Legislature(1995 - 1996)
04/27/1995 03:05 PM STA
* first hearing in first committee of referral
= bill was previously heard/scheduled
= bill was previously heard/scheduled
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.