Legislature(1993 - 1994)
03/19/1994 08:00 AM House STA
| Audio | Topic |
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE STATE AFFAIRS STANDING COMMITTEE
March 19, 1994
8:00 a.m.
MEMBERS PRESENT
Representative Al Vezey, Chairman
Representative Gary Davis
Representative Harley Olberg
Representative Jerry Sanders
Representative Fran Ulmer
MEMBERS ABSENT
Representative Pete Kott, Vice Chairman
Representative Bettye Davis
COMMITTEE CALENDAR
FRED DYSON Confirmation to the State Human Rights
Commission
MOVED OUT OF COMMITTEE FOR JOINT SESSION
CONSIDERATION
DAVID H. CALL Confirmation to the Personnel Board
MOVED OUT OF COMMITTEE FOR JOINT SESSION
CONSIDERATION
JULIE BENSON Confirmation to the Public Offices
Commission
MOVED OUT OF COMMITTEE FOR JOINT SESSION
CONSIDERATION
MERLE JANTZ Confirmation to the State Board of
Registration for Architects, Engineers
and Land Surveyors.
MOVED OUT OF COMMITTEE FOR JOINT SESSION
CONSIDERATION
MICHAEL TAURIAINEN Confirmation to the State Board of
Registration for Architects, Engineers
and Land Surveyors.
MOVED OUT OF COMMITTEE FOR JOINT SESSION
CONSIDERATION
SB 135: "An Act making a special appropriation
to the Department of Transportation and
Public Facilities to determine the cost
of acquiring real property within the
right-of-way of the proposed extension
of the Alaska Railroad from Eielson Air
Force Base to the Alaska-Canada border;
and providing for an effective date."
PASSED FROM COMMITTEE
HB 347: "An Act relating to long-term plans of
certain state agencies and
recommendations regarding elimination of
duplication in state agency functions."
PASSED FROM COMMITTEE AS CSHB 347(HSTA)
*HB 389: "An Act relating to criminal mischief."
HELD IN COMMITTEE
WITNESS REGISTER
FRED J. DYSON
1223 Lugene Lane
Eagle River, AK 99577
Phone: 694-3744
POSITION STATEMENT: Gave background information
DAVID H. CALL
711 Gaffney Rd.
Fairbanks, AK 99701
Phone: 452-2211
POSITION STATEMENT: Gave background information
JULIE BENSON
P.O. Box 75296
Fairbanks, AK 99707
Phone: 479-7655
POSITION STATEMENT: Gave background information
MERLE JANTZ
1077 Vincent Ct.
North Pole, AK 99705
Phone: 451-9353
POSITION STATEMENT: Gave background information
MICHAEL J. TAURIAINEN
Box 937
Soldotna, AK 99669
Phone: 262-4489
POSITION STATEMENT: Gave background information
DIANE JENKINS
P.O. Box 149
Tok, AK 99780
Phone: 883-5887
POSITION STATEMENT: Inquired about HB 347
TERESA SAGER-STANCLIFF, Staff
Senator Mike Miller
Alaska State Capitol, Room 423
Juneau, AK 99811-0460
Phone: 465-4976
POSITION STATEMENT: Addressed CSSB 135 for Senator Mike
Miller, Sponsor
REPRESENTATIVE SEAN PARNELL
Alaska State Legislature
Alaska State Capitol, Room 513
Juneau, AK 99811-0460
Phone: 465-2995
POSITION STATEMENT: Prime sponsor of HB 347
JACK FARGNOLI, Senior Policy Analyst
Director's Office
Office of Management and Budget
P.O. Box 110020
Juneau, AK 99811-0020
Phone: 465-3568
POSITION STATEMENT: Supported HB 347
DENNIS POSHARD, Staff
Representative Jim Nordlund
Alaska State Capitol, Room 426
Juneau, AK 99811-0460
Phone: 465-4968
POSITION STATEMENT: Addressed HB 389 for Representative
Nordlund, Sponsor
PREVIOUS ACTION
BILL: SB 135
SHORT TITLE: APPRO: AK RAILROAD EXTENSION STUDY SENATOR(S)
SPONSOR(S):MILLER,Sharp,Frank,Phillips; REPRESENTATIVE(S)
James
JRN-DATE JRN-PG ACTION
02/26/93 504 (S) READ THE FIRST TIME/REFERRAL(S)
02/26/93 504 (S) TRANSPORTATION, FINANCE
03/16/93 (S) TRA AT 03:30 PM BELTZ ROOM 211
03/16/93 (S) MINUTE(TRA)
03/18/93 846 (S) TRA RPT 4DP 1NR
03/18/93 846 (S) FISCAL NOTE (DOT)
04/15/93 (S) FIN AT 06:45 PM SENATE FIN 518
01/24/94 2580 (S) FIN RPT CS 4DP 1NR SAME TITLE
01/24/94 (S) FIN AT 09:00 AM SENATE FIN 518
01/24/94 (S) MINUTE(FIN)
01/26/94 (S) RLS AT 11:30 AM FAHRENKAMP
ROOM 203
01/26/94 (S) MINUTE(RLS)
01/28/94 2615 (S) RULES RPT 1 CAL 2 CAL/NR
01/28/94 2623 (S) READ THE SECOND TIME
01/28/94 2623 (S) FIN CS ADOPTED UNAN CONSENT
01/28/94 2623 (S) ADVANCED TO THIRD READING
UNAN CONSENT
01/28/94 2623 (S) READ THE THIRD TIME
CSSB 135(FIN)
01/28/94 2623 (S) PASSED Y13 N3 E4
