Legislature(2001 - 2002)

04/02/2002 04:14 PM FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                              MINUTES                                                                                         
                     SENATE FINANCE COMMITTEE                                                                                 
                          April 02, 2002                                                                                      
                              4:14 PM                                                                                         
                                                                                                                                
                                                                                                                                
TAPES                                                                                                                       
                                                                                                                                
SFC-02 # 45,  Side A                                                                                                            
SFC 02 # 45,  Side B                                                                                                            
SFC 02 # 46,  Side A                                                                                                            
                                                                                                                                
CALL TO ORDER                                                                                                               
                                                                                                                                
Co-Chair Pete  Kelly convened the meeting at approximately  4:14 PM.                                                            
                                                                                                                                
PRESENT                                                                                                                     
                                                                                                                                
Senator Dave Donley, Co-Chair                                                                                                   
Senator Pete Kelly, Co-Chair                                                                                                    
Senator Jerry Ward, Vice Chair                                                                                                  
Senator Lyda Green                                                                                                              
Senator Gary Wilken                                                                                                             
Senator Lyman Hoffman                                                                                                           
Senator Donald Olson                                                                                                            
Senator Alan Austerman                                                                                                          
Senator Loren Leman                                                                                                             
                                                                                                                                
Also  Attending:  SENATOR  BEN  STEVENS;  CANDACE   BROWER,  Program                                                          
Coordinator, Office of  the Commissioner, Department of Corrections;                                                            
JANE  WINEGAR,  Staff   to  Senator  Lyda  Green;  GORDY   WILLIAMS,                                                            
Legislative Liaison, Office  of the Commissioner, Department of Fish                                                            
and Game; ROBERT BUTTCANE,  Legislative & Administrative Liaison and                                                            
Juvenile   Probation   Officer,  Division   of   Juvenile   Justice,                                                            
Department  of Health and  Social Services;  MARY JACKSON,  Staff to                                                            
Senator  John Torgerson;  JEFF  OTTESEN, Statewide  Planning  Chief,                                                            
Division  of Statewide Planning,  Department  of Transportation  and                                                            
Public Facilities; KRISTY TIBBLES, Staff to Senator Ben Stevens                                                                 
                                                                                                                                
Attending  via  Teleconference:  From  Anchorage:   BRUCE  RICHARDS,                                                          
Special  Assistant,  Office  of  the  Commissioner,   Department  of                                                            
Corrections;   TIM   ROGERS,   Legislative   Program   Coordinator,                                                             
Municipality  of  Anchorage;  From Offnet  Sites:  WILLIAM  GILBODI,                                                            
President, Gragil  Associates, Inc.; LINDA WILSON,  Deputy Director,                                                            
Public Defender Agency, Department of Administration                                                                            
                                                                                                                                
SUMMARY INFORMATION                                                                                                         
                                                                                                                                
SB 223-PRISONERS: PAROLE/GOOD TIME                                                                                              
                                                                                                                                
The Committee  heard testimony from  the Department of Corrections,                                                             
adopted a new fiscal note, and reported the bill from Committee.                                                                
                                                                                                                                
SB 97-PROBATION AND PAROLE FEES                                                                                                 
                                                                                                                                
The Committee  heard testimony from  the sponsor, the Department  of                                                            
Administration,  and  a  private  accounts   receivable  company.  A                                                            
committee  substitute  was  adopted,  and  the  bill  reported  from                                                            
Committee.                                                                                                                      
                                                                                                                                
SB 205-CONTROL OF NUISANCE WILD ANIMALS                                                                                         
                                                                                                                                
The Committee  heard testimony from  the sponsor and the  Department                                                            
of Fish and Game. The bill reported from Committee.                                                                             
                                                                                                                                
SB 59-FEDERAL FUNDS TO MUNICIPALITIES FOR ROADS                                                                                 
                                                                                                                                
The Committee heard testimony  from the Department of Transportation                                                            
and  Public  Facilities  and  the  Municipality  of  Anchorage.  Two                                                            
amendments  and an amendment  to an amendment  were considered  with                                                            
one amendment being adopted. The bill reported from Committee.                                                                  
                                                                                                                                
SB 282-ALASKA SEAFOOD MARKETING INSTITUTE/TAX                                                                                   
                                                                                                                                
The Committee  heard from  the sponsor, considered  and adopted  one                                                            
amendment, and reported the bill from Committee.                                                                                
                                                                                                                                
[NOTE:  Portions of  this meeting  are difficult  to  hear due  to a                                                            
malfunction in the sound system.]                                                                                               
                                                                                                                                
                                                                                                                                
      CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 223(JUD)                                                                    
     "An  Act  limiting  the  award of  good  time  and restricting                                                             
     release  on  mandatory  parole for  prisoners  serving  certain                                                            
     sentences  who  fail  to  attain  certain  minimum educational                                                             
     standards;   providing  that   prisoners  having  attained   or                                                            
     attaining those educational  standards receive good time awards                                                            
     and availability  of release  on mandatory parole of  one-third                                                            
     of  the  term or  terms  of imprisonment   rounded off  to  the                                                            
     nearest day; and providing for an effective date."                                                                         
                                                                                                                                
                                                                                                                                
This was  the second  hearing for  this bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
Co-Chair  Donley  informed  the Committee  that  the  Department  of                                                            
Corrections'  new fiscal note,  dated March  22, 2002, reflects  the                                                            
potential  savings and costs  associated with  this legislation.  He                                                            
stated that the  fiscal note's "extensive" fiscal  analysis is based                                                            
on the State's best estimate  of the average cost of housing inmates                                                            
combined  with data  gathered  from  similar programs  operating  in                                                            
other  states. He  voiced  support "for  this  conservative"  fiscal                                                            
analysis,   and  expressed  that   implementation  of  the   General                                                            
Education Development (GED)  program could produce savings extending                                                            
beyond  the amounts  specified in  the note,  as research  indicates                                                            
that released  inmates who have earned  their GED commit  less crime                                                            
than those  who have not. He stressed  that a reduction in  the rate                                                            
of recidivism  would produce significant savings to  the citizens of                                                            
the State, and  he opined that additional savings  would be incurred                                                            
by the "multiplier effect"  whereby inmates who refuse to earn their                                                            
GED would  not be  granted the full  early release  as specified  in                                                            
State statute; and therefore  would not be "back out on the streets"                                                            
committing further criminal activity.                                                                                           
                                                                                                                                
Co-Chair  Donley  offered  a  motion  to  adopt  the  Department  of                                                            
Corrections $60,300 fiscal note, dated March 22, 2002.                                                                          
                                                                                                                                
Co-Chair Kelly objected for fiscal note clarification.                                                                          
                                                                                                                                
Co-Chair Donley identified the fiscal note for the Committee.                                                                   
                                                                                                                                
