Legislature(2021 - 2022)GRUENBERG 120

05/13/2021 03:00 PM House STATE AFFAIRS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Delayed to 3:40 pm --
*+ HB 198 AK COMMUNITY HEALTH AIDE APPRECIATION DAY TELECONFERENCED
<Bill Hearing Postponed to 5/15/21>
-- Public Testimony --
+= HB 177 REVISED PROGRAM: APPROPRIATIONS TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+ SB 71 COUNCIL ON ARTS: PLATES & MANAGE ART TELECONFERENCED
<Bill Hearing Postponed to 5/15/21>
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 47 VEHICLE REGISTRATION/PERSONS W/DISABILITY TELECONFERENCED
Moved SB 47 Out of Committee
-- Public Testimony --
+= HB 187 STATE AGENCY PUBLICATIONS TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+= HB 118 EXPANDING PRISONER ACCESS TO COMPUTERS TELECONFERENCED
Moved CSHB 118(STA) Out of Committee
**Streamed live on AKL.tv**
                HB 187-STATE AGENCY PUBLICATIONS                                                                            
                                                                                                                                
3:56:27 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS  announced that  the next order  of business                                                               
would be HOUSE BILL NO. 187,  "An Act relating to the elimination                                                               
or modification  of state agency publications  that are outdated,                                                               
duplicative,  or   excessive  or   that  could  be   improved  or                                                               
consolidated  with other  publications  or exclusively  delivered                                                               
electronically; and  providing for  an effective date."   [Before                                                               
the committee,  adopted as  the working  document on  5/6/21, was                                                               
the proposed  committee substitute (CS)  for HB 187,  Version 32-                                                               
LS0779\G, Wallace, 5/5/21 ("Version G").]                                                                                       
                                                                                                                                
3:56:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KAUFMAN,   as  the  prime  sponsor   of  HB  187,                                                               
addressed Version G.  He  drew attention to the sponsor statement                                                               
and spoke as follows:                                                                                                           
                                                                                                                                
     HB  187 in  its current  form is  intended to  conserve                                                                    
     resources  expended  in   the  production,  processing,                                                                    
     transportation, distribution, storage,  and disposal of                                                                    
     excess   state  agency   publications.     The  product                                                                    
     affected by  HB 187 are  publications as defined  in AS                                                                    
     44.99.240.    As  currently   written  in  statute,  AS                                                                    
     44.99.220  requires  state   agencies  to  compile  and                                                                    
     maintain a  list of the publications  that they produce                                                                    
     each  fiscal year.   This  bill would  ensure that  the                                                                    
     state is  receiving added value  from the work  that is                                                                    
     already being done by using  the list as an opportunity                                                                    
     to  assess the  actual need  for each  document and  to                                                                    
     determine if the  people of Alaska will  be best served                                                                    
     by  printing  or by  digital  delivery.   HB  187  also                                                                    
     provides  for the  reduction in  statutory requirements                                                                    
     to  produce publications  through  changes  made to  AS                                                                    
     37.07.220.    These  changes   will  require  that  the                                                                    
     governor  submit   a  bill   to  eliminate   or  modify                                                                    
     requirements  for publications  deemed to  be outdated,                                                                    
     duplicative,  or excessive,  or  could be  consolidated                                                                    
     with other  publications, and which  of those  could be                                                                    
     delivered  in electronic  form.   Time, energy,  space,                                                                    
     and materials  can all be  conserved by the  passage of                                                                    
     HB 187.                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS stated  he is pleased to see  HB 187 brought                                                               
forward.                                                                                                                        
                                                                                                                                
4:00:00 PM                                                                                                                    
                                                                                                                                
MATTHEW  HARVEY,  Staff,  Representative  James  Kaufman,  Alaska                                                               
State  Legislature, on  behalf of  Representative Kaufman,  prime                                                               
sponsor, presented  a sectional  analysis of  HB 187,  Version G.                                                               
He explained  that Section 1  would amend  AS 37.07.020 to  add a                                                               
requirement for the  governor to submit legislation  to remove or                                                               
amend  the  statutory  requirements for  publications  that  meet                                                               
these qualifiers.   He said  Section 2 would repeal  and re-enact                                                               
AS  44.99.220  requiring  state  agencies  to  use  the  list  of                                                               
publications,  which is  currently  required to  be developed  in                                                               
that statute,  to identify and  highlight publications  deemed to                                                               
be  outdated,  duplicative,  or   excessive,  or  that  could  be                                                               
consolidated with  other publications,  or could be  delivered in                                                               
electronic   form.     This  list   of  publications,   including                                                               
highlighted  publications,  is   required  to  be  electronically                                                               
submitted to  the governor  and both  bodies of  the legislature.                                                               
The governor or the governor's  designee is required to determine                                                               
a goal  percentage of  publications to be  improved upon  by each                                                               
state agency immediately  prior to the start  of each legislature                                                               
on even numbered years.  Mr.  Harvey noted that this last part is                                                               
a change  and the main  reason why the  sponsor asked to  adopt a                                                               
CS.   The  Office of  Budget  and Management  (OMB), he  related,                                                               
pointed out  that complications might  occur if it  was submitted                                                               
every  year because  a  bill  sometimes takes  two  years to  get                                                               
through both bodies.  He further  noted that "and" was changed to                                                               
"or" in  several places in the  bill, along with adding  that the                                                               
report to the legislature would be submitted electronically.                                                                    
                                                                                                                                