01/28/94 2624 (S) EFFECTIVE DATE PASSED
Y16 N- E4
01/28/94 2624 (S) Adams NOTICE OF
RECONSIDERATION
02/01/94 2643 (S) RECONSIDERATION NOT TAKEN UP
02/01/94 2643 (S) TRANSMITTED TO (H)
02/02/94 2213 (H) READ THE FIRST TIME/REFERRAL(S)
02/02/94 2213 (H) TRANSPORTATION, STATE AFFAIRS,
FINANCE
02/28/94 2557 (H) TRA REFERRAL WAIVED
02/28/94 2558 (H) CROSS SPONSOR(S): JAMES
03/12/94 (H) MINUTE(ECO)
03/19/94 (H) STA AT 08:00 AM CAPITOL 102
BILL: HB 347
SHORT TITLE: STATE LONG-TERM PLANNING
SPONSOR(S): REPRESENTATIVE(S)PARNELL,Hanley,Therriault,
B.Davis,James
JRN-DATE JRN-PG ACTION
01/07/94 2018 (H) PREFILE RELEASED
01/10/94 2018 (H) READ THE FIRST TIME/REFERRAL(S)
01/10/94 2019 (H) STATE AFFAIRS, FINANCE
01/12/94 2043 (H) COSPONSOR(S): THERRIAULT
01/13/94 2056 (H) COSPONSOR(S): B. DAVIS
01/14/94 2084 (H) COSPONSOR(S): JAMES
03/08/94 (H) STA AT 08:00 AM CAPITOL 102
03/08/94 (H) MINUTE(STA)
03/10/94 (H) STA AT 08:00 AM CAPITOL 102
03/10/94 (H) MINUTE(STA)
03/19/94 (H) STA AT 08:00 AM CAPITOL 102
BILL: HB 389
SHORT TITLE: INCREASED PENALTIES FOR JOY RIDING
SPONSOR(S): REPRESENTATIVE(S) NORDLUND,Finkelstein
JRN-DATE JRN-PG ACTION
01/21/94 2124 (H) READ THE FIRST TIME/REFERRAL(S)
01/21/94 2124 (H) STATE AFFAIRS,JUDICIARY,FINANCE
03/10/94 (H) STA AT 08:00 AM CAPITOL 102
03/10/94 (H) MINUTE(STA)
03/19/94 (H) STA AT 08:00 AM CAPITOL 102
ACTION NARRATIVE
TAPE 94-34, SIDE A
Number 000
CHAIRMAN AL VEZEY called the meeting to order at 8:02 a.m.
Members present were REPRESENTATIVES SANDERS, OLBERG and
ULMER.
FRED DYSON - CONFIRMATION HEARING TO THE STATE HUMAN RIGHTS
COMMISSION
CHAIRMAN VEZEY moved to the Eagle River offnet
teleconference site and opened discussion on the
confirmation of FRED DYSON to the State Human Rights
Commission.
Number 032
FRED DYSON introduced himself.
(REPRESENTATIVE G. DAVIS joined the meeting at 8:03 a.m. A
quorum was present.)
MR. DYSON stated he has always been against discrimination.
The Human Rights Commission deals mostly with discrimination
housing and employment. He stated he has been in Alaska
since 1964, living mostly in Anchorage and in Fairbanks for
three years. He has three children and works in commercial
fish. He worked in the oil industry for 13 years and has
been in business for himself for the last 10 years. He
served on the Anchorage Assembly for six years and has been
involved with other various community projects.
REPRESENTATIVE GARY DAVIS moved that the committee has
reviewed the qualifications of FRED DYSON and recommends the
appointment be forwarded to a joint session for
consideration.
CHAIRMAN VEZEY asked the committee secretary to call the
roll.
IN FAVOR: REPRESENTATIVES VEZEY, ULMER, G. DAVIS,
SANDERS, OLBERG.
ABSENT: REPRESENTATIVES KOTT, B. DAVIS
MOTION PASSED
DAVID H. CALL - CONFIRMATION HEARING TO THE PERSONNEL BOARD
CHAIRMAN VEZEY moved to the Fairbanks teleconference site.
He opened discussion on the confirmation of DAVID H. CALL to
the Personnel Board.
Number 150
DAVID H. CALL introduced himself.
Number 160
REPRESENTATIVE FRAN ULMER asked if MR. CALL had requested
appointment to the Personnel Board.
MR. CALL answered yes.
Number 171
REPRESENTATIVE ULMER inquired why he wanted to serve on the
Personnel Board.
MR. CALL responded he wanted to engage in public service and
the Personnel Board had the ability to do things of
importance. The board was not a figurehead group. He
stated he has actually served the board for about a year and
he had the training to be a useful member.
Number 202
REPRESENTATIVE HARLEY OLBERG moved that the committee had
reviewed the qualifications of DAVID H. CALL and recommends
the appointment be forwarded to a joint session for
consideration.
Number 204
CHAIRMAN VEZEY asked the committee secretary to call the
roll.
IN FAVOR: REPRESENTATIVES VEZEY, ULMER, G. DAVIS,
SANDERS, OLBERG.
ABSENT: REPRESENTATIVES KOTT, B. DAVIS
MOTION PASSED
JULIE BENSON - CONFIRMATION HEARING TO THE PUBLIC OFFICES
COMMISSION
CHAIRMAN VEZEY opened discussion on the confirmation of
JULIE BENSON to the Public Offices Commission.