Co-Chair Kelly withdrew the objection.                                                                                          
                                                                                                                                
Senator Hoffman stated  that this bill specifies that the full "good                                                            
time"  early  release sentence  reduction  would  be  applicable  to                                                            
inmates who  earn their  GED; however, he  asked whether  additional                                                            
expenses would  be incurred by housing  inmates, who refuse  or fail                                                            
to earn their GED, for longer periods of time.                                                                                  
                                                                                                                                
Co-Chair Donley  stated that analysis  included within the  original                                                            
Executive branch fiscal note provides that information.                                                                         
                                                                                                                                
Senator Hoffman asked the specifics of the original fiscal note.                                                                
                                                                                                                                
Co-Chair  Donley  explained that  the  fiscal note  calculates  that                                                            
approximately  35  percent,  or  70  inmates,  of  the  200  inmates                                                            
incarcerated  each  year  would  possess   a  high  school  diploma;                                                            
therefore,  approximately 130  inmates would  be subject to  the GED                                                            
requirement.   He  elaborated  that  the  analysis  estimates   that                                                            
approximately  eight percent,  or ten inmates,  of the 130  would be                                                            
incapable  of achieving their  GED, and therefore,  would be  exempt                                                            
from the requirement.  He furthered that another nine  inmates would                                                            
be excluded from the requirement  because they do not speak English;                                                            
therefore,  he  concluded,  111  inmates  would be  subject  to  the                                                            
requirement on an annual basis.                                                                                                 
                                                                                                                                
Co-Chair Donley furthered  that expenses associated with the program                                                            
would  include:  providing  for tutors;  conducting  assessments  of                                                            
incoming  inmates;   and  determining  the  costs  associated   with                                                            
expanding the  program to allow other inmates to earn  their GED. He                                                            
stated  that, annually,  approximately  sixteen of  the 200  inmates                                                            
would  fail or refuse  to earn  the GED.  He detailed  that the  new                                                            
fiscal  note incorporates  the program  expenses  with the  expected                                                            
program savings  to produce, initially, a net increase  of $60,000 a                                                            
year. He stated that these  projections include the costs associated                                                            
with housing inmates who  do not qualify for early release; however,                                                            
he reiterated,  this  increase  might be  offset by  a reduction  in                                                            
crime.                                                                                                                          
                                                                                                                                
Senator Hoffman  specified that, initially, the program  would incur                                                            
additional  annual  costs  of $60,300;  however,  the  amount  would                                                            
increase to approximately $107,000 in subsequent years.                                                                         
                                                                                                                                
Co-Chair  Donley  concurred.  He reminded  the  Committee  that  the                                                            
number of recidivism  cases is an average of the data  garnered from                                                            
the states of Florida and Alabama that have similar programs.                                                                   
                                                                                                                                
Co-Chair Kelly summarized  that the net amount of the fiscal note is                                                            
based on  cost estimations  from the Department  of Corrections  and                                                            
information from the two identified states.                                                                                     
                                                                                                                                
Senator Olson asked whether data is available from other states.                                                                
                                                                                                                                
Co-Chair Donley responded  that these are the only states that could                                                            
supply critical data regarding  the success rate of the GED program.                                                            
                                                                                                                                
Without  objection,   the  fiscal   note  from  the  Department   of                                                            
Corrections was ADOPTED.                                                                                                        
                                                                                                                                
CANDACE BROWER, Program  Coordinator and Legislative Liaison, Office                                                            
of  the  Commissioner,   Department  of  Corrections   informed  the                                                            
Committee  that 147 State  inmates voluntarily  earned their  GED in                                                            
2001,  which, she  expressed, attests  that the  Department  already                                                            
encourages inmates to continue  their education. She argued that the                                                            
State's recently  revised GED test  is "normed" against high  school                                                            
graduates,  and  the fact  that  30  percent  of those  high  school                                                            
graduates failed  the exam, is cause for concern as,  she countered,                                                            
this might place inmates at a disadvantage.                                                                                     
                                                                                                                                
Ms. Brower expressed that  although the GED requirement is optional,                                                            
but encouraged,  in Florida, earning  the GED is mandatory  in order                                                            
for the  inmate to qualify  for the Florida's  "good time"  sentence                                                            
reduction.  She asserted  that monitoring  the requirements  of this                                                            
legislation  would  place additional  burdens  on  the Department's                                                             
resources.                                                                                                                      
                                                                                                                                
BRUCE  RICHARDS,  Special  Assistant,  Office  of  the Commissioner                                                             
Department  of  Corrections,   testified  via  teleconference   from                                                            
Anchorage to  voice that Alaska's  prison population is "at  an all-                                                            
time high"  and is continuing to grow.  He stressed that  basing the                                                            
fiscal  note's recidivism  rate  on the  statistics  of Florida  and                                                            
Alabama might not be the  best methodology to use in calculating the                                                            
amount of money  that would be required  to pay for housing  inmates                                                            
who fail to earn their GED.                                                                                                     
                                                                                                                                
Senator Hoffman asked how  the State is addressing the rising prison                                                            
population  situation.  He noted that,  while  this bill  encourages                                                            
inmates  to further  their education  in order to  qualify for  more                                                            
jobs, the bill  could also harm the  prison population situation  by                                                            
mandating longer  periods of incarceration  for inmates who  fail to                                                            
earn their GED.                                                                                                                 
                                                                                                                                
Mr. Richards affirmed that  Alaska is one of five or six states with                                                            
an increasing prison population,  and he noted that although Alaskan                                                            
inmates  historically  serve  66 percent  of  their  sentenced  time                                                            
compared  to 85  percent  of the  sentenced  time in  other  states,                                                            
Alaskan  inmates  stay  in prison  longer  because  of  the  State's                                                            
"stiffer sentencing."  He stated he could not provide  a solution to                                                            
the situation.                                                                                                                  
                                                                                                                                
Co-Chair Donley  commented that recent  United States Department  of                                                            
Justice statistics  indicate that Alaska's rate of  incarceration is                                                            
below the national  average; therefore,  he stated, "even  if we had                                                            
an increase,  we're  still right  in the  middle  compared to  other                                                            
states  as far as  the rate of  population  being incarcerated."  He                                                            
acknowledged;  however, that this  information does not address  the                                                            
Department's growing prison population concern.                                                                                 
                                                                                                                                
Senator  Hoffman  commented that  Alaska  Natives comprise  a  large                                                            
segment  of the  State's  prison population,  and  consequently,  he                                                            
surmised that  of those incarcerated,  "that a higher percentage  of                                                            
Alaska Natives  are going  to be the ones  that do not have"  a high                                                            
school degree.                                                                                                                  
                                                                                                                                
Mr. Richards replied that  Alaska Natives comprise 37 percent of the                                                            
total prison  population, and he noted  that some of them  "have the                                                            
added difficulty"  of such things  as English as a second  language.                                                            
However,  he noted, the  bill contains a  provision addressing  this                                                            
concern.                                                                                                                        
                                                                                                                                
