HOUSE FINANCE COMMITTEE MAY 3, 1995 8:45 A.M. TAPE HFC 95 - 110, Side 2, #000 - end. TAPE HFC 95 - 111, Side 1, #000 - end. TAPE HFC 95 - 111, Side 2, #000 - #115. CALL TO ORDER Co-Chair Mark Hanley called the House Finance Committee meeting to order at 8:45 A.M. PRESENT Co-Chair Hanley Representative Kohring Co-Chair Foster Representative Martin Representative Mulder Representative Navarre Representative Brown Representative Parnell Representative Grussendorf Representative Therriault Representative Kelly ALSO PRESENT Senator Mike Miller; Teresa Sager, Staff, Senator Miller; Ron Swanson, (Testified via teleconference), Director, Division of Lands, Department of Natural Resources; Joe Ambrose, Staff, Senator Robin Taylor; Bob Cole, Director, Division of Administrative Services, Department of Corrections; David Vandenberg, (Testified via teleconference), North Alaska Environmental Center, Fairbanks; Margo Knuth, Assistant Attorney General, Criminal Division, Department of Law; Stan Ridgeway, Deputy Director, Vocational Rehabilitation, Department of Education. SUMMARY SB 46 An Act revising the provision of law under which a minor may be charged, prosecuted, and sentenced as an adult in the district court, and adding to the list of offenses for which a minor may be prosecuted as an adult in the district court. CS SB 46 (RLS) was reported out of Committee with "no recommendations" and with a fiscal note by the Alaska Court System dated 3/6/95 and zero fiscal notes by the Department of Administration dated 3/22/95 and the Department of Law 3/6/95. SB 93 An Act relating to the disposal of state land 1 along the Dalton Highway; and providing for an effective date. HCS CS SB 93 (RES) was reported out of Committee with a "do pass" recommendation and with zero fiscal notes by the Department of Fish and Game and the Department of Natural Resources dated 2/28/95. SB 117 An Act establishing a statewide independent living council and clarifying its relationship with existing agencies; and providing for an effective date. CS SB 117 (HES) was reported out of Committee with a "do pass" recommendation and with a fiscal note by the Department of Education dated 3/21/95. HCR 19 Requesting the Governor to direct the Department of Corrections to establish a task force to study current and future department operations. CS HCR 19 (FIN) was reported out of Committee with a "do pass" recommendation and with a House Finance Committee fiscal note. SENATE BILL 93 (RES) "An Act relating to the disposal of state land along the Dalton Highway; and providing for an effective date." SENATOR MIKE MILLER testified in support of SB 93 (RES). He pointed out that in the last session the Legislature passed SB 210 which provided for the reauthorization of existing leases in three development nodes along the Dalton Highway including Deadhorse, Yukon River Crossing and Coldfoot. Future non-residential land disposal at Deadhorse was allowed in that legislation. He continued that with the recent opening of the highway to public traffic, the need for additional services has expanded. SB 93 would allow the State to proceed with future non-residential disposal in each of the remaining four nodes along the route for development of various public facilities. The legislation is structured to allow disposal only within the identified nodes which have existing pads so that orderly development is maintained at regular intervals along the highway. He concluded, as with any state land disposal, all proposed sales or leases will require a Land Use Plan, subject to procedures set forth in law which provide for thorough public review. 2 Representative Brown asked how close Stephens Village was to the development areas. Senator Miller did not know. Representative Brown asked if any of the village areas were in opposition to the legislation. Senator Miller responded that the only village which testified was the North Slope Borough and that their concerns have been addressed. Representative Martin asked if the current lessee's were being protected. Senator Miller understood that they would continue to be protected. He stated that the Tanana Chief Conference supported the legislation. Representative Brown asked about the litigation proceedings filed over the opening of the Haul Road. Senator Miller replied that the Supreme Court had ruled in favor of the State. Representative Brown inquired if public maintenance and safety for the road use had been addressed in the budget. Senator Miller replied that in opening the road, eligibility for federal funds would increase. TERESA SAGER, STAFF, SENATOR MILLER, explained that since the decision was made to coordinate efforts, the Departments of Natural Resources, Transportation and Public Facilities and Public Safety have been working cooperatively in order that all public needs will be met. The Department of Transportation and Public Facilities (DOTPF) has indicated that they do not anticipate more than an additional 50 vehicles on the road per day during the peak summer months and that they do not intend to change their current maintenance plan. Representative Brown asked the total expected cost to the State. Ms. Sager pointed out that the proposed legislation has zero fiscal notes. Representative Therriault commented that the cost of opening the road should not be tied to the legislation as the road is currently open. Representative Brown emphasized that there will be a cost associated with developing the area in order to make it possible for more people to travel the road. DAVID VANDENBERG,(TESTIFIED VIA TELECONFERENCE), NORTH ALASKA ENVIRONMENTAL CENTER, FAIRBANKS, echoed Representative Brown's concern and spoke against the proposed legislation. He pointed out that there is currently insufficient funding for law enforcement and that there have been long standing objections to the opening of the Dalton Highway. He projected that SB 93 was a portion of the adjournment package. Representative Therriault reiterated that the road is currently open, which had been approved by the court. 