Number 243
JULIE BENSON, from Fairbanks teleconference site, introduced
herself.
Number 247
REPRESENTATIVE ULMER asked if MS. BENSON had ever worked on
any campaigns.
MS. BENSON stated she had not.
Number 250
REPRESENTATIVE ULMER asked if MS. BENSON was familiar with
the Alaska Public Offices Commission (APOC) laws.
MS. BENSON said she was.
Number 253
REPRESENTATIVE ULMER commented that APOC laws were extremely
complicated and would take a lot of time to understand them.
She asked if MS. BENSON was currently employed.
MS. BENSON replied she was not.
Number 256
REPRESENTATIVE ULMER asked if MS. BENSON could be a full-
time volunteer and if she had already been serving the APOC.
MS. BENSON responded yes she would serve as a full-time
volunteer and she has been serving the APOC since April
1993.
Number 260
REPRESENTATIVE ULMER asked if MS. BENSON had any opinions on
how the APOC ought to be changed.
Number 264
MS. BENSON answered that APOC just needs more money.
Number 270
REPRESENTATIVE ULMER inquired if the APOC needed more money
because they do not have adequate staff to do the job.
Number 274
MS. BENSON affirmed REPRESENTATIVE ULMER. She stated they
need a "xerox clerk" because, as it is now, staff has to
stop whatever they are doing to do the xeroxing. The public
does not have instant access to information because they
have to wait for a staff person to become available to do
the xeroxing. She stated they have been trying to obtain
extra funds to hire a person for this job.
Number 285
CHAIRMAN VEZEY questioned if MS. BENSON had sat in on an
APOC meeting yet and who she would be replacing on the
commission.
MS. BENSON answered she had sat in on a meeting and she
would be replacing Winston Burbank.
Number 291
REPRESENTATIVE G. DAVIS moved that the committee had
reviewed the qualifications of JULIE BENSON and recommends
that the appointment be forwarded to a joint session.
Number 295
CHAIRMAN VEZEY asked the committee secretary to call the
roll.
IN FAVOR: REPRESENTATIVES VEZEY, ULMER, G. DAVIS,
SANDERS, OLBERG.
ABSENT: REPRESENTATIVES KOTT, B. DAVIS
MOTION PASSED
MERLE JANTZ - CONFIRMATION HEARING TO THE STATE BOARD OF
REGISTRATION FOR ARCHITECTS, ENGINEERS AND LAND SURVEYORS.
CHAIRMAN VEZEY opened discussion on the confirmation of
MERLE JANTZ to the State Board of Registration for
Architects, Engineers and Land Surveyors.
Number 311
MERLE JANTZ introduced himself. He stated he appreciated
the opportunity to continue his public service in working
with the Architects, Engineers and Land Surveyors Board.
Number 319
REPRESENTATIVE G. DAVIS referred to the testing moneys for
physical education exams that were "tied up," and asked if
they were straightened out now.
MR. JANTZ answered they were informed the money situation
had been resolved during their February 14-15 meeting in
Anchorage.
Number 329
CHAIRMAN VEZEY inquired how MR. JANTZ planned on finding
time to do the extra work.
Number 331
MR. JANTZ responded the board is a commitment. He has been
on the board since July 1993 and he appropriates his time
for other projects wisely with evening and long distance
work. He often works early in the morning and weekends to
spend the time he needs to with the board.
Number 341
CHAIRMAN VEZEY stated he appreciated his commitment. He
moved that the committee has reviewed the qualifications of
MERLE JANTZ and recommends that the appointment be forwarded
to a joint session for consideration. He asked the
committee secretary to call the roll.
IN FAVOR: REPRESENTATIVES VEZEY, ULMER, G. DAVIS,
SANDERS, OLBERG.
ABSENT: REPRESENTATIVES KOTT, B. DAVIS.
MOTION PASSED
MICHAEL J. TAURIAINEN - CONFIRMATION HEARING TO THE STATE
BOARD FOR ARCHITECTS, ENGINEERS AND LAND SURVEYORS
CHAIRMAN VEZEY opened discussion on the confirmation of
MICHAEL J. TAURIAINEN to the State Board for Architects,
Engineers and Land Surveyors.
Number 358
MICHAEL TAURIAINEN introduced himself. He stated with this
confirmation, it would be his second term on the board. He
has been serving the board for four years and has been a
registered civil engineer in Alaska since 1974.
Number 366
REPRESENTATIVE ULMER inquired of how well the board is
working. Is the statute structured appropriately to keep
their responsibilities reasonable in time commitment. Did
they have adequate resources for their job specification.
Number 372
MR. TAURIAINEN answered the time commitment is significant,
but not overwhelming. Their board examiner is overwhelmed,
however, with the number of applicants they have and is too
busy doing other duties to help her. He stated they a
reallocation of dollars to help her do her work.
Number 389
REPRESENTATIVE ULMER asked if the board was one which
generates through fees, sufficient program receipts to not
only hire a person to work for them, but also additional
staff if the legislature grants that ability.
Number 391
MR. TAURIAINEN responded the board believes it is. He
stated the board has discussed restructuring itself to be
either independent or quasi-independent of the state. He
noted changes in both the Oregon and Delaware boards.
Number 400
REPRESENTATIVE ULMER inquired if the board was actively
considering "taking one step away from the state," in order
to have the fees adequately cover the work to be done.