Senator  Hoffman  argued  that  this  provision   is  applicable  to                                                            
individuals  who do not speak English;  however, excludes  those for                                                            
whom English is a second language.                                                                                              
                                                                                                                                
Co-Chair  Donley  clarified  that  Section  2(A)(iii)  of  the  bill                                                            
specifies  that individuals  for whom English  is not their  primary                                                            
language are exempt from the GED requirement.                                                                                   
                                                                                                                                
Senator Hoffman stated that this language addresses his concern.                                                                
                                                                                                                                
Ms.  Brower reiterated  that  the growth  of the  prison  population                                                            
presents a problem to the  Department because the State continues to                                                            
enact   laws   that  perpetuate   the   population   by   increasing                                                            
incarceration  sentences.  She expressed that  insufficient  funding                                                            
prevents the Department  from adequately addressing  the increase in                                                            
inmate population, which  she contended is reaching "critical mass."                                                            
                                                                                                                                
Ms. Brower contended  that, while "education is a  serious component                                                            
in the rate of recidivism,"  the State must address the serious drug                                                            
and alcohol problem  that acts as a counter-measure  to the benefits                                                            
derived from an education.                                                                                                      
                                                                                                                                
Co-Chair  Kelly interjected  that  while there  are  a multitude  of                                                            
issues  that  this   bill  does  not  address,  enactment   of  this                                                            
legislation would not harm the situation.                                                                                       
                                                                                                                                
Senator  Ward asked  the number  of inmates  in  the State's  prison                                                            
system.                                                                                                                         
                                                                                                                                
Mr. Richards  responded that the State's  current prison  population                                                            
consists of approximately 4,900 people.                                                                                         
                                                                                                                                
Senator Ward  remarked that the State  spends more money  to address                                                            
the educational  needs of small northern  rural areas, with  minimal                                                            
results from  its investments, than  it spends for education  in the                                                            
Kenai  Peninsula.  He  stated   that  these  poor  results  are  not                                                            
necessarily the  government's fault as, he asserted,  responsibility                                                            
starts with  parents. He  opined that if students  do not receive  a                                                            
"proper education," many would end up in prison.                                                                                
                                                                                                                                
Senator Ward contended  that this bill "is a good step" in providing                                                            
individuals  with a tool  to start taking  responsibility for  their                                                            
own actions,  and that a reduction  in the rate of recidivism  would                                                            
result  in  substantial  savings  for  the  State.  He  voiced  that                                                            
providing  incarcerated individuals  with the  ability to achieve  a                                                            
level of higher education  would provide them with an opportunity to                                                            
become responsible  citizens and stay out of jail.  He stressed that                                                            
"the common  thread between every  inmate" is that they want  to get                                                            
out of  jail, and  they would  do whatever  is necessary,  including                                                            
earning  their GED,  to accomplish  that  goal. He  summarized  that                                                            
"this is a very good bill."                                                                                                     
                                                                                                                                
Co-Chair Donley  moved to report the "CS for Sponsor  Substitute for                                                            
SB 223, Judiciary,  with accompanying adopted Senate  Finance fiscal                                                            
note from Committee with individual recommendations."                                                                           
                                                                                                                                
Senator Hoffman  objected, and stated  that this bill's reversal  of                                                            
the  current  "good  time"  sentence  reduction  combined  with  the                                                            
requirement   that  inmates  earn   their  GED  appears   to  be  "a                                                            
punishment."  He continued  that many  people might  not be able  to                                                            
earn their GED and this  would cause them "to be more frustrated and                                                            
possibly  feel  more inferior  as  they  are  left behind,"  and  he                                                            
questioned  how this would affect  this person when he is  "back out                                                            
on  the street."  He stated  that  while this  bill  might be  "well                                                            
intentioned, it's going  the wrong direction," and, he stressed that                                                            
the focus should be placed  on enabling the State's education system                                                            
to provide the  means "along the way, without the  loss of the 'good                                                            
time' sentence reduction."                                                                                                      
                                                                                                                                
Co-Chair Donley  commented that these concerns are  addressed in the                                                            
newly adopted fiscal note  as it includes funding to assess inmate's                                                            
circumstances.  He argued  that  provisions within  the legislation                                                             
would  allow the  Department's  Commissioner to  exempt individuals                                                             
from the bill's  educational requirements, and he  asserted that the                                                            
bill  provides safeguards  to protect  individuals  who demonstrate                                                             
effort,  but who  are unable  to earn  their  GED as  well as  those                                                            
individuals  who simply do not have  the physical or mental  ability                                                            
to achieve their GED.                                                                                                           
                                                                                                                                
Senator  Hoffman spoke to  the Department  of Correction's  analysis                                                            
that the prison  population is at  critical mass. He stated  that he                                                            
would "be more comfortable"  with this legislation if an increase in                                                            
prison facilities  and a reduction in the ratio of  correction staff                                                            
to criminals were being actively pursued by the State.                                                                          
                                                                                                                                
Senator Ward agreed  that the overcrowding situation  in the State's                                                            
prisons must  be addressed; however,  he stressed that education  is                                                            
the  tool to  keeping  people out  of prisons.  He  reiterated  that                                                            
inmates would  exert effort to earn their GED if it  enabled them to                                                            
get  out  of  prison,  and  that  society,   in  general,  would  be                                                            
supportive  of this endeavor.  He reiterated  that the Commissioner                                                             
would   have  the   authority  to   exempt  individuals   from   the                                                            
requirements,  and he stressed that  this legislation would  produce                                                            
positive results.                                                                                                               
                                                                                                                                
Co-Chair Donley  remarked that it would be a minimum  of three years                                                            
before any "potential,  possible" increase in the  prison population                                                            
would occur as a result  of the enactment of this bill. He furthered                                                            
that there is sufficient  time for the Legislature and the Executive                                                            
Branch to continue  efforts to provide  for additional correctional                                                             
facilities.                                                                                                                     
                                                                                                                                
Senator  Olson  asked the  percentage  of  inmates who  suffer  from                                                            
learning  disabilities  caused  by  such  things  as  Fetal  Alcohol                                                            
Syndrome.                                                                                                                       
                                                                                                                                
Co-Chair   Donley   stated   that   the   fiscal   note   identifies                                                            
approximately  18 percent of the prison  population as having  these                                                            
types   of  learning   disabilities.   He  reiterated   that   these                                                            
individuals would be exempt from the educational requirements.                                                                  
                                                                                                                                
Senator Olson asked how  many of the 147 individuals who voluntarily                                                            
earned their GED were Alaska Natives.                                                                                           
                                                                                                                                
Ms. Brower responded that  this information would be provided to the                                                            
Committee.                                                                                                                      
                                                                                                                                
