Legislature(1997 - 1998)
01/27/1997 01:00 PM House JUD
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
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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