Number 403
MR. TAURIAINEN answered the board is not actively
considering it, but it remains on their agenda to consider
it further.
Number 413
REPRESENTATIVE G. DAVIS commented he has known MR.
TAURIAINEN for several years and he has worked for him and
with him in the past. He noted when the board had its
reception in Juneau it was quite professional.
REPRESENTATIVE G. DAVIS moved that the committee had
reviewed the qualifications of MICHAEL J. TAURIAINEN and
recommends that the appointment be forwarded to a joint
session for consideration.
Number 426
CHAIRMAN VEZEY asked the committee secretary to call the
roll.
IN FAVOR: REPRESENTATIVES VEZEY, ULMER, G. DAVIS,
SANDERS, OLBERG.
ABSENT: REPRESENTATIVES KOTT, B. DAVIS.
MOTION PASSED
SB 135 - APPROPRIATION FOR THE ALASKA RAILROAD EXTENSION
STUDY
CHAIRMAN VEZEY opened CSSB 135, sponsored by SENATOR MIKE
MILLER, for discussion. Seeing no one present from the
sponsor's office, he moved to the Tok teleconference site
for testimony.
DIANE JENKINS, MEMBER BOARD OF DIRECTORS, TOK CHAMBER OF
COMMERCE, asked questions about CSSB 135. She stated Tok
did have an interest in CSSB 135. She asked if the studies
that had been done several years ago were being reactivated.
CHAIRMAN VEZEY answered no, CSSB 135 only provides a small
appropriation to the Department of Transportation and Public
Facilities, to reevaluate the cost of acquiring the right-
of-ways that have already been identified. He noted the
study had not been updated in 20-25 years.
Number 472
MS. JENKINS asked if there was any chance the old pipeline
corridor or canal would be used.
CHAIRMAN VEZEY stated the study was not before him and CSSB
135 was merely an appropriation bill to evaluate the right-
of-way. He did not believe the right-of-way in CSSB 135 was
the same as the canal right-of-way.
Number 483
REPRESENTATIVE ULMER noted the committee did have access to
the right-of-way information if Tok would like to see it.
She mentioned the two listed in her packet entitled "The
Alaska Railroad Extension Route Selection Report," from 1979
and a follow up report which includes an environmental
assessment of the route, from 1982. She stated the title
work done on the report was $66,000.
MS. JENKINS responded they would like a copy.
Number 495
CHAIRMAN VEZEY returned to Juneau for testimony.
TERESA SAGER-STANCLIFF, STAFF, SENATOR MIKE MILLER, gave the
sponsor statement for CSSB 135. She stated CSSB 135 has a
similar companion bill in the House, HB 484. She reiterated
CSSB 135 would provide a $10,000 appropriation for an update
of the original study done in 1979. The study was done on
route selection for an extension of the railroad from
Eielson to the Canadian border. The study was updated in
1982 and since then, there have been land transfers and
acquisition in the area of the route. The appropriation in
CSSB 135 would update the title work so a new cost estimate
of acquiring the property for the right-of-way could be
done.
Number 514
REPRESENTATIVE G. DAVIS moved to pass CSSB 135 from
committee with individual recommendations and attached
fiscal note.
CHAIRMAN VEZEY asked the committee secretary to call the
roll.
IN FAVOR: REPRESENTATIVES VEZEY, ULMER, G. DAVIS,
SANDERS, OLBERG.
ABSENT: REPRESENTATIVES KOTT, B. DAVIS.
MOTION PASSED
HB 347 - STATE LONG-TERM PLANNING
REPRESENTATIVE SEAN PARNELL, PRIME SPONSOR, addressed HB
347. He mentioned the problems HB 347 was meant to address:
1) the general distrust in government; 2) the lack of an
objective way for the legislature or the executive branch to
make budget choices; 3) the focus on programs, rather than
the people being served; 4) the lack of accountability in
the spending of the budget. He stated when the departments
testify about their job requirements and yearly results it
has not been very useful, because they are not focusing on
what the customer is receiving, or the end product. For
example, the Department of Public Safety should measure how
many people were killed on the Seward highway, rather than
how many roads they covered and how many less enforcement
officers they have. He felt the departments should be
measured on more specific terms.
REPRESENTATIVE PARNELL commented during his initial days of
working with the budget last year, he asked each department
for their long range plans over the next 10-20 years. He
noted some departments had a relatively good "big picture
view" of where they were headed, some wanted more money to
develop a long range plan, and none had any objective set of
measures for the legislature to use in evaluating their
budget requests and their progress over time. He felt HB
347 is intended to offer this structure. Planning would
establish statewide direction in key policy areas and help
the state move away from "prices policy decision making."
State resources could be aligned in a rational manner. HB
347 could help establish the priorities needed to be set for
budgeting. He also mentioned with the present declining
revenues, planning should help allocate resources in a way
that is important to Alaskans.
REPRESENTATIVE PARNELL stated "performance based budgeting"
is not a new procedure. He noted Texas and Oregon as
example states which presently use it. HB 347 is modeled
after Texas legislation because he felt their financial
situation was most similar to Alaska. He noted the main
difference between Oregon and Texas legislation was that
Oregon was public driven, while Texas was executive driven.
Even with the different angles, the focus was still on the
customer.