A roll call was taken on the motion.                                                                                            
                                                                                                                                
IN  FAVOR: Senator  Green,  Senator  Leman, Senator  Olson,  Senator                                                            
Ward, Senator  Wilken, Senator Austerman, Co-Chair  Donley, Co-Chair                                                            
Kelly                                                                                                                           
                                                                                                                                
OPPOSED: Senator Hoffman                                                                                                        
                                                                                                                                
The motion PASSED (8-1)                                                                                                         
                                                                                                                                
CS for  SS  SB 223  (JUD) was  REPORTED from  Committee  with a  new                                                            
$60,300 fiscal  note, dated  March 22, 2002  from the Department  of                                                            
Corrections.                                                                                                                    
                                                                                                                                
                                                                                                                                
     SENATE BILL NO. 97                                                                                                         
     "An Act relating to fees for probation and parole."                                                                        
                                                                                                                                
                                                                                                                                
This was  the second  hearing for  this bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
Senator Ward,  the bill's sponsor,  explained that this legislation                                                             
was initially  heard by the  Committee during  the first session  of                                                            
the Twenty-Second  Legislature;  however,  he stated,  the bill  was                                                            
held in Committee in order  to determine how many states charge fees                                                            
to individuals  on probation or parole; to determine  fee collection                                                            
methods; and to determine the cost of administering the program.                                                                
                                                                                                                                
Senator Ward  informed the Committee  that Alaska is the  lone state                                                            
not charging  probation and parole  fees, and he commented  that the                                                            
proposed committee substitute  contains a provision that would allow                                                            
the State  to contract  with a private  business  to manage  the fee                                                            
collection process.                                                                                                             
                                                                                                                                
WILLIAM GILBODI,  President, Gragil Associates, Inc.  testified from                                                            
an offnet site  and informed the Committee  that the company,  which                                                            
is  an accounts-receivable   management  firm located  in  Rockland,                                                            
Massachusetts, has been  managing the billing and collecting of fees                                                            
for the state of Vermont,  Department of Corrections, since 1997. He                                                            
explained  that the  company's contract  with  Vermont provides  for                                                            
such   things   as:  supervision   fees;   victim   assistance   and                                                            
compensation;  victim restitution; transportation;  and general fund                                                            
fines.  He  stated  that  the  contract   includes  a  13.3  percent                                                            
contingency  fee that  is charged  to the individuals  on  probation                                                            
rather than to  the state. He explained that the contingency  fee is                                                            
added to  the monthly fees  of the probationer,  and if the  monthly                                                            
fee  is paid  within 30  days  of receipt,  the contingency  fee  is                                                            
waived. He stated that  the actual fee cost to probationers averages                                                            
approximately nine percent.                                                                                                     
                                                                                                                                
Senator Ward asked the  testifier to explain the process whereby the                                                            
company is authorized  to attach probationers' tax  refunds for non-                                                            
payment of fees.                                                                                                                
                                                                                                                                
Mr. Gilbodi informed the  Committee that this is the first year that                                                            
authorization  was granted to attach probationer's  tax refunds, and                                                            
he attested the process has been successful.                                                                                    
                                                                                                                                
Senator  Ward  avowed  that,  were  this  legislation  enacted,  the                                                            
State's  delinquent balances  could be collected  through  attaching                                                            
probationers' Permanent Fund Dividends.                                                                                         
                                                                                                                                
Senator Ward asked  the testifier whether the collection  process is                                                            
working well in the state of Vermont.                                                                                           
                                                                                                                                
Mr. Gilbodi  informed  the Committee  that Vermont's  2001  recovery                                                            
rate was 70 percent,  and he reported that the recovery  rate should                                                            
increase  as a  result of  the authorization  to  attach Income  Tax                                                            
Refunds for delinquent  balances. He furthered that  the company has                                                            
recently implemented  a credit bureau  reporting system that  should                                                            
provide additional recovery rate increases.                                                                                     
                                                                                                                                
Senator Ward  informed the Committee  that the Alaska Department  of                                                            
Corrections  has  a  current  successful   collection  rate  of  ten                                                            
percent.                                                                                                                        
                                                                                                                                
Co-Chair Donley  reminded the Committee that representatives  of the                                                            
Executive  Branch  recently  testified  to the  Committee  that  the                                                            
State's  collection rate  is approximately  30 percent. He  declared                                                            
that  he  considers  this  number  to  be  "extremely  low"  as  the                                                            
Department  is  authorized  to attach  individuals'  Permanent  Fund                                                            
Dividends.   He  asserted  that  the   successful  collection   rate                                                            
demonstrated by the testifier's  company affirms that the collection                                                            
rate  should be  higher, and  he suggested  that  perhaps a  private                                                            
institution rather than  the Department of Corrections could provide                                                            
better collection management.                                                                                                   
                                                                                                                                
Senator Ward stated that  the testifier's company, and others, would                                                            
submit proposals were this legislation enacted.                                                                                 
                                                                                                                                
Co-Chair  Kelly   reminded  the  Committee  that  the   Version  "C"                                                            
committee substitute  has not yet  been adopted as a working  draft.                                                            
                                                                                                                                
                                                                                                                                
SFC 02 # 45, Side B 05:02 PM                                                                                                    
                                                                                                                                
                                                                                                                                
AT EASE 5:02 PM /5:06 PM                                                                                                        
                                                                                                                                
LINDA WILSON,  Deputy Director, Public  Defender Agency,  Department                                                            
of Administration,  testified  from an offnet  site to express  that                                                            
the  bill  mandates   the  establishment  of  separate   parole  and                                                            
probation  fees,  and  she  stressed  that  this  would  require  an                                                            
individual,  on parole  and probation  at  the same  time, to  incur                                                            
duplicate  fees. She  asked  the Committee  to address  whether  the                                                            
intent of the legislation  is to collect dual fees, and she detailed                                                            
situations  wherein a person could  be simultaneously on  parole and                                                            
probation,  yet report to a single  probation officer. She  stressed                                                            
that the proposed  language would  result in duplication  of efforts                                                            
that would  negatively affect  the Courts,  the individual,  and the                                                            
Parole  Board. She urged  the Committee  to revise  the language  to                                                            
specify  that  a single  fee  would  apply to  individuals  in  this                                                            
situation.                                                                                                                      
                                                                                                                                
Senator Ward stated  that the bill currently contains  mechanisms to                                                            
safeguard against the testifier's  valid concern; however, the Court                                                            
could  decide that  dual fees  were necessary.  He  added that  some                                                            
states charge  up to 26 different  fees to individuals on  probation                                                            
or parole,  primarily, he continued,  as a means to offset  the cost                                                            
of providing parole and probationary programs.                                                                                  
                                                                                                                                
