Legislature(2003 - 2004)
04/08/2003 03:40 PM Senate STA
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
April 8, 2003
3:40 p.m.
MEMBERS PRESENT
Senator Gary Stevens, Chair
Senator John Cowdery, Vice Chair
Senator Fred Dyson
Senator Gretchen Guess
MEMBERS ABSENT
Senator Lyman Hoffman
COMMITTEE CALENDAR
SENATE BILL NO. 158
"An Act transferring the Council on Domestic Violence and Sexual
Assault from the Department of Public Safety to the Department
of Health and Social Services; and providing for an effective
date."
HEARD AND HELD
SENATE CONCURRENT RESOLUTION NO. 6
Relating to the location of the state's new seafood laboratory.
MOVED SCR 6 OUT OF COMMITTEE
SENATE BILL NO. 148
"An Act relating to allowable absences for certain members of
the armed forces and their spouses and dependents for purposes
of eligibility for permanent fund dividends; and providing for
an effective date."
MOVED SB 148 OUT OF COMMITTEE
SENATE BILL NO. 146
"An Act relating to a commemorative veterans' license plate; and
providing for an effective date."
MOVED SB 146 OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 52(JUD)
"An Act relating to the forfeiture of property used to possess
or distribute child pornography, to commit indecent viewing or
photography, to commit a sex offense, or to solicit the
commission of, attempt to commit, or conspire to commit
possession or distribution of child pornography, indecent
viewing or photography, or a sexual offense."
MOVED SCS CSHB 52 (STA) OUT OF COMMITTEE
SENATE BILL NO. 22
"An Act limiting the factors that may be considered in making a
crime victims' compensation award in cases of sexual assault or
sexual abuse of a minor."
BILL POSTPONED TO 4/10/03
PREVIOUS ACTION
SB 146 - No previous action to record.
SB 148 - No previous action to record.
SB 158 - No previous action to record.
SJR 6 - No previous action to record.
HB 52 - No previous action to record.
WITNESS REGISTER
Paulette Schuerch
Alaska State Capitol, Room 119
Juneau, AK 99801-1182
POSITION STATEMENT: Introduced SB 158
Kristy Tibbles
Alaska State Capitol, Room 119
Juneau, AK 99801-1182
POSITION STATEMENT: Answered questions on SB 158
Juanita Hensley
Special Assistant
Department of Public Safety
PO Box 111200
Juneau, AK 99811-1200
POSITION STATEMENT: Testified on SB 158
Karleen Jackson
Deputy Commissioner
Department of Health &
Social Services
PO Box 110601
Juneau, AK 99801-0601
POSITION STATEMENT: Testified on SB 158
Marcia McKenzie
P.O. Box 33977
Juneau, AK 99803
POSITION STATEMENT: Testified on SB 158
Caren Robinson
No address provided
POSITION STATEMENT: Testified on SB 158
Lori Huginan
Alaska Network on Domestic Violence
130 Seward Street, Room 130
Juneau, AK 99801
POSITION STATEMENT: Testified on SB 158
Deb Knaff
Sitkans Against Family Violence
P.O. Box 6136
Sitka, AK 99835
POSITION STATEMENT: Testified on SB 158
Carol Gooden-Rice
Advocates for Victims of Violence
No address provided
POSITION STATEMENT: Testified on SB 158
Anna Fairclough
Standing Together Against Rape (STAR)
1057 W. Fireweed Lane, Suite 230
Anchorage, AK 99503
POSITION STATEMENT: Testified on SB 158
Michelle DeWitt
P.O. Box 2847
Bethel, AK 99559
POSITION STATEMENT: Testified on SB 158
Elena Aluskak
Children's Advocate
P.O. Box 2965
Bethel, AK 99559
POSITION STATEMENT: Testified on SB 158
Brenda Stanfill
No address provided
POSITION STATEMENT: Testified on SB 158
Kimberlee Vanderhoof
No address provided
POSITION STATEMENT: Testified on SB 158
Doug Bell
Alaska Seafood International
6689 Seafood Drive
Anchorage, AK 99518
POSITION STATEMENT: Testified on SCR 6
Ron Miller
Alaska Industrial Development & Export Authority
Department of Community & Economic Development
PO Box 110800
Juneau, AK 99811-0800
POSITION STATEMENT: Testified on SCR 6
Kristin Ryan
Director of the Division of Environmental Health
Department of Environmental Conservation
410 Willoughby
Juneau, AK 99801-1795
POSITION STATEMENT: Testified on SCR 6
Tom Livingston
Livingston Slone Architects
No address provided
POSITION STATEMENT: Testified on SCR 6
Matt Tanaka
Department of Transportation &
Public Facilities
3132 Channel Dr.
Juneau, AK 99801-7898
POSITION STATEMENT: Testified on SCR 6
Annette Skibinski
Staff to Senator John Cowdery
Alaska State Capitol, Room 101
Juneau, AK 99801-1182
POSITION STATEMENT: Testified on SB 148
Larry Persily
Deputy Commissioner
Department of Revenue
PO Box 110400
Juneau, AK 99811-0400
POSITION STATEMENT: Testified on SB 148
Gale Haller
No address provided
POSITION STATEMENT: Testified on SB 148
Charles Hosack
Deputy Director
Department of Administration
PO Box 110200
Juneau, AK 99811-0200
POSITION STATEMENT: Testified on SB 146
Representative Lesil McGuire
Alaska State Capitol, Room 403
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor HB 52
ACTION NARRATIVE
TAPE 03-16, SIDE A
CHAIR GARY STEVENS called the Senate State Affairs Standing
Committee meeting to order at 3:40 p.m. Present were Senators
Dyson, Cowdery, Guess and Chair Gary Stevens.
