Legislature(1997 - 1998)

01/27/1997 01:00 PM House JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
               HOUSE JUDICIARY STANDING COMMITTEE                              
                        January 27, 1997                                       
                           1:00 P.M.                                           
                                                                               
 MEMBERS PRESENT                                                               
                                                                               
 Representative Joe Green, Chairman                                            
 Representative Con Bunde, Vice Chairman                                       
 Representative Brian Porter                                                   
 Representative Norman Rokeberg                                                
 Representative Jeannette James                                                
 Representative Eric Croft                                                     
 Representative Ethan Berkowitz                                                
                                                                               
 MEMBERS ABSENT                                                                
                                                                               
 All members were present                                                      
                                                                               
 COMMITTEE CALENDAR                                                            
                                                                               
 OVERVIEW:  Department of Public Safety                                        
                                                                               
 PREVIOUS ACTION                                                               
                                                                               
 No previous action to record                                                  
                                                                               
 WITNESS REGISTER                                                              
                                                                               
 RONALD L. OTTE, Commissioner                                                  
 Department of Public Safety                                                   
 P.O. Box 111200                                                               
 Juneau, AK  99811-1200                                                        
 Telephone:  (907)465-4322                                                     
                                                                               
 CRAIG GOODRICH, Director State Fire Marshall                                  
 Department of Public Safety                                                   
 5700 East Tudor Road                                                          
 Anchorage, AK  99507                                                          
 Telephone:  (907)269-5722                                                     
                                                                               
 MARY MORAN, Director                                                          
 Highway Safety Planning Agency                                                
 Department of Public Safety                                                   
 P.O. Box 111200                                                               
 Juneau, AK  99811-1200                                                        
 Telephone:  (907)465-4371                                                     
                                                                               
 LADDIE SHAW, Executive Director                                               
 Alaska Police Standards Council                                               
 Department of Public Safety                                                   
 P.O. 111200                                                                   
 Juneau, AK  99811-1200                                                        
 Telephone:  (907)465-4378                                                     
                                                                               
 COLONEL GLENN GODFREY, Director                                               
 Division of Alaska State Troopers                                             
 Department of Public Safety                                                   
 5700 East Tudor Road                                                          
 Anchorage, AK  99507-1225                                                     
 Telephone:  (907)269-5641                                                     
                                                                               
 COLONEL JOHN GLASS, Director                                                  
 Division of Fish & Wildlife Protection                                        
 Department of Public Safety                                                   
 5700 East Tudor Road                                                          
 Anchorage, AK  99507-1225                                                     
 Telephone:  (907)269-5509                                                     
                                                                               
 KENNETH E. BISCHOFF, Director                                                 
 Administrative Services                                                       
 Department of Public Safety                                                   
 P.O. Box 111200                                                               
 Juneau, AK  99811-1200                                                        
 Telephone:  (907)465-4336                                                     
                                                                               
 JAYNE ANDREEN, Executive Director                                             
 Council on Domestic Violence & Sexual Assault                                 
 Department of Public Safety                                                   
 P.O. Box 111200                                                               
 Juneau, AK  99811-1200                                                        
 Telephone:  (907)465-4356                                                     
                                                                               
 ACTION NARRATIVE                                                              
                                                                               
 TAPE 97-4 , SIDE A                                                            
 Number 000                                                                    
                                                                               
 The House Judiciary Standing Committee was called to order by                 
 Chairman Joe Green at 1:00 p.m.  Members present at the call to               
 order were Representatives Brian Porter, Norman Rokeberg, Eric                
 Croft and Ethan Berkowitz.                                                    
                                                                               
 CHAIRMAN JOE GREEN invited Ronald Otte, Commissioner, Department of           
 Public Safety, to come forward with his presentation of the                   
 Department of Public Safety.                                                  
                                                                               
 Number 074                                                                    
                                                                               
 OVERVIEW:  Department of Public Safety                                        
                                                                               
 RONALD OTTE, Commissioner, Department of Public Safety, advised               
 members that the department serves the public and the criminal                
 justice community in a wide variety of ways; highway patrol and               
 accident investigations, criminal investigations, search and rescue           
 operations, drivers licensing, motor vehicle registration,                    
 concealed handgun permitting, enforcement of sport fish and hunting           
 regulations and criminal history background checks for employment             
 purposes.                                                                     
                                                                               
 Number 490                                                                    
                                                                               
 COMMISSIONER OTTE advised members that personnel costs made up the            
 greater share of the department's budget.  He pointed out that in             
 the last 10 years, the ratio of troopers to population had                    
 decreased approximately 25 percent.                                           
                                                                               
