Legislature(2007 - 2008)HOUSE FINANCE 519

02/28/2008 01:30 PM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 310 APPROP: OPERATING BUDGET/LOANS/FUNDS TELECONFERENCED
<Bill Hearing Canceled>
+= HB 312 APPROP: MENTAL HEALTH BUDGET TELECONFERENCED
<Bill Hearing Canceled>
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 307 DOMESTIC VIOLENCE OFFENSES TELECONFERENCED
Heard & Held
+= HB 193 POLICE STANDARDS COUNCIL MEMBERSHIP TELECONFERENCED
Moved CSHB 193(STA) Out of Committee
+= HB 351 CONCEALED HANDGUN PERMIT: FINGERPRINTS TELECONFERENCED
Moved CSHB 351(JUD) Out of Committee
HOUSE BILL NO. 193                                                                                                            
                                                                                                                                
     An Act relating to the composition of the Alaska Police                                                                    
     Standards Council; and providing for an effective date.                                                                    
                                                                                                                                
REPRESENTATIVE  BOB ROSES, SPONSOR,  explained that  the bill                                                                   
would add  two certified police  officers with at  least five                                                                   
years  experience  to  the Alaska  Police  Standards  Council                                                                   
(APSC).  By doing that, those  who are charged with daily law                                                                   
enforcement  to the  training  and standards  as State  board                                                                   
participating  members,  certifying   police  officers.    At                                                                   
present, APSC is  the only board with no  representation from                                                                   
the group most affected by its  decisions.  APSC has assigned                                                                   
seats  for the  police chiefs,  the department  commissioners                                                                   
and to members  of the public, there are no  line officers on                                                                   
board.   He maintained  that APSC  has done  a good  job, but                                                                   
could benefit from  the presence of line officers  that bring                                                                   
experience and perspective to the board.                                                                                        
                                                                                                                                
1:58:53 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer MOVED to ADOPT  Amendment 1 to Page 2, Line 8,                                                                   
deleting  "and correctional".    Vice-Chair Stoltze  OBJECTED                                                                   
for discussion purposes.                                                                                                        
                                                                                                                                
Vice-Chair  Stoltze stated  that he wanted  to guarantee  the                                                                   
position of all correctional officers.                                                                                          
                                                                                                                                
Co-Chair  Meyer  inquired if  that  language  had been  added                                                                   
during another committee process.                                                                                               
                                                                                                                                
CRYSTAL KOENEMAN,  STAFF, REPRESENTATIVE  BOB ROSES,  replied                                                                   
the  language was  added  in the  House  State Affairs  (STA)                                                                   
Committee.   She said that  adding the correctional  officers                                                                   
makes the language more complicated,  hence Legislative Legal                                                                   
Services suggested leaving it  out.  Vice-Chair Stoltze noted                                                                   
for  the  record  that  they  (LAA)  should  not  be  in  the                                                                   
"business" of providing policy direction.                                                                                       
                                                                                                                                
2:00:54 PM                                                                                                                    
                                                                                                                                
Representative  Roses recalled  the  discussion, noting  that                                                                   
LAA was not attempting  to make policy, but rather,  it was a                                                                   
part of  an argument  previously  made.  He  agreed with  the                                                                   
comments made by Vice-Chair Stoltze.                                                                                            
                                                                                                                                
Representative Joule inquired  the percentage of correctional                                                                   
officers  that would be  eligible to  serve.   Representative                                                                   
Roses  did not  know.   Representative Joule  hoped that  the                                                                   
legislation would not remove a certain class of employee.                                                                       
                                                                                                                                
Vice-Chair Stoltze commented that  within the law enforcement                                                                   
and public  safety community,  the correctional officers  are                                                                   
underappreciated; he emphasized  the importance of that group                                                                   
of employees.  He maintained his  opposition to the amendment                                                                   
on behalf of the correctional officers.                                                                                         
                                                                                                                                
Representative  Roses  responded that  he  would support  the                                                                   
Committee's decision.                                                                                                           
                                                                                                                                
Representative Kelly asked if  the amendment would change the                                                                   
opposition voiced  by the police chiefs &  the commissioners.                                                                   
Representative  Roses   noted  that  he  had   discussed  the                                                                   
legislation    extensively    with   six    police    chiefs,                                                                   
acknowledging  he   did  not  know  their  position   on  the                                                                   
amendment.                                                                                                                      
                                                                                                                                
2:04:20 PM                                                                                                                    
                                                                                                                                
Co-Chair  Meyer pointed  out that  the police  chiefs do  not                                                                   
like the  bill; he  thought that  amendment would not  matter                                                                   
either way.  Representative Roses agreed.                                                                                       
                                                                                                                                
Representative  Kelly  asked   Co-Chair  Meyer's  intent  for                                                                   
offering the  amendment.  Co-Chair  Meyer hoped  the language                                                                   
would   keep   it   strictly   for   the   police   officers,                                                                   
acknowledging  the  fine  line  between that  group  and  the                                                                   
correctional  officers.  For  the record, Vice-Chair  Stoltze                                                                   
advised  that correctional  officers  are  accredited by  the                                                                   
Alaska Police  Standards Council and are all  law enforcement                                                                   
professionals.                                                                                                                  
                                                                                                                                