4:02:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  asked what the practical  impact would be                                                               
once the bill is passed into law.                                                                                               
                                                                                                                                
REPRESENTATIVE KAUFMAN deferred to Mr. Harvey to answer.                                                                        
                                                                                                                                
MR. HARVEY  replied that  the fiscal  note description  states an                                                               
estimate of  about $585,000 per  year to print publications.   He                                                               
said  the  sponsor  does  not  have an  estimate  for  the  time,                                                               
delivery,  and other  things related  to going  from printing  to                                                               
electronic and from getting rid of  reports.  Also, he noted, the                                                               
setting   of  goal   percentages  could   differ  department   by                                                               
department.                                                                                                                     
                                                                                                                                
4:03:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STORY stated that this is  a great idea.  She said                                                               
she  likes  that   a  look  is  being  taken   at  documents  and                                                               
publications that  could be improved, consolidated,  or delivered                                                               
electronically.   She noted that  not everyone has access  to the                                                               
internet,  so  there are  times  when  documents  do need  to  be                                                               
produced and she is glad to see that in the bill.                                                                               
                                                                                                                                
REPRESENTATIVE KAUFMAN  responded that Version G  is the blending                                                               
of input received  on the bill as it was  presented while walking                                                               
the capitol.                                                                                                                    
                                                                                                                                
4:05:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  said it  makes sense to  have a  bill put                                                               
forward which deals  with publications that are  required by law.                                                               
He asked  whether a bill  is necessary for publications  that are                                                               
required  by regulation;  he  surmised  the administration  could                                                               
handle those without a bill.                                                                                                    
                                                                                                                                
REPRESENTATIVE  KAUFMAN  answered  that  the bill  is  trying  to                                                               
create  the feedback  loop that  doesn't  exist right  now.   The                                                               
intent is  that legislation  is required  and if  it can  be done                                                               
administratively,  then it  can just  be reported  that something                                                               
was reduced.   The  desire is  to create  the feedback  loop that                                                               
then can be  used to trigger legislation if required  but also as                                                               
a status  report of  publication.  He  qualified that  he doesn't                                                               
want  to  say reduction,  but  rather  rationalizing the  state's                                                               
publications against  what they need  to be or  what's beneficial                                                               
and the  delivery methods.  He  said he would welcome  changes to                                                               
the wording if necessary to make that clearer.                                                                                  
                                                                                                                                
4:06:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN drew  attention to the bill,  page 2, line                                                               
15,  regarding a  minimum percentage  of  publications that  each                                                               
state agency  is to identify as  needing work.  He  asked whether                                                               
it is the sponsor's intent that  the percentage cut apply to each                                                               
individual  agency  or  to all  agencies  collectively  combined,                                                               
given that some agencies may only have one or two publications.                                                                 
                                                                                                                                
REPRESENTATIVE KAUFMAN  replied that  the intent  is to  create a                                                               
custom  goal-setting  opportunity  for each  agency;  it  enables                                                               
administrative focus.  He explained the  goal could be zero if an                                                               
agency is so  lean that it is considered a  model for others; for                                                               
example,  an  agency  has aligned  its  document  production  and                                                               
delivery so well that it cannot find any waste.                                                                                 
                                                                                                                                
4:08:51 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS  commented that  a meta-affect would  be set                                                               
into motion  by the bill,  it would be an  ongoing administrative                                                               
process that is  aimed to reduce administrative  processes.  When                                                               
it first runs  its course, he continued,  the administration will                                                               
identify  things that  are  pointless and  should  be ended,  and                                                               
hopefully the legislature  will act on that and  about 90 percent                                                               
of the  value will be  realized.   He inquired about  the ongoing                                                               
frequency of  what is in  Section 1 and in  Section 2 on  page 2,                                                               
lines 14-15, given the biennial cycle.                                                                                          
                                                                                                                                
REPRESENTATIVE  KAUFMAN  responded  that   the  goal  of  quality                                                               
management is  the reduction  of wasted  time, effort,  and money                                                               
for  meeting  an  agency's  desired result,  and  to  not  exceed                                                               
expectations  and  to  not  underperform.    When  this  list  is                                                               
compiled, he explained,  it creates the awareness  and then there                                                               
is the  opportunity to declare that  some of it can  be reworked.                                                               
If improvement projects  are done successfully, it will  get to a                                                               
point of  diminishing returns,  which would  be reflected  in the                                                               
reports.                                                                                                                        
                                                                                                                                
4:12:28 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS asked  what value the language  in Section 2                                                               
adds beyond that which is  established in Section 1.  Presumably,                                                               
he continued, the agencies are  not going to identify anything in                                                               
addition to, or different from, what is identified in Section 1.                                                                
                                                                                                                                
REPRESENTATIVE KAUFMAN deferred to Mr. Harvey.                                                                                  
                                                                                                                                