AT EASE 5:10 PM / 5:17 PM                                                                                                       
                                                                                                                                
Co-Chair Kelly announced that this bill would be SET ASIDE and re-                                                              
addressed later in the meeting.                                                                                                 
                                                                                                                                
                                                                                                                                
     CS FOR SENATE BILL NO. 205(RES)                                                                                            
     "An Act relating to control of nuisance wild animals; and                                                                  
     providing for an effective date."                                                                                          
                                                                                                                                
                                                                                                                                
JANE WINEGAR,  Legislative Aide to Senator Lyda Green,  explained to                                                            
the Committee that this  bill authorizes the Alaska Board of Game to                                                            
adopt regulations allowing  for the issuance of permits and licenses                                                            
to commercial and non-commercial  entities to control nuisance small                                                            
birds and mammals.  She explained that this legislation  would allow                                                            
a homeowner who is having  a problem with, for example, a porcupine,                                                            
to either personally  remove the animal or hire a  commercial entity                                                            
to remove  it. She continued  that the bill  would also provide  the                                                            
Department  of Transportation and  Public Facilities with  the means                                                            
to remove such things as  nuisance beavers from culverts during road                                                            
construction projects.                                                                                                          
                                                                                                                                
Senator Austerman  asked whether this bill would provide  protection                                                            
from seagulls that present problems around airports.                                                                            
                                                                                                                                
Ms. Winegar  stated  that endangerment  from birds  is addressed  in                                                            
other statutes such as the Migratory Act.                                                                                       
                                                                                                                                
GORDY WILLIAMS,  Legislative  Liaison, Office  of the Commissioner,                                                             
Department   of  Fish  and  Game,   explained  that  public   safety                                                            
authorizations currently  address situations pertaining to birds and                                                            
other wildlife  at airports, as the  issue is a public safety  issue                                                            
rather than a nuisance issue.                                                                                                   
                                                                                                                                
Mr.  Williams  explained  that  the original  version  of  the  bill                                                            
authorized  the Department  of  Fish and  Game to  issue permits  to                                                            
commercial  entities for  dealing with nuisance  animals and  birds;                                                            
however,  he clarified,  the proposed committee  substitute  expands                                                            
the authorization to allow  the issuance of permits to private, non-                                                            
commercial entities.                                                                                                            
                                                                                                                                
Senator Austerman  asked for clarification regarding  who authorizes                                                            
the permits.                                                                                                                    
                                                                                                                                
Mr.  Williams  stated  that  Section 4  of  the  proposed  committee                                                            
substitute  specifies that  the Commissioner  of  the Department  of                                                            
Fish and Game  could issue permits, without cost,  to non-commercial                                                            
entities   such  as   individuals   or  the   State  Department   of                                                            
Transportation and Public Facilities.                                                                                           
                                                                                                                                
Senator  Austerman asked  if the  Department  of Transportation  and                                                            
Public Facilities currently  applies for permits to handle the issue                                                            
of bird control at airports.                                                                                                    
                                                                                                                                
Mr. Williams responded  that this is correct; however, he reiterated                                                            
that  bird control  at  airports is  considered  to be  a matter  of                                                            
public safety  rather than nuisance control. He continued  that this                                                            
procedure would  also apply to public  safety issues on the  State's                                                            
road system.                                                                                                                    
                                                                                                                                
Senator Hoffman  surmised, therefore,  that moose along the  highway                                                            
is a public safety issue rather than a nuisance issue.                                                                          
                                                                                                                                
Senator  Green stated  that this  bill  was drafted  in response  to                                                            
constituents  who had  arranged to  hire a local  trapper to  remove                                                            
nuisance  animals from their  property. She  explained that,  in the                                                            
process, it was determined  that single permits must be acquired for                                                            
each  incident. She  stated  that this  legislation  would allow  an                                                            
individual  to acquire  the  necessary  permits for  a "longer-term                                                             
basis." She detailed  the requirements that would  apply to entities                                                            
applying for a permit.                                                                                                          
                                                                                                                                
Senator Olson  asked whether musk oxen are considered  small mammals                                                            
as, he  voiced concern  that they oftentimes  damage airport  runway                                                            
lights in rural villages.                                                                                                       
                                                                                                                                
Mr. Williams  responded  that this  situation is  also considered  a                                                            
public safety issue rather than a small mammal issue.                                                                           
                                                                                                                                
Senator  Green   moved  to  report  "SB  205  from  Committee   with                                                            
individual recommendations and very, very minor fiscal note."                                                                   
                                                                                                                                
There  being  no  objection,  CS  SB  205(RES)   was  REPORTED  from                                                            
Committee  with a new zero  fiscal note, dated  March 13, 2002  from                                                            
the Department of Fish and Game.                                                                                                
                                                                                                                                
AT EASE 5:26 PM /5:31 PM                                                                                                        
                                                                                                                                
                                                                                                                                
     SENATE BILL NO. 97                                                                                                         
     "An Act relating to fees for probation and parole."                                                                        
                                                                                                                                
                                                                                                                                
[This bill was heard earlier in the meeting.]                                                                                   
                                                                                                                                
Senator Ward  moved to adopt committee  substitute Version  "C" as a                                                            
working draft.                                                                                                                  
                                                                                                                                
There being  no objection,  CS SB 97(FIN),  Version 22-LS0338\C  was                                                            
adopted as a working draft.                                                                                                     
                                                                                                                                
ROBERT BUTTCANE,  Legislative & Administrative Liaison  and Juvenile                                                            
Probation  Officer,  Division  of Juvenile  Justice,  Department  of                                                            
Health and  Social Services, voiced  that the Department  is opposed                                                            
to  probation  fees that  would  affect individuals  served  by  the                                                            
Department.                                                                                                                     
                                                                                                                                
Ms. Wilson  commented that the Version  "C" committee substitute  is                                                            
not available  at the off-net site; however, she noted  that Section                                                            
7 of Version "A"  "indicates that the Parole Board  shall revoke the                                                            
parole  of a  parolee who  defaults  on a  payment."  She asked  the                                                            
Committee  to consider an  amendment to change  the word "shall"  to                                                            
"may"  in order  for  the Parole  Board  to have  an  option in  the                                                            
situation.                                                                                                                      
                                                                                                                                
Senator Ward  asserted his intent  that the Parole Board  should not                                                            
have the option of eliminating fees.                                                                                            
                                                                                                                                
Ms. Wilson explained  that if the Court has the ability  to impose a                                                            
probation  fee  as specified  in  Section  6  of Version  "A,"  then                                                            
provisions should  be included to allow the Court  the discretion to                                                            
revoke probation.  She stated that  Section 7 of Version  "A" limits                                                            
this ability to  the discretion of the Parole Board.  She reiterated                                                            
that  she  does not  have  access  to  a copy  of  Version  "C"  and                                                            
apologizes if she is reading outdated language.                                                                                 
                                                                                                                                