 COMMISSIONER OTTE pointed out that since 1984, the state had spent            
 approximately $4.5 billion on its capital budget with Public                  
 Safety's share amounting to approximately $24 million, or one half            
 of one percent of the statewide total.                                        
                                                                               
 Representatives Bunde and James arrived.                                      
                                                                               
 CRAIG GOODRICH, State Fire Marshall & Director of Fire Prevention,            
 Department of Public Safety, advised members that his position was            
 created primarily for the purpose of fostering fire prevention                
 activities in the state.  He explained that presently, the State              
 Fire Marshall was responsible for reviewing and acting, in a quasi            
 fashion, as the chief building official in the state of Alaska.               
 Mr. Goodrich noted that during 1996 they had reviewed over 1500               
 plans for construction in the state which totalled somewhat over $1           
 billion.                                                                      
                                                                               
 MR. GOODRICH pointed out that in 1996, 29 people were killed in               
 residential fires, of which none of households had operating smoke            
 detectors.  He advised members that the issue of operable smoke               
 detectors was one area the division were focusing heavily on                  
 through various educational programs.                                         
                                                                               
 MR. GOODRICH advised members that the fire marshall was responsible           
 for licensing all fire departments that operate within the state.             
 He noted that if a particular fire department did not register with           
 the state Fire Marshall's Office they would not have the authority            
 to operate and function in that community and would be required to            
 obtain a search warrant in order to do so.                                    
                                                                               
 MR. GOODRICH advised members that the state of Alaska had the worst           
 loss of life and property loss due to fires of any state in the               
 nation.  He noted that the United States had the worst fire                   
 casualty statistic in the world.                                              
                                                                               
 MR. GOODRICH pointed out that the Fire Marshall had statutory                 
 oversite for 321 fire departments.  He advised members that in                
 1995, 40 percent of fire fatalities in the state were a direct                
 result of juvenile arson.                                                     
                                                                               
 REPRESENTATIVE JEANNETTE JAMES referenced the numbers of school               
 fires in the state and asked if the division provided fire                    
 inspections for schools and what types of code upgrades were                  
 necessary.                                                                    
                                                                               
 MR. GOODRICH advised members that there was an emergency regulation           
 that resulted in the adoption of the regulation which requires                
 sprinkler systems to be installed in all new school construction              
 projects, as well as schools requiring major remodeling.                      
                                                                               
 COMMISSIONER OTTE advised members that the department operated its            
 own public safety academy in Sitka, Alaska.  He pointed out that              
 several years ago the legislature felt the department needed to               
 implement a more efficient way of delivering training services.  At           
 that time, Commissioner Richard Burton and Deputy Commissioner C.E.           
 Swackhammer worked out a program they entitled the Alaska Law                 
 Enforcement Training (ALET) program at the Sitka Training Academy.            
 Commissioner Otte explained that it basically ran three programs;             
 training of state troopers at the recruitment level, training of              
 municipal police officers around the state and training of VPSO               
 positions for rural Alaska.  Commissioner Otte noted that there had           
 been interest, on the part of the university, for the department to           
 start training college students.  At that time, the administration            
 of the Department of Public Safety combined all of those programs,            
 with the exception of the VPSO program, into one training program.            
 Because of that effort, the ALET program, municipal police academy            
 and state troopers, simultaneously, attend the same training                  
 program in Sitka.                                                             
                                                                               
 COMMISSIONER OTTE advised members that the scientific crime lab was           
 a tremendous asset for law enforcement in the state and was fully             
 accreditied by the American Society of Crime Laboratory                       
 Directors/Laboratory Accreditation Board in 1996.  Commissioner               
 Ottee pointed out that only about one fourth of crime laboratories            
 in the Unites States had achieved that accreditation.  He explained           
 that it provided forensic services with scientists specialized in             
 serology, toxicology, chemical analysis, firearm tool mark, trace             
 evidence, latent finger print case work and DNA testing.  He noted            
 that a superglue fuming wand, a hand held device, was invented by             
 scientists in the crime lab to process crime scenes and had become            
 a tremendous tool for law enforcement purposes worldwide.                     
                                                                               
 REPRESENTATIVE JAMES referenced the device that had been invented             
 at the crime lab and asked who was entitled to the royalties.                 
                                                                               
 COMMISSIONER OTTE pointed out that that was a controversy that                
 raged for some time.    He was not sure if the matter was totally             
 settled, however it was his understanding that as the issue was               
 pursued and discussed with the Attorney General's Office, it                  
 appeared less likely that the state would receive any royalties.              
                                                                               
