Legislature(1995 - 1996)
04/28/1996 12:35 PM Senate FIN
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
MINUTES
SENATE FINANCE COMMITTEE
28 April 1996
12:35 P.M.
TAPES
SFC-96, #98, Sides 1 and 2
SFC-96, #99, Side 1
CALL TO ORDER
Senator Rick Halford, Co-chairman, convened the meeting at
approximately 12:35 P.M.
PRESENT
In addition to co-chairman Halford, co-chairman Frank,
Senators Phillips, Sharp, Rieger and Zharoff were present
when the meeting was convened. Senator Donley arrived at
approximately 1:00 P.M.
Also Attending: Representative Scott Ogan; Hans Neidig,
staff aide to Rep. Ogan; Tom Boutin, Director, Division of
Forestry, Department of Natural Resources; Nico Bus, Acting
Director, Division of Support Services, Department of
Natural Resources; Representative Terry Martin; Daniella
Loper, staff aide to Rep. Porter; Arthur Snowden, Director,
Alaska Court System; Tom Wright, staff aide to Rep. Ivan;
Loren Jones, Director, Division of Alcoholism & Drug Abuse,
Department of Health & Social Services; Donald Dapcevich,
Executive Director, Governor's Advisory Board on Alcoholism
& Drug Abuse, Department of Health & Social Services;
Barbara Craver, City & Borough of Juneau Attorney; Carol
Carroll, Special Assistant to the Commissioner, Department
of Natural Resources; Bob Bartholomew, Director, Income &
Excise Audit Division, Department of Revenue; Jetta
Whittaker, Fiscal Analyst, Division of Legislative Finance;
and aides to committee members.
SUMMARY INFORMATION
CS FOR HOUSE BILL NO. 341(JUD)
"An Act relating to administrative adjudication and judicial
appeals and to the informal resolution of certain factual
disputes between taxpayers and the Department of Revenue;
establishing the office of tax appeals as a quasi-judicial
agency in the Department of Administration; revising the
procedures for hearing certain tax appeals, including
appeals regarding seafood marketing assessments; relating to
consideration and determination by the superior court of
disputes involving certain taxes and penalties due, and
amending provisions relating to the assessment, levy, and
collection of taxes and penalties by the state and to the
tax liability of taxpayers; providing for the release of
agency records relating to formal administrative tax
appeals; relating to litigation disclosure of public
records; clarifying administrative subpoena power in certain
tax matters; and providing for an effective date."
Senator Frank withdrew his motion to change effective date
on page 22, line 7. Senator Sharp moved amendment E and
without objection it was adopted. Senator Frank moved SCS
CSHB 341(FIN) and without objection it was reported out with
individual recommendations and accompanying fiscal notes of
indeterminate from the Alaska Court System; $13.9 Alaska
Judicial Council. New fiscal note from the Department of
Revenue is pending.
HOUSE BILL NO. 352
"An Act giving notice of and approving a lease-purchase
agreement with the City of Palmer for a fire management
facility at the Palmer Airport."
Representative Ogan testified on behalf of the bill. Tom
Boutin said the department supported the bill. Nico Bus
also testified regarding the department's fiscal note and
that there would be no change. Senator Sharp moved to
delete $1.3 million and insert $900,000 on page 1 and
without objection it was adopted. Senator Zharoff moved
"immediate effective date" and without objection it was
adopted. Senator Donley moved SCS HB 352(FIN) and without
objection it was reported out with individual
recommendations and zero fiscal notes from Department of
Natural Resources and Department of Transportation & Public
Facilities.
SENATE CS FOR CS FOR HOUSE BILL NO. 370(JUD)
"An Act relating to the provision of legal services at
public expense."
Representative Terry Martin testified on behalf of this
bill. Daniella Loper explained the difference between the
two (JUD) versions. Arthur Snowden testified that is a
federal constitutional right to legal counsel. The Court
System has no problem with this bill. Senator Frank moved
SCS CSHB 370(JUD) and it was re ported out with individual
recommendations and zero fiscal notes for Admin/OPA;
Admin/PDA and the Alaska Court System.
CS FOR HOUSE BILL NO. 493(JUD) am
"An Act relating to treatment for alcoholism or drug abuse."
