Legislature(1993 - 1994)
01/20/1994 09:09 AM Senate CRA
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SENATE COMMUNITY & REGIONAL AFFAIRS
January 20, 1994
9:09 a.m.
MEMBERS PRESENT
Senator Randy Phillips, Chairman
Senator Robin Taylor, Vice Chairman
Senator Loren Leman
Senator Al Adams
Senator Fred Zharoff
MEMBERS ABSENT
All Members Present
COMMITTEE CALENDAR
SENATE BILL NO. 202
"An Act relating to the removal, appropriation, and purchase of
state water by municipalities; and providing for an effective
date."
SENATE BILL NO. 203
"An Act requiring unified municipalities to provide police
protection and law enforcement services; and providing for an
effective date."
SENATE BILL NO. 136
"An Act relating to a curriculum for Native language education; and
providing for an effective date."
SENATE BILL NO. 2
"An Act requiring pay equity for certain public employees and
requiring the compensation of certain public employees based on the
value of work performed."
PREVIOUS SENATE COMMITTEE ACTION
SB 202 - See Community & Regional Affairs minutes dated
1/13/94.
SB 203 - See Community & Regional Affairs minutes dated
11/3/93, 1/13/94.
SB 136 - See Community & Regional Affairs minutes dated
1/11/94.
SB 2 - See Community & Regional Affairs minutes dated
11/3/93, 1/11/94, 1/18/94.
WITNESS REGISTER
Josh Fink
Aide to Senator Kelly
State Capitol
Juneau, Alaska 99801-1182
POSITION STATEMENT: Reviewed SB 203.
Duane Udland
Deputy Chief,
Anchorage Police Department
Department of Public Safety
Anchorage, Alaska
POSITION STATEMENT: Reviewed SB 203.
Senator Rieger
State Capitol
Juneau, Alaska 99801-1182
POSITION STATEMENT: Reviewed SB 203.
Joe Merde
Anchorage Assembly Member
Anchorage, Alaska
POSITION STATEMENT: Reviewed SB 203.
C.E. Swackhammer
Deputy Commissioner
Department of Public Safety
P.O. Box 111200
Juneau, Alaska 99811-1200
POSITION STATEMENT: Reviewed SB 203.
Scott-Brandt Erickson
P.O. Box 196650
Anchorage, Alaska 99519
POSITION STATEMENT: Supported CSSB 203.
Annie Landrum
Staff to Senator Lincoln
State Capitol
Juneau, Alaska 99801-1182
POSITION STATEMENT: Reviewed CSSB 136.
Anne Kessler
Program Manager for Bilingual Education
Department of Education
Juneau, Alaska 99801-1182
POSITION STATEMENT: Reviewed SB 136.
Senator Donley
State Capitol
Juneau, Alaska 99801-1182
POSITION STATEMENT: Reviewed SB 2.
Mike McMullen
P.O. Box 110201
POSITION STATEMENT: Reviewed SB 2.
ACTION NARRATIVE
TAPE 94-4, SIDE A
Number 001
The Senate Community & Regional Affairs Committee was called to
order by Chairman Randy Phillips at 9:09 a.m. He brought SB 202
(SALE OF STATE WATER TO MUNICIPALITIES) before the committee as the
first order of business.
SENATOR MIKE MILLER, prime sponsor of SB 202, said now there were
fiscal notes from the Department of Revenue and Department of
Environmental Conservation. Both notes were $0.
SENATOR ADAMS moved to pass SB 202 from Committee with fiscal notes
with individual recommendations and asked for unanimous consent.
There were no objections and it was so ordered.
Number 35
SENATOR PHILLIPS announced SB 203 (MUNICIPAL POLICE SERVICES) to be be
up for consideration.