3 Representative Navarre asserted that statewide services are currently inadequate. Road maintenance has been underfunded for many years. He stressed that the Legislature should be prepared to cover future costs associated with the proposed legislation. He stressed that these will be new costs to the State. Representative Navarre urged the Committee members to recognize that there will be great fiscal impact to DOTPF in passage of the bill. Representative Brown agreed with the comments of Representative Navarre and noted that there also had not been a fiscal note attached for the Department of Public Safety. She noted that Department is currently not able to deal with addressing adequate service needs. The legislation will add increased pressure on that Department. Representative Brown asked if not opening the road was an option at this time. Representative Therriault explained that the court ruled that if public money is spent on the road, it must be open to the public. Representative Navarre asked if a fiscal note had been solicited from DOTPF. Ms. Sager advised that one had not been requested, noting that there had been a position paper provided by that agency indicating that they do not anticipate fiscal impact. She added that when DNR recommended the legislation, they requested to see the development occur in nodes in order to avoid strip development. DNR noted that the nodes had been evenly spaced along the highway in order to avoid the problems that come with strip development. Representative Navarre reiterated that DOTPF would experience costs associated with passage of the legislation and urged Committee members to consider adequate funding for that Department. Representative Mulder MOVED to report HCS CS SB 93 (RES) out of Committee with individual recommendations and with the accompanying fiscal notes. There being NO OBJECTIONS, it was so ordered. HCS CS SB 93 (RES) was reported out of Committee with a "do pass" recommendations and with zero fiscal notes by the Department of Fish and Game and the Department of Natural Resources dated 2/28/95. SENATE BILL 46 "An Act revising the provision of law under which a minor may be charged, prosecuted, and sentenced as an 4 adult in the district court, and adding to the list of offenses for which a minor may be prosecuted as an adult in the district court." JOE AMBROSE, STAFF, SENATOR ROBIN TAYLOR, was introduced at the urging of parents concerned with the lack of consequences within the juvenile justice system when a minor is arrested for an alcohol related offense. He added that most of SB 46 was a re-write of existing law. The drafter took the occasion of complying with Senator Taylor's request to address alcohol issues by re-ordering the material already listed in AS 47.10.010(b). Juveniles are already exempted from juvenile delinquency rules for traffic offenses, tobacco related offenses and fish and game statutes. Mr. Ambrose continued that SB 46 would add alcohol and controlled substance related offenses to that list and provide that such cases be handled in district court. Representative Brown asked if the same topic had been addressed in another piece of legislation. MARGO KNUTH, ASSISTANT ATTORNEY GENERAL, CRIMINAL DIVISION, DEPARTMENT OF LAW, stated that the issue of warrantless arrest was a part of another piece of legislation by Representative Porter, HB 159. SB 46 would reduce minor consuming from a misdemeanor violation not only for juveniles but for all minors. She said that the Department of Law supports that amendment, and that it would indicate that the Department will not prosecute the defenses. She explained the disadvantage to the State of Alaska in doing this; as a violation there would be no jail time that could be imposed or suspended. The judge could lose the ability to order the minor into treatment. Ms. Knuth elaborated that the Department of Law is "troubled" by waiving juveniles into adult status for "other" alcohol misdemeanors and all controlled substance misdemeanors. That offense is referenced on Page 4, Line 8. She continued, the misdemeanor offenses will make getting into the military more difficult. For a conviction as opposed to a violation, the person entering the military would need to receive a waiver in order to enter. If there is only one offense, that would be granted routinely, although with anything else existing on the record, it would become more difficult. Ms. Knuth summarized that in addressing the current legislation, the Department of Law has concluded that in addressing subject by subject concerns is not working well and that a broader perspective is needed to the automatic waiving of juveniles from any offense involving a fire arm. 5 Representative Navarre asked what would happen to the juvenile's record