Legislature(2001 - 2002)
02/21/2002 01:52 PM House FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE FINANCE COMMITTEE
February 21, 2002
1:52 PM
TAPE HFC 02 - 30, Side A
CALL TO ORDER
Co-Chair Williams called the House Finance Committee meeting
to order at 1:52 PM.
MEMBERS PRESENT
Representative Eldon Mulder, Co-Chair
Representative Bill Williams, Co-Chair
Representative Con Bunde, Vice-Chair
Representative Eric Croft
Representative John Davies
Representative Richard Foster
Representative John Harris
Representative Bill Hudson
Representative Ken Lancaster
Representative Carl Moses
Representative Jim Whitaker
MEMBERS ABSENT
None
ALSO PRESENT
Representative Fred Dyson; Representative Kevin Myers,
Sponsor; Joann Gibbens, Program Administrator, Division of
Division of Family and Youth Services, Department of Health
and Social Services; Remond Henderson, Director, Division of
Administrative Services, Department of Labor and Workforce
Development; Rebecca Nance Gamez, Deputy Director,
Department of Labor and Workforce Development; Rich
Mastriano, Division of Labor and Standards, Department of
Labor and Workforce Development; Laura Hugonin, Executive
Director, Alaska Network on Domestic Violence and Sexual
Assault.
PRESENT VIA TELECONFERENCE
Roselynn Cacy, Adult Learning Center, Anchorage.
SUMMARY
HB 56 "An Act relating to minimum wages."
HB 56 was rescheduled and not heard.
HB 209 "An Act directing the Department of Health and
Social Services to establish a foster care
transition program; relating to that program; and
providing for an effective date."
CSHB 209 (HSS) was REPORTED out of Committee with
a "do pass" recommendation and with a previously
published zero fiscal note: #1 (LAW).
HB 262 "An Act relating to accounting for and
appropriations of receipts from fees collected by
the Department of Labor and Workforce Development
for certain inspections and for certain plumbing
and electrical worker certificates of fitness;
establishing a building safety account; and
providing for an effective date."
HB 262 was heard and HELD in Committee for further
consideration.
HB 297 "An Act related to aggravating factors at
sentencing."
CSHB 297 (JUD) was REPORTED out of Committee with
a "do pass" recommendation and with three
previously published fiscal notes: #1 (LAW), #2
(ADM), and #3 (COR).
HOUSE BILL NO. 209
"An Act directing the Department of Health and Social
Services to establish a foster care transition program;
relating to that program; and providing for an
effective date."
(Tape Failure occurred at the beginning of the meeting).
REPRESENTATIVE DYSON, spoke on behalf of the House Health,
Education and Social Services Standing Committee, sponsor of
HB 209 in support of the legislation. He observed that the
questioned is whether or not help should be provided to
children that are "aging out" of the state foster care
system. Currently, foster care children turning 18 years of
age receive what is left of their accumulated permanent fund
dividends and are sent on their way. The federal government
has passed the Foster Care Independence Act in recognition
that kids who have spent their lives in state custody may be
ill equipped to take up independent living when they turn
18. The legislation would use federal funds to implement
services for children ages 18 - 21, [who are no longer in
foster care]. The University of Alaska has agreed to take
some of the children on scholarships and labor unions have
agreed to apprenticeship programs to assist in providing job
skills. He pointed out that these children were not
successfully adopted and many of them have had less than
ideal living situations. Many of these children have issues
regarding behavior problems. He emphasized that the program
could make a significant difference in the lives of many of
these kids.
Representative Harris questioned if federal funds would be
on going or if the state would be asked to take over the
cost of the program.
JOANN GIBBENS, PROGRAM ADMINISTRATOR, DIVISION OF DIVISION
OF FAMILY AND YOUTH SERVICES, DEPARTMENT OF HEALTH AND
SOCIAL SERVICES, explained that it is a 5-year federal
program. At the end of five years the program would be
subject to renewal.
Representative John Davies spoke to the fiscal note. He
observed that the Division expects to receive a minimum of
$500 thousand federal dollars and questioned if the
Division's current statutory authority would be sufficient
without the need for additional authority through the
Legislative Budget and Audit Committee.