The first order of business was SB 158.
SB 158-MOVE DOMESTIC VIOLENCE COUNCIL TO DHSS
PAULETTE SCHUERCH, legislative intern to Senator Ben Stevens,
read from the sponsor statement:
SB 158 would transfer the Council on Domestic Violence
and Sexual Assault (Council) to the Department of
Health and Social Services (DHSS). Alaska Statute
18.66 established the Council under the Department of
Public Safety (DPS) in 1981. This statute gives the
Council the authority "...to provide for planning and
coordination of services to victims of domestic
violence or sexual assault or to their families and to
perpetrators of domestic violence and sexual assault
and to provide for crisis intervention and prevention
programs." This coordination includes providing
emergency safe housing, counseling, education/outreach
services, and technical assistance to programs such as
Advocates for Victims of Violence, Abused Women's Aid
in Crisis, Arctic Women in Crisis, Alaska Women's
Resource Center, South Peninsula Women's Services,
Standing Together Against Rape and Sitkans Against
Family Violence to name a few.
The mission of DHSS is to "promote and protect the
health and well-being of Alaskans." DHSS has in place
established programs and services that will be
beneficial to the Council on Domestic Violence that
include:
· Division of Administrative Services that deals
with federal granting agencies
· Division of Alcoholism and Drug Abuse to assist
in developing prevention and education
· Division of Family and Youth Services that have
29 field offices for child protective services in
place
SB 158 would create a closer working relationship
between the Council and DHSS as required in AS
18.66.050 (12) & (14) for developing standards,
procedures and continuing education on domestic
violence. A 2002 sunset audit review performed by
Legislative Budget and Audit showed that this had not
yet been accomplished. Adoption of this bill will
provide adequate resources to enhance their
capabilities and become a more efficient Council
program under DHSS.
SENATOR JOHN COWDERY said this appears to make sense, but at the
same time it makes sense to leave the Council on Domestic
Violence and Sexual Assault with the Department of Public Safety
(DPS). It's a question of which makes most sense.
KRISTY TIBBLES, legislative assistant for Senator Ben Stevens,
said because there is reorganization under the new
Administration and specifically because the Council for Victims
Justice, the Victims Crime Compensation Board and the Violent
Crimes Compensation Board are moving from DPS to DHSS, the
sponsor feels it is appropriate to transfer the Council on
Domestic Violence and Sexual Assault at this time as well.
SENATOR COWDERY asked whether there was any economic incentive
for the move.
MS. TIBBLES replied a potential benefit would be that since DHSS
has more federal grant writers than DPS, they might be better
able to assist the Council in this area.
SENATOR COWDERY asked if this would be a positive impact for the
victims.
MS. TIBBLES said she believed so.
SENATOR COWDERY asked how many people would be affected.
MS. TIBBLES wasn't sure.
CHAIR GARY STEVENS questioned whether the move would in any way
lessen the role played by DPS in cases involving violence.
MS. TIBBLES replied a DPS representative was available to
respond then said, "We certainly hope it does not lessen the
role at all. We've come a long way to take those domestic crimes
serious..."
SENATOR GRETCHEN GUESS declared a conflict because she is a STAR
(Standing Together Against Rape) board member. She questioned
the proposed move because there would be no monetary impact. The
argument that DHSS has more grant writers isn't defensible
because that department has many divisions and writes more
federal grants. She inquired whether the sponsor had a
commitment that DHSS would dedicate a grant writer to domestic
violence and sexual assault issues because she couldn't find
anything in writing that indicated there would be more money
dedicated to these issues.
MS. TIBBLES acknowledged there was no such commitment then noted
the 2002 legislative audit recommended the Council work more
closely with DHSS.
SENATOR GUESS advised that recommendation was made with
reference to specific issues that have been resolved.
Her second question dealt with the reference to the statute
regarding standards with DHSS, but it's actually domestic
violence standards. She noted the sponsor statement repeatedly
made reference to domestic violence, but those in the sexual
assault advocacy community understand sexual assault is not a
domestic crime. She questioned the reasoning for moving criminal
issues to DHSS and asked whether she was correct that the
statute was just on domestic violence.
MS. TIBBLES wasn't sure.
SENATOR GUESS said she was quite certain that was the case and
Ms. Tibbles might want to check that.
She made reference to a letter from the Governor that requested
that the Council stay at DPS and asked whether he had changed
his position.
MS. TIBBLES replied the Governor originally considered moving
the Council to DHSS then chose not to do so. It is her
understanding that the Administration has now assumed a neutral
position.
SENATOR GUESS asked why domestic violence grants wouldn't be
transferred between departments by reimbursable services
agreement (RSA) as is now the case. Currently the Council
receives RSA money from the federal health education and social
services as well as the Department of Justice. She couldn't
understand why that wasn't a viable alternative if DHSS does in
fact have more comprehensive grant writing capabilities.
MS. TIBBLES acknowledged that could be an alternative.
CHAIR GARY STEVENS asked the Department of Public Safety
representative to come forward.
JUANITA HENSLEY, special assistant to the commissioner of DPS,
advised the department is neutral on the bill. Arguments could
be made for either maintaining the status quo or for moving the
Council to DHSS; the decision is up to the Legislature. In
either case, DPS Commissioner Tandeske is committed to support
any domestic violence and sexual assault cases. Of course she
couldn't predict whether subsequent commissioners would be as
committed.
