Legislature(1995 - 1996)

04/27/1995 03:05 PM STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
             HOUSE STATE AFFAIRS STANDING COMMITTEE                            
                         April 27, 1995                                        
                           3:05 p.m.                                           
                                                                               
                                                                               
 MEMBERS PRESENT                                                               
                                                                               
 Representative Jeannette James, Chair                                         
 Representative Scott Ogan, Vice Chair                                         
 Representative Joe Green                                                      
 Representative Caren Robinson                                                 
 Representative Ed Willis                                                      
                                                                               
 MEMBERS ABSENT                                                                
                                                                               
 Representative Ivan Ivan                                                      
 Representative Brian Porter                                                   
                                                                               
 COMMITTEE CALENDAR                                                            
                                                                               
 HB 241:        "An Act relating to the use of a state candidates              
                campaign account and to assets owned by a state                
                campaign; and providing for an effective date.                 
                                                                               
                PASSED OUT OF COMMITTEE                                        
                                                                               
 * HJR 2:       Proposing amendments to the Constitution of the                
                State of Alaska relating to redistricting and to the           
                length of a regular session, and establishing a                
                unicameral legislature; and providing for an                   
                effective date for each amendment.                             
                                                                               
                PASSED OUT OF COMMITTEE                                        
                                                                               
 CSSB 80(FIN):  "An Act relating to police protection service areas            
                in certain unified municipalities; and to police               
                protection provided by the state in certain                    
                municipal areas.                                               
                                                                               
                HEARD AND HELD                                                 
                                                                               
 * HB 304:      "An Act relating to geographic differentials for the           
                salaries of certain state employees who are not                
                members of a collective bargaining unit; relating to           
                periodic salary surveys and preparation of an annual           
                pay schedule regarding certain state employees;                
                relating to certain state aid calculations based on            
                geographic differentials for state employee                    
                salaries; and providing for an effective date.                 
                                                                               
                SCHEDULED BUT NOT HEARD                                        
 (* First public hearing)                                                      
                                                                               
 WITNESS REGISTER                                                              
                                                                               
 SENATOR STEVE RIEGER                                                          
 Alaska State Legislature                                                      
 State Capitol Building, Room 516                                              
 Juneau, AK 99801-1182                                                         
 Telephone: (907) 465-3879                                                     
 POSITION STATEMENT: Sponsor Statement for SB 80                               
                                                                               
 LIEUTENANT TED BACHMAN, DPS/AST                                               
 Department of Public Safety                                                   
 450 Whittier Street                                                           
 Juneau, AK 99811                                                              
 Telephone: (907) 465-4322                                                     
 POSITION STATEMENT: Testified on SB 80                                        
                                                                               
 PREVIOUS ACTION                                                               
                                                                               
 BILL:  HB 241                                                               
 SHORT TITLE: NO PERSONAL USE OF CAMPAIGN ACCOUNT                              
 SPONSOR(S): REPRESENTATIVE(S) BUNDE,Rokeberg                                  
                                                                               
 JRN-DATE     JRN-PG               ACTION                                      
 03/08/95       642    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 03/08/95       642    (H)   STATE AFFAIRS, FINANCE                            
 03/10/95       713    (H)   COSPONSOR(S): ROKEBERG                            
 04/06/95              (H)   STA AT 08:00 AM CAPITOL 102                       
 04/06/95              (H)   MINUTE(STA)                                       
 04/11/95              (H)   STA AT 08:00 AM CAPITOL 102                       
 04/11/95              (H)   MINUTE(STA)                                       
 04/27/95              (H)   STA AT 08:00 AM CAPITOL 102                       
                                                                              
 BILL:  HJR  2                                                                
 SHORT TITLE: UNICAMERAL LEGISLATURE/SESSION LIMIT                             
 SPONSOR(S): REPRESENTATIVE(S) GREEN,Navarre                                   
                                                                               
 JRN-DATE      JRN-PG              ACTION                                      
 01/06/95        16    (H)   PREFILE RELEASED                                  
 01/16/95        16    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 01/16/95        16    (H)   STA, JUD, FIN                                     
 04/27/95              (H)   STA AT 08:00 AM CAPITOL 102                       
                                                                              