Ms. Gibbens observed that the Division of Family and Youth
Services has the authority to expend funds. She explained
that the funds would be available to all children in their
custody that are aging out or expected to age out without a
permanent home.
Representative Hudson questioned how many youths would be
served and what services would be provided. Representative
Dyson explained that there are approximately 200 receiving
services: approximately 40 - 60 would age out each year. The
most immediate need is for housing. He noted that services
would also be directed toward making a living, through help
from the university and trade schools. Life skills, such as
keeping a checkbook, would also be taught. Programs would be
individualized.
In response to a question by Representative Whitaker, Ms.
Gibbens noted that the first federal appropriation was $500
thousand dollars, which began in 2000. Representative
Whitaker observed that the state has been able to receive
the funds since 2000 and questioned the need for
legislation. Ms. Gibbens explained that current Alaska
statutes do not allow services for children over the age of
18, who are no longer in custody. Federal law requires that
a portion of these funds be used for older children, when
they leave state care. The funds are currently being used
for older children that are moving out of custody. The
legislation would give authority to use the funds on
children that have moved out of custody. The legislation
applies to those over 18.
Representative John Davies referred to page 2, line 12. He
noted that the program development is subject to
appropriation. He questioned if there would be a new line in
the operating budget to appropriate the federal funds. Ms.
Gibbens clarified that the funds have already been received.
What is missing is the statutory authority to spend the
funds on those over 18 years of age. The funds have not all
been expended. The intent is to add to the priorities by
providing services for those over 18 years of age.
Representative Harris summarized that the Division is
looking for statutory authority to comply with the federal
requirements.
ROSELYNN CASCY, ADULT LEARNING CENTER, ANCHORAGE, testified
via teleconference. She noted that they provide services to
children that have been in foster care and expressed support
for the legislation.
In response to a question by Vice-Chair Bunde,
Representative Dyson stated that the federal enabling
legislation is for 5 years and is subject to renewal. He
expressed the hope that improved services by the Division of
Family and Youth Services would aid children in their
ability to take care of themselves after their release from
state custody. The program will cease if state funds are not
appropriated after federal funding has ended. He stressed
that the benefit would be derived from the program over the
next 5 years.
In response to a question by Vice-Chair Bunde,
Representative Dyson observed that much of the work has
dealt with finding safe housing and helping them to find a
job path.
Representative Foster MOVED to report CSHB 209 (HSS) out of
Committee with the accompanying fiscal note. There being NO
OBJECTION, it was so ordered.
CSHB 209 (HSS) was REPORTED out of Committee with a "do
pass" recommendation and with a previously published zero
fiscal note: #1 (LAW).
HOUSE BILL NO. 262
"An Act relating to accounting for and appropriations
of receipts from fees collected by the Department of
Labor and Workforce Development for certain inspections
and for certain plumbing and electrical worker
certificates of fitness; establishing a building safety
account; and providing for an effective date."
Representative Lisa Murkowski, Sponsor, spoke in support of
the legislation. She noted that the legislation was at the
request of the department to eliminate the sizeable backlog
of elevator and boiler inspections.
In the mid-1990s there were five electrical inspectors, two
elevator inspectors, and five boiler/pressure vessel
inspectors to inspect approximately 600 elevators statewide.
Currently there are only two electrical inspectors, one
elevator inspector, and three boiler pressure inspectors to
inspect nearly 900 elevators, with nearly 6,000
boiler/pressure vessels overdue for inspection.
Representative Murkowski explained that revenue collected by
the four additional inspectors would generate enough funds
for the program to pay for itself. She noted that
discussions have occurred regarding the ability of private
industry to provide the services. She concluded that if the
backlog is going to be reduced and the safety addressed
additional inspectors are needed.
Vice-Chair Bunde referred to the fiscal note and questioned
why it is not a net zero.
REMOND HENDERSON, DIRECTOR, DIVISION OF ADMINISTRATIVE
SERVICES, DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT
explained that the cost of the two boiler inspectors and the
elevator inspectors would be $276 thousand dollars but that
fees collected would only be $235 thousand dollars. The fees
do not cover 100 percent of the costs. The elevator
inspectors would not cover their costs; the mechanical
inspectors do cover their costs.