SENATOR FRED DYSON stated the staff and volunteers from STAR
deal directly with the police at crime scenes by assisting in
gathering evidence and in accompanying the victim to the
hospital to arrange for services. This is the point where most
interaction with state agencies occurs.
SENATOR GUESS said the Senator brought up a good point and there
is a broader policy issue here. Because the relationship between
public safety officers and victims and people who support the
victims is the most important relationship there is in victim's
services, she questioned why a move to DHSS would be considered.
Although she is impressed with Commissioner Tandeske's
commitment to domestic violence and sexual assault, decisions
should be made that plan beyond the tenure of one commissioner
or this Administration. Why risk this established relationship?
MS. HENSLEY replied the Council on Domestic Violence and Sexual
Assault oversees the policies on domestic violence in the state.
It is a granting agency that grants monies to victim's programs.
That won't change; advocacy work doesn't come from public safety
other than when the police officer takes the victim to the
hospital.
SENATOR GUESS agreed then pointed out the role the Council plays
in facilitating different groups was being overlooked. The
Council has worked hard to establish and maintain a working
rapport with the department and housing the Council there has
facilitated that.
Again she asked whether the Governor had changed his mind with
regard to where the Council should reside.
MS. HENSLEY replied the Administration is neutral at this time;
it's a legislative decision. She didn't believe the commissioner
had spoken directly to the Governor on this issue.
SENATOR GUESS suggested it was important that someone from the
Administration testify on the bill before it was moved from the
committee because it's important to know the Governor's
position.
There were no further questions for Ms. Hensley.
CHAIR GARY STEVENS asked the DHSS representative to come
forward.
KARLENE JACKSON, Deputy Commissioner for the Department of
Health and Social Services, testified they are similarly
ambivalent regarding the move. Good arguments could be made
either way. At this time DHSS has a seat on the Council. The
department is in the midst of a reorganization that involves
five different components from the Department of Administration
(DOA) and the Department of Education and Early Development
(DEED) so they aren't looking for new work. However, they would
welcome the Council if the Legislature should make the decision
to move it to DHSS. Although she's a newcomer, she finds they
have a good working relationship with DPS and wherever the
Council is placed, they will make the situation work.
SENATOR COWDERY asked whether any safety issues would be
jeopardized if the Council were to move to DHSS.
MS. JACKSON replied she isn't the best person to answer the
question. Although the current working relationship between DPS
and DHSS is very good, that could change, which could become a
safety issue. Other than that, many divisions within DHSS work
with DPS issues.
There were no further questions asked of Ms. Jackson.
CHAIR GARY STEVENS noted there were a number of people that
wanted to testify.
MARCIA McKENZIE advised she wrote to each committee member
stating her deep concerns regarding the proposed move. It is
well established that domestic violence and sexual assault are
major crimes that can be life threatening. Among other things,
shelters help victims do safety planning which includes
coordinating access to law enforcement when needed. Because
restraining orders aren't always as effective as expected or
hoped, close ties to law enforcement are all the more important.
Over the course of the 15 years she was in the field, there was
a marked and welcome change in attitude. She assumes the
committee members are concerned about the victims and their
safety and asked them to look beyond the Administration and seek
the views of the victims groups. She asked the committee to look
at the granting process to see whether DHSS could realistically
receive more federal grants. Her experience causes her to doubt
that; the Council seems to get all the federal money that is
available.
CAREN ROBINSON, Alaska Women's Lobby representative, testified
she has a very personal stake in this legislation. In 1981 she
was one of the legislators who worked with victims and victims
programs for a year to craft good legislation. They started in
the DHSS commissioner's office and through a long deliberative
process they set up the Council on Domestic Violence and Sexual
Assault. One of the final decisions was to house the Council in
the Department of Public Safety, which is "one of the best
things that's ever happened to changing the attitudes and
setting the direction this state has gone." Not only did Alaska
set a model for the rest of the nation, the Reagan
Administration honored them for having the foresight to place
the Council in the Department of Public Safety.
In 1994 the Attorney General's Task Force on Family Violence
recommended the following for the justice system:
Family violence should be recognized and responded to
as a criminal activity. Law enforcement officers,
prosecutors, and judges should develop a coordinated
response to family violence and communities should
develop a multi disciplinary team to investigate,
process and treat all instances of family violence
especially cases of physical and sexual abuse of
children.
In Alaska people were made aware that the top law enforcement
officer was committed to work to end domestic violence and
sexual assault.
LORI HUGINAN from the Alaska Network on Domestic Violence and
Sexual Assault (Network) explained the Network is the coalition
of the community-based programs that are primarily funded
through the Council. She echoed Ms. Robinson's testimony and
asked members to table the bill.
She advised she wanted to talk about the funding sources.
Although they appreciate Senator Ben Steven's efforts to find
more federal dollars for the Council, and they agree programs
are under funded and that there are areas of the state that
don't offer programs, it's not been their experience that there
are not more federal dollars available for the programs than the
Council is already receiving. The Council receives money from
the Family Violence Prevention and Services Act, the Victims of
Crime Act, Rape Prevention and Sexual Assault Prevention block
grant, and the Center for Disease Control. They were receiving
money for temporary assistance for needy families but that money
won't be available in FY04. There are also some statewide
initiatives the Council funds then RSAs the money to other
departments for intervention and prevention services.
