Legislature(1997 - 1998)

02/21/1998 10:05 AM House STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
       HOUSE STATE AFFAIRS STANDING COMMITTEE                                  
                 February 21, 1998                                             
                     10:05 a.m.                                                
                                                                               
                                                                               
MEMBERS PRESENT                                                                
                                                                               
Representative Jeannette James, Chair                                          
Representative Ivan M. Ivan, Vice Chairman                                     
Representative Ethan Berkowitz                                                 
Representative Fred Dyson                                                      
Representative Kim Elton                                                       
Representative Mark Hodgins                                                    
Representative Al Vezey                                                        
                                                                               
MEMBERS ABSENT                                                                 
                                                                               
All members present                                                            
                                                                               
COMMITTEE CALENDAR                                                             
                                                                               
CONFIRMATION HEARING:                                                          
                                                                               
Personnel Board                                                                
                                                                               
     Charles H. Parr - Fairbanks                                               
                                                                               
     - CONFIRMATION ADVANCED                                                   
                                                                               
HOUSE BILL NO. 313                                                             
"An Act relating to preventive maintenance programs required for               
certain state grants; and providing for an effective date."                    
                                                                               
     - MOVED CSHB 313(STA) OUT OF COMMITTEE                                    
                                                                               
CONFIRMATION HEARINGS:                                                         
                                                                               
Alaska Public Offices Commission                                               
                                                                               
     Philip R. Volland - Anchorage                                             
                                                                               
     - CONFIRMATION ADVANCED                                                   
                                                                               
State Commission for Human Rights                                              
                                                                               
     Ruth Gronlid Benson - Fairbanks                                           
                                                                               
     - CONFIRMATION ADVANCED                                                   
                                                                               
Alaska Public Offices Commission                                               
                                                                               
     Kathleen Harrington - Anchorage                                           
                                                                               
     - CONFORMATION ADVANCED                                                   
                                                                               
Select Committee on Legislative Ethics                                         
                                                                               
     Dennis E. "Skip" Cook - Fairbanks                                         
                                                                               
     - CONFIRMATION ADVANCED                                                   
                                                                               
HOUSE BILL NO. 315                                                             
"An Act relating to operating appropriations for annual maintenance            
and repair and periodic renewal and replacement of public buildings            
and facilities; and providing for an effective date."                          
                                                                               
     - MOVED CSHB 315(STA) OUT OF COMMITTEE                                    
                                                                               
(* First public hearing)                                                       
                                                                               
PREVIOUS ACTION                                                                
                                                                               
BILL: HB 313                                                                   
SHORT TITLE: PREVENTATIVE MAINTENANCE REQUIREMENT                              
SPONSOR(S): RULES BY REQUEST OF DMT                                            
                                                                               
Jrn-Date    Jrn-Page           Action                                          
 1/12/98      2026     (H)  READ THE FIRST TIME - REFERRAL(S)                  
 1/12/98      2026     (H)  STATE AFFAIRS, FINANCE                             
 2/05/98               (H)  STA AT  8:00 AM CAPITOL 102                        
 2/05/98               (H)  MINUTE(STA)                                        
 2/07/98               (H)  STA AT 10:00 AM CAPITOL 102                        
 2/07/98               (H)  MINUTE(STA)                                        
 2/17/98               (H)  STA AT  8:00 AM CAPITOL 102                        
 2/17/98               (H)  MINUTE(STA)                                        
 2/21/98               (H)  STA AT 10:00 AM CAPITOL 102                        
                                                                               
BILL: HB 315                                                                   
SHORT TITLE: OPERATING APPROPRIATIONS FOR MAINTENANCE                          
SPONSOR(S): RULES BY REQUEST OF DMT                                            
                                                                               
Jrn-Date    Jrn-Page           Action                                          
 1/12/98      2027     (H)  READ THE FIRST TIME - REFERRAL(S)                  
 1/12/98      2027     (H)  STATE AFFAIRS, FINANCE                             
 2/05/98               (H)  STA AT  8:00 AM CAPITOL 102                        
 2/05/98               (H)  MINUTE(STA)                                        
 2/07/98               (H)  STA AT 10:00 AM CAPITOL 102                        
 2/07/98               (H)  MINUTE(STA)                                        
 2/17/98               (H)  STA AT  8:00 AM CAPITOL 102                        
 2/17/98               (H)  MINUTE(STA)                                        
 2/21/98               (H)  STA AT 10:00 AM CAPITOL 102                        
                                                                               