Tom Wright, staff aide to Rep. Ivan testified on behalf of
the bill. Loren Jones, Don Dapcevich and Barbara Craver
also testified in support of the bill and answered questions
by the committee members. Senator Zharoff moved amendment
Rieger also expressed concern over limitation on
liabilities. Senator Rieger will work on an amendment. Co-
chairman Halford held the bill pending in committee.
CS FOR HOUSE BILL NO. 341(JUD)
"An Act relating to administrative adjudication and
judicial appeals and to the informal resolution of certain
factual disputes between taxpayers and the Department of
Revenue; establishing the office of tax appeals as a
quasi-judicial agency in the Department of
Administration; revising the procedures for hearing certain
tax appeals, including appeals regarding seafood
marketing assessments; relating to consideration and
determination by the superior court of d i s p u t e s
involving certain taxes and penalties due, and amending
provisions relating to the assessment, levy, and collection
of taxes and penalties by the state and to the tax
liability of taxpayers; providing for the release of agency
records relating to formal administrative tax appeals;
relating to litigation disclosure of public records;
clarifying administrative subpoena power in certain tax
matters; and providing for an effective date."
Senator Frank withdrew his motion to change the effective
date on page 22, line 7. There was no objection to the
withdrawal. Senator Sharp moved amendment E which would
include the provisions on making the judicial council
process start immediately and the law take effect on July 1,
1996 and it would change the initial term of the
administrative law judges from two to three years. Without
objection the amendment was adopted.
Co-chairman Halford referred to the 10% version of the
fiscal note from the Department of Revenue. The Department
advised they would submit a zero fiscal note that would show
necessary funding changes.
Senator Frank moved SCS CSHB 341(FIN) and without objection
it was reported out with individual recommendations and
accompanying fiscal notes of indeterminate amount from the
Alaska Court System; $13.9 from the Alaska Judicial Council.
A new fiscal note from the Department of Revenue was
pending.
HOUSE BILL NO. 352
"An Act giving notice of and approving a lease-purchase
agreement with the City of Palmer for a fire management
facility at the Palmer Airport."
Representative Scott Ogan was invited to join the committee
and testified on behalf of the bill. This would consolidate
the Division of Forestry from four locations into one
location. They are now spread out in Anchorage, Eagle
River, Big Lake and Palmer. This proposal would save the
State money as indicated by the positive fiscal note. This
would be a lease/purchase agreement and wild land
firefighting forces would be more effective. The State
would own the facility at the end of the lease agreement.
Palmer was chose because it has a six thousand foot runway
at the airport which is uncongested to allow operation
unimpeded. It is centrally located in the fire protection
area and can provide community services and commercial
support available. This will allow firefighters to be more
effective.
Tom Boutin, Division of Forestry was invited to join the
committee. He said the department supported the bill. The
present facility in Eagle River is a portable warehouse and
the Division of Parks and the Division of Geological Survey
would like to own the building. It is possible both
divisions will be able to make use of the building. He
referred to consolidation of the four locations into Palmer.
Representative Ogan said the most of the equipment for
firefighting are stored at the Eagle River warehouse and has
to be trucked to the Palmer airport to be flown out to the
site of the fire. The cost savings will reflect the ability
to respond to fires more efficiently. Mr. Boutin also
commented on the cost of fighting fires. Senator Zharoff
asked how long it would be before the State would own the
facility and Mr. Boutin said it would be up to the state
bond committee. In response to a question from Senator
Phillips, Mr. Boutin said the bulk of labor for fire
suppression was the 73 sixteen person emergency firefighting
crews autonomous to each village around the State. There
are no prisoners involved. Each person was certified yearly
to be able to run 1-1/2 miles with a 40 pound pack. Co-
chairman Halford asked about the annual obligation of $1.3
million if that was less than the current expenditure for
the same functions. The current fiscal note shows a savings
but the savings does not occur until three years away. Mr.
Boutin said the debt service was $560,000/year. He referred
to page 7 and explained the net value savings.
Nico Bus was invited to join the committee and also
testified on behalf of the bill. He said there would be no
change in the department's fiscal note.
Mr. Boutin said when the bill was introduced last year the
state bond committee members were recommending a seven-year
debt service. That would have required a much larger debt
service payment than a twenty-year debt service to maturity.