 TAPE 97-4, SIDE B                                                             
 Number 000                                                                    
                                                                               
 COMMISSIONER OTTE moved on to explain the responsibilities of the             
 Civil Air Patrol.  He advised members that they were a federally              
 chartered civil authority of the U.S. Air Force who receive both              
 federal and state funds.   He noted that if the Civil Air Patrol              
 did not exist, the state would incur substantial costs replicating            
 the search capabilities of the patrol.                                        
                                                                               
 COMMISSIONER OTTE pointed out that the Civil Air Patrol owned 39              
 aircraft, had 121 volunteers, 20 organized squadrons statewide, and           
 have accounted for 71 percent of all search and rescue flying hours           
 this past year, and 63 percent of all of the searches.  He noted              
 that in 1995, 67 people were rescued as a result of their efforts.            
                                                                               
 Number 72                                                                     
                                                                               
 MARY MORAN, Director, Highway Safety Planning Agency, Department of           
 Public Safety, advised members the agency was federally funded.               
 The mission of the Highway Safety Planning Agency was to enhance              
 the health and well being of the people of Alaska through programs            
 to save lives and prevent injuries on Alaska's highways.                      
                                                                               
 MS. MORAN pointed out that motor vehicle injuries were the leading            
 cause of all injuries in the state for persons between the age of             
 one and 55.  She explained that the agency used their federal funds           
 to work with police departments, community groups, school districts           
 and other programs statewide that in some manner affect highway               
 safety.                                                                       
                                                                               
 MS. MORAN advised members the agency also provided funds to police            
 departments, law enforcement agencies around the state, and highway           
 overtime programs for holidays.                                               
                                                                               
 Number 432                                                                    
                                                                               
 LADDIE SHAW, Executive Director, Alaska Police Standards Council,             
 Department of Public Safety, explained that the council establishes           
 and enforces minimum hiring standards for police, correctional                
 officers, probation officers and parole officers.                             
                                                                               
 MR. SHAW stated that in 1994 the legislature supported the                    
 establishment of the Alaska Police Standards Training Fund by                 
 placing a surcharge on all traffic violations statewide.  With                
 those funds, the council was able to implement a huge in-service              
 training support program and a basic training support program.                
                                                                               
 Number 688                                                                    
                                                                               
 COLONEL GLENN GODFREY, Director, Division of Alaska State Troopers,           
 Department of Public Safety, advised members that the state                   
 troopers were divided into six detachments throughout the state of            
 Alaska, with each detachment commanded by a Captain or Lieutenant,            
 depending on the size of the detachment.                                      
                                                                               
 COLONEL GODFREY explained that the state troopers' authority within           
 the McKinley National Park was by invitation only.                            
                                                                               
 COLONEL GODFREY explained that the licensing section within the               
 division was responsible for administering the security guard                 
 licensing, sex offender registration and concealed handgun permit             
 programs.  The division's specialized traffic enforcement program,            
 Step Team, utilizes the latest in radar and speed measuring                   
 technology in an effort aimed at reducing injury and fatal traffic            
 accidents.                                                                    
                                                                               
 COLONEL GODFREY advised members that the Department of Public                 
 Safety instituted open recruitment year around in 1996.  He                   
 explained that that was very important to the department because it           
 would allow applicants to be hired to fill vacancies as they become           
 available.                                                                    
                                                                               
 COLONEL GODFREY stated that as of January 1997, 1,385 persons had             
 registered within the state as sex offenders.  He noted that                  
 enforcement actions were being taken against persons required to              
 register who had failed to do so.                                             
                                                                               
 COLONEL GODFREY expressed that to date, 5,827 concealed handgun               
 permits had been issued to Alaskans.  He pointed out that 41                  
 applications had been denied due to disqualifying criminal                    
 histories and seven permits had been revoked due to recent criminal           
 convictions.                                                                  
                                                                               
 COLONEL GODFREY informed members that the search and rescue                   
 division was a major part of the Alaska State Troopers                        
 responsibility.  He noted that in 1996, the department participated           
 in 181 search and rescue operations; saved or assisted 302 people,            
 recovered 37 deceased victims and searched for five victims who               
 were not located.                                                             
                                                                               
 COLONEL GODFREY continued noting that state troopers served 20,065            
 arrest warrants in FY 96, and 29,630 court writs.  In addition, the           
 department issues subpoenas, writs of assistance, restraining                 
 orders and garnishments.                                                      
                                                                               