MR. HARVEY answered  that initially the goal  setting would serve                                                               
for how to  get those broad chops;  then, as it goes  on and gets                                                               
into diminishing  returns, there  could be  creativity in  how to                                                               
combine  or better  provide  value with  some  of those  reports.                                                               
When it  gets to the point  where the returns diminish  such that                                                               
this itself  is excessive, OMB  has advised that this  could then                                                               
be highlighted as a report needing to be statutorily revised.                                                                   
                                                                                                                                
4:15:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAUFMAN pointed out that  it is not static because                                                               
two   legislative   bodies   are   producing   expectations   for                                                               
documentation, so the list is  everchanging with new inputs.  The                                                               
process  is built  the  way  it is,  he  explained,  to keep  the                                                               
managers  aware  and  on  their  toes  that  they  can  recommend                                                               
consolidations  or  recommendations.   He  noted  that the  terms                                                               
"reports" and  "publications" have  been used  interchangeably in                                                               
today's discussion, but that it  is publications, the greater set                                                               
of documents.                                                                                                                   
                                                                                                                                
CHAIR  KREISS-TOMKINS,  regarding a  report  that  is not  adding                                                               
value,  questioned  why   anyone  in  an  agency   would  not  be                                                               
recommending it  for deletion in Section  1.  In other  words, he                                                               
continued, the list in Section 1  would not be any different than                                                               
what is in Section 2.                                                                                                           
                                                                                                                                
REPRESENTATIVE KAUFMAN  offered to look  more closely at  this to                                                               
see if the bill could be made shorter.                                                                                          
                                                                                                                                
4:16:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR  said she  reads  Section  1 as  taking  the                                                               
information  from  Section  2  and   requiring  the  governor  to                                                               
introduce legislation that would list those things.                                                                             
                                                                                                                                
CHAIR  KREISS-TOMKINS agreed  that that  is right,  in part,  but                                                               
said Section  1 would still  read coherently without  the process                                                               
in Section 2, on page 2, line 9.                                                                                                
                                                                                                                                
REPRESENTATIVE KAUFMAN pointed  out that the goal  setting is not                                                               
included in Section  1, which is the ongoing  "let's keep working                                                               
this" where there  may be numerous publications  and managers can                                                               
have a stretch target to continue looking and improving.                                                                        
                                                                                                                                
CHAIR  KREISS-TOMKINS said  he understands  that part  but opined                                                               
that the agency  which should be measured for  performance is the                                                               
legislature.     He  stated  that  since   the  publications  are                                                               
statutorily required it is in  the legislature's hands to get rid                                                               
of the publications  that are recommended by the  agencies, so it                                                               
is the  legislature should  be held to  account relative  to that                                                               
recommendation.                                                                                                                 
                                                                                                                                
REPRESENTATIVE KAUFMAN  responded he  would be  happy to  come up                                                               
with a bill to that effect.                                                                                                     
                                                                                                                                
REPRESENTATIVE  EASTMAN remarked  that there  is a  mechanism for                                                               
making sure  this bill  gets heard once  it is  presented because                                                               
there is something  in the uniform rules  about committees acting                                                               
on all the bills that come before them.                                                                                         
                                                                                                                                
4:20:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  asked for  an estimate  on the  length of                                                               
time  it would  take to  compile the  list, given  the even  year                                                               
requirement.                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAUFMAN replied it  is variable because it depends                                                               
on the  length and complexity of  the list for each  agency.  The                                                               
list already  exists, the challenge  would be to do  the analysis                                                               
for  making  recommendations,  and  that would  depend  upon  the                                                               
agency's present  understanding of  the benefit of  the documents                                                               
it is producing.   It may be a challenge for  some agencies and a                                                               
very quick activity for others.                                                                                                 
                                                                                                                                
REPRESENTATIVE EASTMAN, regarding the  list that would be created                                                               
by HB 187, asked whether it  is the sponsor's intention that this                                                               
report would be  added to that list at some  point in the distant                                                               
future.                                                                                                                         
                                                                                                                                
MR. HARVEY answered that it likely  would.  He explained that OMB                                                               
would  act as  the  compiling body  through  the budget  process;                                                               
along with  asking for  draft budgets  from each  department, OMB                                                               
would also ask for this list.                                                                                                   
                                                                                                                                
4:23:09 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS offered his appreciation for the bill.                                                                     
                                                                                                                                
REPRESENTATIVE KAUFMAN  stated that  bills like  HB 187  are just                                                               
one slice  of many opportunities to  implement continuous quality                                                               
improvement.                                                                                                                    
                                                                                                                                
4:24:14 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS announced that HB 187 was held over.                                                                       
                                                                                                                                

Document Name Date/Time Subjects
HB 177 Research RPL History Summary.pdf HSTA 5/13/2021 3:00:00 PM
HB 177
SB 47 Letter of Support - Carrothers 5.11.21.pdf HSTA 5/13/2021 3:00:00 PM
SB 47
HB 118 Amendment B.7 - Kreiss-Tomkins and Vance.pdf HSTA 5/13/2021 3:00:00 PM
HB 118