A highlighted initiative is the Services Training Officers and
Prosecution (STOP) program. Since its 1996 inception, they have
RSAd over $1.1 million to DPS, $1.1 to DOL, $290,000 to the
court system, and over $1.8 million to victim's services and
other discretionary projects. During this time the
administrative costs have been kept to about five percent of the
distributed amount. They have encountered no difficulties in
being able to accept federal dollars whether the money came
through DHSS or the Department of Justice. Similarly, they have
not exhibited problems in being able to accept RSAs from other
state departments or RSAing to other state departments.
Housing the Council in DPS has not been a hindrance to acquiring
federal dollars and she asked for support in keeping the Council
in DPS.
DEB KNAFF from Sitka read a statement from Grace Brooks urging
the committee to keep the Council on Domestic Violence and
Sexual Assault housed in the Department of Public Safety. Both
domestic violence and sexual assault are crimes that would
receive more public awareness under DPS than DHSS. Moving the
Council would set the state back 20 years to when domestic
violence was considered and responded to as a private family
matter. Domestic violence is a crime against a victim but it
also diminishes a community and deserves a community response.
Similarly, sexual assaults are nearly always felony crimes that
don't fit with a social services treatment program.
CAROL GOODEN-RICE from Valdez testified against moving the
Council from DPS to DHSS. Both domestic violence and sexual
assault are crimes that involve power and control and thrive in
isolation. She couldn't understand how DHSS would be able to
advocate for both victims and perpetrators of these crimes. She
raised that question because it is not uncommon for perpetrators
to have interactions with DHSS and the Division of Alcohol and
Drug Abuse. These crimes are not a private family matter.
ANNA FAIRCLOUGH, Executive Director of STAR, echoed the
sentiments of those who spoke previously regarding the need to
keep the Council on Domestic Violence and Sexual Assault housed
in the Department of Public Safety. She asked the record to
reflect that the Governor's letter had not been refuted and she
didn't believe he was neutral on the issue. She had a letter
that made it clear he wanted the Council to remain in DPS.
She appreciated Senator Dyson acknowledging that STAR went to
Alaska Regional Hospital 255 times last year when the Anchorage
Police Department called them. They went to the crime scene and
were in the room supporting the victim while forensic evidence
was collected. Last year they responded to children 355 times,
but if family calls for help were included the total would rise
to about 1,200.
They are a part of the multi-disciplinary team that is part of
the goal for response in the State of Alaska. The Council has
been housed in DPS for 22 years and to move it to DHSS would be
a step backward. Both are crimes and rape is a felony crime,
which is a public safety issue.
SENATOR DYSON asked why STAR didn't also go to Providence
Hospital.
MS. FAIRCLOUGH replied the Anchorage Police Department sent out
an RFP and has a three-year contract with Alaska Regional
Hospital to provide services.
MICHELLE DeWITT, Executive Director of Tundra Women's Coalition
in Bethel, testified in opposition to SB 158. The Coalition
provides shelter and outreach to victims of domestic violence,
sexual assault, and child sexual abuse. She assured everyone the
Department of Public Safety is the best place to coordinate
services to crime victims. These are crimes and need to be
responded to as such.
As an administrator and counselor she finds housing the Council
in DPS facilitates and strengthens relationships. It's also
important for victims to have voices in public safety and having
the Council there provides a direct link.
She works with program grants on a daily basis and has been well
pleased with the Council's grant writing and administration. The
Council is an excellent resource and it is excellent in the
public safety infrastructure.
ELENA ALUSKAK, a children's advocate from Bethel, testified in
opposition to SB 158. She is pleased with the current funding
arrangements. Keeping the Council in DPS helps support the
knowledge that domestic violence and sexual assault are crimes
and need to be treated as crimes.
BRENDA STANFILL, Executive Director for the Interior Alaska
Center for Nonviolent Living in Fairbanks echoed the previous
testimony. Sexual assault is a felony crime and those victims
need support from advocates and law enforcement that work
together while they go through the difficult forensic exam.
There was a time when law enforcement and domestic violence
advocates didn't work well together, but having the Council in
DPS has helped built a positive relationship. It's important
that the Council is seen as part of the "safe team" and if it
were moved to DHSS they would become separate. "This has got to
be a team issue. It's something as a community we have to stand
up and say this is not okay and as a team we are going to
address this to make this stop. I urge you to keep the Council
on Domestic Violence and Sexual Assault in the Department of
Public Safety."
KIMBERLEE VANDERHOOF from Fairbanks related the story about
Dorothy Hobson who was murdered by her husband in February 2001
in front of her children. She told several more domestic
violence stories in which women were ultimately murdered. She
reported, "In 1991 81 percent of women presenting to hostels
nationwide for suicide attempts were battered women." Domestic
violence is not a human services issue; it's a public safety
issue. As a legal advocate for the Fairbanks women's shelter,
she has worked with thousands of domestic violence and sexual
assault victims. Part of her job was to establish relationships
with law enforcement officers so she could refer victims and
encourage a trust between victims and law enforcement. While she
maintained a good relationship with human service providers, she
relied on law enforcement to focus on victim safety.
It's important to keep the Council in DPS. When law enforcement
officers are most at risk responding to domestic violence calls;
when work place violence is a concern of Alaskan employers as it
impacts local economies; when in 1995 80 percent of homicides in
Alaska were domestic violence related and when 25 percent of the
1996 domestic violence deaths were of children this absolutely
demonstrates that domestic violence is a safety issue. "It is a
well educated, responsible government which supports victims by
acknowledging that domestic violence and sexual assault are
brutal crimes. Maintaining the Council within the Department of
Public Safety is responsible government."
There was no further testimony.
