Legislature(1993 - 1994)
03/17/1994 08:30 AM House FIN
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
HOUSE BILL NO. 319
"An Act relating to the training of law enforcement and
corrections officers; to the establishment of
surcharges to be assessed for violations of certain
traffic offenses; creating the Alaska Police Standards
Training Fund; and providing for an effective date."
Members were provided with a committee substitute work
draft, 8-LS1237\R, dated 3/16/94 (copy on file).
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SANDY NUSBAUM, STAFF, REPRESENTATIVE PHILLIPS testified in
support of the committee substitute. She noted that
Representative Phillips served as chairman of the governor's
Task Force on the Contract Jail Program. She emphasized
that no standards for operational staffing exists within the
contract jails program. She noted that some contractors
operate with full-time employees and other operate by
utilizing dispatch staff for jail operations. She asserted
that custodial care must be provided by professionally
trained correctional staff. She stated that correctional
personnel are not receiving adequate training.
Ms. Nusbaum observed that the Alaska Police Standards
Council is mandated by statute to establish and maintain
police training programs, probation and parole officer
training programs, and correctional training programs. She
maintained that funding has been insufficient to allow the
Alaska Police Standards Council to provide annual statewide
training.
Ms. Nusbaum explained that the legislation would establish a
statewide training fund for law enforcement officials.
Revenues would be generated by assessing a surcharge against
moving traffic violations. She asserted that the
legislation will enable the Alaska Police Standards Council
to function in a manner that will enhance performance and
accountability within the law enforcement and corrections
community.
Ms. Nusbaum observed that HB 319 was amended in the House
Judiciary Committee. She outlined the amendment made by the
House Judiciary Committee.
Ms. Nusbaum referred to the fiscal note prepared by the
Alaska Police Standards Council, Department of Public
Safety. She observed that the fiscal note anticipates that
collectable annual revenues will be approximately $700.0
thousand dollars.
Ms. Nusbaum noted that the sponsor is requesting that the
committee substitute be adopted. She observed that the
committee substitute would enable the courts to allow
defendants who are unable to pay the surcharge to perform
community work in lieu of the surcharge. The committee
substitute would also change the effective date clauses to
allow the Alaska Court System adequate time to prepare in-
house accounting systems and to allow the Alaska Police
Standards Council to adopt regulations to implement the
legislation.
Ms. Nusbaum pointed out that the Alaska Court System
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submitted a fiscal note for $10.0 thousand dollars to cover
the revision of traffic booklets and minor computer
programming.
Representative Grussendorf questioned if the fiscal note
could be paid by general fund program receipts.
Representative Parnell indicated that general fund program
receipts would be an appropriate funding source.
LADDIE SHAW, EXECUTIVE DIRECTOR, ALASKA POLICE STANDARDS
COUNCIL explained in response to a question by
Representative Brown, that moving violations would be
assessed the surcharge.
Representative Brown asked if municipal ordinances would be
included. Mr. Shaw replied that municipal ordinances would
apply.
Representative Brown addressed the Alaska Police Standards
Council's fiscal note. She noted that funding is included
for a satellite system. Mr. Shaw described the intended
uses of the satellite. Mr. Shaw noted that the satellite
would be used for interactive video systems. This will
allow the law enforcement and corrections community to down
link interactive training available in other states. Ten
regional areas would be connected to the satellite down
link.
Representative Brown questioned if RATNet could be utilized.
She noted that funding was provided to analysize multiple
use of RATnet, through the Department of Administration.
She observed that improved technology would allow eight
channel reception. She was reluctant to authorize a single
stand alone system.
Mr. Shaw indicated the Alaska Police Standards Council was
willing to work with or adapt to any existing system. He
emphasized that the Alaska Police Standards Council could
use savings to advance training in other ways.
Representative Brown pointed out that the multi channel
RAtNet system is not currently operational.
Representative Grussendorf clarified that seat belt
violations would be included. He expressed concern that the
legislation would affect officer's attitude in regards to
issuance of citation due to its revenue enhancing nature.
Mr. Shaw emphasized that community base training would
offset any inclination to issue fines. He pointed out that
of 28,000 citations for seat belt violations only 12,000
carried fines. He asserted that the legislation would not
make a difference in the mind of the officer. He reiterated
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his desire to see training to develop community/officer
involvement and communication.
Representative Navarre supported the intent of the
legislation. He noted that the program would raise revenues
by $700.0 thousand dollars. He questioned if the Alaska
Police Standards Council training should be given a higher
priority than other areas in the Department of Public
Safety's budget that will not be funded in FY 95.
Representative Martin echoed the concerns of Representative
Grussendorf, in regards to the issuance of additional
citations carrying fines. He noted the extra accounting
costs that creation of a surcharge would require.
Representative Parnell noted that the surcharge would not be
uniform. He wondered if the question of constitutional
equal protection rights would be raised.
JERRY LUCKHAUPT, LEGAL COUNSEL, LEGISLATIVE AFFAIRS AGENCY
did not think that the $10 versus $25 dollar surcharge would
cause equal protection rights issues to be raised. He
suggested that the legislature is identifying more serious
moving violations as violations meritorious of the $25
dollar surcharge. He added that violations identified for
the $25 dollar surcharge are ones that could result in the
loss of a licence. Violations carrying a $10 surcharge are
non criminal, less serious offenses.
Mr. Luckhaupt discussed equal protection criteria used by
the court to assure there is no interference to equal
protection rights.
Representative Parnell suggested that the state could argue
that the surcharge is increased to correspond to the
increase in severity of the violation. Mr. Luckhaupt agreed
that the more serious violations require a greater level of
law enforcement expertise.
