HOUSE FINANCE COMMITTEE March 17, 1994 8:30 a.m. TAPE HFC 94-65, Side 1, #000 - 521. CALL TO ORDER Co-Chair Larson called the House Finance Committee to order at 8:30 a.m. PRESENT Co-Chair Larson Representative Hoffman Vice-Chair Hanley Representative Navarre Representative Brown Representative Parnell Representative Foster Representative Therriault Representative Grussendorf Representative Martin Co-Chair MacLean was not present for the meeting. ALSO PRESENT Sandra Nusbaum, Representative Gail Phillips; Laddie Shaw, Executive Director, Alaska Police Standards; Jerry Luckhaupt, Legislative Legal Counsel, Legislative Affairs Agency; SUMMARY INFORMATION HB 319 "An Act relating to the training of law enforcement and corrections officers; to the establishment of surcharges to be assessed for violations of certain traffic offenses; creating the Alaska Police Standards Training Fund; and providing for an effective date." CSHB 319 (FIN) was HELD in Committee for further discussion. HOUSE BILL NO. 319 "An Act relating to the training of law enforcement and corrections officers; to the establishment of surcharges to be assessed for violations of certain traffic offenses; creating the Alaska Police Standards Training Fund; and providing for an effective date." Members were provided with a committee substitute work draft, 8-LS1237\R, dated 3/16/94 (copy on file). 1 SANDY NUSBAUM, STAFF, REPRESENTATIVE PHILLIPS testified in support of the committee substitute. She noted that Representative Phillips served as chairman of the governor's Task Force on the Contract Jail Program. She emphasized that no standards for operational staffing exists within the contract jails program. She noted that some contractors operate with full-time employees and other operate by utilizing dispatch staff for jail operations. She asserted that custodial care must be provided by professionally trained correctional staff. She stated that correctional personnel are not receiving adequate training. Ms. Nusbaum observed that the Alaska Police Standards Council is mandated by statute to establish and maintain police training programs, probation and parole officer training programs, and correctional training programs. She maintained that funding has been insufficient to allow the Alaska Police Standards Council to provide annual statewide training. Ms. Nusbaum explained that the legislation would establish a statewide training fund for law enforcement officials. Revenues would be generated by assessing a surcharge against moving traffic violations. She asserted that the legislation will enable the Alaska Police Standards Council to function in a manner that will enhance performance and accountability within the law enforcement and corrections community. Ms. Nusbaum observed that HB 319 was amended in the House Judiciary Committee. She outlined the amendment made by the House Judiciary Committee. Ms. Nusbaum referred to the fiscal note prepared by the Alaska Police Standards Council, Department of Public Safety. She observed that the fiscal note anticipates that collectable annual revenues will be approximately $700.0 thousand dollars. Ms. Nusbaum noted that the sponsor is requesting that the committee substitute be adopted. She observed that the committee substitute would enable the courts to allow defendants who are unable to pay the surcharge to perform community work in lieu of the surcharge. The committee substitute would also change the effective date clauses to allow the Alaska Court System adequate time to prepare in- house accounting systems and to allow the Alaska Police Standards Council to adopt regulations to implement the legislation. Ms. Nusbaum pointed out that the Alaska Court System 2 submitted a fiscal note for $10.0 thousand dollars to cover the revision of traffic booklets and minor computer programming. Representative Grussendorf questioned if the fiscal note could be paid by general fund program receipts. Representative Parnell indicated that general fund program receipts would be an appropriate funding source. LADDIE SHAW, EXECUTIVE DIRECTOR, ALASKA POLICE STANDARDS COUNCIL explained in response to a question by Representative Brown, that moving violations would be assessed the surcharge. Representative Brown asked if municipal ordinances would be included. Mr. Shaw replied that municipal ordinances would apply. Representative Brown addressed the Alaska Police Standards Council's fiscal note. She noted that funding is included for a satellite system. Mr. Shaw described the intended uses of the satellite. Mr. Shaw noted that the satellite would be used for interactive video systems. This will allow the law enforcement and corrections community to down link interactive training available in other states. Ten regional areas would be connected to the satellite down link. Representative