CHAIR GARY STEVENS expressed appreciation for all the comments
and testimony. He announced SB 158 would be held in committee.
SCR 6-LOCATION OF NEW SEAFOOD LAB
CHAIR GARY STEVENS asked Senator Wagoner to introduce the bill.
SENATOR THOMAS WAGONER, bill sponsor, stated there are two
current issues pertaining to the resolution.
· The lease on the existing seafood lab located in an old
Piggly Wiggly Store in the Matanuska Valley is not
available for releasing.
· The Alaska Industrial Export Authority currently owns a
250,000 square foot underutilized, state of the art seafood
processing facility in Anchorage. There is no evidence that
indicates the processing unit will be used to process fish
in the foreseeable future.
He paraphrased from the sponsor statement:
The funding history for replacement of the lab began
in FY 1999 with a $145,700 appropriation for a
feasibility study. In FY 2001, at a cost of $240,000,
the Department of Environmental Conservation
contracted for a conceptual design. A state-owned
parcel adjacent to the Anchorage Department of Health
and Social Services public health lab was determined
as the most accessible and economical site for a new
lab. In FY 2002, an appropriation of $1.3 million was
allocated for a complete design.
This year, the legislature is being asked to approve a
bond bill for construction costs of some $14.285
million.
This resolution suggests that a better use of state
funds would be to incorporate the proposed lab into
the existing AIDEA owned building that currently
houses Alaska Seafood International (ASI).
AIDEA has provided $50 million for construction and
long-term financing for the processing building and
retains a 29 percent equity position in ASI and
ownership of the plant and land underlying the plant.
The state could realize substantial cost savings by
construction of the lab within this existing state
owned facility.
SENATOR JOHN COWDERY understood Alaska Seafood International
does some lab work in the facility and wondered whether this
would become an extension of that lab or remain separate.
SENATOR WAGONER advised the proposal was exploratory in nature
but the design called for the two to remain separate. He
remarked $15 million is a lot of money for the state to spend on
a lab particularly when much of the lab, as designed, is devoted
to office space.
SENATOR COWDERY asked how many square feet were needed for the
lab and whether it was available in the AIDEA building without
jeopardizing ASI needs.
SENATOR WAGONER replied they need a little more than 20,000
square feet and it wouldn't jeopardize ASI needs in the
foreseeable future.
CHAIR GARY STEVENS asked Doug Bell to speak to the ASI position.
SIDE B
4:25 pm
DOUG BELL, Alaska Seafood International representative, advised
they are neutral with regard to the resolution. They do have the
room and would be willing to share the space.
CHAIR GARY STEVENS asked for confirmation that this would
present no conflict and ASI would be comfortable working with
the seafood lab.
MR. BELL assured him there were no space issues.
SENATOR FRED DYSON asked for the square footage of the AIDEA
building.
MR. BELL replied the building has 202,000 square feet and they
occupy about 25 percent.
SENATOR COWDERY asked whom the seafood lab would pay for use of
the facility.
MR. BELL wasn't sure those arrangements had been made but they
were open to the discussion.
SENATOR COWDERY asked what the state was currently getting in
return for its $50 million investment in the AIDEA building. He
said, "I know you had about 80 something in it."
MR. BELL replied he was correct. Currently AIDEA is deferring
ASI rent and that will continue until October 2003.
SENATOR COWDERY asked whether the seafood lab rent would be
similarly deferred.
MR. BELL advised AIDEA would have to speak to that question.
SENATOR COWDERY asked whether ASI would have any problems paying
rent beginning in October.
MR. BELL was unable to give a definitive answer but, at this
point, is would be difficult.
SENATOR COWDERY stated for the record he hosted a legislative
lunch using ASI donated product.
CHAIR GARY STEVENS asked if an AIDEA representative was present
and was advised they were on line.
SENATOR GRETCHEN GUESS asked whether the operating costs would
remain the same regardless of where the lab was located.
SENATOR WAGONER said personnel costs would probably remain the
same and lab costs are basic. He advised it would be a three way
process between ASI, AIDEA and DEC and AIDEA could speak to the
costs better than anyone else.
SENATOR COWDERY asked him to state for the record exactly what
the lab would do.
SENATOR WAGONER explained the lab runs a variety of tests on
dairy products, on animal meats and meat products, and shellfish
products. Any food tests the state is required to run are
handled in the lab.
SENATOR GUESS advised one of the arguments for moving the lab
into Anchorage was to provide better access to the airport.
SENATOR WAGONER agreed time is of the essence when testing a
food product. This is a more complex issue than he was initially
aware.
CHAIR GARY STEVENS added this is extremely important to the
seafood industry particularly when testing for paralytic
shellfish poisoning.
He announced Matt Tanaka from DOT, Tom Livingston from
Livingston Sloan Architects, Elise Hsieh from the Department of
Law, Ron Miller and Sara Fisher-Goad from AIDEA were all on-line
and available to answer questions.
He asked an AIDEA representative to speak to the questions
regarding payments.
RON MILLER, AIDEA representative in Anchorage, testified they
have discussed the DEC and DOTPF proposed plans and have
proposed rental rates for that portion of the building. The
arrangement would be a lease between AIDEA and DEC for the space
in the facility.
CHAIR GARY STEVENS asked how ASI fit into the picture.
MR. MILLER explained AIDEA owns the building, ASI leases the
building and the lease payments are deferred until October 2003.
Should DEC move into the building and ASI continue to occupy the
building after October, AIDEA would make some lease adjustment
to ASI since they would be occupying less space. They would make
a separate lease agreement with DEC.