after he/she reach eighteen years of age (18). Ms. Knuth explained that the record would stay with them. Representative Navarre voiced concern that the legislation would implicate that kids are "no longer kids", consequently they must respond and be like adults. (Tape Change HFC 95-111, Side 1). Mr. Ambrose noted that Sections 1-4, Page 3, is current language. He emphasized that there would be no change in that provision. The drafter only re-ordered the language; it is not new. Representative Mulder voiced concern with burdening children with a long term record when their nature as a "kid" does not have a frame of reference from which to make mature decisions. He noted particular concern with the child's future ability to be in the military service. He asked if there was an alternative to the legislation; something more "middle ground". Ms. Knuth replied that the Department of Law proposed that minor consuming be made a violation as occurs in the proposed legislation and that on Page 4 of the legislation, only (5)(B) relating to possession or consumption be kept and that the other offenses be deleted from the list of the automatic waiver offenses. Representative Grussendorf stated that the legislation moves away from granting the judge an alternative way to address the consequences resulting from the offense. Ms. Knuth responded that the cost involved with placing new juveniles and then putting them through the misdemeanor process for minor consuming would be very high. Only by prosecuting them for a misdemeanor offense, would the judge have the ability to require treatment. The options are limited. Ms. Knuth added that a judge usually requires alcohol screening and then leaves it to experts to determine if treatment would be appropriate. She noted that the "Use It - Lose It" law is currently on the books which applies to minor consuming. Ms. Knuth responded to a misunderstanding of Representative Brown's. Except for minor consuming, the other offenses listed on Page 4 of the legislation are misdemeanors, would be prosecuted as such and would result in misdemeanor sanctions. Only minor consuming would be reduced to a violation for all offenders. Ms. Knuth pointed out that was 6 listed on Page 3, Line 4 of the bill. Representative Navarre questioned the effect of the Alaska Delinquency Laws on the legislation. Ms. Knuth explained that it would effect juvenile delinquency proceedings, they instead would be treated as an adult and appear in district court. Representative Therriault MOVED to report CS SB 46 (RLS) out of Committee with individual recommendations and with the accompanying fiscal notes. There being NO OBJECTION, it was so ordered. CS SB 46 (RLS) was reported out of Committee with a "no recommendation" and with a fiscal note by the Alaska Court System dated 3/6/95 and zero fiscal notes by the Department of Administration dated 3/22/95 and the Department of Law dated 3/6/95. SENATE BILL NO. 117 "An Act establishing a statewide independent living council and clarifying its relationship with existing agencies; and providing for an effective date." STAN RIDGEWAY, DEPUTY DIRECTOR, VOCATIONAL REHABILITATION, DEPARTMENT OF EDUCATION, stated that SB 117 would establish the State Independent Living Council which was introduced by Senator Halford at the request of the Department of Education. In order for Alaska to continue to receive federal funds for independent living, the State must establish, in statute, a Statewide Independent Living Council. Representative Martin MOVED to report CS SB 117 (HES) out of Committee with individual recommendations and with the accompanying fiscal note. There being NO OBJECTION, it was so ordered. CS SB 117 (HES) was reported out of Committee with a "do pass" recommendation and with a fiscal note by the Department of Education dated 3/21/95. HOUSE CONCURRENT RESOLUTION 19 Requesting the Governor to direct the Department of Corrections to establish a task force to study current and future department operations. Representative Mulder stated that HCR 19 would request a task force study of the operations and future needs of the Department of Corrections. He said that the Department of 7 Corrections has been "running so fast to keep up", they have not been able to spend any time thinking about where the Department ought to be going. He added that the resolution and the fiscal note would allow the Department to do the planning necessary in order to control costs. Representative Mulder continued that the task force recommended by the resolution would provide a broad perspective and would be composed of four legislators, five representatives of the administration, one representative of the judiciary branch and three representatives of the public. The task force would be requested to report back by the end of January, 1996. Representative Brown referenced Page 2, Line 6-7, and recommended elements of the comprehensive plan not be predisposed. She recommended deleting the language "for private construction of prison facilities and private operations of prison facilities;." Representative Brown MOVED to adopt Amendment #1. Representative Mulder noted that he would consider that a "friendly" amendment. There being NO OBJECTION, it was adopted. Representative Mulder MOVED to adopt Amendment #2, 9- LS1092\A.1, Lauterbach, 4/26/95. [Attachment #1]. He stated that the amendment would allow for the Governor, the Speaker