Brown questioned if RATNet could be utilized. She noted that funding was provided to analysize multiple use of RATnet, through the Department of Administration. She observed that improved technology would allow eight channel reception. She was reluctant to authorize a single stand alone system. Mr. Shaw indicated the Alaska Police Standards Council was willing to work with or adapt to any existing system. He emphasized that the Alaska Police Standards Council could use savings to advance training in other ways. Representative Brown pointed out that the multi channel RAtNet system is not currently operational. Representative Grussendorf clarified that seat belt violations would be included. He expressed concern that the legislation would affect officer's attitude in regards to issuance of citation due to its revenue enhancing nature. Mr. Shaw emphasized that community base training would offset any inclination to issue fines. He pointed out that of 28,000 citations for seat belt violations only 12,000 carried fines. He asserted that the legislation would not make a difference in the mind of the officer. He reiterated 3 his desire to see training to develop community/officer involvement and communication. Representative Navarre supported the intent of the legislation. He noted that the program would raise revenues by $700.0 thousand dollars. He questioned if the Alaska Police Standards Council training should be given a higher priority than other areas in the Department of Public Safety's budget that will not be funded in FY 95. Representative Martin echoed the concerns of Representative Grussendorf, in regards to the issuance of additional citations carrying fines. He noted the extra accounting costs that creation of a surcharge would require. Representative Parnell noted that the surcharge would not be uniform. He wondered if the question of constitutional equal protection rights would be raised. JERRY LUCKHAUPT, LEGAL COUNSEL, LEGISLATIVE AFFAIRS AGENCY did not think that the $10 versus $25 dollar surcharge would cause equal protection rights issues to be raised. He suggested that the legislature is identifying more serious moving violations as violations meritorious of the $25 dollar surcharge. He added that violations identified for the $25 dollar surcharge are ones that could result in the loss of a licence. Violations carrying a $10 surcharge are non criminal, less serious offenses. Mr. Luckhaupt discussed equal protection criteria used by the court to assure there is no interference to equal protection rights. Representative Parnell suggested that the state could argue that the surcharge is increased to correspond to the increase in severity of the violation. Mr. Luckhaupt agreed that the more serious violations require a greater level of law enforcement expertise. Representative Parnell asked if Alaska or other states have tiered surcharges. Mr. Luckhaupt pointed out that the state of Alaska has no other surcharges. He observed that other states have surcharges to cover victims compensation. Representative Parnell questioned if the surcharge needs to be tied to a corresponding program. Mr. Luckhaupt believed the legislature could inaugurate a surcharge separate from a program. He pointed out that revenues generated by the surcharge would have to be appropriated by the legislature. He suggested that a surcharge could be viewed as an increased fine. 4 Co-Chair Larson asked the fiscal impact of deleting the $10 dollar surcharge. Representative Brown noted that according to page 2 of the Department of Public Safety's fiscal note the majority of revenues would come from the $10 dollar surcharge. Representative Brown asked for more information regarding the contractual line of the fiscal note by the Department of Public Safety. Mr. Shaw responded that contractual money would be used for in service training. Representative Brown noted that the Alaska Police Standards Council's current funding level is $276.0 thousand dollars. The fiscal note requests that all $698.6 thousand dollars generated by the legislation be appropriated to the Alaska Police Standards Council for training. Mr. Shaw emphasized that the current level only allows basic level training. He stressed that field and supervisor training would be funded along with in service training. Representative Brown noted that the contractual line is increased from $180.7 thousand dollars in FY 95 to $580.7 thousand dollars in succeeding years. Mr. Shaw stressed that on site training will be increased in subsequent years. Representative questioned estimates used for equipment. She asked if surplus desks and chairs could be used. Mr. Shaw agreed that surplus equipment may be located but emphasized that computer network needs could not be met by surplus equipment. In response to a question by Co-Chair