REPRESENTATIVE PARNELL outlined HB 347. At the beginning of
each governor's term, the governor will develop statewide
goals to issue on May 1 of each odd numbered year. He noted
in the CSHB 347, version O work draft before the committee
there was a discrepancy on page 1, line 8, whereby it should
state "odd-numbered" instead of "even-numbered." This would
need to be corrected. He stated the two year cycle would
start and the Office of Management & Budget (OMB) would
issue each principle department about the state's economy
and population. Between May 1 and July 1, those departments
would develop their separate goals and objectives. Between
July 1 and October 1, the OMB would review and approve each
agencies goal, so these performance measures could be
included in the agency's budget submitted to OMB. By Dec
15, OMB and the governor would have compiled the plans into
one strategic long range plan, and would submit it as part
of the budget process.
REPRESENTATIVE PARNELL commented long-term planning is meant
to be an ongoing process as it will be reviewed every two
years and updated. He credited OMB for having been involved
in "performance based budgeting" in the past.
Number 629
CHAIRMAN VEZEY asked if REPRESENTATIVE PARNELL had a flow
chart.
REPRESENTATIVE PARNELL stated a flow chart should be in the
packet.
Number 639
CHAIRMAN VEZEY examined the flow chart and reiterated
REPRESENTATIVE PARNELL's outline of the procedure in HB 347.
He questioned if the process occurs in one calendar year.
REPRESENTATIVE PARNELL affirmed CHAIRMAN VEZEY.
Number 648
CHAIRMAN VEZEY asked what happened in the even-numbered
years.
REPRESENTATIVE PARNELL responded the OMB was still working
on the specifics; however, they could either budget using
the same performance measures or they could revise and
update those performance measures. Once HB 347 is in place,
the agencies basically have the even years "off" in not
having any active work.
Number 656
REPRESENTATIVE G. DAVIS referred to REPRESENTATIVE PARNELL's
indication that when he had asked for the goals of the
departments they did not already have them. He felt
REPRESENTATIVE PARNELL was surprised.
Number 660
REPRESENTATIVE PARNELL affirmed REPRESENTATIVE G. DAVIS. He
noted the plans in HB 347 are meant to be six year plans,
however, they need to be on a two year cycle to stay
updated.
Number 668
REPRESENTATIVE G. DAVIS stated he too had been surprised
when he found there was not more organization when it was
time to budget. He noted the lack of prioritization within
the departments.
Number 675
REPRESENTATIVE ULMER commented HB 347 reminded her of 1978-
1979 when "performance based budgeting" used to be done in
Alaska. Jay Hammond then termed it "management by
objective," whereby objectives were set, measurements of
attainment were set, and periodically the attainment was
reviewed. She noted the elements which made the program
work: 1) training of agency managers; 2) commitment from the
governor and OMB because it runs counter to the way business
is usually done; 3) a person responsible for the follow
through;...
TAPE 94-34, SIDE B
Number 000
REPRESENTATIVE ULMER continued.
...4) legislative involvement, brought in by the Executive
branch, early in the process with an agreement that budgets
would be based cooperatively on the stated goals and
objectives; and 5) enforcement of policy goals with both
rewards and penalties. She stated without these elements
the program would be short-lived, and to maintain them it
takes money. She directed the committee to the HB 347 zero
fiscal notes and stated it would be like "passing crime
bills without putting money into the Department of
Corrections or Public Safety budget." An appropriation to
OMB or the Governor's office, which they could then
distribute to the agencies, would have to be made. She
emphasized that existing personnel cannot just pick up
another specific job.
REPRESENTATIVE ULMER stated she encouraged the program and
felt if the money was there to back up the program, it would
be a good time to engage it again.
Number 052
REPRESENTATIVE PARNELL reiterated the elements
REPRESENTATIVE ULMER referred to and stated he had witnesses
available to testify on those areas. He believed HB 347
would change a person's job description, rather than add to
it. He recognized the program may not be enforced without
additional money.
REPRESENTATIVE ULMER commented "performance based budgeting"
requires a focus on the long-term with external
measurements, as opposed to simply numbers on paper. She
emphasized the program would depend upon enough people
understanding the program, with a commitment.
Number 112
REPRESENTATIVE SANDERS asked REPRESENTATIVE ULMER what
happened to the previous program.
Number 115
REPRESENTATIVE ULMER answered the program was very active in
the late 1970s and early 1980s, and it began to diminish
around 1982. The program failed because it was too much
money. She stated the tailored program became overwhelmed
by the influx of money and the legislature's desire to do
good by distributing money quickly. She noted the time was
at the very end of the Hammond Administration and priorities
were changing.
Number 157
CHAIRMAN VEZEY asked the advantage of Section 2 in HB 347.
Number 160
REPRESENTATIVE PARNELL replied Section 2 directs Legislative
Budget & Audit (LB&A) to evaluate laws and look for
duplications. The value is having someone to look for it.
Section 2 was part of the Texas bill, and although he was
not determined to include it, he felt it was a valuable
function.
Number 170
CHAIRMAN VEZEY stated he felt Section 2 just reiterates
LB&A's authority and noted it states they will quit doing it
December 31, 1997.
Number 174
REPRESENTATIVE PARNELL corrected CHAIRMAN VEZEY in that
Section 2 states the recommendations shall be submitted to
the legislature by December 31, 1997.
