Legislature(2009 - 2010)
04/08/2009 03:17 PM House FIN
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| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE FINANCE COMMITTEE
April 8, 2009
3:17 p.m.
3:17:35 PM
CALL TO ORDER
Co-Chair Hawker called the House Finance Committee meeting
to order at 3:17 p.m.
MEMBERS PRESENT
Representative Mike Hawker, Co-Chair
Representative Bill Stoltze, Co-Chair
Representative Bill Thomas Jr., Vice-Chair
Representative Allan Austerman
Representative Harry Crawford
Representative Anna Fairclough
Representative Richard Foster
Representative Les Gara
Representative Reggie Joule
Representative Mike Kelly
Representative Woodie Salmon
MEMBERS ABSENT
None.
ALSO PRESENT
PRESENT VIA TELECONFERENCE
Ronald Edward Brown, Anchorage
SUMMARY
^State Assessment Review Board Confirmation:
Ronald Edward Brown
HB 85 "An Act extending the termination date of the
State Board of Registration for Architects,
Engineers, and Land Surveyors; and providing for
an effective date."
HB 123 "An Act extending the termination date of the
Statewide Suicide Prevention Council; and
providing for an effective date."
3:17:44 PM
Co-Chair Hawker introduced Ronald Edward Brown, and
explained the delay in Mr. Brown's confirmation hearing.
RONALD EDWARD BROWN explained the job description for the
chairman of the State Assessment Review Board (SARB). He
listed his qualifications for the position on the board.
3:20:16 PM
Co-Chair Hawker asked whether being on the board would
conflict with his being employed by the state. Mr. Brown
replied in the negative. He added that the current chairman
of the committee is employed as a state assessor.
Co-Chair Hawker invited public testimony. There being none,
public testimony was closed.
3:21:20 PM
Representative Gara asked how if the assessed value of the
pipeline could be used to inform how much revenue the state
can expect from the gas pipeline annually. Mr. Brown replied
that the land assessments are performed by the state oil and
gas assessor and not the review board. Representative Gara
wondered what the pipeline land assessments mean financially
to the state. Mr. Brown replied that did not have the
numbers but felt that they would be very substantial.
3:24:10 PM
Co-Chair Hawker wondered if Representative Gara questions
were meant to probe Mr. Brown's qualifications for the job
of chairman of the State Assessment Review Board (SARB).
Representative Gara related that the gas pipeline issue is
of great interest to the state. He stressed that deciding
the validity of the assessments on a major piece of
infrastructure, like the gas pipeline, is a significant
responsibility.
3:25:03 PM
Mr. Brown reiterated that SARB does not perform the direct
evaluation of the gas pipeline property. He clarified that
the board listens to the merits of the cases presented by
property owners and the state oil and gas assessor, and
works as an equalizing board between the parties.
3:26:11 PM
Co-Chair Hawker asked if Mr. Brown held a bias toward or
against the Oil and Gas industry and the evaluation of the
Trans Alaska Pipeline System (TAPS). Mr. Brown replied no.
Representative Gara asked if Mr. Brown had an opinion on the
current pipeline assessment. Mr. Brown replied that, as a
new member, he did not have enough information on which to
base a position. Representative Gara questioned why Mr.
Brown was interested in the job of SARB chairman.
3:27:51 PM
Mr. Brown replied that he has had 18 years of experience as
an assessor for the state. He felt that successful work with
the pipeline project could be a positive stepping stone in
his career.
3:28:31 PM
Representative Fairclough gave a positive assessment of Mr.
Brown's professional character.
3:29:40 PM
Representative Austerman wondered about the frequency of
property tax assessments on the state level. Mr. Brown
replied that assessments on the state level are done
annually.
3:30:44 PM
Representative Kelly asked if the assessments on the state
level could be appealed in a higher court. Mr. Brown said
yes.
3:31:49 PM
Co-Chair Hawker MOTIONED that the application be MOVED to
joint session for final confirmation.
Representative Foster MOVED to REPORT the application out of
committee.
3:32:27 PM
Representative Gara objected. He shared that he believed
that Mr. Brown had the public's best interests at heart. He
withdrew his objection. There being no further objection Mr.