Representative Parnell asked if Alaska or other states have
tiered surcharges. Mr. Luckhaupt pointed out that the state
of Alaska has no other surcharges. He observed that other
states have surcharges to cover victims compensation.
Representative Parnell questioned if the surcharge needs to
be tied to a corresponding program. Mr. Luckhaupt believed
the legislature could inaugurate a surcharge separate from a
program. He pointed out that revenues generated by the
surcharge would have to be appropriated by the legislature.
He suggested that a surcharge could be viewed as an
increased fine.
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Co-Chair Larson asked the fiscal impact of deleting the $10
dollar surcharge. Representative Brown noted that according
to page 2 of the Department of Public Safety's fiscal note
the majority of revenues would come from the $10 dollar
surcharge.
Representative Brown asked for more information regarding
the contractual line of the fiscal note by the Department of
Public Safety. Mr. Shaw responded that contractual money
would be used for in service training.
Representative Brown noted that the Alaska Police Standards
Council's current funding level is $276.0 thousand dollars.
The fiscal note requests that all $698.6 thousand dollars
generated by the legislation be appropriated to the Alaska
Police Standards Council for training. Mr. Shaw emphasized
that the current level only allows basic level training. He
stressed that field and supervisor training would be funded
along with in service training.
Representative Brown noted that the contractual line is
increased from $180.7 thousand dollars in FY 95 to $580.7
thousand dollars in succeeding years. Mr. Shaw stressed
that on site training will be increased in subsequent
years.
Representative questioned estimates used for equipment. She
asked if surplus desks and chairs could be used. Mr. Shaw
agreed that surplus equipment may be located but emphasized
that computer network needs could not be met by surplus
equipment.
In response to a question by Co-Chair Larson, Mr. Shaw noted
that the Alaska Police Standards Council has a statutory
requirement to provide training to officers.
(Tape Change, HFC 94-65, Side 1)
Representative Brown questioned how the training program
will address problems of increased homelessness, poverty and
drug addiction.
Mr. Shaw noted that training needs to address sensitive
based community training.
Representative Brown asked for a minimum amount of funding
needed to make a difference in training levels. She asked
if there is an intermediate level of funding which will
allow training beyond the basic level. Mr. Shaw observed
that it costs $2,200 to train one officer at the academy for
one week. He pointed out that it would cost over a half a
million dollars to train all 22,000 officers. He emphasized
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that as an instructor he experienced troopers at the academy
that had not repeated their CPR training in over 10 years.
He observed that training needs vary in each community.
Representative Brown suggested that most of the surcharge
will be collected in Anchorage and spent in other areas.
Mr. Shaw assured her that 53 percent of the law enforcement
base is on the road system and could therefore come to
Anchorage for training. He observed that 60 percent of the
surcharge will come from Anchorage. He asserted that the
training will be officer equitable.
Representative Hanley noted that the fiscal note will need
to be adjusted to account for the change in effective date.
Co-Chair Larson suggested that Representative Parnell look
at the fiscal note.
Representative Hanley observed that funding for Alaska
Police Standards Council training would be subject to
legislative approval even if it is accounted for separately
in the General Fund. He maintained that costs would need to
be justified. He expressed concern that equipment estimates
are high.
Representative Hanley referred to other legislation (HB 442)
which addresses training needs in the Department of
Corrections and Department of Public Safety.
Mr. Shaw compared programs in other states. He observed
that 30 other states have similar surcharges. He pointed
out that Utah has experienced a decline in citations since
their program was initiated. He stressed that the majority
of states have tiered surcharges.
In response to a question by Representative Parnell, Mr.
Shaw observed that estimated revenues were based on
anticipated actual dollars collected. They estimate that 72
percent of the surcharge will be collected.
Co-Chair Larson pointed out that the word "ordinance" is
misspelled on page 2, line 14.
Co-Chair Larson MOVED to ADOPT work draft, 8-LS1237\R, dated
3/16/94. There being NO OBJECTION, it was so ordered.
Representative Brown expressed her preference that the
surcharge be deposited in the General Fund without the
creation of a separate fund. If the Committee choses to
retain the Fund she would recommend that the $10 surcharge
be deleted and a lower level of funding dedicated to
training.
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Representative Brown observed that the legislation could be
viewed as a revenue measure. She suggested that sections 1
and the creation of the Alaska Police Training Fund be
deleted. She observed that revenues could be used to offset
reductions in the Department of Public Safety's budget. She
expressed support for an increased level of funding for
training but questioned if training is the highest funding
priority.
Representative Parnell agreed with the deletion of section
1. He disagreed with the deletion of section 4 creating the
Alaska Police Training Fund. He pointed out that
anticipated revenues and subsequent appropriations would not
be part of this year's budget discussions, due to the
effective date.
Representative Brown observed that a separate account
creates additional overhead. She maintained that a
surcharge could be added to maintain public safety
functions. She suggested that an immediate effective date
could be adopted if the changes she suggested were made.
Ms. Nusbaum replied that the Alaska Court System fiscal note
is predicated on the change to their bail forfeiture
schedule. She suggested that the Alaska Police Standard
Council would need time to put the system in place. She
suggested that the program is equated to a sales tax rebate.
She reiterated that the legislature has the prerogative to
fund the training if they chose.
Representative Brown reiterated that it may not be worth the
overhead to separately account for the funds.
Representative Navarre maintained that any surcharge would
justify the Alaska Court System's fiscal note. He referred
to publications costs detailed in the fiscal note. He
questioned if the cost would be reduced if the effective
date clause is delayed.
Co-Chair Larson assigned CSHB 319 (FIN) to a subcommittee
consisting of Representative Parnell.
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