Co-Chair  Kelly stated  that Section  4(a) of  Version "C"  contains                                                            
language that states, "A  Court granting probation, as defined in AS                                                            
33.05.080, shall require  a periodic probation fee to be paid to the                                                            
Department  of Corrections  as  a condition  of probation  based  on                                                            
ability to pay." He surmised  that this language allows the Court to                                                            
regulate  whether it  would be  appropriate  to "double  up" on  the                                                            
fines of the parolee.                                                                                                           
                                                                                                                                
Ms.  Wilson  agreed,  but  clarified  that  the  bill  contains  two                                                            
different provisions:  one that concerns probation  and another that                                                            
concerns parole. She stressed  that "the Court does not get involved                                                            
in parole, and Section 7 refers to the Parole Board."                                                                           
                                                                                                                                
Senator Ward  moved to report the  "Committee Substitute  for Senate                                                            
Bill  Number  97,  Version 'C'  out  of  Committee  with  individual                                                            
recommendations and accompanying note."                                                                                         
                                                                                                                                
Senator Hoffman objected,  and asked whether the adoption of Version                                                            
"C" would have any affect on the accompanying fiscal notes.                                                                     
                                                                                                                                
Senator  Ward  responded  that while  he  does  not agree  with  the                                                            
accompanying fiscal notes, they are applicable to Version "C."                                                                  
                                                                                                                                
A roll call was taken on the motion.                                                                                            
                                                                                                                                
IN  FAVOR: Senator  Leman,  Senator  Ward, Senator  Wilken,  Senator                                                            
Austerman, Senator Green, Co-Chair Donley, Co-Chair Kelly                                                                       
                                                                                                                                
OPPOSED: Senator Hoffman, Senator Olson                                                                                         
                                                                                                                                
The motion to report the bill from Committee PASSED (7-2)                                                                       
                                                                                                                                
CS SB  97(FIN)  was REPORTED  from Committee  with  a Department  of                                                            
Health and  Social Services  fiscal note in  the amount of  $214,400                                                            
dated February  22, 2002, a Department  of Corrections fiscal  note,                                                            
dated March  1, 2002 in the amount  of $16,600, and a Department  of                                                            
Administration zero fiscal note dated April 1, 2002.                                                                            
                                                                                                                                
                                                                                                                                
     CS FOR SENATE BILL NO. 59(CRA)                                                                                             
     "An Act relating to awards of federal funds to municipalities                                                              
     for road projects; and providing for an effective date."                                                                   
                                                                                                                                
                                                                                                                                
This was  the second  hearing for  this bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
MARY JACKSON,  Staff to Senator John Torgerson, the  bill's sponsor,                                                            
informed the Committee  that this bill would establish a new program                                                            
that would direct approximately  $20 million in non-National Highway                                                            
System   (NHS)    federal   transportation    funds   annually    to                                                            
municipalities  rather than  to State agencies.  She continued  that                                                            
the proposal  specifies an  annual limit of  $3 million be  allotted                                                            
per municipality;  that the recipient municipality  must possess the                                                            
power and authority  to use the funds  to construct roads;  and that                                                            
the municipality  must  provide matching  funds as  detailed in  the                                                            
bill's fiscal  note. She explained that the focus  of the bill is to                                                            
provide   municipalities   with  the   ability   to  expedite   road                                                            
construction projects within  their boundaries, and furthermore, she                                                            
stressed,  the  State  would  save  approximately  $1.5  million  in                                                            
general  funds because  the  municipality,  rather  than the  State,                                                            
would provide the required matching funds.                                                                                      
                                                                                                                                
TIM  ROGERS,  Legislative   Program  Coordinator,  Municipality   of                                                            
Anchorage,  testified  via teleconference  from  Anchorage to  voice                                                            
support  for  this  legislation  as  it would  enable  the  City  to                                                            
undertake  ownership of  seven identified  road  projects. He  noted                                                            
that  only  one of  these  projects  is under  the  current  program                                                            
threshold of  $350,000 and that the  average project ranges  between                                                            
$4 million and  $5 million with a total cost for all  seven projects                                                            
being $30 million. He urged  the Committee to consider elevating the                                                            
threshold   level  to  allow   Anchorage   the  ability  to   assume                                                            
responsibility for these road projects.                                                                                         
                                                                                                                                
JEFF  OTTESEN,  Statewide  Planning  Chief,  Division  of  Statewide                                                            
Planning,  Department   of  Transportation  and  Public   Facilities                                                            
asserted that current practice  allows funding to be appropriated to                                                            
local governments  through the Statewide Transportation  Improvement                                                            
Program (STIP)  that annually provides approximately  $75 million to                                                            
local road projects.                                                                                                            
                                                                                                                                
Mr.  Ottesen continued  that  while  the alternate  funding  process                                                            
proposed in this bill would  allow local governments to execute road                                                            
projects and  administer funds on  a local level, he contended  that                                                            
the  technicalities  of  the  federal  aid  process   are  extremely                                                            
complex. He declared that  Department "staff have spent their entire                                                            
careers  learning  how to  work  within those  rules,  they  undergo                                                            
constant training and re-training  to stay abreast of the changes in                                                            
those rules.  It is not a trivial  body of knowledge they  that have                                                            
to work within and to assume  that local officials, already immersed                                                            
in  their   day-to-day  routines   and  responsibilities   of  local                                                            
government,  can automatically  just step in  and learn all  this is                                                            
our worry."  He showed the  Committee a large  manual that  contains                                                            
overviews of the federal  program, and he stated that a multitude of                                                            
similar manuals would be required reading.                                                                                      
                                                                                                                                
Mr.  Ottesen stressed  that  this  federal  aid is  a reimbursement                                                             
program  rather than  a grant program  as incorrectly  perceived  by                                                            
many people.  He expressed  that  communities would  be required  to                                                            
"float the  cash" for a  project in adherence  to federal rules  and                                                            
regulations,  and then request reimbursement  for the expenditures.                                                             
He  asserted  that,  if the  project  were  determined  to  be  non-                                                            
compliant  with the  federal  regulations,  the money  would not  be                                                            
forthcoming.  He reiterated  the  difficulties  associated with  the                                                            
process.                                                                                                                        
                                                                                                                                
Mr. Ottesen  informed the Committee  that, in addition to  receiving                                                            
regular  STIP  funding,   some  communities,  including   Anchorage,                                                            
receive  additional  STIP  funding  that  is  available  to  support                                                            
administrative expenses.                                                                                                        
                                                                                                                                
Mr. Ottesen stressed that,  were this legislation enacted, the local                                                            
community projects  would continually require State  involvement. He                                                            
stressed that  in a situation where a local project  fails to comply                                                            
with federal  rules  and "gets  into financial  trouble," the  State                                                            
would  be  required  "to  bail  them  out"   because  the  State  is                                                            
"obligated  under   the  relationship  with  the  Federal   Highways                                                            
Administration (FHA) to take that responsibility."                                                                              
                                                                                                                                