Since then the financial advisor said the rating agencies
would expect leases of this size to be ongoing whatever the
long-range capital projects of the state might be. A short
debt service would not seem critical at this time. In
response to a comment by co-chairman Halford he said they
would not object to a reduction in the $1.3 million to
$900,000. Senator Sharp moved to delete $1.3 million and
insert $900,000 on page 1 and without objection it was
adopted.
Senator Zharoff noted that the bill needed an effective date
and co-chairman Halford concurred. Senator Zharoff moved
"immediate effective date" and without objection it was
adopted. Senator Donley moved SCS HB 352(FIN) and without
objection it was reported out with individual
recommendations and zero fiscal notes from Department of
Natural Resources and Department of Transportation & Public
Facilities.
SENATE CS FOR CS FOR HOUSE BILL NO. 370(JUD)
"An Act relating to the provision of legal services at
public expense."
Representative Terry Martin was invited to join the
committee and testified on behalf of the bill. The bill
was initiated last fall that indicated a problem with
individuals who were financially able to secure private
counsel making use of counsel at public expense. There were
some ambiguities as to when and at what time public counsel
could defend an individual. This legislation was suggested
to clear up this confusion. A person would be classified as
indigent through the Court System rather than through the
Public Defender Agency and it will be done at the first
Court appearance. He referred to the zero fiscal note and
said outside the public defender's office everyone seemed
happy with the bill.
Daniella Loper was invited to join the committee. She
explained the difference between the two (JUD) versions.
This regarded the definition of "indigency" and said it was
removed so it would not cost the Court System a fiscal note.
Co-chairman Halford said the Court System was working on
this bill also. Senator Rieger referred to page 2, line 4.
Arthur Snowden, Alaska Court System was invited to join the
committee. He said in the House (JUD) version the indigency
determination would have to be made on the record at the
time of arraignment. The problem arose due to the fact
there are approximately 22,000 arraignments in Anchorage and
9,000 arraignments in Fairbanks, and four or five new judges
would have been needed to take care of arraignments. A
committee has been created to come up with a tighter
indigency definition. Senator Frank asked if the committee
was also looking at an individual risking jail time had a
right to court appointed attorney if they were indigent.
Mr. Snowden said yes because this was a constitutional
right. Under a federal ruling the U.S. Supreme Court has
ruled than any indigent defendant facing imprisonment, loss
of a valuable license or heavy enough fine to indicate
criminality has a right to counsel. Senator Frank asked if
a defendant facing three days in jail was also covered under
this ruling and Mr. Snowden said it did not matter what case
the U.S. Supreme Court had looked at because this was a
blanket ruling.
Ms. Loper referred to the definition of a serious crime and
said this falls under representation by a public defender.
There was further discussion between members regarding
retention of a public defender.
(tape switch to side 2)
Mr. Snowden said this bill would stop pre-appointment of the
public defender as now an individual would have to wait for
Court appointment. The Court System has no problem with
this bill.
Senator Frank moved SCS CSHB 370(JUD) and it was reported
out with individual recommendations and zero fiscal notes
for Department of Administration/OPA; Department of
Administration/PDA and the Alaska Court System.
CS FOR HOUSE BILL NO. 493(JUD) am
"An Act relating to treatment for alcoholism or drug
abuse."
Tom Wright, staff aide to Representative Ivan was invited to
join the committee. He said under current statutes there
were provisions allowing for voluntary commitment of
alcoholics which allow for 30-day commitment with re-
commitment up to 90 days. The current law was found to be
unwieldy, expensive and treatment options were not readily
available according to a City and Borough of Juneau survey.
It also said the current commitment program was not working.
He said this bill would correlate to the involuntary
commitment for mental health. The bill also would change
the definition of intoxication to include drugs as defined
under the controlled substance statutes. Senator Phillips
asked how this would affect other communities. Mr. Wright
said the study was done in Juneau because other communities
were not using this process. This bill is modeled after the
mental health commitments and it would be easier now for
other communities to use the laws.