Larson, Mr. Shaw noted that the Alaska Police Standards Council has a statutory requirement to provide training to officers. (Tape Change, HFC 94-65, Side 1) Representative Brown questioned how the training program will address problems of increased homelessness, poverty and drug addiction. Mr. Shaw noted that training needs to address sensitive based community training. Representative Brown asked for a minimum amount of funding needed to make a difference in training levels. She asked if there is an intermediate level of funding which will allow training beyond the basic level. Mr. Shaw observed that it costs $2,200 to train one officer at the academy for one week. He pointed out that it would cost over a half a million dollars to train all 22,000 officers. He emphasized 5 that as an instructor he experienced troopers at the academy that had not repeated their CPR training in over 10 years. He observed that training needs vary in each community. Representative Brown suggested that most of the surcharge will be collected in Anchorage and spent in other areas. Mr. Shaw assured her that 53 percent of the law enforcement base is on the road system and could therefore come to Anchorage for training. He observed that 60 percent of the surcharge will come from Anchorage. He asserted that the training will be officer equitable. Representative Hanley noted that the fiscal note will need to be adjusted to account for the change in effective date. Co-Chair Larson suggested that Representative Parnell look at the fiscal note. Representative Hanley observed that funding for Alaska Police Standards Council training would be subject to legislative approval even if it is accounted for separately in the General Fund. He maintained that costs would need to be justified. He expressed concern that equipment estimates are high. Representative Hanley referred to other legislation (HB 442) which addresses training needs in the Department of Corrections and Department of Public Safety. Mr. Shaw compared programs in other states. He observed that 30 other states have similar surcharges. He pointed out that Utah has experienced a decline in citations since their program was initiated. He stressed that the majority of states have tiered surcharges. In response to a question by Representative Parnell, Mr. Shaw observed that estimated revenues were based on anticipated actual dollars collected. They estimate that 72 percent of the surcharge will be collected. Co-Chair Larson pointed out that the word "ordinance" is misspelled on page 2, line 14. Co-Chair Larson MOVED to ADOPT work draft, 8-LS1237\R, dated 3/16/94. There being NO OBJECTION, it was so ordered. Representative Brown expressed her preference that the surcharge be deposited in the General Fund without the creation of a separate fund. If the Committee choses to retain the Fund she would recommend that the $10 surcharge be deleted and a lower level of funding dedicated to training. 6 Representative Brown observed that the legislation could be viewed as a revenue measure. She suggested that sections 1 and the creation of the Alaska Police Training Fund be deleted. She observed that revenues could be used to offset reductions in the Department of Public Safety's budget. She expressed support for an increased level of funding for training but questioned if training is the highest funding priority. Representative Parnell agreed with the deletion of section 1. He disagreed with the deletion of section 4 creating the Alaska Police Training Fund. He pointed out that anticipated revenues and subsequent appropriations would not be part of this year's budget discussions, due to the effective date. Representative Brown observed that a separate account creates additional overhead. She maintained that a surcharge could be added to maintain public safety functions. She suggested that an immediate effective date could be adopted if the changes she suggested were made. Ms. Nusbaum replied that the Alaska Court System fiscal note is predicated on the change to their bail forfeiture schedule. She suggested that the Alaska Police Standard Council would need time to put the system in place. She suggested that the program is equated to a sales tax rebate. She reiterated that the legislature has the prerogative to fund the training if they chose. Representative Brown reiterated that it may not be worth the overhead to separately account for the funds. Representative Navarre maintained that any surcharge would justify the Alaska Court System's fiscal note. He referred to publications costs detailed in the fiscal note. He questioned if the cost would be reduced if the effective date clause is delayed. Co-Chair Larson assigned CSHB 319 (FIN) to a subcommittee consisting of Representative Parnell. ADJOURNMENT The meeting adjourned at 9:50 a.m. 7