                               
  Number 241                                                                   
                                                                               
  REP. PHILLIPS said she had a question that would be a big                    
  premise if the legislature is to be successful in doing a                    
  plan such as this, and that is, overall the message                          
  legislators are getting is no new taxes until you cut the                    
  budget, but in order for a plan like this to be successful,                  
  we are going to have to put taxes on it in order to have                     
  enough revenues.  She told Mr. O'Reilly, with the two                        
  conflicting opinions on taxes now, that is going to be one                   
  of the main questions they deal with.                                        
                                                                               
  Discussion regarding taxes and Rep. Phillips comments                        
  ensued.                                                                      
                                                                               
  Number 420                                                                   
                                                                               
  JAMES ELSON, testifying via teleconference from Kenai, said                  
  he has been employed in the private sector for about 25                      
  years and wanted to approach his comments from a different                   
  point of view.  He agreed that another approach to the                       
  budget must be found, but the thing that concerned him is                    
  the nonrenewable resource concept, and that we can put money                 
  from nonrenewable resources in the permanent fund and                        
  nurture it, so it becomes a renewable resource.  Mr. Elson                   
  said his other concern was that whatever the state does                      
  within its own budget has a significant impact on the                        
  private economy.  He said the Cremo plan seems to be the                     
  best option, it may not be the answer, but he urged the                      
  legislature to find some way to stabilize state government                   
  spending.                                                                    
                                                                               
  Number 518                                                                   
                                                                               
  ROGER CREMO, author of the plan that led to introduction of                  
  HJR 48, testified via teleconference and discussed comments                  
  made by Ms. Nordale.  He said he was opposed to using taxes                  
  in the savings fund, but said he found it hard to consider                   
  the type of taxes considered here, but surely a broad tax on                 
  the people, income, sales or property tax have no place in                   
  the fund.  Mr. Cremo indicated he didn't understand the                      
  entitlement points and ruining the state's credit that Ms.                   
  Nordale made and couldn't comment there.                                     
                                                                               
  MR. CREMO discussed HJR 48 at length with the committee.                     
                                                                               
  Number 679                                                                   
                                                                               
  REP. MARK HANLEY, House Finance Committee Vice Chair,                        
  testified that all the questions were good, and they brought                 
  forth a good debate in which to work out a plan.  Rep.                       
  Hanley indicated that he thought the legislature first                       
  needed to look at the current system to see if the                           
  legislature can sustain what it's doing, see if it is a                      
  viable system, and what kind of problems are we going to                     
  arrive at if we continue down this road.                                     
                                                                               
  Rep. Hanley said Ms. Nordale brought up some good points for                 
  discussion, but he doesn't think cash drives resource                        
  development; stability and reasonable regulations drive                      
  development; and let the private sector do the development                   
  and bring in the resources.                                                  
                                                                               
  Rep. Hanley continued, saying he thought the Cremo plan was                  
  a constitutional plan; we could change the constitutional                    
  spending limit, the constitutional budget reserve and a lot                  
  of other things.  He pointed out that a lot of the problems                  
  people have pointed out about the Cremo plan can be                          
  attributed to the current system, and he didn't think that                   
  was a good reason to be extremely critical of it.                            
                                                                               
  Number 780                                                                   
                                                                               
  The committee continued to discuss the testimony regarding                   
  HJR 48.                                                                      
                                                                               
  Number 838                                                                   
                                                                               
  REP. PORTER asked the committee for their consideration of                   
  assigning HJR 48 to a subcommittee to help address the                       
  concerns that have come up and then come back and discuss                    
  the specifics with the full committee.                                       
                                                                               
  TAPE 94-18, SIDE A                                                           
  Number 000                                                                   
                                                                               
  The committee discussed Rep. Porter's suggestion.                            
                                                                               
  Number 104                                                                   
                                                                               
  REP. PORTER appointed Rep. Phillips to chair a subcommittee                  
  on HJR 48 made up of Reps. James, Nordlund and Green.                        
  ADJOURNMENT                                                                  
                                                                               
  CHAIRMAN PORTER adjourned the meeting at 3:15 p.m.                           

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