Vice-Chair Bunde questioned why the fees were not raised to
cover the costs. Representative Murkowski observed that fees
are uniformed, and pointed out that inspections occur in
small remote communities, which cannot sustain the cost. Mr.
Henderson noted that fees were revised to $40 - $75 dollars
per boiler inspections, depending on size. He added that the
entire component would be self-sustaining overtime,
including elevator and boiler inspections.
TAPE HFC 02 - 30, Side A
Mr. Henderson explained that the estimated increase is $25
thousand dollars per year from fees for mechanical
inspections.
Representative Hudson observed that the workforce is being
increased to accomplish more of the inspections, which would
raise revenues from fees.
Mr. Henderson clarified that the fees were increased, but
the fees still do not cover costs. Vice-Chair Bunde
questioned why fees are not sufficient to cover costs. Mr.
Henderson stressed that the intent is to cover costs in the
future.
Representative Lancaster agreed that costs should be
covered. Representative Murkowski acknowledged that there
may need to be an amendment. Representative Harris suggested
that fees would have to be raised.
Mr. Henderson stressed that the component is being reduced
by $363 thousand general fund dollars and $695.5 thousand
dollars in general fund program receipts. These funds are
being replaced with income from the Building Safety Account.
The bill addresses the whole program with the goal of making
it self-sufficient.
Representative John Davies asked for further clarification
of the fiscal note. Mr. Henderson noted that the Division
takes in approximately $1 million dollars a year in program
receipts, but only has authorization to spend $695.0
thousand dollars; the rest is lapsing. Representative Davies
concluded that the Division receives excess receipts already
and is asking for authority to expend them under the new
category.
In response to a question by Representative Croft, Mr.
Henderson clarified that the change in revenues from the
increase in fees is $235.0 thousand dollars.
Representative Lancaster questioned what would happen after
the backlog is addressed.
REBECCA NANCE GAMEZ, DEPUTY DIRECTOR, DEPARTMENT OF LABOR
AND WORKFORCE DEVELOPMENT explained that there is an aging
workforce in the mechanical inspection portion of their
operation and thought that attrition would take care of the
issue once the backlog is handled. She noted that there are
a couple of employees who are slated for retirement but
agreed to stay on to assist in the backlog. She noted that
the positions are difficult to fill.
Representative Whitaker asked how the legislation would
affect the fees. Ms. Gamez observed that fees are
established by regulation. She did not think that fees would
be affected by the legislations.
RICH MASTRIANO, DIVISION OF LABOR AND STANDARDS, DEPARTMENT
OF LABOR AND WORKFORCE DEVELOPMENT explained that the fees
are an averaged based on the entire state. If fees were
raised some outlying areas would be set at a higher rate.
HB 262 was heard and HELD in Committee for further
consideration.
HOUSE BILL NO. 297
"An Act related to aggravating factors at sentencing."
REPRESENTATIVE KEVIN MYERS, SPONSOR, spoke in support of the
legislation. He noted that HB 297 adds an aggravating factor
that says when drugs or alcohol are used to lower the
inhibitions of a person to a point where they become the
victim of a sexual assault; the seriousness of the crime
should and could be elevated in the eye of the court. By
adding this to the list of aggravating factors (there are
already 28 or 29) defendants in felony sexual assault crimes
may be held to a higher degree of punishment. HB 297 will
allow a judge to increase a presumptive sentence up to the
maximum term of imprisonment for that offense. Sexual
assault continues to be a crime that devastates our
communities: both urban and rural.
Representative Myer noted that he is on the Board of
Directors of STAR (Stand Together Against Rape). He
explained that there are new drugs, Rohypnol and GHB, which
are commonly known as "date rape" drugs. Sex offenders use
these drugs to prevent victims from being able to resist,
and defend themselves. He noted that he has two daughters
and expressed his concern, as a father, that they could
experience such drugs. He maintained that society wants sex
offenders who use these drugs to receive stiffer penalties.
The bill does not require the Court to impose stricter
penalties in sexual assault cases [involving drugs or
alcohol]; it simply provides the court with the ability to
do so.