of the House and the Senate President to select the people from the private sector. Representative Parnell OBJECTED for purposes of discussion. He asked the motivation of the task force in being composed of public and private members as opposed to giving money to the Department to hire a private contractor to perform the service. Representative Mulder replied that he thought the money would not be available through the capital budget and that he felt the Legislature would be more cooperative if they were included in the initial stages of planning of the task force. Representative Mulder advised that privatization of prisons was the future goal in addressing terms of management of a large organization and facility. Representative Martin pointed out that the fiscal note would amount to $1000/day for the task force. He stressed that the work could be performed for a lower cost. Representative Mulder explained that the Department of Corrections also included a fiscal note in the amount of $350 thousand dollars. He continued, following conversations with other people in the business of evaluations, in hiring an outside contractor to do the evaluation, the reasonable cost would be $150 thousand dollars. He then added additional funds to cover the cost 8 of a staff person. Representative Parnell recommended placing the requested funds on the contractual line rather than the miscellaneous line. Representative Mulder stated that the miscellaneous line would allow for the maximum flexibility. Representative Navarre pointed out that the Department of Corrections has had their planning money reduced for many years. He emphasized that short funding would result in an insufficient plan. He recommended fully funding the note requested by the Department. Representative Brown proposed for the Committee's consideration a change to Page 2, Line 13, following the word "organizations", adding the language "who do not have financing interest in the issues to be addressed". She emphasized that there should be an independent objective review. Representative Mulder reminded Committee members that Amendment #2 had not yet been decided. Representative Parnell WITHDREW the OBJECTION to adopting Amendment #2. There being NO further OBJECTION to Amendment #2, it was adopted. Representative Brown MOVED to adopt Amendment #3, the previous recommended language addition to Page 2, Line 13, to avoid the issue of public members having a direct financial interest in the outcome of the legislation. Representative Parnell stated that the independent consultants should be ones that are really "independent". He stated that language was already included on Lines 15 & 16. BOB COLE, DIRECTOR, DIVISION OF ADMINISTRATIVE SERVICES, DEPARTMENT OF CORRECTIONS, commented that in completing joint meetings with the legislative branch, the Department must find a way to accommodate the increasing demands currently placed on the cost of imprisonment. He added that there are many issues at hand with huge financial implications to the State. The language of the resolution is similar to that written by the Department in the capital budget request. Mr. Cole added that this type of project could require spending between $100 thousand to $1.0 million dollars and could take up to five years to complete. He stated that the $350 thousand dollar fiscal note provided by the Department was a modest amount to complete the project. Mr. Cole summarized that it would be the intent of the Department to hire a contractor who clearly did not have financial benefit 9 from the process except on a contractual level. Representative Parnell pointed out that Lines 15 & 16 clarify that the consultant not have a direct financial stake in the enterprise. Representative Mulder agreed with Representative Parnell and felt that inclusion of the language recommended by Representative Brown was not necessary. Representative Brown WITHDREW the MOTION to adopt Amendment #3. Representative Brown asked if both majority and minority representatives would be appointed. Representative Mulder noted that was the intention. Representative Brown advised that should be stipulated in the policy. Representative Mulder stated that would not be necessary. (Tape Change, HFC 95-111, Side 2). Representative Mulder MOVED to adopt Amendment #4. [Attachment #2]. Representative Martin OBJECTED. Representative Mulder stated that there are elements of the study that will take longer to accomplish and which will take time for a comprehensive review. Mr. Cole noted that the Department is bound by three union agreements. If a portion of the analysis requests that a section of the Department be privatized, the State is bound by the union agreement to negotiate a cost benefit analysis. He stressed that would not be possible by next year's legislature. He voiced support for the amendment. A roll call was taken on the MOTION. IN FAVOR: Mulder, Navarre, Parnell, Brown, Kelly, Foster OPPOSED: Martin Representatives Kohring, Therriault, Grussendorf and Hanley were not present for the vote. The MOTION PASSED (6-1). Representative Parnell MOVED that the fiscal note money line be moved to the "contractual" line. There being NO OBJECTION, it was moved. Representative Brown MOVED to report CS HJR 19 (FIN) out of Committee with a "do pass" recommendation and with a fiscal note by the House Finance Committee. ADJOURNMENT The meeting adjourned at 10:15 A.M. 10 HOUSE