 COLONEL GODFREY advised members that the state troopers administer            
 the Village Public Safety Officers program which involved oversite,           
 training, and indirect supervision of the VPSO positions located in           
 rural communities.  He noted that there were 125 authorized VPSO              
 positions in the state.  Also is FY 96, the troopers handled 84,602           
 reported offenses; investigated approximately 4,000 traffic                   
 accidents, issued 35,815 traffic citations and investigated 527               
 incidents involving death.                                                    
                                                                               
 COLONEL GODFREY went on to say that the department provides public            
 education and crime prevention services by giving presentations at            
 schools in an effort to reduce alcohol and drug use.  He expressed            
 that the department was also assisting the VPSOs in order that they           
 might provide public safety types of services that prevent injury             
 and death.                                                                    
                                                                               
 VICE CHAIRMAN BUNDE referenced the seven concealed handgun permits            
 that had been revoked and asked if the criminal activity involved             
 a handgun.  Colonel Godfrey believed the majority of the permits              
 revoked involved criminal activity.                                           
                                                                               
 DEL SMITH, Deputy Commissioner, advised members that it was his               
 understanding that the permits were revoked because of other crimes           
 committed that would cause them to lose the concealed handgun                 
 permit.                                                                       
                                                                               
 VICE CHAIRMAN BUNDE referenced the sovereignty issue, and asked               
 whether the state troopers would only be allowed to assist a                  
 sovereign nation by invitation only, as was currently done within             
 McKinley Park.                                                                
                                                                               
 COLONEL GODFREY advised members the department would seek direction           
 from the Attorney General's Office regarding law enforcement in               
 sovereign areas.                                                              
                                                                               
 REPRESENTATIVE PORTER asked if that was the situation in Metlakatla           
 at the present time.  Colonel Godfrey advised members that troopers           
 only assist in matters in Metlakatla by invitation of that local              
 police department.                                                            
                                                                               
 COLONEL GODFREY touched on the VPSO programs advising members that            
 they were employees of the Native regional nonprofit corporations,            
 not employees of the state of Alaska.  He noted that the state                
 troopers were not their supervisors, although do provide technical            
 expertise in areas of public safety and law enforcement issues, as            
 well as the basic and ongoing training for the VPSOs.  Colonel                
 Godfrey explained that the regional nonprofits worked cooperatively           
 with the troopers to direct the daily activities of VPSOs by                  
 working with the village leaders.  Colonel Godfrey did point out              
 that it was quite possible for a VPSO to be related to a majority             
 of the people in his or her community, which would impose a                   
 tremendous amount of pressure on that individual.  He expressed               
 that the troopers and the nonprofit corporations understood those             
 types of delicate circumstances and attempt to provide support to             
 the VPSOs in dealing with those problems.                                     
                                                                               
 REPRESENTATIVE ERIC CROFT asked if there had ever been suits                  
 brought against the state or the regional nonprofit organizations             
 for the actions of the VPSOs.                                                 
                                                                               
 COLONEL GODFREY advised members there had been suits brought                  
 against the state.  He noted that some had been settled, although             
 some were ongoing issues.  Colonel Godfrey pointed out that the               
 Attorney General's Office was involved in those cases, as well as             
 attorneys with the nonprofit corporations and the individuals                 
 bringing suit.                                                                
                                                                               
 VICE CHAIRMAN BUNDE noted that the VPSOs were trained by the state            
 but employed by the regional corporations, and asked which entity             
 would be liable if a VPSO was injured or involved in some type of             
 malfeasance while in office.  Colonel Godfrey advised members that            
 was an ongoing issue with the state of Alaska, the VPSO program and           
 the nonprofits.  He noted that if an incident occurred that was               
 attributed to some type of training provided by troopers that the             
 state could be liable.  Colonel Godfrey added that VPSOs were not             
 covered by the state through risk management.                                 
                                                                               
 COMMISSIONER OTTE reiterated that the VPSOs were employed by the              
 nonprofit corporations and would be covered under whatever type of            
 coverage offered by the each corporation.  He felt the coverage did           
 vary between the various nonprofits.                                          
                                                                               
 TAPE 97-5, SIDE A                                                             
 Number 000                                                                    
                                                                               
 COLONEL JOHN GLASS, Director, Division of Fish & Wildlife                     
 Protection, Department of Public Safety, advised members the                  
 primary responsibility of his division was to prevent and                     
 investigate violations of fish and wildlife laws.  To accommodate             
 those responsibilities, the division utilizes aircraft, watercraft            
 and motor vehicles to patrol approximately 586,000 square miles of            
 land; 36,000 miles of coast land, and approximately 230,000 square            
 miles of the Bering Sea.                                                      
                                                                               