WITNESS REGISTER                                                               
                                                                               
CHARLES PARR, Appointee                                                        
   to the Personnel Board                                                      
909 John Kalinas Road                                                          
Fairbanks, Alaska 99712                                                        
Telephone:  (Not provided)                                                     
POSITION STATEMENT: Answered questions pertaining to his                       
               appointment to the Personnel Board.                             
                                                                               
DENNIS DeWITT, Legislative Assistant                                           
   to Representative Eldon Mulder                                              
Alaska State Legislature                                                       
Capitol Building, Room 501                                                     
Juneau, Alaska  99801                                                          
Telephone:  (907) 465-2647                                                     
POSITION STATEMENT:  Provided sponsor statements for HB 313 and                
                     HB 315.                                                   
                                                                               
MICHAEL MORGAN, PMP Manager                                                    
Facilities Section                                                             
Education Support Services                                                     
Department of Education                                                        
801 West 10th Street, Suite 200                                                
Juneau, Alaska 99801-1894                                                      
Telephone:  (907) 465-1858                                                     
POSITION STATEMENT:  Provided testimony on HB 313.                             
                                                                               
PHILIP R. VOLLAND, Appointee                                                   
   to the Alaska Public Offices Commission                                     
211 "H" Street                                                                 
Anchorage, Alaska 99501                                                        
Telephone:  (Not provided)                                                     
POSITION STATEMENT: Answered questions as appointee to the Alaska              
                    Public Offices Commission.                                 
                                                                               
RUTH GRONLID BENSON, Appointee                                                 
   to the State Commission for Human Rights                                    
(Address not provided)                                                         
Telephone:  (Not provided)                                                     
POSITION STATEMENT: Answered questions as appointee to the State               
                    Commission for Human Rights.                               
                                                                               
KATHLEEN HARRINGTON, Appointee                                                 
   to the Alaska Public Offices Commission                                     
Gotthard Avenue, Suite 1242                                                    
Anchorage, Alaska 99508                                                        
Telephone:  (907) 561-8654                                                     
POSITION STATEMENT: Answered questions as appointee to the Alaska              
                    Public Offices Commission.                                 
                                                                               
DENNIS E. "SKIP" COOK, Appointee                                               
   to the Select Committee on Legislative Ethics                               
431 Birch Hill Road                                                            
Fairbanks, Alaska 99712                                                        
Telephone:  (907) 456-6994                                                     
POSITION STATEMENT: Answered questions as appointee to the Select              
                    Committee on Legislative Ethics.                           
                                                                               
JACK KREINHEDER, Senior Policy Analyst                                         
Office of Management and Budget                                                
Office of the Governor                                                         
P.O. Box 110020                                                                
Juneau, Alaska 99811-0020                                                      
Telephone:  (907) 465-4676                                                     
POSITION STATEMENT:  Answered questions on HB 315.                             
                                                                               
ACTION NARRATIVE                                                               
                                                                               
TAPE 98-21, SIDE A                                                             
Number 0001                                                                    
                                                                               
CHAIR JEANNETTE JAMES called the House State Affairs Standing                  
Committee meeting to order at 10:05 a.m.  Members present at the               
call to order were Representatives James, Dyson, Hodgins, Ivan and             
Vezey.  Representatives Elton, and Berkowitz arrived at 10:06 a.m.             
and 10:09 a.m., respectively.                                                  
                                                                               
CONFIRMATION HEARING                                                           
                                                                               
Personnel Board                                                                
                                                                               
CHAIR JAMES announced the first order of business was the                      
confirmation hearing of Charles Parr to the Personnel Board.                   
                                                                               
CHAIR JAMES asked Mr. Parr to give a brief statement of his                    
qualifications and why he would like to be appointed to the board.             
                                                                               