Brown's name was forwarded to the joint session of the
legislature.
HOUSE BILL NO. 123
"An Act extending the termination date of the Statewide
Suicide Prevention Council; and providing for an
effective date."
Representative Fairclough informed the committee that from
September 1, 2003 to August 31, 2006, 426 Alaskans committed
suicide. She detailed the list of cases by age, gender,
location and weather alcohol was involved. She relayed that
the suicide rate in Alaska is very high.
3:36:36 PM
CRYSTAL KOENEMAN, STAFF TO REPRESENTATIVE FAIRCLOUGH, told
the history of the Statewide Suicide Prevention Council. The
council was designed to be reviewed every four years, and
was last re-authorized in 2005. The bill requests that the
council be extended for another four years. The Legislative
Budget and Audit Committee (LB&A) put out a sunset review
report in 2008 which examined how the council is functioning
and presented recommendations. One of the recommendations to
the legislature was to modify the composition of the council
membership. The council met and made the modifications which
have been incorporated into the bill.
3:37:29 PM
Co-Chair Hawker clarified that the membership changes that
were made are changes that originated within the council,
and enjoy council support. Ms. Koeneman replied in the
affirmative.
3:37:46 PM
Ms. Koeneman detailed the changes to the council that are
requested in the bill. She sketched the challenges the
council has faced that have lead to the changes.
3:39:51 PM
Representative Gara stated that in his experience, members
of the minority have not been regularly appointed to
councils. He wondered why the protection to appoint members
of the minority was being taken out of the bill.
Representative Fairclough informed the committee that two
minority members from the house currently serve on the
board. She clarified that the language had been changed in
order to allow minority and majority members to choose to
serve on the council, not because they were appointed, but
because they have a desire to serve.
Co-Chair Hawker pointed out that the current appointments to
the council are contrary to the law, a majority member does
not enjoy a position on the council.
3:41:24 PM
Representative Gara maintained that appointments of minority
members to committees were rare, unless it was required. He
granted that the issue of suicide transcends party lines,
but felt that the language protecting minority appointments
should be left in.
3:42:31 PM
Representative Fairclough communicated that the issue was
time sensitive.
3:43:07 PM
Ms. Koeneman relayed that the language in the bill had been
changed in the House State Affairs Committee by
Representative Grunenburg. He made the change because he
thought the protection for the minority was unnecessary. Ms.
Koeneman maintained that the changes had been made in order
to allow those who wish to serve on the board the ability to
do so, regardless of political affiliation.
3:44:03 PM
Representative Foster referred to page 8 of the Department
of Health and Social Services (DHSS) Statewide Suicide
Prevention Council Sunset Review, prepared by the Division
of Legislative Audit (copy on file). He wondered why the
overall attendance rate for council meetings was only 15
percent. He expressed concern that the seat representing
rural communities has been vacant for four years. He stated
that Northwest Alaska has the highest suicide rates
statewide.
3:45:33 PM
PAT DAVIDSON, LEGISLATIVE AUDITOR, LEGISLATIVE AUDIT
DIVISION, LEGISLATIVE AFFAIRS AGENCY, explained that making
the appointments in a timely manner and broadening the
requirements for board positions will help to ensure that
the board is comprised of willing and effectual members.
3:46:33 PM
Co-Chair Hawker recalled a past committee meeting with LB&A
in which a senate appointee to the council had been unaware
of the appointment. He felt that Representative Foster's
concerns were valid.
3:47:46 PM
Representative Foster restated his frustration with the low
numbers for meeting attendance. He felt that if the
committee members were not attending the meetings that they
should be removed and replaced.
Representative Joule shared that he had been appointed to
the board and had missed meetings. He said that he had asked
to be replaced on the board. He pointed out the interim time
between sessions can be a busy time for legislators. This
makes it difficult to attend meetings. He felt the council
had a better chance for success under the membership changes
in the bill.