 COLONEL GLASS stated that the marine enforcement section and the              
 aircraft section support not only the Fish and Wildlife Protection            
 Agency, but the Alaska State Troopers as well.                                
                                                                               
 COLONEL GLASS advised members there were at least seven posts                 
 within the state where fish and wildlife troopers were the only               
 public safety representatives in the area.  He expressed that there           
 were 200,000 residential sport licenses issued for hunting and                
 fishing within the state, and 250,000 additional nonresident users            
 of the state's wildlife resources.                                            
                                                                               
 COLONEL GLASS pointed out that between November 20th and December             
 15th, 1996, a special moose hunt was conducted within the Mat-Su              
 area.  He noted that during that period of time the division                  
 detected 40 illegal moose kills.                                              
                                                                               
 COLONEL GLASS advised members that the marine enforcement section             
 was primarily based in Kodiak.  He noted that the fleet was getting           
 old and maintenance requirements were increasing on the division's            
 17 vessels.                                                                   
                                                                               
                                                                               
 VICE CHAIRMAN BUNDE referenced enforcement problems in the Bristol            
 Bay fishery and the line at Egegik and asked Colonel Glass what was           
 being done to reduce the incentive to aggressively fish the line.             
                                                                               
 COLONEL GLASS advised members that he had contacted, by mail, the             
 user groups of the Bristol Bay fishery, which involved 1,823 permit           
 holders, as well as spending time with them in Seattle at the Fish            
 Expo.  Colonel Glass noted that he had also conducted a survey with           
 the 1,823 Bristol Bay permit holders requesting their input on the            
 situation, as well as input from the Department of Fish and Game.             
                                                                               
                                                                               
 REPRESENTATIVE BERKOWITZ asked how much money had been recovered in           
 fines from commercial fishing violations within the past year.                
                                                                               
 COLONEL GLASS advised members that Bristol Bay, alone, generated              
 between $800,000 to $1 million in fines during the six week                   
 fishery.  He pointed out that was the assessed amount, not                    
 necessarily what was collected.                                               
                                                                               
 REPRESENTATIVE BERKOWITZ asked if the state was apprehending all              
 commercial fishing violators.  Colonel Glass's response was,                  
 "absolutely not".  Representative Berkowitz asked if Colonel Glass            
 had any idea of the percentage of violators that were being picked            
 up.                                                                           
                                                                               
 COLONEL GLASS stated that based on the information he had received            
 from the users themselves, the state was not even touching the tip            
 of the iceberg.                                                               
                                                                               
 KENNETH BISCHOFF, Director, Administrative Services, Department of            
 Public Safety, explained that his division was split into three               
 components; administrative services, the Alaska Public Safety                 
 Information Network section, and the Alaska Criminal Records and              
 Identification section.                                                       
                                                                               
 MR. BISCHOFF advised members that the Division of Administrative              
 Services services the Alaska Public Safety Information Network                
 which was currently the core system that reaches out to 2,000 users           
 statewide; local police departments, courts, corrections and other            
 agencies who have need to access criminal history information.  The           
 division also has access to the national networks, including the              
 National Crime Information Center (NCIC), National Law Enforcement            
 Telecommunication System (NLETS), which ties in all 50 states, as             
 well as certain motor vehicle networks across the nation.  Mr.                
 Bischoff also noted that the department could provide the public              
 with information relating to registered sex offenders within the              
 state.                                                                        
                                                                               
 JAYNE ANDREEN, Executive Director, Council on Domestic Violence and           
 Sexual Assault, Department of Public Safety, advised members the              
 mission of the council was to provide immediate safety and support            
 to victims of domestic violence, sexual assault and incest.                   
                                                                               
 MS. ANDREEN pointed out that the council was statutorily mandated             
 to provide funding and monitoring to locally based domestic                   
 violence and sexual assault programs around the state.                        
                                                                               
 MS. ANDREEN pointed out that Alaska had one of the highest rates of           
 sexual abuse in the nation.  A study conducted by the University of           
 Alaska revealed that in a single year, 13,200 Alaskan women                   
 required medical treatment for injuries sustained through abuse.              
                                                                               
 A detailed booklet was provided by the department that explained              
 the department's mission and the services they provide.                       
                                                                               
 Number 2275                                                                   
                                                                               
 ADJOURNMENT                                                                   
                                                                               
 There being nothing further to come before the committee, Chairman            
 Green adjourned the House Judiciary Committee meeting at 3:13 p.m.            
                                                                               
                                                                               

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