Mr. Ottesen  furthered  that because  the Department  is  ultimately                                                            
responsible  for this  funding, the  "management  of these  projects                                                            
would require  a high level of oversight by DOT staff."  He detailed                                                            
the multitude  of procedures and documentation  mandated  by the FHA                                                            
that  the communities  would  be required  to  perform  in order  to                                                            
receive the  federal aid. He stated,  "that the technical  realities                                                            
of the legislation are sobering."                                                                                               
                                                                                                                                
Mr.  Ottesen pointed  out  that,  although  it is  separate  federal                                                            
                                                          st                                                                    
legislation,  the  Transportation  Equity Act  for  the 21   Century                                                            
(TEA-21), identified  many transportation  projects for communities                                                             
in the  State;  however because  of the  complexity  of the  federal                                                            
guidelines,  the risks that would  be assumed, and the multitude  of                                                            
procedural  requirements,   only  one  has  been  pursued  by  local                                                            
governments.  He commented  that the  federal  requirements of  this                                                            
legislation would be similar.                                                                                                   
                                                                                                                                
Co-Chair Kelly  asked the Municipality  of Anchorage representative                                                             
to respond to  the Department's position that the  technicalities of                                                            
this endeavor are too much for a local government to undertake.                                                                 
                                                                                                                                
Mr. Rogers informed the  Committee that the program proposed by this                                                            
legislation  is optional  rather than mandatory,  and he  reiterated                                                            
that this legislation would  provide communities with the ability to                                                            
further  their  priority  road  projects.   He  countered  that  the                                                            
Municipality of Anchorage  does not perceive the federal regulations                                                            
and requirements to be  an issue, and he attested that Anchorage and                                                            
other  municipalities  in  the State  are  capable of  handling  the                                                            
projects independently from the State.                                                                                          
                                                                                                                                
Amendment #2:  This amendment raises  the maximum amount  of federal                                                            
highway funds  awarded to a single  municipality from $3  million to                                                            
$7 million per year.                                                                                                            
                                                                                                                                
Co-Chair Donley moved for adoption of Amendment #2.                                                                             
                                                                                                                                
Senator  Austerman  objected. He  voiced  concern that  raising  the                                                            
award  level  might  be beneficial  to  large  communities  such  as                                                            
Anchorage  that have big  projects; however,  because the funds  are                                                            
limited,  raising   the  level  would  reduce  the  funding   amount                                                            
available for other communities' projects.                                                                                      
                                                                                                                                
Senator Green  voiced that, to address Senator Austerman's  concern,                                                            
the  Committee  should  consider  increasing  the  total  amount  of                                                            
available funding.                                                                                                              
                                                                                                                                
Ms.  Jackson verified  that  federal  funds  could be  available  to                                                            
provide for an elevated level.                                                                                                  
                                                                                                                                
Senator Green  asserted that increasing the total  amount of funding                                                            
awarded would  be beneficial  because there  are multiple levels  of                                                            
funding needs in the State.                                                                                                     
                                                                                                                                
Senator  Green moved  to amendment  the  amendment  to increase  the                                                            
total  amount awarded  in  a fiscal  year from  $20  million to  $40                                                            
million, and increases  the maximum amount of federal  highway funds                                                            
awarded to a single municipality to $6 million per year.                                                                        
                                                                                                                                
                                                                                                                                
Co-Chair Kelly objected then removed his objection.                                                                             
                                                                                                                                
Senator  Hoffman asked the  sponsor's representative  to comment  on                                                            
what  he  (Senator  Hoffman)   characterized  as  "double-dipping;"                                                             
whereby  some  municipalities,  such  as Anchorage  with  its  AMATS                                                            
Anchorage Metropolitan  Area Transportation  Study (AMATS)  program,                                                            
receive transportation funding from multiple sources.                                                                           
                                                                                                                                
Ms.  Jackson  responded  that she  "heard  that  and noted  it,  and                                                            
frankly I was  a little surprised to hear it because  the Department                                                            
would  have the  authority  to  establish  the regulations  for  the                                                            
program" to ensure against such double-dipping.                                                                                 
                                                                                                                                
Senator  Hoffman asked  whether  this "would  be the  intent of  the                                                            
sponsor."                                                                                                                       
                                                                                                                                
Ms. Jackson replied, "Certainly."                                                                                               
                                                                                                                                
A roll call was taken on the motion to amend the amendment.                                                                     
                                                                                                                                
IN FAVOR: Senator Ward, Senator Green                                                                                           
                                                                                                                                
OPPOSED:  Senator   Wilken,  Senator  Austerman,  Senator   Hoffman,                                                            
Senator Leman, Senator Olson, Co-Chair Donley, Co-Chair Kelly                                                                   
                                                                                                                                
The motion FAILED (7-2)                                                                                                         
                                                                                                                                
The amendment FAILED to be amended.                                                                                             
                                                                                                                                
Co-Chair Kelly announced  that Amendment #2 is before the Committee.                                                            
                                                                                                                                
Co-Chair Donley avowed  that the AMATS program that was incorporated                                                            
under the Municipal Planning  Organizations (MPOs) program initiated                                                            
by TEA-21  "has been  a curse"  to Anchorage  and other nation-wide                                                             
metropolitan  areas  nationwide  that  have  populations   exceeding                                                            
200,000, because  completion of the  various components required  by                                                            
the study, particularly  the major investment study,  is tedious. He                                                            
stated  that  because  of  AMATS,  the  federal   STIP  program  has                                                            
"intentionally  discriminated" against Anchorage for  many years and                                                            
has resulted  in less  funding being  provided to  the City  because                                                            
roads could not be constructed without a completed study.                                                                       
                                                                                                                                
Co-Chair  Donley  stated  that  because  most  of  the  projects  in                                                            
Anchorage exceed  $7 million, this  amendment would allow  Anchorage                                                            
to participate  in receiving  some of the  funding proposed  in this                                                            
legislation.  He  contended  that with  42  percent of  the  State's                                                            
population,  Anchorage  would be  entitled  to $8.4  million if  the                                                            
distribution  of funds  were determined  on a per  capita basis.  He                                                            
asserted  that  the Municipality   of Anchorage  expends  "more  per                                                            
capita for road maintenance  than any other community in the State."                                                            
He argued that  to limit the allotment  per community to  $3 million                                                            
would be "really  unfair to the people of the Anchorage  community,"                                                            
as it makes it difficult for the community to access the money.                                                                 
                                                                                                                                
Senator Wilken  reminded the Committee that in previous  hearings, a                                                            
$10 million  maximum per community  was discussed, and he  asked the                                                            
witness how the sponsor views that level of funding.                                                                            
                                                                                                                                