JOSH FINK, Aide for Senator Kelly, said SB 203 was introduced by
the Senate Labor and Commerce Committee at the request of the
Municipality of Anchorage. It requires unified municipalities to
provide law enforcement services on an area-wide basis. There are
three unified municipalities in Alaska - Juneau, Anchorage, and
Sitka. Both Juneau and Sitka provide area-wide police coverage.
The Municipality of Anchorage provides police service to
approximately over 80% of Anchorage.
MR. FINK explained that the issues are public safety and equity
among Anchorage residents. Hillside and portions of the southeast
side of Anchorage have repeatedly rejected paying for police
coverage. As of this summer the State Troopers are not directly
hooked up to the City's new and enhanced 911 system and emergency
response will be severely hampered. There are 7 elementary and 2
secondary schools in the non-service area. The current system on
the Hillside in which police officers respond to a call only if
there is a car available does not provide sufficient protection for
the teachers and students in that area.
The second issue is fairness. While these residents do not pay, as
do the rest of Anchorage residents, they receive free emergency
backup from the Anchorage Police Department and State Troopers at
their homes. They receive the benefit of free service when working
or shopping or engaging in other activities while in the rest of
the city. They should pay for these services.
MR. FINK said there is an alternate proposal from Senator Kelly
allowing the assembly of a unified municipality to set up a police
service area by ordinance overriding the charter provisions on
requiring a vote for the police service area. This idea was taken
directly from the Task Force on Governmental Roles Report 1992 in
which a number of legislators and community leaders participated.
He said the State Troopers want to work more in the bush since they
have already suffered closure of 8 stations.
Number 108
SENATOR TAYLOR asked if anything prevented the Hillside from
setting up their own police force. MR. FINK said there would be
the problem of vigilantism.
SENATOR TAYLOR noted there is a very high cost to support a police
officer in downtown Anchorage. State Troopers are cheap compared
to police.
MR. FINK said he didn't think they could lawfully do it.
Number 145
SENATOR PHILLIPS asked for a cost comparison. MR. FINK said
according to recent figures, Trooper coverage would cost $4.7
million and the city would cost $4.5 million.
Number 164
DUANE UDLAND, Deputy Chief, Anchorage Police Department, pointed
out that on the salary issue there really isn't a lot of difference
in cost between a trooper and an officer. He explained that
recently a good portion of the Hillside has come into the police
service area. Now there are about 16,000 people who are served by
Troopers - most of them in Hillside. That would be about the 4th
largest city in the state and it is one of the wealthier areas and
has the tax base to do it.
SENATOR TAYLOR said he can sympathize with his testimony, but he is
embarrassed by the amount of salaries paid in his Department. They
are much more than in any other area of the United States. He
thinks they are out of line.
MR. UDLAND said he didn't have much control over the salaries, but
recognized it as an issue.
Number 262
SENATOR RIEGER, from South Anchorage, said the neighborhoods
created a task force and sent out a survey to find out what kind of
coverage they wanted and what they would be willing to pay for.
The people on the Hillside did regard police coverage as important.
Most important was serious crimes and neighborhood patrols. The
lowest priorities were routine traffic patrols, neighborhood watch,
etc. More that half were willing to pay a significant amount of
property tax for police coverage. They have rejected paying for
Anchorage police department coverage, they have never rejected
paying for trooper coverage. The survey indicates overwhelmingly
that they would pay for it.
The most popular option was using State Troopers supported by
taxes. Management of Department of Public Safety has opposed the
concept.
The fiscal note presented in the House Bill was modeled on Senator
Taylor's proposal of an entire police department the size of the
City and Borough of Juneau covering south Anchorage.
SENATOR RIEGER encouraged the Committee to allow the Hillside to
pay for the full cost of Trooper coverage. He noted that property
taxes pay for the cost of commerce by Hillside residents in the
City.
Number 414
SENATOR ADAMS asked if the Hillside would be willing to pay for a
contract with the Troopers. SENATOR RIEGER answered yes the is an
unquestioned willingness to pay.