Number 184
JACK FARGNOLI, SENIOR POLICY ANALYST, DIRECTOR'S OFFICE,
OFFICE OF MANAGEMENT & BUDGET (OMB), supported HB 347. He
stated OMB has been involved with performance measurement
over the past year, and as of the past few months, the
importance of the program elevated to something they
definitely wanted to do and intend to develop for
implementation in the coming 18 months independent of HB
347. He agreed with REPRESENTATIVE ULMER on elements
necessary to make the program successful. OMB intends to
revamp the current budget process and supplant the new
program into it. They would prefer a system very closely
integrated to the delivery of budget documents to the
legislature, rather than a separate track of plans which
may, or may not, be linked to the budget developing process.
MR. FARGNOLI commented HB 347 is a large undertaking,
especially in regards to commitment. He stated the resource
requirements were not as large as they could be, depending
upon how the process is structured. He has been directed,
when session is over, to devote 100 percent of his time to
working with the departments, the legislature, LB&A, and the
finance committees to develop the process, identify the
training requirements, and to develop budget instructions
and forms. The intention would be to focus on
effectiveness, not so much efficiency. He noted presently,
when the state looks into services it is providing to
determine how successful they are, the state has very little
budgetary apparatus for making those determinations.
Performance based budgeting will provide a "budget based
vocabulary" for making such determinations.
MR. FARGNOLI addressed HB 347 fiscal notes in the packets.
He referred to them as preliminary because the majority of
detailed discussions had not been engaged in yet. He noted
the departments have been asked to identify their training
requirements, under the assumption OMB would provide all of
the training necessary. The responses he believed, would
differ dramatically from department to department, but "none
of them will be trivial either in scale or importance." He
stressed training for all levels is a key factor.
Number 310
REPRESENTATIVE SANDERS stated he assumed from MR. FARGNOLI's
opening statement that he supported HB 347.
MR. FARGNOLI affirmed REPRESENTATIVE SANDERS.
Number 315
REPRESENTATIVE SANDERS mentioned the tremendous fiscal note
HB 347 will have, and questioned if MR. FARGNOLI felt HB 347
was a tool for moving towards a sixty or ninety day session.
He believed the program would save a lot of money for the
legislature because the finance committee would no longer
have to constantly fly witnesses to Juneau to testify on
programs. He felt there would be a large net savings, in
addition to the benefits of the planning.
Number 322
MR. FARGNOLI agreed with REPRESENTATIVE SANDERS, however,
they did not view the process as encouraging to any one
legislative approach.
Number 329
REPRESENTATIVE SANDERS commented 75 percent of the work done
deals with the budget and HB 347 would reduce it.
Number 330
MR. FARGNOLI responded the intent would be to make the
budget process more streamlined; however, reorientation more
of their objective.
Number 335
REPRESENTATIVE ULMER commented she thought MR. FARGNOLI was
"exactly right." In relation to the committee and
subcommittee process, it is very generalized and fairly
superficial. She noted the subcommittee members do not
always come prepared to meetings, so they do not know the
goals, measurements, and how well they achieved them. She
felt this type of work could be done during the interim if
performance based budgeting system was in place. Periodic
performance updates could also be sent out during the
interim.
Number 360
REPRESENTATIVE G. DAVIS asked if there had been something to
set off the OMB to be so wrong that they felt the change was
needed.
Number 368
MR. FARGNOLI stated the OMB saw the absence of useful
information in budget documents. They need feedback on
their policy choices, of which they have very little.
Number 386
REPRESENTATIVE G. DAVIS agreed with MR. FARGNOLI and stated
it was obvious to a lot of the them. He referred to words
which MR. FARGNOLI frequently used in his testimony such as
"effectiveness" and "prioritization." He noted he had not
found the use of those words in HB 347.
Number 397
REPRESENTATIVE PARNELL offered on page 2, line 3, it could
be amended to read, "an analysis of workload, priorities,
and of the results..."
Number 406
REPRESENTATIVE G. DAVIS stated he did not really have a
preference.
(REPRESENTATIVE SANDERS left the meeting a 9:13 a.m.)
Number 412
CHAIRMAN VEZEY stated he found Section 2 to be a little
superfluous. He asked for a comment.
Number 414
MR. FARGNOLI responded the OMB did not have a problem with
Section 2. They assumed Section 2, given the role and the
function of a performance based budgeting system in
evaluating agencies, would be helpful to investigate whether
there are other statutes or regulations which bear on the
question of how agencies should be measured. Section 2
would be a housekeeping measure and necessary for any new
budget system in place.
Number 431
REPRESENTATIVE PARNELL stated he was not opposed to the
elimination of Section 2 if it were to suit the committee.
CHAIRMAN VEZEY responded Section 2 did not seem to bother
the other committee members. He reminded the committee that
committee substitute for HB 347 which reflects on page 1,
line 8, "each odd-numbered year" needed to be adopted.
(REPRESENTATIVE SANDERS returned to the meeting at 9:15
a.m.)
Number 440
REPRESENTATIVE G. DAVIS so moved.
Number 446
CHAIRMAN VEZEY, hearing no objection, adopted the committee
substitute to HB 347 reflecting the change on page 1, line
8, which now read "each odd-numbered year."
Number 448
REPRESENTATIVE G. DAVIS directed to CHAIRMAN VEZEY's
discussion on Section 2. He clarified a department would
not be duplicating work so much as LB&A would be to check
interdepartmental work. He stated Section 2 was important
to have identified in CSHB 347 so duplication was not
forgotten. He noted it is not in the duties of department
to check what other departments are doing so there is no
duplication.
Number 467
REPRESENTATIVE ULMER moved to pass CSHB 347 from committee
with individual recommendations, asking unanimous consent.