3:49:36 PM
Vice-Chair Thomas wondered if funding was part of the
problem with meeting attendance. Ms. Davidson replied that
funding availability had not affected attendance. She
continued with the overview of the audit results. The
recommendation for the four year extension stems from
operational concerns with regard to the council board and
not the council's overall mission. She notified the
committee that in the past 4 years the council has been
realigned with the Division of Behavioral Health. The
realignment is a new development, and it is unknown if the
relationship will be successful. She said that the council
should retain its independence. She detailed some of the
challenges the council has faced in joining with the
division. She explained that the 4 year extension will allow
any problems to be thoroughly examined to ensure that the
council's mission is carried out.
3:53:09 PM
Co-Chair Hawker opened public testimony.
3:53:52 PM
SAM TRIVETTE, JUNEAU, told a personal story about the
suicide of his son, Pete Trivette. He stated that in the
same year his son committed suicide, 7 other people did the
same. He shared that recently the school district has added
a component in the curriculum that educates students on the
basic issues regarding depression and suicide. He said the
program has been supported by the council. He felt that the
council has been effective in lowering suicide rates
throughout the state. He presented an advertisement created
in combination between the council and The Alaska Mental
Health Trust Authority (copy on file). He urged the
committee to extend the council for the next 4 years.
3:56:53 PM
Co-Chair Hawker thanked him for his testimony and offered
his condolences.
3:57:36 PM
Co-Chair Hawker closed public testimony.
Representative Foster stated that the rural areas of Alaska
make up 10 or 15 house districts and should be better
represented on the council. [NOTE: Further discussion on
this issue occurred at the end of the April 9, 2009
meeting.] Representative Gara wondered why the rural
position had not been filled for four years. He felt that in
the future a representative from the board should present
recommendations to the committee.
3:59:59 PM
Co-Chair Hawker highlighted earlier concerns with regard to
timely appointments to the council. Ms. Davidson stated that
filling the positions has been difficult.
Representative Foster suggested that a recommendation be
made to the bush caucus.
4:01:49 PM
Representative Salmon shared his regret for having been an
inactive member of the council. He gave that the meetings he
had attended were not productive. He relayed that there is a
lack of professional help in rural Alaska for depression and
suicide prevention. He shared that in most cases the
suicidal person is institutionalized.
4:03:57 PM
Co-Chair Hawker felt that the entire spectrum of boards and
commissions within DHSS are dysfunctional. He recommended
that all the boards and commissions at the department should
be reviewed.
4:05:34 PM
Co-Chair Stoltze shared his personal experience on the
council. He felt that the problem was too large to look at
individual failings of the system. He asserted that the
mission of the council should reach rural areas. He
expressed understanding and compassion for the suicide
problem in rural Alaska. He shared that in the past it has
been difficult to find people interested in serving on DHSS
boards and commissions.
4:07:50 PM
Representative Foster pointed out that, statistically, Nome
has the highest suicide rate in the nation. The Wade-Hampton
District follows Nome on the list, and is the poorest
district in the state. He reiterated the importance that a
representative from rural Alaska be appointed to the council
soon.
4:09:01 PM
Representative Austerman wondered if it was wise to grant a
4 year extension to a dysfunctional council. He suggested a
1 year extension in order evaluate the effectiveness of the
council.
4:10:27 PM
Ms. Davidson stated that the intent of the audit was to
allow the council to demonstrate its public purpose. She
expressed that the council unto itself cannot stop suicide
in the state, but the council could have a role in helping
to decrease suicide numbers. She highlighted that the
statutory mission of the council is to act in an advisory
capacity to the legislature and the governor. She detailed
several successful programs initiated by the council in
communities throughout the state. She felt that a balance
between the expectations placed on the council and the
council's mission statement could be met within the next 4
years.
4:14:29 PM
Representative Austerman understood that suicide in Alaska
is an epidemic. He wondered why the committee had not heard
from the council during the session.
4:15:31 PM
Representative Gara stated that one of the problems with
many of the councils is that they are under the charge of
the executive branch. He felt that because of this some
issues do not make it before the legislature. He expressed
that the councils should report directly to the legislature.
He alleged that in many administrations, budget guidelines
can hinder the creation and maintenance of important
councils.
4:17:10 PM
Representative Kelly commented that it does not make sense
for the state to continue funding a dysfunctional council.