SENATOR TAYLOR asked him if he had proposed language. As a
courtesy to Senator Kelly he would like to work with him first.
SENATOR TAYLOR said he had a real concern about local improvement
districts being utilized for sewer, water, fire department
services, etc. You end up with overlying multileveled boards and
groups for something that should be done on an area-wide basis. As
these communities expand, no one wants to pay for the high cost of
downtown. Setting up separate areas sounds good until you end up
with real conflicts on policy calls between the service areas.
SENATOR RIEGER said the only other problem he could see now is with
the road service areas which seems to be working quite well in
Anchorage - especially in the road maintenance area where there
isn't a tug of war to see who gets their streets plowed first.
Number 470
JOE MERDE, Anchorage Assembly, said they have tried to deal with
this issue on the Assembly two or three times. He disagrees with
Senator Rieger that the Hillside pays their fair share of the
downtown area. It's ludicrous to think they are not a part of
Anchorage, because they pay for a lot of other services.
He explained that right now there are 54 police officers who put in
a lot of overtime. They need more police officers to bring that
balance down to the right pay level a police officer should make.
SENATOR RIEGER responded that the Hillside does not belong to
Anchorage which is the fundamental problem that led to the
compromise in the charter in the first place.
Number 514
SENATOR LEMAN asked if the municipality cost recovered on a
response to an emergency. MR. MERDE answered that it does.
Number 520
C. E. SWACKHAMMER, Deputy Commissioner, Department of Public
Safety, said they now feel the population they are dealing with is
around 20,000, but will not refute the 16,000 person figure.
His Department and the Administration is opposed to a contractual
basis for Trooper services based on a public policy perspective.
Previous administrations have taken the same position.
They are trying to remove the Troopers from urban settings and put
them into rural Alaska. Municipalities that have the means should
police themselves. The second part of the public policy issue
deals with instability and the cyclic nature that contracts present
for public safety management. Under proposed legislation,
contracts would not only be allowed for the Hillside, but to every
other municipality in the state.
SENATOR LEMAN asked for a chart indicating Trooper protection. MR.
SWACKHAMMER said he could provide that information and explained
there are several residential areas where they provide police for
areas that can't provide for themselves.
TAPE 94-4, SIDE B
Number 580
SENATOR RIEGER proposed a population threshold size as a solution.
SENATOR TAYLOR pointed out that they have found ways to make it
work although, there should be a uniform policy.
SCOTT BRANDT-ERICKSON, Assistant Municipal Attorney for Anchorage,
stated his support for Senator Kelly's committee substitute. He
referred to Article X Section 5 of the Alaska Constitution
regarding service areas. He spoke to the many cost issues of a
separate service area.
SENATOR TAYLOR stated that when you break down the costs by the
residential or commercial areas the greatest cost would probably be
in the downtown core area where the highest level of crime and the
greatest level of concentration necessary for patrol would seem to
be located. Mr. Erickson expressed the need to determine if
proposed cost figures include all of the costs to maintain a
separate service area.
Number 455
CHAIRMAN RANDY PHILLIPS expressed his intention to meet with
Senator Kelly and Senator Rieger on Monday to discuss SB 203. He
held over SB 203.
Number 440
CHAIRMAN RANDY PHILLIPS introduced SB 136 (NATIVE LANGUAGE
EDUCATION) as the next order of business before the committee.
ANNIE LANDRUM, staff to Senator Lincoln, explained the changes in
the draft committee substitute to SB 136.
SENATOR TAYLOR expressed his concern that SB 136 does not address
the communities where the majority of native children live.
SENATOR ADAMS said that nothing in SB 136 prohibits any local
school district from offering the local tongue. He moved to adopt
CSSB 136 (CRA). Hearing no objections, it was so ordered. Senator
Adams requested that bills be held until the following week when
information or material is received that morning.