FINANCE COMMITTEE MAY 3, 1995 8:45 A.M. TAPE HFC 95 - 110, Side 2, #000 - end. TAPE HFC 95 - 111, Side 1, #000 - end. TAPE HFC 95 - 111, Side 2, #000 - #115. CALL TO ORDER Co-Chair Mark Hanley called the House Finance Committee meeting to order at 8:45 A.M. PRESENT Co-Chair Hanley Representative Kohring Co-Chair Foster Representative Martin Representative Mulder Representative Navarre Representative Brown Representative Parnell Representative Grussendorf Representative Therriault Representative Kelly ALSO PRESENT Senator Mike Miller; Teresa Sager, Staff, Senator Miller; Ron Swanson, (Testified via teleconference), Director, Division of Lands, Department of Natural Resources; Joe Ambrose, Staff, Senator Robin Taylor; Bob Cole, Director, Division of Administrative Services, Department of Corrections; David Vandenberg, (Testified via teleconference), North Alaska Environmental Center, Fairbanks; Margo Knuth, Assistant Attorney General, Criminal Division, Department of Law; Stan Ridgeway, Deputy Director, Vocational Rehabilitation, Department of Education. SUMMARY SB 46 An Act revising the provision of law under which a minor may be charged, prosecuted, and sentenced as an adult in the district court, and adding to the list of offenses for which a minor may be prosecuted as an adult in the district court. CS SB 46 (RLS) was reported out of Committee with "no recommendations" and with a fiscal note by the Alaska Court System dated 3/6/95 and zero fiscal notes by the Department of Administration dated 3/22/95 and the Department of Law 3/6/95. 11 SB 93 An Act relating to the disposal of state land along the Dalton Highway; and providing for an effective date. HCS CS SB 93 (RES) was reported out of Committee with a "do pass" recommendation and with zero fiscal notes by the Department of Fish and Game and the Department of Natural Resources dated 2/28/95. SB 117 An Act establishing a statewide independent living council and clarifying its relationship with existing agencies; and providing for an effective date. CS SB 117 (HES) was reported out of Committee with a "do pass" recommendation and with a fiscal note by the Department of Education dated 3/21/95. HCR 19 Requesting the Governor to direct the Department of Corrections to establish a task force to study current and future department operations. CS HCR 19 (FIN) was reported out of Committee with a "do pass" recommendation and with a House Finance Committee fiscal note. SENATE BILL 93 (RES) "An Act relating to the disposal of state land along the Dalton Highway; and providing for an effective date." SENATOR MIKE MILLER testified in support of SB 93 (RES). He pointed out that in the last session the Legislature passed SB 210 which provided for the reauthorization of existing leases in three development nodes along the Dalton Highway including Deadhorse, Yukon River Crossing and Coldfoot. Future non-residential land disposal at Deadhorse was allowed in that legislation. He continued that with the recent opening of the highway to public traffic, the need for additional services has expanded. SB 93 would allow the State to proceed with future non-residential disposal in each of the remaining four nodes along the route for development of various public facilities. The legislation is structured to allow disposal only within the identified nodes which have existing pads so that orderly development is maintained at regular intervals along the highway. He concluded, as with any state land disposal, all proposed sales or leases will require a Land Use Plan, subject to procedures set forth in law which 12 provide for thorough public review. Representative Brown asked how close Stephens Village was to the development areas. Senator Miller did not know. Representative Brown asked if any of the village areas were in opposition to the legislation. Senator Miller responded that the only village which testified was the North Slope Borough and that their concerns have been addressed. Representative Martin asked if the current lessee's were being protected. Senator Miller understood that they would continue to be protected. He stated that the Tanana Chief Conference supported the legislation. Representative Brown asked about the litigation proceedings filed over the opening of the Haul Road. Senator Miller replied that the Supreme Court had ruled in favor of the State. Representative Brown inquired if public maintenance and safety for the road use had been addressed in the budget. Senator Miller replied that in opening the road, eligibility for federal funds would increase. TERESA SAGER, STAFF, SENATOR MILLER, explained that since the decision was made to coordinate efforts, the Departments of Natural Resources, Transportation and Public Facilities and Public Safety have been working cooperatively in order that all public needs will be met. The Department of Transportation and Public Facilities (DOTPF) has indicated that they do not anticipate more than an additional 50 vehicles on the road per day during the peak summer months and that they do not intend to change their current maintenance plan. Representative Brown asked the total expected cost to the State. Ms. Sager pointed out that the proposed legislation has zero fiscal notes. Representative Therriault commented that the cost of opening the road should not be tied to the legislation as the road is currently open. Representative Brown emphasized that there will be a cost associated with developing the area in order to make it possible for more people to travel the road. DAVID VANDENBERG,(TESTIFIED VIA TELECONFERENCE), NORTH ALASKA ENVIRONMENTAL CENTER, FAIRBANKS, echoed Representative Brown's concern and spoke against the proposed legislation. He pointed out that there is currently insufficient funding for law enforcement and that there have been long standing objections to the opening of the Dalton Highway. He projected that SB 93 was a portion of the adjournment package. Representative Therriault reiterated that the road is currently open, which had been approved by the court. 