 BILL:  SB  80                                                                
 SHORT TITLE: MUNICIPAL POLICE SERVICES                                        
 SPONSOR(S): SENATOR(S) RIEGER                                                 
                                                                               
 JRN-DATE     JRN-PG               ACTION                                      
 02/09/95       222    (S)   READ THE FIRST TIME - REFERRAL(S)                 
 02/09/95       222    (S)   STA, FIN                                          
 03/02/95              (S)   STA AT 03:30 PM BELTZ ROOM 211                    
 03/02/95              (S)   MINUTE(STA)                                       
 03/03/95       468    (S)   STA RPT  1DP 4NR                                  
 03/03/95       468    (S)   ZERO FISCAL NOTE (DPS #1)                         
 03/27/95              (S)   FIN AT 09:00 AM SENATE FINANCE 532                
 03/28/95              (S)   MINUTE(FIN)                                       
 03/30/95       840    (S)   FIN RPT  CS  2DP 4NR 1AM SAME TITLE               
 03/30/95       840    (S)   PREVIOUS ZERO FN (DPS)                            
 04/10/95       956    (S)   RULES TO CALENDAR  4/10/95                        
 04/10/95       960    (S)   READ THE SECOND TIME                              
 04/10/95       960    (S)   FIN  CS ADOPTED UNAN CONSENT                      
 04/10/95       960    (S)   ADVANCED TO THIRD READING UNAN                    
                             CONSENT                                           
 04/10/95       960    (S)   READ THE THIRD TIME  CSSB 80(FIN)                 
 04/10/95       960    (S)   PASSED Y15 N5                                     
 04/10/95       960    (S)   KELLY  NOTICE OF RECONSIDERATION                  
 03/30/95              (S)   MINUTE(FIN)                                       
 04/10/95              (S)   RLS AT 08:30 AM FAHRENKAMP RM 211                 
 04/10/95              (S)   MINUTE(RLS)                                       
 04/11/95       980    (S)   RECON TAKEN UP - IN THIRD READING                 
 04/11/95       980    (S)   LETTER OF INTENT OFFERED BY HOFFMAN               
 04/11/95       980    (S)   AM 1 TO LETTER OF INTENT ADPTD                    
                             UNAN CON                                          
 04/11/95       980    (S)   (S) ADOPTED LETTER OF INTENT AS                   
                             AMENDED                                           
 04/11/95       981    (S)   PASSED ON RECONSIDERATION                         
                             Y14 N5 E1                                         
 04/11/95       984    (S)   TRANSMITTED TO (H)                                
 04/12/95      1277    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 04/12/95      1277    (H)   STATE AFFAIRS, FINANCE                            
 04/27/95              (H)   STA AT 08:00 AM CAPITOL 102                       
                                                                              
 BILL:  HB 304                                                                
 SHORT TITLE: GEOGRAPHIC PAY DIFFERENTIALS                                     
 SPONSOR(S): RULES BY REQUEST OF THE GOVERNOR                                  
                                                                               
 JRN-DATE    JRN-PG                ACTION                                      
 04/07/95      1174    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 04/07/95      1174    (H)   STA, L&C, FINANCE                                 
 04/07/95      1174    (H)   GOVERNOR'S TRANSMITTAL LETTER                     
 04/07/95      1174    (H)   2 FISCAL NOTES (ADM, GOV-ALL                      
                             DEPT)                                             
 04/20/95              (H)   STA AT 08:00 AM CAPITOL 102                       
 04/20/95              (H)   MINUTE(STA)                                       
 04/25/95              (H)   STA AT 08:00 AM CAPITOL 102                       
 04/25/95              (H)   MINUTE(STA)                                       
 04/27/95              (H)   STA AT 08:00 AM CAPITOL 102                       
                                                                               
                                                                               
 ACTION NARRATIVE                                                              
                                                                               
 TAPE 95-56, SIDE A                                                            
 Number 000                                                                    
                                                                               