Number 340
ANNE KESSLER, Program Manager for Bilingual Education, Department
of Education, informed the committee that there are 48 district
with bilingual programs. She referred to the attachments for the
specifics of each district's program. In response to Senator
Taylor's question, she stated that bilingual means to have limited
english proficiency or to be able to speak more than one language.
She explained that Anchorage provides an English as a Second
Language (ESL) program, but that each school district can offer
different options according to their population and student needs.
Number 230
SENATOR TAYLOR asked if any of the current programs were dictated
by racial orientation. Ms. Kessler said that the bilingual program
is not based on ethnicity. She said that the state funds are based
on the category of the students within the bilingual regulations
and the amount of proficiency they have in english, then the school
decides what options to implement.
ANNE KESSLER explained that the unit of funds is not necessarily
equal everywhere. The unit of funds depends upon the category of
the student, not per student. She stated that to create a program
for native language is more expensive because you have to develop
materials and do staff training, however it is not recognized in
the foundation funding. She noted that the estimated $60,000 per
site seems to be a fairly good average.
SENATOR TAYLOR asserted that the $60,000 estimate only becomes a
valid fiscal note if the districts without a program decide to have
a program which is added to the state foundation formula. He asked
if that increases the foundation formula by $60,000 per group or do
they have to eat the $60,000 as a choice within the money they
receive. Ms. Kessler pointed out that there are only three
districts that are not currently receiving bilingual money who
could possibly apply. Approximately $213,000 if every one of those
applied.
TAPE 94-5, SIDE A
Number 001
ANNE KESSLER added further comments regarding cost issues.
CHAIRMAN RANDY PHILLIPS held SB 136 until Tuesday morning.
Number 032
CHAIRMAN RANDY PHILLIPS introduced SB 2 (PAY EQUITY BASED ON VALUE E
OF WORK) as the last order of business before the committee.
SENATOR DONLEY stated that Alaska may be out of compliance with
federal law. SB 2 is designed to send Alaska towards compliance
with federal law; there are virtually no mandates in SB 2. SB 2
sets out a pattern for cooperative effort with employees, but it is
subject to legislative approval each year.
Senator Donley pointed out that the committee substitute excludes
collective bargaining. He expressed concern with that deletion due
to existing state statutory guidelines of joint decision-making.
He was also concerned with legal ramifications which could force
people in to non-compliance. Federal law prohibits intentionally
reducing one individual employee's salary under the pretext that
you have to bring someone else's up to receive pay equity.
SENATOR TAYLOR asked if redrawing job classifications would get
around the legal aspects.
Number 145
MIKE MCMULLEN referred to the federal law with the equal pay for
equal work provision. That statute has the prohibition of lowering
salaries to become compliant when you are found guilty. He spoke
to the issue of collective bargaining and not to bring it in on a
separate issue.
SENATOR DONLEY stated that his proposal is based upon the Minnesota
process that works with the employees without mandating the state.
MIKE MCMULLEN explained that the state does not want another false
start. He emphasized his proposal will come to completion, with no
questions on it in the future.
SENATOR DONLEY expressed potential problems when the employees face
imposed reductions without bargaining.
Number 242
CHAIRMAN RANDY PHILLIPS said that if Senator Donley's bill becomes
law it would probably be vetoed.
SENATOR ADAMS stated that everyone should work on their legislation
no matter what happens.
SENATOR ZHAROFF pointed out that the Governor had changed his mind
on a binding arbitration bill he had previously expressed dislike.
SENATOR ADAMS moved that SB 2 and the attached fiscal notes be
passed out of committee with individual recommendations. Chairman
Randy Phillips objected and called for a voice vote. Senators
Adams and Zharoff voted "Yea" and Senator Randy Phillips voted
"Nay". The chairman stated that the motion failed and that SB 2
will be brought up again in the following weeks.
There being no further business before the committee the Senate
Community & Regional Affairs Committee was adjourned at 11:00 a.m.
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