Number 468
CHAIRMAN VEZEY, hearing no objection, asked the committee
secretary to call the roll.
IN FAVOR: REPRESENTATIVES VEZEY, ULMER, G. DAVIS,
SANDERS, OLBERG.
ABSENT: REPRESENTATIVES KOTT, B. DAVIS.
MOTION PASSED WITH DO PASS RECOMMENDATION
CHAIRMAN VEZEY called for a recess at 9:17 a.m.
CHAIRMAN VEZEY reconvened the meeting at 9:25 a.m. Members
present were REPRESENTATIVES G. DAVIS and OLBERG.
HB 389 - INCREASED PENALTIES FOR JOY RIDING
CHAIRMAN VEZEY opened HB 389, Sponsored by REPRESENTATIVE
JIM NORDLUND and Co-Sponsored by REPRESENTATIVE DAVID
FINKELSTEIN, for discussion.
Number 489
DENNIS POSHARD, STAFF, REPRESENTATIVE JIM NORDLUND, gave the
sponsor statement for HB 389. He apologized for
REPRESENTATIVE NORDLUND not being in attendance due to a
prior personal commitment. He stated HB 389 amends the
criminal statutes to increase the penalties for joy riding.
The current penalty for the first offense, Criminal Mischief
III (a class A misdemeanor), would be changed to Criminal
Mischief II (a class C felony). He stated the penalty for a
second offense, Criminal Mischief II, would be changed to
Criminal Mischief I (a class B felony).
MR. POSHARD stated HB 389 was introduced because of the
increase in auto theft and the lack of convictions. Current
laws allow many offenders to plea down to the lesser offense
of joy riding.
MR. POSHARD noted about 500 incidents per year of joy
riding. In 1993, only 99 cases were prosecuted, of which
the vast majority were misdemeanors. Only two cases went to
trial on a contested basis. In most cases the defendants
plead guilty, or the charges were dropped in exchange for a
plea of guilty to a lesser charge of driving while
intoxicated or of theft.
(REPRESENTATIVE SANDERS and ULMER rejoined the meeting at
9:27 a.m.)
MR. POSHARD stated Anchorage Assembly members brought this
problem to their attention. A theft charge requires someone
to have the intent to deprive someone of their property. He
stated the intent is what is difficult to proved, therefore
it is easier to allow the defendant to plea down to the
charge of joy riding. Increasing the penalty for joy riding
will help decrease the rising number of vehicles stolen and
the tremendous dollar loss suffered by insurance companies
and the victims of auto theft. He stated HB 389 is heavily
supported by the Anchorage Police Department.
Number 541
CHAIRMAN VEZEY stated HB 389 was deleting some wording and
replacing it with very similar wording.
MR. POSHARD clarified HB 389 would change the penalty for
joy riding from Criminal Mischief III to Criminal Mischief
II.
Number 550
CHAIRMAN VEZEY turned to Section 1 and stated currently, to
be under Criminal Mischief II there has to be damage to the
vehicle or expenses incurred by the owner. HB 389 would
make the penalty Criminal Mischief II regardless of whether
there are any expenses incurred by the owner.
MR. POSHARD stated CHAIRMAN VEZEY was correct. He replied
the drafter of HB 389 felt this would be the cleanest way to
make the change.
Number 559
CHAIRMAN VEZEY read page 2, beginning with line 8, "(b)
Except as provided in (c) of this section, criminal
[CRIMINAL] mischief in the second degree is a class C
felony." He stated the exception under (c) provides a class
B felony if a person has a prior conviction.
MR. POSHARD affirmed CHAIRMAN VEZEY.
Number 570
CHAIRMAN VEZEY stated in Section 3 of HB 389, criminal
mischief III would still be a misdemeanor, but the
exceptions in subsection (c) would be deleted. He asked for
an explanation.
Number 575
MR. POSHARD explained Section 3 was a conforming amendment
that deletes the exception for the joy riding provision
referring to if the damage was less than $500.
Number 579
CHAIRMAN VEZEY stated the question was over AS 11.46.484.
Number 596
MR. POSHARD clarified Section 3, "[EXCEPT AS PROVIDED IN (c)
OF THIS SECTION,...]," refers back to Section 2, "the person
drives, tows away, or takes the propelled vehicle of
another." He noted Section 1 (4),"[THE PERSON DRIVES, TOWS
AWAY, OR TAKES THE PROPELLED VEHICLE OF ANOTHER...]," was
deleted. Therefore, Section 3 is the conforming amendment
deleting exemption which directly referred to the language
in Section 1(4).
Number 607
CHAIRMAN VEZEY stated the activity described under criminal
mischief III is being classified as a class A misdemeanor,
even though the existing statute provides it will be a class
C felony if there were prior convictions. He felt HB 389
would be deleting the stipulation that under certain
circumstances the offense could be a felony. He believed HB
389 made a violation of AS 11.46.484 a class A misdemeanor
and would it not be a felony if was a repeat offense as
described in Section 2(c).
Number 620
MR. POSHARD clarified criminal mischief III would no longer
be a penalty for joy riding or theft of an automobile
because the language was deleted.
Number 624
REPRESENTATIVE ULMER made clear MR. POSHARD was referring to
page 2, lines 20-21.
(REPRESENTATIVE OLBERG and SANDERS left the meeting at 9:36
a.m.)
Number 634
MR. POSHARD stated there may some language left in AS
11.46.484 which may need to be deleted. He noticed Section
2 would allow for criminal mischief III to still be a
misdemeanor. He noted this was not the intent when HB 389
was drafted.