 CHAIR JEANNETTE JAMES called a special meeting to order of the                
 House State Affairs Committee at 3:05 p.m., April 27, 1995, and had           
 a quorum with five members present.  Those present at a silent roll           
 call were Representatives Ogan, Green, Robinson, and Willis.                  
 Absent were Representatives Ivan and Porter.                                  
 HB 241 - NO PERSONAL USE OF CAMPAIGN ACCOUNT                                
                                                                               
 CHAIR JAMES noted that the first bill on this agenda was HB 241 and           
 asked if there were any objections to CSHB 241, Version K, as the             
 working document.  There were no objections.                                  
                                                                               
 REPRESENTATIVE CAREN ROBINSON moved the acceptance of CSHB 241,               
 Version K, as the working document.   There being no objections the           
 motion passed.                                                                
                                                                               
 REPRESENTATIVE ROBINSON then moved to pass CSHB 241(STA), Version             
 K, out of committee with individual recommendations.  There were no           
 objections, so the motion passed.                                             
                                                                               
 CHAIR JAMES said, for the record, that Representative Joe Green was           
 there.  She also listed the members present:  Representative                  
 Robinson, Willis, Ogan, Green and James.                                      
                                                                               
 REPRESENTATIVE ROBINSON wished it to be on record that being she              
 was also in HESS and if they needed her vote on a bill there, she             
 might have to leave.   She said if that happened and they needed              
 her back, she would be there.                                                 
                                                                               
 HJR 2 - UNICAMERAL LEGISLATURE/SESSION LIMIT                                
                                                                               
 CHAIR JAMES announced HJR 2, which was the next bill on the agenda            
 and she asked for at least two minutes from Representative Green on           
 this bill, before he had to leave.                                            
                                                                               
 Number 040                                                                    
                                                                               
 REPRESENTATIVE JOE GREEN said this bill passed the body last year             
 late in the session and never got another committee hearing.   This           
 bill goes from a two-body bicameral to a single-body unicameral               
 legislature.   As per the fiscal note there is a significant amount           
 of money to be saved.  More money can be saved that is not shown on           
 the fiscal note, however.  Besides reducing time of session to 90             
 days, plus having only one body, they do away with the duplicity              
 that exists now.   By duplicity he was saying it was not uncommon             
 for both bodies to introduce bills that are much the same, and                
 several committees of reference will work the bill.  At the final             
 hour, the theory is that when one bill goes to the other body it              
 gets there with a track record.   Each body has its own little                
 twist, and they are forever calling conference committees to                  
 resolve these twists, all of which results from committee hearings            
 in both bodies.  His suggestion was that with a unicameral                    
 legislature such as has been in effect in Nebraska for some 50                
 years, they will do away with duplicity that now exists, and it               
 will become a more responsible legislature.  It would eliminate the           
 opportunity to finger point at the body.  This would require that             
 each person who votes for or against a bill would be visible, and             
 this would help the accountability.  Some people ignore bills                 
 thinking the other body will accept or deny it, which is not                  
 accepting responsibility, and he requested the committee vote in              
 favor of it.                                                                  
                                                                               
 Number 096                                                                    
                                                                               
 CHAIR JAMES said she was undecided about this whole process, so she           
 has not made up her mind about HJR 2.  One concern is about going             
 to a unicameral legislature without term limits.  She would not be            
 willing to do that.  If there is only one body with powerful people           
 in it, we are doomed.  Regardless of her concerns she felt                    
 comfortable passing the bill out to the next committee of referral,           
 which was the Judiciary Committee.                                            
                                                                               
 REPRESENTATIVE ROBINSON stated that she loved the concept of this             
 bill, and she said she knew a Senator in Nebraska who convinced her           
 that the unicameral legislature is a good idea.  She had no problem           
 moving the bill, and spoke jokingly of the new capitol building               
 they need to hold a 60-member legislature.                                    
                                                                               