There were no further questions for Mr. Miller.
KRISTIN RYAN, Director for the Division for Environmental
Health, explained DEC started a process with DOTPF to see
whether SJR 6 was feasible. DOTPF manages state leases and DEC
does not. A significant portion of the funds have already been
allocated to design the lab that would be built on state-owned
land next to the public health facility so they wanted to act
quickly to determine the feasibility of this proposal. The
current lease expires in December 2006 and a new lab must be in
place on or before that time.
With regard to Senator Cowdery's questions about lab functions
she explained it tests raw dairy product to make sure the fat
content is correct and to ensure the pasteurization process is
working. Every portion of dairy products that are sold to the
military and to schools must be state certified. The lab also
tests shellfish for paralytic shellfish poisoning, and reindeer
and other large animals shipped out of state for brucelosis. It
also performs the Fish Monitoring Project analysis to test for
persistent organic pollutants such as heavy metals.
DOT director Matt Tanaka contracted with Livingston Slone to
analyze the AIDEA building as an option to relocate the lab. She
noted preliminary information was in the packets and page 2
provides a comparative analysis.
CHAIR GARY STEVENS asked if she was referring to the Seafood and
Food Safety Laboratory Replacement spreadsheet dated 4/3/03.
MS. RYAN said that was correct. It compares building the lab as
planned to building it in a portion of the AIDEA building that
is leased by ASI.
Putting the lab in that building would save the state a bit more
than $700,000. The reason the savings is not greater is that the
state has already spent $1 million in design work and that is a
sunk cost. If the lab were to share the ASI space, the state
would have to start over. Only $2 million could be saved in
construction costs because the requirements for a lab are very
specific. All heating and ventilation systems would have to be
completely separate and the only existing infrastructure that
could be used is the floor and one wall. Contingency costs are
about $500,000 more to put the lab in the building ASI leases
because of the unexpected costs to modify an existing structure.
SENATOR COWDERY asked if she said it would cost $500,000 more to
put the lab in the existing facility.
MS. RYAN responded it would cost about $700,000 less to use the
ASI leased building. The $500,000 covers contingencies.
They worked with the Department of Revenue to analyze the
impacts to the funding options. For one thing, certificates of
participation couldn't be used to modify an existing state
facility, which means the construction costs would require a
$13.2 million general fund appropriation.
SENATOR DYSON asked, "As opposed to what?"
MS. RYAN explained the lab that is already designed could be
funded with certificates of participation. They could sell bonds
and debt service would assume the annual cost of paying back
that bond debt. The Governor is introducing a bond bill to
provide that option if the Legislature elects to take that
route.
If the lab were built in the ASI leased building, DEC would have
concerns about vibration to their microscopes and scales from
ASI or other tenants. Fulcrum scales that measure one part per
billion are so sensitive that a person walking into the room can
impact the reading. DEC has discussed these concerns with AIDEA
with regard to ASI and other tenants. The lab would occupy just
ten percent of the building and house 14 people. Labs are built
as stations for each type of analysis that is done with each
station representing a function.
SENATOR COWDERY asked if sharing the building would cause
problems.
MS. RYAN replied it might because lab equipment is sensitive to
vibration and fumes.
CHAIR GARY STEVENS asked about the seafood processing business
already on the premises.
MS. RYAN replied ASI business is compatible with the lab but
there could be ethical issues because the lab would oversee and
regulate ASI.
SENATOR COWDERY asked whether another food vending entity would
have an impact on the lab.
MS. RYAN said they regulate any food processing and might test
their products. AIDEA would have to determine the possible
conflicts with every potential tenant.
SENATOR DYSON said he was startled by the cost to convert one
quarter of the building. He asked whether the heating system was
hot air.
TOM LIVINGSTON with Livingston Slone Architects replied the
existing system was built for manufacturing and food processing
occupancy. The lab would need a separate ventilation system to
prevent mixing and contamination. More control over the
ventilation systems is also required.
SENATOR DYSON restated his question regarding the heating
system.
MR. LIVINGSTON replied they propose to put in a stand-alone
heating and ventilation system specifically for the lab. The
projected cost per square foot is $85, which is commensurate
with Anchorage building costs.
SENATOR DYSON asked if it was correct that the temperature and
environment in the lab had to be carefully controlled.
MR. LIVINGSTON said that was true. They designed the lab to
occupy a corner of the two-story building. For economy and to
utilize the volume effectively they propose a two-story build-
out within that space. Two insulated exterior walls and the roof
and floor slab could be used, but all interior utility systems
would be independently provided. The lab would be an independent
building with the opportunity to expand the building outside the
current footprint at some point.
SENATOR DYSON asked if the existing heating system was hot air.
MR. LIVINGSTON replied it was hot air with an air exchange rate
that is lower than required by the seafood lab.
SENATOR DYSON asked why they couldn't use a heat exchanger off
the existing hot air system to provide a hydronic system or
whatever was needed for the proper environmental control in that
quarter of the building.
MR. LIVINGSTON advised they are trying to utilize existing
systems wherever possible and would tap into the emergency power
system.
SENATOR COWDERY asked whether placing an environmentally
sensitive lab in the building would jeopardize any other options
for usage.
MR. MILLER responded it is a concern that DEC would be a
preemptive tenant. They also noted the proposed footprint would
take up two or three of the current loading docks, which might
serve as a disincentive for a future tenant.
CHAIR GARY STEVENS asked him to comment on what has already been
spent in the design phase of a new lab because he understood
$145,000 was spent on a feasibility study.