He felt that the council should be composed of people who
have been directly affected by the issue. He thought that
this was an example of the government attempting to do
something that it cannot do. He stressed that if he does not
see improvement in the performance of the council over the
next 4 years, he will not support it when it comes before
the legislature again.
4:19:40 PM
Representative Joule told of his experience of chairing a
budget subcommittee that included this component. He
stressed that because of time constraints, some requests had
not been addressed. He thought that some of the work should
carry on into the interim.
4:21:29 PM
Representative Joule explained that he had requested to be
replaced on the council. He felt the recommendation of the
short sunset extension was prudent. He commended on the work
that had gone into drafting the bill. He felt that
Representative Gara's concerns were valid. He urged the
legislature to recommend frequent, direct contact with the
council.
4:24:01 PM
Representative Salmon felt that the council should report
annually to the legislative committees in both houses. Co-
Chair Stoltze pointed out that it could be requested that
the council hold a meeting in Juneau in order to meet with
legislators. Representative Salmon wondered if it could be
written into the bill that the council report annually to
the legislature.
4:25:29 PM
Representative Fairclough stated that it is already in
statute that the council report annually to the committee.
st
The report is written and provided on March 1.
Representative Salmon countered that legislators receive
copious amounts of paperwork that is mostly overlooked. He
suggested that spoken testimony would be more effective.
4:26:37 PM
Representative Austerman recommended a possible amendment to
the bill. He suggested that if one year is not enough time
for the council to markedly improve its functionality, a two
year plan should be suggested.
4:27:52 PM
Representative Foster maintained support for the bill. He
reiterated his desire that a representative from rural
Alaska be appointed to the council soon.
4:28:29 PM
Vice-Chair Thomas stressed the magnitude of the council's
mission. He expressed concern for the mental health of
soldiers returning to Alaska. He felt that this was an
opportunity for the committee to present itself as a
compassionate entity, concerned for the lives of Alaskans.
He warned that the issue must be addressed immediately
before more lives are lost.
4:31:27 PM
Representative Crawford asked for clarification on the 2
year plan suggested by Representative Austerman. He
expressed discomfort setting the sunset in two years. He
thought that the council should be invited as soon as
possible before the committee to present a plan of action.
4:32:35 PM
Representative Austerman remarked that pressuring the
council for timely results might be a more effective
incentive for improvement than extending the sunset date.
4:33:35 PM
Representative Crawford voiced that a plan of action is
different than a progress report. He shared that he had
never seen the written report. He wanted to hear a plan of
action presented before the committee that will detail how a
difference will be made.
4:34:31 PM
Representative Fairclough felt that the council was
dysfunctional because members consistently failed to honor
their commitment to the council. She pointed out that there
were 4 members of the council that rarely attended meetings,
making a quorum impossible. Without a quorum the council has
been unable to conduct business at every meeting it has held
in the last 4 years. She felt that the problem had been
caused by the legislative council members missing meetings
and that the council was being unfairly penalized. She
expressed respect for the legislature and understood that
because of busy schedules sometimes meetings are missed. She
emphasized that the bill rectifies the problem by
eliminating 4 voting member positions, which improves the
likelihood of a quorum. She offered to coordinate a meeting
between the council and the committee to discuss the issues.
She relayed that the constraint of a two year sunset date
would have a negative effect by forcing the council to focus
on reauthorization and not the issue of suicide in the
state.
4:37:14 PM
Representative Fairclough advised that the committee should
extend the council the 4 year sunset date. She divulged that
she herself had not seen the council's written report. She
felt a follow-up would be beneficial. She shared that he
council website is functioning and is available to Alaskans
as a resource. She reported that she had recommended a
member of the Alaska Native Medical Center to the council,
but admitted that she had not followed up to see if the
person had been appointed. She said that a letter could be
written to the governor to follow up on appointments before
the next legislative session. She informed the committee
that expanding the definition of the word "rural" in the
language of the bill helps with finding appointees to
represent bush Alaska. She likened the struggles facing the
Council on Suicide Prevention with her experience on the
Council on Domestic Violence and Sexual Assault. She
reiterated her concern that focusing on reauthorization
could overshadow the council's mission.