13 Representative Navarre asserted that statewide services are currently inadequate. Road maintenance has been underfunded for many years. He stressed that the Legislature should be prepared to cover future costs associated with the proposed legislation. He stressed that these will be new costs to the State. Representative Navarre urged the Committee members to recognize that there will be great fiscal impact to DOTPF in passage of the bill. Representative Brown agreed with the comments of Representative Navarre and noted that there also had not been a fiscal note attached for the Department of Public Safety. She noted that Department is currently not able to deal with addressing adequate service needs. The legislation will add increased pressure on that Department. Representative Brown asked if not opening the road was an option at this time. Representative Therriault explained that the court ruled that if public money is spent on the road, it must be open to the public. Representative Navarre asked if a fiscal note had been solicited from DOTPF. Ms. Sager advised that one had not been requested, noting that there had been a position paper provided by that agency indicating that they do not anticipate fiscal impact. She added that when DNR recommended the legislation, they requested to see the development occur in nodes in order to avoid strip development. DNR noted that the nodes had been evenly spaced along the highway in order to avoid the problems that come with strip development. Representative Navarre reiterated that DOTPF would experience costs associated with passage of the legislation and urged Committee members to consider adequate funding for that Department. Representative Mulder MOVED to report HCS CS SB 93 (RES) out of Committee with individual recommendations and with the accompanying fiscal notes. There being NO OBJECTIONS, it was so ordered. HCS CS SB 93 (RES) was reported out of Committee with a "do pass" recommendations and with zero fiscal notes by the Department of Fish and Game and the Department of Natural Resources dated 2/28/95. SENATE BILL 46 "An Act revising the provision of law under which a 14 minor may be charged, prosecuted, and sentenced as an adult in the district court, and adding to the list of offenses for which a minor may be prosecuted as an adult in the district court." JOE AMBROSE, STAFF, SENATOR ROBIN TAYLOR, was introduced at the urging of parents concerned with the lack of consequences within the juvenile justice system when a minor is arrested for an alcohol related offense. He added that most of SB 46 was a re-write of existing law. The drafter took the occasion of complying with Senator Taylor's request to address alcohol issues by re-ordering the material already listed in AS 47.10.010(b). Juveniles are already exempted from juvenile delinquency rules for traffic offenses, tobacco related offenses and fish and game statutes. Mr. Ambrose continued that SB 46 would add alcohol and controlled substance related offenses to that list and provide that such cases be handled in district court. Representative Brown asked if the same topic had been addressed in another piece of legislation. MARGO KNUTH, ASSISTANT ATTORNEY GENERAL, CRIMINAL DIVISION, DEPARTMENT OF LAW, stated that the issue of warrantless arrest was a part of another piece of legislation by Representative Porter, HB 159. SB 46 would reduce minor consuming from a misdemeanor violation not only for juveniles but for all minors. She said that the Department of Law supports that amendment, and that it would indicate that the Department will not prosecute the defenses. She explained the disadvantage to the State of Alaska in doing this; as a violation there would be no jail time that could be imposed or suspended. The judge could lose the ability to order the minor into treatment. Ms. Knuth elaborated that the Department of Law is "troubled" by waiving juveniles into adult status for "other" alcohol misdemeanors and all controlled substance misdemeanors. That offense is referenced on Page 4, Line 8. She continued, the misdemeanor offenses will make getting into the military more difficult. For a conviction as opposed to a violation, the person entering the military would need to receive a waiver in order to enter. If there is only one offense, that would be granted routinely, although with anything else existing on the record, it would become more difficult. Ms. Knuth summarized that in addressing the current legislation, the Department of Law has concluded that in addressing subject by subject concerns is not working well and that a broader perspective is needed to the automatic 15 waiving of juveniles from any offense involving a fire arm. Representative Navarre asked what would happen to the juvenile's record