Number 643
REPRESENTATIVE ULMER commented confusion arises because all
of the provisions of AS 11.46.484 are not seen in HB 389.
She referenced AS 11.46.484(b) in Section 3, line 20, which
deletes [EXCEPT AS PROVIDED IN (c)...]. She clarified AS
11.46.484(c) includes the provisions of the joy riding
statute which is being deleted on page 1 of HB 389.
Number 650
CHAIRMAN VEZEY stated page 1 is deleting wording in AS
11.46.482.
Number 651
REPRESENTATIVE ULMER agreed with CHAIRMAN VEZEY. She
responded AS 11.46.482 is referenced within AS 11.46.484 in
the statute. AS 11.46.482(a)(4) which is deleted in HB 389
is embraced within AS 11.46.484 as an exception to the class
A misdemeanor. Therefore, the language must be deleted to
make it no longer a misdemeanor.
Number 661
CHAIRMAN VEZEY stated he understood REPRESENTATIVE ULMER's
clarification; however, he felt it did explain the changes
to the other three sub-subsections of paragraph 3. He
stated under current law AS 11.46.484(a)(2) would also be a
felony, but HB 389 would change it to a class A misdemeanor.
Number 666
REPRESENTATIVE ULMER responded the structure of the language
in AS 11.46.484(b) provides an exception to it being a
misdemeanor. Section (c) is being removed because HB 389 is
changing the definition of the offense by deleting
subsection (4). She believed the drafter was correct.
Number 674
CHAIRMAN VEZEY commented more work would have to be done on
Section 3, but not at this time. He inquired about Section
4.
MR. POSHARD replied Section 4 was a conforming amendment to
AS 11.46.486(a). The reference to AS 11.46.484(a)(2) was
being deleted on page 3, line 1.
Number 692
CHAIRMAN VEZEY inquired about Section 5.
MR. POSHARD replied Section 5 deleted another reference to
AS 11.46.482(a)(4) on line 4, page 3. On page 3, line 3,
the word "third" is replaced with "second" to comply with
the intent of HB 389.
TAPE 94-35, SIDE A
Number 000
CHAIRMAN VEZEY clarified that Section 5 was a housekeeping
measure. He asked about Section 6.
Number 015
MR. POSHARD replied Section 6 dealt with sentencing.
CHAIRMAN VEZEY stated Section 6 would mandate a minimum
sentence.
Number 019
MR. POSHARD agreed with CHAIRMAN VEZEY. The misdemeanor
charge would be changed to a felony charge.
Number 043
REPRESENTATIVE ULMER referred to the "Assumptions" section
on page 2 of the Department of Corrections' fiscal note. It
states, "The Municipality of Anchorage, which has its own
`joy riding' law now, prosecutes an additional 35 such cases
per year... It is assumed that the bill would have the
effect of converting all the Municipality misdemeanor cases
into State felony cases." She asked if this effect has been
discussed. She was concerned about the statewide trend of
all misdemeanor cases not being prosecuted at the municipal
level, thereby leaving the state to "pick up the bag."
MR. POSHARD said he could not comment because they have not
spoken with the prosecutor's office for the municipality of
Anchorage.
Number 072
REPRESENTATIVE ULMER stated it would be worthwhile to find
out their intentions as to whether or not they plan to
continue to prosecute joy riding violations as misdemeanors.
If the municipality of Anchorage did intend to continue,
Department of Corrections may be able to down scale their
fiscal note and reduce the state financial impact.
Number 086
CHAIRMAN VEZEY stated he would like to see how much actual
property damage is involved in joy riding. If $1.5 million
were to be spent on the incarceration of offenders, their
cost to society should also be examined.
MR. POSHARD answered he did not know how much damage is done
statewide, but he did have figures for Anchorage. Over the
past 5 years, approximately $51 million dollars in vehicles
had been taken, of which nearly $6 million have never been
recovered.
Number 108
CHAIRMAN VEZEY commented those items not recovered would not
fall under the statute referred to in HB 389. Those items
would be designated under theft.
Number 110
MR. POSHARD affirmed CHAIRMAN VEZEY. He stated they contend
that increasing the penalty for joy riding would also reduce
theft because they would now both be carrying a felony
charge. He noted many of the vehicles involved in joy
riding do end up with damage to them. This proposes an
added cost to insurance companies and victims.
Number 129
CHAIRMAN VEZEY mentioned the fine connected with the charge
of joy riding and the possibility of short-term jail time
for those convicted. He stated the loss of a driver's
license could be considered as a penalty for joy riding in
HB 389. He commented most people convicted of joy riding do
not get jail time and may or may not pay their fine;
however, they still have their license intact.
Number 159
MR. POSHARD responded CHAIRMAN VEZEY's assumptions about
those individuals who commonly joy ride were correct.
Regarding license revocation, he stated REPRESENTATIVE
NORDLUND was open to changes on HB 389. HB 389 was meant to
facilitate discussion on different means to curb joy riding.
Number 177
CHAIRMAN VEZEY, hearing no more questions, held HB 389 in
committee for further review. He asked MR. POSHARD to ask
REPRESENTATIVE NORDLUND to examine Section 3, therewith a
sponsor statement could be provided in explanation. He was
not convinced that the penalty in Section 3 was not being
reduced.
ADJOURNMENT
CHAIRMAN VEZEY, having no more business before the
committee, adjourned the meeting at 9:54 a.m.
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