Number 0094                                                                    
                                                                               
CHARLES PARR, Appointee to the Personnel Board, stated that as far             
as qualifications are concerned, the committee members have a copy             
of his resume that shows his service to the state.  The Personnel              
Board is important for people who have problems with the personnel             
system.  It is for a final recourse while at the same time it                  
protects the interest of the state and tax payers.  He said he                 
believes he can do the job.                                                    
                                                                               
CHAIR JAMES called for a motion to move Charles Parr's nomination              
to the Personnel Board forward.                                                
                                                                               
Number 0201                                                                    
                                                                               
REPRESENTATIVE AL VEZEY made a motion to move the nomination of                
Charles Parr to the state Personnel Board to the floor of the House            
of Representatives for consideration by the full body.  There being            
no objection, it was so ordered.                                               
                                                                               
CHAIR JAMES called for a brief at ease at 10:09 a.m.  She called               
the meeting back to order at 10:10 a.m.                                        
                                                                               
HB 313 - PREVENTATIVE MAINTENANCE REQUIREMENT                                  
                                                                               
CHAIR JAMES announced the next order of business would be HB 313,              
"An Act relating to preventive maintenance programs required for               
certain state grants; and providing for an effective date."                    
                                                                               
CHAIR JAMES called on Dennis DeWitt, staff to Representative Eldon             
Mulder, sponsor of the bill.                                                   
                                                                               
Number 0327                                                                    
                                                                               
DENNIS DeWITT, Legislative Assistant to Representative Eldon                   
Mulder, Alaska State Legislature, stated last year he served as the            
chief of staff for the Deferred Maintenance Task Force.  House Bill            
313 is an attempt to ensure the entities that receive a capital                
grant or financing have reasonable preventative maintenance                    
programs in place prior to receiving funds from the legislature.               
The task force found that there are a significant number of                    
facilities built by municipalities, for example, with state funds              
that are not being cared for.  The same facilities are being                   
presented back to the legislature regularly for funds for                      
improvements.  The language in HB 313 is consistent with language              
in HB 312, a bill that the House State Affairs Committee passed out            
of committee last week.                                                        
                                                                               
MR. DeWITT further stated there is a proposed committee substitute             
for HB 313, Version 0-LS1217\F, Cook, dated 2/9/98.  The most                  
significant change is the effective date from July 1, 1998, to July            
1, 1999.  It would give recipients a little over a year to get                 
their maintenance programs in order.  The bill considers most of               
the requests from the Department of Education.  The department                 
suggested using the language "building" instead of "all buildings"             
to allow for flexibility and to not include sheds and other kinds              
of buildings.                                                                  
                                                                               
CHAIR JAMES asked for a motion to adopt the proposed committee                 
substitute.                                                                    
                                                                               
Number 0620                                                                    
                                                                               
REPRESENTATIVE FRED DYSON made a motion to adopt the proposed                  
committee substitute for HB 313, Version 0-LS1217\F, Cook, dated               
2/9/98. There being no objection, the committee substitute was                 
adopted.                                                                       
                                                                               
Number 0642                                                                    
                                                                               
REPRESENTATIVE KIM ELTON asked Mr. DeWitt whether there were any               
recommendations from the Department of Education that were not                 
adopted.                                                                       
                                                                               
Number 0660                                                                    
                                                                               
MR. DeWITT replied, "Yes."  He said the recommendation to match                
Section 37.05.315, 316 and 317 with Section 37.06.010 and 37.06.020            
was considered redundant and not necessary.  The request to move               
eligibility considerations to the ranking arena was considered a               
policy call (Section 14.11.011 to 14.11.013(b)).  In other words,              
should a preventative maintenance program be a prerequisite or                 
considered lower in the process.                                               
                                                                               
Number 0850                                                                    
                                                                               
MICHAEL MORGAN, PMP Manager, Facilities Section, Education Support             
Services, Department of Education, stated Section 14.11.011 has a              
requirement for a preventative maintenance program for school                  
districts.  It is considered an eligibility requirement.  The                  
department suggested the requirement move to the scoring arena                 
because of the additional requirements to allow for a judgement on             
the full range of the implementation of a program.                             
                                                                               