after he/she reach eighteen years of age (18). Ms. Knuth explained that the record would stay with them. Representative Navarre voiced concern that the legislation would implicate that kids are "no longer kids", consequently they must respond and be like adults. (Tape Change HFC 95-111, Side 1). Mr. Ambrose noted that Sections 1-4, Page 3, is current language. He emphasized that there would be no change in that provision. The drafter only re-ordered the language; it is not new. Representative Mulder voiced concern with burdening children with a long term record when their nature as a "kid" does not have a frame of reference from which to make mature decisions. He noted particular concern with the child's future ability to be in the military service. He asked if there was an alternative to the legislation; something more "middle ground". Ms. Knuth replied that the Department of Law proposed that minor consuming be made a violation as occurs in the proposed legislation and that on Page 4 of the legislation, only (5)(B) relating to possession or consumption be kept and that the other offenses be deleted from the list of the automatic waiver offenses. Representative Grussendorf stated that the legislation moves away from granting the judge an alternative way to address the consequences resulting from the offense. Ms. Knuth responded that the cost involved with placing new juveniles and then putting them through the misdemeanor process for minor consuming would be very high. Only by prosecuting them for a misdemeanor offense, would the judge have the ability to require treatment. The options are limited. Ms. Knuth added that a judge usually requires alcohol screening and then leaves it to experts to determine if treatment would be appropriate. She noted that the "Use It - Lose It" law is currently on the books which applies to minor consuming. Ms. Knuth responded to a misunderstanding of Representative Brown's. Except for minor consuming, the other offenses listed on Page 4 of the legislation are misdemeanors, would be prosecuted as such and would result in misdemeanor sanctions. Only minor consuming would be reduced to a 16 violation for all offenders. Ms. Knuth pointed out that was listed on Page 3, Line 4 of the bill. Representative Navarre questioned the effect of the Alaska Delinquency Laws on the legislation. Ms. Knuth explained that it would effect juvenile delinquency proceedings, they instead would be treated as an adult and appear in district court. Representative Therriault MOVED to report CS SB 46 (RLS) out of Committee with individual recommendations and with the accompanying fiscal notes. There being NO OBJECTION, it was so ordered. CS SB 46 (RLS) was reported out of Committee with a "no recommendation" and with a fiscal note by the Alaska Court System dated 3/6/95 and zero fiscal notes by the Department of Administration dated 3/22/95 and the Department of Law dated 3/6/95. SENATE BILL NO. 117 "An Act establishing a statewide independent living council and clarifying its relationship with existing agencies; and providing for an effective date." STAN RIDGEWAY, DEPUTY DIRECTOR, VOCATIONAL REHABILITATION, DEPARTMENT OF EDUCATION, stated that SB 117 would establish the State Independent Living Council which was introduced by Senator Halford at the request of the Department of Education. In order for Alaska to continue to receive federal funds for independent living, the State must establish, in statute, a Statewide Independent Living Council. Representative Martin MOVED to report CS SB 117 (HES) out of Committee with individual recommendations and with the accompanying fiscal note. There being NO OBJECTION, it was so ordered. CS SB 117 (HES) was reported out of Committee with a "do pass" recommendation and with a fiscal note by the Department of Education dated 3/21/95. HOUSE CONCURRENT RESOLUTION 19 Requesting the Governor to direct the Department of Corrections to establish a task force to study current and future department operations. Representative Mulder stated that HCR 19 would request a task force study of the operations and future needs of the 17 Department of Corrections. He said that the Department of Corrections has been "running so fast to keep up", they have not been able to spend any time thinking about where the Department ought to be going. He added that the resolution and the fiscal note would allow the Department to do the planning necessary in order to control costs. Representative Mulder continued that the task force recommended by the resolution would provide a broad perspective and would be composed of four legislators, five representatives of the administration, one representative of the judiciary branch and three representatives of the public. The task force would be requested to report back by the end of January, 1996. Representative Brown referenced Page 2, Line 6-7, and recommended elements of the comprehensive plan not be predisposed. She recommended deleting the language "for private construction of prison facilities and private operations of prison facilities;." Representative Brown MOVED to adopt Amendment #1. Representative Mulder noted that he would consider that a "friendly" amendment. There being NO OBJECTION, it was adopted. Representative Mulder MOVED to adopt Amendment #2, 9- LS1092\A.1, Lauterbach, 4/26/95. [Attachment #1]. He stated that the amendment would allow for the Governor, the Speaker