Representative Myer observed that there are two
indeterminate fiscal notes and one zero fiscal note and
acknowledged that there could be additional fiscal costs if
a judge used the aggravator to increase sentencing, but felt
that the impact would be relatively small.
Representative Foster observed that a first time offender
could receive from 8 to 30 years. He questioned why the
fiscal note is zero. Representative Myer explained that the
maximum that could be given is 30 years. Eight years is the
presumptive sentence for sexual assault. He acknowledged
that a judge could go up to 30 years, but he felt it would
be unlikely.
Vice-Chair Bunde pointed out that males are not the only
ones responsible for sexual assault. He recalled that
legislation was previously passed regarding the use of "date
rape" drugs and questioned how HB 297 would fit. He noted
that it was already illegal to use a date rape drug.
Representative Croft explained that the previous legislation
criminalized possession and distribution of "date rape"
drugs. The current legislation would address the use of date
rape drugs or anything that would incapacitate someone in an
attempt to further the crime of rape.
Representative Whitaker expressed concern that the
provisions of the legislation could be abused. He questioned
if there were discussions in previous committees regarding
possible abuse of the provision. He gave the example of two
persons, sharing a bottle of wine, where one decides
afterwards that there was a circumstance that occurred that
would not have occurred without the bottle of wine.
Representative Myer recalled discussions, which occurred in
the House Judiciary Committee regarding the scenario, put
forth by Representative Whitaker. He noted that the key word
is "incapacitated." He observed that "incapacitated" means:
"temporarily incapable of appraising the nature of one's own
conduct or physically unable to express unwillingness to
act." He pointed out that sexual assault is difficult to
prove. He concluded that a couple sharing a bottle of wine
would not be a factor.
Representative Myer recalled that Representative Berkowitz
argued that the aggravator was unneeded since an aggravator
exists under AS 12.55.155(c)(5) that: the defendant knew or
reasonably should have known that the victim of the offense
was particularly vulnerable or incapable of resistance.
However, the director of STAR provided examples of related
cases in which the court didn't use AS 12.55.155(c)(5) in
sentencing. Representative Meyer stressed the need to
clarify that [date rape] drugs and excessive alcohol would
not be tolerated in cases of sexual assault.
Representative John Davies pointed out that they would have
to demonstrate that the wine was shared with the intent of
incapacitating the victim for the purpose of sexual assault.
Representative Hudson questioned if the legislation was on
behalf of the judicial system. Representative Myer clarified
that the Board of Directors for STAR discussed the need for
the legislation. Representative Hudson observed that the
legislation is permissive.
LAURA HUGONIN, EXECUTIVE DIRECTOR, ALASKA NETWORK ON
DOMESTIC VIOLENCE AND SEXUAL ASSAULT testified in support of
the legislation. She explained that Rohypnol and GHB were
added to the felony drug list in 1997. There has been more
use of GHB in connection with sexual assault in Alaska,
especially in the Kenai among younger offenders. She
stressed the need for a strong message. She acknowledged the
extension of jail time but emphasized that concurrent
sentences, probation and other factors mitigate jail time.
In response to a question by Representative John Davies, Ms.
Hugonin recalled that some cases were brought forward in
Anchorage.
Representative John Davies thought that the presumptive
range was currently 8 to 25 years. The legislation would
only extend the maximum range by 5 years.
Vice-Chair Bunde noted that some drugs are illegal to
possess but not illegal to use. He questioned if that were
the case with Rohypnol and GHB.
Ms. Hugonin pointed out that the in situations were there is
sexual assault the drugs are surreptitiously given to the
victim. The drug can take away the victim's ability to move.
Representative Hudson questioned if the value is in the form
of prevention. Ms. Hugonin observed that media campaigns
would educate persons regarding the penalty, but that there
would be additional value in the prevention of additional
assaults during their time of incarceration. She observed
that sexual offenders generally commit multiple offenses.
Representative Foster MOVED to report HB 297 (JUD) out of
Committee with the accompanying fiscal note. There being NO
OBJECTION, it was so ordered.
CSHB 297 (JUD) was REPORTED out of Committee with a "do
pass" recommendation and with three previously published
fiscal notes: #1 (LAW), #2 (ADM), and #3 (COR).
ADJOURNMENT
The meeting was adjourned at 3:03 PM
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