 REPRESENTATIVE ED WILLIS informed the committee that he was not yet           
 sure how he would vote on this bill personally.  He has vacillated            
 on this for years, and said it might be something the people of the           
 state should address.  If it got to the floor of the House, he said           
 he was not sure how he would vote.                                            
                                                                               
 Number 137                                                                    
                                                                               
 REPRESENTATIVE OGAN said he wasn't excited about the bill.   He               
 felt reluctant about it, with all due respect to Representative               
 Green, and it seemed too big to him to blow it out of committee               
 without discussion.   He personally wanted to hear the bill.                  
                                                                               
 REPRESENTATIVE JAMES said if Representative Green wished to have              
 interim meetings on the bill she would be willing to do that in               
 State Affairs.  They would move it on to Judiciary, since that is             
 what they requested, but she would leave it up to the committee.              
                                                                               
 REPRESENTATIVE GREEN stated it would be his desire to have some               
 extensive review, since it is a significant change.  The debate on            
 the pros and cons should be on record.  In the interim, without               
 time constraints, we could set up lengthy, competitive discussions,           
 which he thought should happen.  It should be done, then brought              
 back and sifted through.  There is a tremendous amount of                     
 background, he said.  It will all have to come out.                           
                                                                               
 REPRESENTATIVE ROBINSON made a motion to pass out HJR 2 with                  
 recommendations and attached positive fiscal notes, and also with             
 the understanding that they all believe and want to have the                  
 Judiciary Committee have special hearings on it during the interim,           
 to get full airing of the issue.                                              
                                                                               
 CHAIR JAMES asked if there was any objection to that motion.                  
                                                                               
 REPRESENTATIVE OGAN said he had no objections, as long as it is not           
 going to get waived out of Judiciary.                                         
                                                                               
 REPRESENTATIVE GREEN said he would go on record that he would not             
 want that either.                                                             
                                                                               
 CHAIR JAMES said there being no objections, HJR 2 was moved out of            
 committee.                                                                    
                                                                               
 SB 80 - MUNICIPAL POLICE SERVICES                                           
                                                                               
 Number 217                                                                    
                                                                               
 CHAIR JAMES said we only had a few minutes, but SB 80 would be                
 heard next.  The sponsor, Senator Steve Rieger, was there and she             
 called him forward to present a sponsor statement.  She received a            
 note from her Committee Aide that Anchorage Mayor Mystrom called              
 with strong opposition to this legislation, saying it would create            
 severe damage to public safety.                                               
                                                                               
 SENATOR STEVE RIEGER came before the committee with his sponsor               
 statement, saying that SB 80 is the culmination of a grassroots               
 effort to try to find an interim solution to an ongoing problem in            
 the Anchorage area.  The bill is a measure to allow a citizenry,              
 which has expressed a desire and willingness, to pay for the cost             
 of their public safety protection.  This will have a positive                 
 affect on the Department of Public Safety's operating budget.  It             
 would help every legislator who has public safety enforcement in              
 their area, and it is clearly a local option, and a self-                     
 determination issue and has received a full hearing in the district           
 he represents.  He thought it was a local annexation issue and this           
 was probably the reason for the call from Mayor Mystrom.  Senator             
 Rieger said it does not, in any way, preclude any local annexation            
 issues.  There is inflammatory rhetoric from downtown Anchorage,              
 but he urged the committee to recognize that was not their concern,           
 as state officials.  Their concern was about a local effort, and a            
 desire and willingness to pay, if they should allow it to happen.             
 Senator Rieger said this bill would prevent that from happening.              
                                                                               
 Number 252                                                                    
                                                                               
 CHAIR JAMES asked if this bill passed, if he would have the                   
 authority and wish to pay the Department of Public Safety for                 
 protection, and where the people would come from who would provide            
 the protection.  She asked if they would take people from other               
 areas, which might result in those areas being short of protection.           
                                                                               
 SENATOR RIEGER said additional money would go into the department,            
 which would pay for additional troopers for backup.  Not only would           
 there be no erosion for anybody else's services, this bill would              
 provide an override financially to contribute to the rest of the              
 system.  The additional people put on in public safety would serve            
 as an additional backup if there were a special need anywhere in              
 the state.  There would be a financial and manpower benefit to all            
 areas of the state.                                                           
                                                                               