of the House and the Senate President to select the people from the private sector. Representative Parnell OBJECTED for purposes of discussion. He asked the motivation of the task force in being composed of public and private members as opposed to giving money to the Department to hire a private contractor to perform the service. Representative Mulder replied that he thought the money would not be available through the capital budget and that he felt the Legislature would be more cooperative if they were included in the initial stages of planning of the task force. Representative Mulder advised that privatization of prisons was the future goal in addressing terms of management of a large organization and facility. Representative Martin pointed out that the fiscal note would amount to $1000/day for the task force. He stressed that the work could be performed for a lower cost. Representative Mulder explained that the Department of Corrections also included a fiscal note in the amount of $350 thousand dollars. He continued, following conversations with other people in the business of evaluations, in hiring an outside contractor to do the evaluation, the reasonable cost would be $150 thousand 18 dollars. He then added additional funds to cover the cost of a staff person. Representative Parnell recommended placing the requested funds on the contractual line rather than the miscellaneous line. Representative Mulder stated that the miscellaneous line would allow for the maximum flexibility. Representative Navarre pointed out that the Department of Corrections has had their planning money reduced for many years. He emphasized that short funding would result in an insufficient plan. He recommended fully funding the note requested by the Department. Representative Brown proposed for the Committee's consideration a change to Page 2, Line 13, following the word "organizations", adding the language "who do not have financing interest in the issues to be addressed". She emphasized that there should be an independent objective review. Representative Mulder reminded Committee members that Amendment #2 had not yet been decided. Representative Parnell WITHDREW the OBJECTION to adopting Amendment #2. There being NO further OBJECTION to Amendment #2, it was adopted. Representative Brown MOVED to adopt Amendment #3, the previous recommended language addition to Page 2, Line 13, to avoid the issue of public members having a direct financial interest in the outcome of the legislation. Representative Parnell stated that the independent consultants should be ones that are really "independent". He stated that language was already included on Lines 15 & 16. BOB COLE, DIRECTOR, DIVISION OF ADMINISTRATIVE SERVICES, DEPARTMENT OF CORRECTIONS, commented that in completing joint meetings with the legislative branch, the Department must find a way to accommodate the increasing demands currently placed on the cost of imprisonment. He added that there are many issues at hand with huge financial implications to the State. The language of the resolution is similar to that written by the Department in the capital budget request. Mr. Cole added that this type of project could require spending between $100 thousand to $1.0 million dollars and could take up to five years to complete. He stated that the $350 thousand dollar fiscal note provided by the Department was a modest amount to complete the project. Mr. Cole summarized that it would be the intent of the Department to 19 hire a contractor who clearly did not have financial benefit from the process except on a contractual level. Representative Parnell pointed out that Lines 15 & 16 clarify that the consultant not have a direct financial stake in the enterprise. Representative Mulder agreed with Representative Parnell and felt that inclusion of the language recommended by Representative Brown was not necessary. Representative Brown WITHDREW the MOTION to adopt Amendment #3. Representative Brown asked if both majority and minority representatives would be appointed. Representative Mulder noted that was the intention. Representative Brown advised that should be stipulated in the policy. Representative Mulder stated that would not be necessary. (Tape Change, HFC 95-111, Side 2). Representative Mulder MOVED to adopt Amendment #4. [Attachment #2]. Representative Martin OBJECTED. Representative Mulder stated that there are elements of the study that will take longer to accomplish and which will take time for a comprehensive review. Mr. Cole noted that the Department is bound by three union agreements. If a portion of the analysis requests that a section of the Department be privatized, the State is bound by the union agreement to negotiate a cost benefit analysis. He stressed that would not be possible by next year's legislature. He voiced support for the amendment. A roll call was taken on the MOTION. IN FAVOR: Mulder, Navarre, Parnell, Brown, Kelly, Foster OPPOSED: Martin Representatives Kohring, Therriault, Grussendorf and Hanley were not present for the vote. The MOTION PASSED (6-1). Representative Parnell MOVED that the fiscal note money line be moved to the "contractual" line. There being NO OBJECTION, it was moved. Representative Brown MOVED to report CS HJR 19 (FIN) out of Committee with a "do pass" recommendation and with a fiscal note by the House Finance Committee. ADJOURNMENT 20 The meeting adjourned at 10:15 A.M. 21