Legislature(1993 - 1994)
02/04/1994 01:15 PM House JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
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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