Ms. Jackson  advised  that Senator  Torgerson would  not support  an                                                            
amendment that  would substantially increase the funding  level. She                                                            
contended  that  numerous  communities   in  the  State  might  have                                                            
projects in  the $7 million range;  however, she stressed,  the goal                                                            
is to distribute  the money around the State. She  stated that, "the                                                            
practical application  would be to break a project  into components"                                                            
to fit within the specified levels of the bill.                                                                                 
                                                                                                                                
A roll call was taken on the motion.                                                                                            
                                                                                                                                
IN FAVOR:  Senator Leman,  Senator Ward,  Co-Chair Donley,  Co-Chair                                                            
Kelly                                                                                                                           
                                                                                                                                
OPPOSED: Senator  Wilken, Senator Austerman, Senator  Green, Senator                                                            
Hoffman, Senator Olson                                                                                                          
                                                                                                                                
The motion FAILED (4-5)                                                                                                         
                                                                                                                                
Amendment #2 FAILED to be adopted.                                                                                              
                                                                                                                                
Amendment #3:  This amendment changes  the bill's effective  date to                                                            
July 1, 2002.                                                                                                                   
                                                                                                                                
Senator Leman moved for adoption of Amendment #3.                                                                               
                                                                                                                                
Without objection, Amendment #3 was ADOPTED.                                                                                    
                                                                                                                                
Senator  Ward made  a motion  to report  "committee  substitute  for                                                            
Senate   Bill  Number   59   out  of   committee   with   individual                                                            
recommendations, as amended, and accompanying notes."                                                                           
                                                                                                                                
Co-Chair Donley  objected. He stated  that this bill "perpetuates  a                                                            
decade  of unfair,  unreasonable  discrimination  against  the  road                                                            
needs of  the Anchorage  Bowl, and  that the rest  of the State  has                                                            
benefited by  the shortchanging of  the Anchorage community  through                                                            
the STIP and  the unreasonable redistribution  of that money  to the                                                            
rest of the  State, with promise after  promise that eventually  the                                                            
money would  be coming to  our community to  deal with the  problems                                                            
that we have with  just basic traffic." He continued  that the State                                                            
receives  most of its revenue  from motor  fuel taxes and  licensing                                                            
fees from  Anchorage's  residents, who  comprise  42 percent of  the                                                            
State's population,  and he contended  that Anchorage residents  are                                                            
entitled  to some  funding. He  stated  that the  criteria for  this                                                            
distribution  is biased against any  urban area and has resulted  in                                                            
"severe discrimination" against the Anchorage community.                                                                        
                                                                                                                                
Senator Hoffman  also objected.  He stated  that although this  bill                                                            
might be well-intentioned,  the problems that communities would have                                                            
in  adhering   to  the  federal  regulations   and  guidelines,   as                                                            
identified   by  the  Department   of  Transportation   and   Public                                                            
Facilities,  would prevent  the majority of  small rural areas  from                                                            
accessing  this  funding because  they  do  not have  the  necessary                                                            
expertise or capability to participate in this program.                                                                         
                                                                                                                                
A roll call was taken on the motion.                                                                                            
                                                                                                                                
IN FAVOR: Senator  Green, Senator Austerman, Senator  Olson, Senator                                                            
Wilken, Senator Ward, Senator Leman, Co-Chair Kelly                                                                             
                                                                                                                                
OPPOSED: Co-Chair Donley, Senator Hoffman                                                                                       
                                                                                                                                
The motion PASSED (7-2)                                                                                                         
                                                                                                                                
CS SB 59(FIN)  was REPORTED from Committee with a  new Department of                                                            
Transportation  and Public Facilities zero fiscal  note, dated April                                                            
23, 2002.                                                                                                                       
                                                                                                                                
At EASE 6:02 PM / 6:05 PM                                                                                                       
                                                                                                                                
                                                                                                                                
     CS FOR SENATE BILL NO. 282(L&C)                                                                                            
     "An Act extending  the termination dates of certain  activities                                                            
     and salmon  marketing programs of the Alaska  Seafood Marketing                                                            
     Institute  and  of  the salmon  marketing  tax;  expanding  the                                                            
     allowable use of that  tax for the salmon marketing programs of                                                            
     the Alaska Seafood  Marketing Institute; relating to the Alaska                                                            
     Seafood Marketing  Institute's salmon marketing  committee; and                                                            
     providing for an effective date."                                                                                          
                                                                                                                                
                                                                                                                                
This was  the second  hearing for  this bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
KRISTY TIBBLES,  staff to Senator  Ben Stevens, the bill's  sponsor,                                                            
noted that  she is available to answer  questions pertaining  to the                                                            
bill.                                                                                                                           
                                                                                                                                
AT EASE 6:07 PM / 6:13 PM                                                                                                       
                                                                                                                                
Amendment #1:  This amendment changes the title of  the bill to read                                                            
as follows.                                                                                                                     
                                                                                                                                
     An  Act  delaying  the  repeal of  the  salmon  marketing  tax;                                                            
     expanding  the  allowable  use  of  that  tax  for  the  salmon                                                            
     marketing  programs of the Alaska Seafood Marketing  Institute;                                                            
     relating  to the Alaska  Seafood Marketing  Institute's  salmon                                                            
     marketing committee; and providing for an effective date.                                                                  
                                                                                                                                
This  amendment additionally  deletes  Section  4 of  the bill  that                                                            
pertains  to clarifications  regarding  the  uncodified  law of  the                                                            
State.                                                                                                                          
                                                                                                                                
Senator Austerman moved for adoption of Amendment #1.                                                                           
                                                                                                                                
SENATOR BEN STEVENS stated  that the removal of Section 4 eliminates                                                            
confusion  in the  bill regarding  the re-authorization  of the  one                                                            
percent  domestic  salmon  marketing  tax  that is  required  to  be                                                            
reinstated every five years.                                                                                                    
                                                                                                                                
Without objection, Amendment #1 was ADOPTED.                                                                                    
                                                                                                                                
Senator Austerman  moved to report  the "CS for Senate Bill  282, as                                                            
amended, with accompanying fiscal note with individual                                                                          
recommendations out of Committee."                                                                                              
                                                                                                                                
Without objection, CS SB 282(FIN) was REPORTED from Committee with                                                              
a $1,800,000 fiscal note, dated March 1, 2002 from the Department                                                               
of Community and Economic Development.                                                                                          
                                                                                                                                
                                                                                                                                
SFC 02 # 46, Side A 06:15 PM                                                                                                    
                                                                                                                                
                                                                                                                                
AT EASE 6:15 PM / 6:16 PM                                                                                                       
                                                                                                                                
adjournment                                                                                                                     
Co-Chair Pete Kelly adjourned the meeting at 06:17 PM                                                                           

Document Name Date/Time Subjects