MR. MILLER explained that money was spent by DEC and DOTPF.
CHAIR GARY STEVENS noted $240,000 was spent on conceptual
design. He asked whether the $1.3 million appropriated in FY 02
had been expended.
MR. MILLER advised they were not involved; DEC and DOTPF might
be able to answer the question.
CHAIR GARY STEVENS asked Mr. Tanaka whether the $1.3 million FY
02 design appropriation had been expended.
MR. TANAKA replied part had been expended. Footnote (1) on the
spreadsheet states that if the decision is made by 4/15/03 about
$650,000 would be available to carry forward for the design of a
lab in the building ASI leases. To date they have spent
somewhere in excess of $700,000 on the design of a lab to go
next to the existing public health lab on Tudor Road. That
design effort would be shelved if the direction were changed to
pursue building a lab in the ASI building. When comparing the
two proposals and including sunk costs for the Tudor Road lab,
the projects are a wash. Both would be $14 million projects.
SENATOR COWDERY noted he wanted to move the bill on to Finance,
but he questioned whether the change of direction proposed by
SCR 6 would actually save the state money.
He made a motion to move SCR 6 from committee. There being no
objection, it was so ordered.
SB 148-PFD: ALLOWABLE ABSENCE FOR MILITARY SVC
ANNETTE SKIBINSKI, staff to Senator Cowdery, introduced SB 148
by relating a story about a constituent who was activated and
sent overseas for ten months then left Alaska on personal
business upon his return. He was gone more than the 45 days
allowed and was subsequently denied a dividend.
The existing statute allows a member of the military to remain
outside Alaska for up to 45 days a year in addition to the time
served on active duty. SB 148 would amend the statute to allow a
180 day absence from Alaska per year in addition to active duty
time. Spouses and dependent children would be similarly
exempted.
She noted the $30,000 fiscal note reflects the retroactive
clause. The Department of Revenue would use dividend funds to
notify military personnel of the new statutory provision and
extended deadline.
SENATOR COWDERY commented the existing statute appears to
penalize those called to active duty and he was sure that was
unintended.
SENATOR FRED DYSON remarked the bill makes sense.
SENATOR GRETCHEN GUESS agreed and said she would like to move
the bill.
CHAIR GARY STEVENS advised there were others that wanted to
testify.
MS. SKIBINSKI noted the individual that precipitated the bill
was recalled to active duty and unavailable to testify.
CHAIR GARY STEVENS asked Mr. Persily to give an explanation of
the costs associated with the retroactive clause.
LARRY PERSILY, Deputy Commissioner to the Department of Revenue,
explained extending the application deadline would require
extensive notification. The department would search the database
and identify everyone who claimed military absence in recent
years and notify them of the changes. It would be a wise use of
a small amount of dividend funds to send a letter and
application to everyone who may be qualified due to the extended
deadline.
CHAIR GARY STEVENS asked what the impact would be to extend the
deadline to September 15, 2003. He asked how the department
would estimate how much money to hold to pay the late
applicants.
MR. PERSILY replied they would have to make the determination on
the dividend before any late applications came in and were
reviewed. They would examine the number of applications in June,
July, August and September plus those under review and make the
estimate. The dividend fund has a few million dollar balance
that rolls over every year because it's not possible to estimate
exactly how many checks would be paid. They would make sure
sufficient funds were held out to cover any successful
applications submitted under the extended deadline.
He further explained this would also cover people who are
discharged from the military and have just 45 days to return to
Alaska. It's the intent of the statute to have them return
because they have been claiming Alaska as their home and
collecting the dividend while they were stationed elsewhere.
With this change they would have 180 days to return to Alaska
after their discharge. As noted by the sponsor, it would also
cover people called to active duty unexpectedly. Both
populations would be covered.
SENATOR COWDERY asked whether he supported the bill.
MR. PERSILY replied he has no problem with the legislation. The
department just asks that the intention is clear.
GALE HALLER from Dillingham asked that the bill be amended to
include cases such as hers. She is an Alaska resident and
married someone in the military who did not meet residency
requirements to receive a dividend. When her husband was
transferred out of state she moved with him. As a result, she
became ineligible to receive a dividend herself because her
absence was not exempted. She argued her eligibility should not
be based on the eligibility of her spouse.
SENATOR GUESS asked that Ms. Skibinski clarify the problem Ms.
Haller spoke to.
MS. SKIBINSKI remarked Mr. Persily might have more information
than she, but at one time military personnel were covered and
spouses and children were not. She agreed to look into the
matter further if the Chair so desired.
CHAIR GARY STEVENS said they would stick to the bill before the
committee, but asked Mr. Persily to clarify that particular
situation.
MR. PERSILY said, "If I understand correctly, the law says if
you leave the state on an allowable absence, you can remain
eligible for the dividend. If you are accompanying your spouse
who's on an allowable absence, you and your children can remain
eligible. In this case, because the husband was not eligible,
her departure was not an allowable absence. She was not
accompanying an eligible Alaskan on an allowable absence." This
would apply to military, to students, or to someone going out
for medical care. If a person leaves the state to care for a
terminally ill parent and the spouse goes too both remain
eligible, but the spouse has no rights if the individual tending
to their parent isn't eligible.
SENATOR COWDERY asked if it was correct that this bill would
make it possible for military personnel to remain out of state
for up to 180 days, but at 181 days they would be ineligible.
MR. PERSILY said if, in addition to military service, someone
stayed away for 181 days before they came back to Alaska, they,
their spouse, and their children would all be denied.