Representative Roses  referenced language on Page  1, Line 9,                                                                   
which  allows   the  Governor   to  appoint  a   correctional                                                                   
administrative  officer.    He   did  not  want  to  see  the                                                                   
correctional officers eliminated.                                                                                               
                                                                                                                                
Co-Chair Meyer  asked if the sponsor supports  the amendment.                                                                   
Representative Roses explained,  the language  had been added                                                                   
during another committee process.   He thought the intent was                                                                   
cleaner without  the amendment, reiterating he  would support                                                                   
the will of the Committee.                                                                                                      
                                                                                                                                
2:07:51 PM                                                                                                                    
                                                                                                                                
Co-Chair  Meyer  WITHDREW  Amendment   1.    There  being  NO                                                                   
OBJECTION, it was withdrawn.                                                                                                    
                                                                                                                                
Representative  Crawford agreed that  passage of the  bill is                                                                   
the "right thing  to do", noting that all  other professional                                                                   
standard councils  have membership  to represent  the members                                                                   
doing that work.  He reiterated his support for the bill.                                                                       
                                                                                                                                
Representative Hawker  noted for the record, he  agrees it is                                                                   
correct  thing  to  do,  however,   recognize  that  the  law                                                                   
enforcement community does not  favor the bill.  He added his                                                                   
support.                                                                                                                        
                                                                                                                                
Representative   Kelly  realized  it   was  clear   that  the                                                                   
leadership of that community is  not in favor of the proposed                                                                   
change.   He  recommended  that  current law  be  maintained,                                                                   
urging the bill not be moved out of Committee.                                                                                  
                                                                                                                                
Vice-Chair Stoltze  agreed with  the statements  submitted by                                                                   
the  police officers.   Representative  Roses referenced  the                                                                   
language of  the bill indicating  that the Governor  may pick                                                                 
from that group.   He stated that it is important  that those                                                                   
names brought forward are recommended  by the council & their                                                                   
criterion  checked.   He wanted  to  see "line  guys" on  the                                                                   
council.                                                                                                                        
                                                                                                                                
Vice-Chair  Stoltze  asked if  a  police union  could  select                                                                   
someone not  represented by  their organizational  fraternity                                                                   
and  if so,  could  it become  an  exclusive  placement.   He                                                                   
mentioned   the   political  pressures   that   happen   when                                                                   
appointments  occur.   He  maintained  his  support   of  the                                                                   
correctional   officers  being   included  on  the   council.                                                                   
Representative Roses agreed, understanding the conflict.                                                                        
                                                                                                                                
2:15:37 PM                                                                                                                    
                                                                                                                                
Representative  Gara advised that  the bill does  not address                                                                   
the concerns of  the Committee.  The bill does  not adopt pro                                                                   
or anti labor  positions.  The bill adopts  positions only on                                                                   
police officers  conduct and standards.   He pointed  out the                                                                   
division of the Committee of those  who are pro-labor or not.                                                                   
He believed that either position  would have little impact on                                                                   
how the council accomplishes their  work.  He stated there is                                                                   
nothing the  council can  do that would  favor either  pro or                                                                   
con  labor  issues.   He  agreed  that there  are  legitimate                                                                   
arguments  on  labor  concerns  but thought  they  would  not                                                                   
happen under the context of HB 351.                                                                                             
                                                                                                                                
2:17:15 PM                                                                                                                    
                                                                                                                                
Vice-Chair Stoltze  interjected that no one  on the Committee                                                                   
was speaking about  pro or anti labor, pointing  out there is                                                                   
no language  addressing that.   He  discussed the concern  of                                                                   
eligibility.  The  work of a professional organization  is to                                                                   
protect jobs when  someone is challenged.  He  reiterated his                                                                   
concern with the eligibility pool  and who might be excluded.                                                                   
                                                                                                                                
2:18:37 PM                                                                                                                    
                                                                                                                                
Representative Gara stood corrected on his observation.                                                                         
                                                                                                                                
2:20:50 PM                                                                                                                    
                                                                                                                                
Vice-Chair Stoltze  MOVED to  REPORT CS HB  193 (STA)  out of                                                                   
Committee  with  individual  recommendations   and  with  the                                                                   
accompanying fiscal notes.  There  being NO OBJECTION, it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
CS  HB 193  (STA)  was reported  out  of Committee  with  "no                                                                   
recommendation" and with new zero  notes by the Department of                                                                   
Corrections and Department of Public Safety.                                                                                    
                                                                                                                                
                                                                                                                                
2:21:32 PM                                                                                                                    
                                                                                                                                
Co-Chair Chenault apologized for  the record that he had made                                                                   
comments to  Representative Nelson  regarding charter  school                                                                   
funding.   He understood  that there  had been $100  thousand                                                                   
dollars put  in, and last  year during Conference  Committee,                                                                   
it was reduced to $50 thousand  dollars.  He pointed out that                                                                   
zero dollars had been placed in  by the House & $200 thousand                                                                   
dollars  was  placed  in  by  the  Senate.    The  Conference                                                                   
Committee did settle at $100 thousand dollars.                                                                                  
                                                                                                                                

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