Loren Jones, Division of Alcohol and Drug Abuse was invited
to join the committee. He referred to the statutes for
private commitment done by doctors, physicians or relatives
and involves no representation from the Attorney General's
office. The City of Juneau does have a municipal attorney's
office and they have accepted the policy of representing the
city program for that purpose. This bill would help educate
and make it easier for the local communities to use this
program at less expense and it would be more clinically
appropriate. There was support from the treatment providers
but no comments from the different municipalities. Most of
them would not be involved because those who offer services
are private, non-profit organizations. Co-chairman Halford
said he has had constituent concern over the way treatment
is provided for alcohol but not provided for drug abuse.
Mr. Jones said this would not be a mandate on local
municipalities but would rather rest with the relative or
program attempting the involuntary commitment. Co-chairman
Halford said this was not a local government issue other
than the fact that Juneau has gotten interested and gotten
involved. Senator Rieger referred to page 4, line 7-9
regarding commitment for emergency care and asked if this
was covered elsewhere in the statutes and not part of this
bill. Mr. Jones said the emergency care was covered
elsewhere and was for 48 hours. It would not be affected by
this bill. By the end of the 48 hours the individual would
have to be in Court.
Don Dapcevich, State Advisory Board on Alcoholism and Drug
Abuse was invited to join the committee. He said this bill
was top priority for the citizen's advisory board. This
bill reflected the necessary strategy to deal with
inebriation. Treatment providers around the state strongly
supported the bill. The cities of Ketchikan, Dillingham and
Bethel have expressed interest learning more about the
mechanics of doing commitments and training individuals to
provide earlier help. This would be a viable strategy to
use in the State, a way to save lives and would help get
people into treatment.
(tape change to SFC-96, #99, side 1)
Senator Phillips asked why the City and Borough of Juneau
was involved and other communities are not. Mr. Dapcevich
said the other municipalities do not run their treatment
programs and therefore do not become involved. The
municipality here operated the hospital, treatment center
and emergency services patrol and they felt the impact of
public inebriation more strongly.
Co-chairman Halford referred to amendment #1 and it was
moved by Senator Zharoff.
Barbara Craver, assistant City and Borough attorney was
invited to join the committee. She said she has been
involved in the filing of petitions for involuntary
commitments on behalf of the administrator of the local
treatment center, Juneau Recovery Hospital. She addressed
amendment #1 as moved by Senator Zharoff. It would address
the situation encountered in Juneau and would clarify the
law that would provide a better continuum of care for the
treatment of alcoholics. She explained the routine from the
emergency services patrol to Bartlett Hospital emergency
room and the transfer to a treatment center if the patient
is found to be medically stable. If the individual is not
found medically stable they are held at Bartlett Hospital.
The individual may be held for up to 48 hours on an
emergency alcohol commitment. A public treatment facility
may hold an individual up to five days with Court approval.
The clinical staff would at this time make the decision to
contact the attorney's office in order to file a petition
for involuntary commitment. Under current statute this
continuum is not clearly authorized. The problem arises
that a person admitted to a public treatment facility must
both be incapacitated by alcohol and intoxicated. After an
individual has been in the hospital for 12 - 24 hours they
are no longer intoxicated. The hospital must let them go
and wait for them to enter the cycle again another way.
This amendment would clearly authorize a public treatment
facility to place a hold on an individual located at the
hospital due to medical issues and the individual would
transferred to the treatment facility upon release from the
health facility. Senator Rieger questioned the liability
matter and specifically referred to page 7, line 3. He
suggested to cover this the word "shall provide adequate and
appropriate treatment". What if a mistake were made? Ms.
Craver referred to section (d) AS 47.37.200 and said this
placed the burden on the petitioner to prove there is an
appropriate treatment facility for the individual's alcohol
problem. The concern is based on if there is a viable
treatment option available in the State. The liability
issue would occur earlier.
Mr. Jones said the definition of a public or private
facility was a treatment facility that was grant funded and
approved by the division. Co-chairman Halford and Senator
Rieger expressed concern over limitation on liabilities. He
asked Senator Rieger to work on an appropriate amendment.
Senator Rieger was also concerned about "good cause".
Co-chairman Halford said he would hold Senator Zharoff's
amendment #1 pending and he further held the bill in
committee.
ADJOURNMENT
Co-chairman Halford recessed the meeting at 2:10 P.M. until
5:00 P.M. if the Senator Floor session recessed in time.
Otherwise calendar would be carried over until tomorrow at
9:00 A.M.
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