SENATOR COWDERY recapped the story that precipitated the bill.
SENATOR DYSON said, "Let's move it."
CHAIR GARY STEVENS responded we have a motion to move SB 148
with the attached fiscal note and individual recommendations.
There being no objection it was so ordered.
TAPE 2
5:25 pm
SB 146-COMMEMORATIVE VETERANS LICENSE PLATE
SENATOR GRETCHEN GUESS explained SB 146 establishes a license
plate that any Alaskan could purchase to support veterans. It is
modeled after the current Children's Trust license plate. There
would be a $100 one-time fee in addition to the $35 renewal fee.
It's a simple bill to help Alaskans show support for veterans.
The goal is for the money raised from the sale of the license
plates to go to veteran services. The fiscal note is small and
would be covered by the revenues generated.
SENATOR JOHN COWDERY asked if this was a tax bill.
SENATOR GUESS responded a tax bill is one where the government
requires payment; this is optional.
SENATOR COWDERY asked how many other states offer this license
plate and are the proposed charges comparable.
SENATOR GUESS replied the Department of Motor Vehicles (DMV)
could answer specifically, but many states have multiple license
plate options. She was unaware of any states that offered the
plate in support of veterans. She didn't know about comparable
costs. The charge for the proposed plate is modeled after the
Children's Trust plate.
SENATOR COWDERY asked if the fees would be in addition to
standard fee or in place of the standard fee.
SENATOR GUESS replied the fee is the same as the Children's
Trust plate, which is in addition to the standard fee.
SENATOR COWDERY mused it is a tax.
CHAIR GARY STEVENS asked Charles Hosack whether he had anything
to contribute.
CHARLES HOSACK, Deputy Director with DMV, stated the department
supports the bill as a way of supporting veterans. He confirmed
the fees are in addition to the regular registration fees. Each
year a $35 fee would be paid in addition to the one time $100
fee.
Other states have a number of specialty plates and since
September 11 some states are proposing laws similar to this to
commemorate or support veterans. He didn't know how many had
passed or the fee structure. The $100 one-time fee is the same
as the $100 one-time fee for the Children's Trust plate.
There were no further questions.
SENATOR COWDERY made a motion to move SB 146 with individual
recommendations and attached fiscal note. There being no
objection, it was so ordered.
HB 52-SEX CRIME AND PORNOGRAPHY OFFENSES
CHAIR GARY STEVENS announced HB 52 is a bill relating to the
forfiture of property used to possess or distribute child
pornography.
REPRESENTATIVE LESIL McGUIRE, bill sponsor, explained the bill
passed the House in this form both last year and this year and
they would appreciate support from the Senate.
This would allow the sentencing judge the additional punitive
option of seizing the equipment used in the commission of the
sex or pornography crime. Of course the offender could
repurchase the same type of equipment at some point in the
future, but the point is to be punitive and not return equipment
that used to commit the crime. An ancillary benefit to law
enforcement agencies is they may use the offender's equipment to
learn more about predatory techniques.
She was aware Senator Dyson had an amendment to include the
corpus of SB 96 and she supported the inclusion.
CHAIR GARY STEVENS asked if the bill passed the House
unanimously during the previous session, which would mean the
three former House members on the committee voted in favor of
the legislation.
REPRESENTATIVE McGUIRE agreed that was the case.
SENATOR JOHN COWDERY commented he receives numerous unsolicited
and unsavory emails on his home computer and he finds filters
not altogether satisfactory. He wondered if she might address
that problem in future legislation.
REPRESENTATIVE McGUIRE said she is committed to continue to work
on the problem. There are some first amendment concerns related
to eliminating SPAM. She believes legislation is appropriate but
not entirely effective.
SENATOR COWDERY suggested requesting help from the U.S.
Senators.
SENATOR FRED DYSON said he appreciates the concern and has
become increasingly cynical. The amendment he proposes targets
the money connection. Six states have passed laws that make it a
crime to service the billing function of pornographic sites. To
his knowledge, none of those billing services are currently
operating in Alaska, but there may well be in the future. Server
farms where all the electronic data resides don't have to be
where the originator, the consumer, or the billing function
occurs. His amendment [SB 96] allows the law to go after the
billing firms that provide the connections.
SENATOR DYSON made a motion to adopt a conceptual amendment to
include the contents of SB 96 with CSHB 52. It is his
understanding that if both pass, legislative legal would merge
the two bills and possibly change the title, which would require
a concurrent resolution. Amendment #1 was adopted without
objection.
SENATOR GRETCHEN GUESS asked if "providing the billing
collection" applied only to billing companies in Alaska because
if every state passed this type of legislation it would force
these billing companies to go overseas to conduct business.
SENATOR DYSON said this posts a "no trespassing" sign at Alaska
boundaries and those companies would stay away. States that
don't pass this type of legislation would become a refuge and
they would have a growth industry.
SENATOR COWDERY suggested contacting the U.S. Senators to make
the law as tough as possible.
SENATOR GUESS agreed with Senator Cowdery and noted the next
difficulty is overseas.
CHAIR GARY STEVENS asked the record to reflect Lt. Matt Leveque
from Anchorage was on line to answer questions.
There were no further questions or comments.
SENATOR GUESS made a motion to move SCS CSHB 52 (STA) from
committee with individual recommendations and attached fiscal
note. Included was a motion for a concurrent resolution for
change of title. There being no objection, it was so ordered.
There being no further business to come before the committee,
Chair Gary Stevens adjourned the meeting at 5:45 pm.
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