 Number 265                                                                    
                                                                               
 CHAIR JAMES said she supported this bill when it passed last year.            
 The reason was that it might relate to her area, the Healy area,              
 which needed a trooper.  They had been working to get a trooper               
 there for two years.                                                          
                                                                               
 TED BACHMAN, a Lieutenant with the Alaska State Troopers in                   
 Anchorage, wanted to put on the record that the department strongly           
 opposes this bill, as Mayor Mystrom did.  He had a number of                  
 reasons, and one was that it draws from other areas of the state.             
 The bills says it won't, but it will.  If this bill passes, Mr.               
 Bachman said, they would be under a contractual obligation to                 
 provide a certain number of troopers to particular areas.  They are           
 not under contractual obligation now, to provide positions anywhere           
 else in the state; positions are provided on a management decision            
 basis.  A statement was made that troopers would act as backup for            
 other areas of the state.  This could present problems if an                  
 emergency called troopers out of the contract area.                           
                                                                               
 Number 308                                                                    
                                                                               
 REPRESENTATIVE SCOTT OGAN mentioned being involved in the fire                
 department and asked if they could get a mutual aid agreement with            
 the APD that would cover it.                                                  
                                                                               
 LIEUTENANT BACHMAN answered that he did not know that they would              
 need a mutual aid agreement.   He thought they could get one, but             
 he did not know if he could respond adequately.                               
                                                                               
 CHAIR JAMES queried whether this bill spells out exactly what would           
 be in that contract agreement.  She thought those things could be             
 included in the contractual agreement so it would work for both               
 parties.                                                                      
                                                                               
 LIEUTENANT BACHMAN said that to an extent some of the things could            
 be accounted for, although it says in the bill that "the contract             
 will be for direct services to the contract area."  That was                  
 another point they objected to.  They could not account for the               
 indirect services: for instance, criminal investigation units, drug           
 investigation units, and laboratory services.  All these things               
 would come to the contract area by virtue of the fact that the area           
 was being served by the state troopers.                                       
                                                                               
 CHAIR JAMES thanked Lieutenant Bachman for his statement and said             
 time was running out.  Her feeling was that there were other areas            
 of the state that do not have police powers and might be able to              
 get more police protection by contracting with the state troopers.            
 If they had that opportunity they could have more troopers, and               
 everyone would be better off.                                                 
                                                                               
 Number 343                                                                    
                                                                               
 REPRESENTATIVE ED WILLIS asked where the bill will go next if they            
 passed it out of committee.  He had mixed feelings about it.                  
                                                                               
 CHAIR JAMES determined from the committee that it would go to                 
 Finance.                                                                      
                                                                               
 REPRESENTATIVE WILLIS said he would feel better about it knowing              
 it was going to another committee.  If it got to the floor he                 
 wondered if he would vote for it.  He resented actions being taken            
 outside of the local jurisdiction, and Anchorage is a first class             
 home-ruled city and there are ways to address it.                             
                                                                               
 CHAIR JAMES asked if there was anyone who wanted to move the bill             
 out.                                                                          
                                                                               
 REPRESENTATIVE OGAN said he was having problems with the bill.                
 Public Safety is against it, the mayor is against it, and the                 
 richest area of the state is not willing to pay for its own police            
 protection.                                                                   
                                                                               
 Number 367                                                                    
                                                                               
 REPRESENTATIVE GREEN said he would move to pass the bill out of               
 committee.  He was not sure of its chances, however.                          
                                                                               
 CHAIR JAMES asked if there were any objections.                               
                                                                               
 REPRESENTATIVE OGAN objected.                                                 
                                                                               
 CHAIR JAMES said that since there were only four members present,             
 since Representative Robinson was called to HESS, and one member              
 objected, the bill could not be moved out.                                    
 ADJOURNMENT                                                                   
                                                                               
 CHAIR JAMES adjourned the meeting at 3:25 p.m.                                
                                                                               
                                                                               

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