4:41:12 PM
Representative Gara voiced support for changing the number
of voting members on the board in order to meet the
requirements for a quorum. He said that he would be willing
to help draft language in the bill that would invite members
from the council to voluntarily give a progress report
before the committee each year.
Co-Chair Stoltze believed that it was imperative that the
council be invited before the committee during the next
legislative session.
4:41:58 PM
Representative Foster stated that his staff would help to
fill the vacant rural council member seat. He felt that it
is the job of the legislature to assist the council. He
wondered if the president of the council could present a
report during the next legislative session.
4:43:27 PM
Representative Fairclough maintained that she would
facilitate a conversation between the council and the
legislature.
4:44:22 PM
Vice-Chair Thomas wondered why there is a sunset clause for
a council on suicide prevention. Co-Chair Stoltze pointed
out that all boards not mentioned in the constitution have
sunset clauses. Co-Chair Hawker felt that the sunset clause
reevaluation of the council is important in order to examine
the functionality of the council on a semi-regular basis.
4:46:26 PM
Representative Kelly challenged the council to examine the
causes of suicide in the state in order to determine what
action to take toward prevention. He pointed out that men
are four times more likely to commit suicide than women. He
perceived that young men in rural areas, without employment
or meaningful work, are lacking a strong sense of self
worth, which compounds the issue. He felt that roads are
needed in order to boost the economy in rural areas. He
hoped that the council was looking at the macro-issues. He
detailed the roads that could be built in order to improve
accessibility in and out of rural areas. He hoped that the
council would prove to be more proactive in suicide
prevention throughout the state if the four year extension
were granted.
4:50:22 PM
Representative Foster thanked Sam Trivette for presenting to
the committee. He nominated Gayle Trivette to the council.
4:51:50 PM
Representative Gara MOVED amendment 1. Co-Chair Stoltze
OBJECTED. The amendment changes the language to give the
minority leader in both houses the option of suggesting a
member to the council. If there is no interest from the
minority, two members will be appointed from the majority.
4:52:42 PM
Representative Fairclough expressed her neutrality
concerning the language change. She hoped to hear the
opinions of other committee members. She expressed her
desire to move the bill out of committee quickly so that the
council did not go into lapse.
4:53:24 PM
Co-Chair Stoltze stated that there should be not partisan
edge on the issue of suicide.
4:54:01 PM
Representative Crawford voiced his support for the amendment
but maintained that the minority should always be
represented.
Co-Chair Stoltze WITHDREW his OBJECTION.
4:54:50 PM
Vice-Chair Thomas wondered if language could be written into
the bill to allow a designated substitute to fill a council
member's chair, if the member could not make a meeting.
4:56:00 PM
Representative Fairclough responded that educating subbed in
members in order to maintain the continuity and
understanding of board issues would be a challenge. She
reasoned that a stable and reliable board, comprised of
members committed to the issue of suicide prevention, would
be ideal.
Co-Chair Stoltze pointed out the two fiscal notes, which
illustrate no new spending or increases.
4:57:58 PM
Co-Chair Stoltze emphasized that the committee was committed
to helping to create a highly functional suicide prevention
council.
4:58:50 PM
Representative Fairclough stated for the record that a
senator in charge of education on the Health and Social
Services Committee had brought the sunset clause to her
attention. She and her staff are attempting to assist the
senator by getting the bill to the floor quickly.
4:59:53 PM
Representative Austerman detailed the ways in which the
current council is dysfunctional. He relayed his support for
the bill and hoped that it would lead to the successful
restructuring of the board. He warned that a future report
from the council might not meet the committee's
expectations.
5:01:05 PM
Co-Chair Stoltze stated that the council is subject to
annual review, sunset date notwithstanding.
Representative Fairclough thought that it would be in the
committee's best interest to invite the council to present
during the next legislative session. She requested the help
from the committee with her effort to coordinate a
successful meeting between the two entities.
5:02:11 PM
Co-Chair Hawker MOVED CSHB 123, amended, from committee with
attached fiscal notes and the individual recommendations of
the committee. There being no OBJECTION the bill was PASSED
OUT of committee.
5:02:45 PM
ADJOURNMENT
The meeting was adjourned at 5:02 PM
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