Number 0886                                                                    
                                                                               
REPRESENTATIVE ELTON asked Mr. Morgan whether there is already a               
requirement in place for a maintenance program.                                
                                                                               
MR. MORGAN replied there is a statutory requirement for school                 
districts to have a preventative maintenance program in place.                 
                                                                               
REPRESENTATIVE ELTON asked Mr. Morgan whether that makes this                  
redundant.                                                                     
                                                                               
MR. MORGAN replied not exactly.  This expands the scope of what is             
required within the preventative maintenance program.  It requires             
it to be a formal program.  It includes a renewal replacement                  
schedule for components of facilities and adds energy management -             
two very big issues.                                                           
                                                                               
Number 0955                                                                    
                                                                               
REPRESENTATIVE ETHAN BERKOWITZ stated the term "preventative                   
maintenance" is not defined anywhere in statute.                               
                                                                               
MR. MORGAN stated he thinks there is a statutory definition.  If               
there isn't a statutory definition, there is a regulatory                      
definition.                                                                    
                                                                               
REPRESENTATIVE BERKOWITZ stated the term "regular maintenance" is              
defined to protect the school's structure.                                     
                                                                               
Number 1033                                                                    
                                                                               
REPRESENTATIVE BERKOWITZ asked whether the language "evidence                  
acceptable" in the bill is acceptable to the department.  Anytime              
there is a requirement like that without a standard, it can vary               
depending on the individuals involved.                                         
                                                                               
Number 1060                                                                    
                                                                               
MR. DeWITT replied that is true.  It doesn't really matter how                 
tight the language is because there will be some difference from               
person-to-person.  The extent of its preciseness is a regulatory               
definition.  The folks that reviewed the bill from the Department              
of Military and Veterans Affairs think it is consistent with the               
kinds of programs recognized by maintenance professionals and are              
comfortable with the requirement.                                              
                                                                               
Number 1100                                                                    
                                                                               
REPRESENTATIVE BERKOWITZ stated,  "The question I have would be                
like telling the jury, 'Well, if the evidence is acceptable to you,            
you can convict.'"  That is not an implementation of a standard to             
provide a good direction.                                                      
                                                                               
Number 1117                                                                    
                                                                               
REPRESENTATIVE DYSON stated he has spent half of his life as a                 
maintenance engineer.  There couldn't be a standard drawn tight                
enough to satisfy what Representative Berkowitz is after and have              
it be applicable to the incredible range of facilities out there.              
It is a shame that it is even necessary.  Any professional manager             
of any facility that has a sense of responsibility ought to be                 
doing these sorts of things.                                                   
                                                                               
REPRESENTATIVE DYSON asked Mr. Morgan what is currently being done             
now to audit the present statutory conformance.                                
                                                                               
Number 1270                                                                    
                                                                               
MR. MORGAN replied currently school districts submit to the                    
Department of Education on a yearly basis requests for capital                 
projects on existing facilities.  They have to inform the                      
department of any preventative maintenance programs and how they               
have been implemented.  They also have to demonstrate their                    
effectiveness.  The department then evaluates the full range of                
information presented.                                                         
                                                                               
REPRESENTATIVE DYSON asked Mr. Morgan whether the department is                
auditing the paper trail and not the actual facility on the ground.            
                                                                               
MR. MORGAN replied, "Yes."                                                     
                                                                               
REPRESENTATIVE DYSON asked Mr. Morgan whether the department has               
considered the energy management required in the bill.                         
                                                                               
MR. MORGAN replied the department has not throughly considered how             
it may be implemented.                                                         
                                                                               
Number 1357                                                                    
                                                                               
REPRESENTATIVE DYSON stated that as the legislature goes forward               
with  deferred maintenance and transfers huge amounts of cash, he              
is sure that it will be rewarding communities that are doing a poor            
job.  It is a public policy dilemma.  He asked Mr. DeWitt whether              
the issue was discussed in the task force.                                     
                                                                               
Number 1400                                                                    
                                                                               
MR. DeWITT replied, "You hit the toughest issue that the task force            
tried to grapple with right on the head."  The task force                      
ultimately decided that there should be some punishment for schools            
in bad shape and some reward for schools in good shape, but the                
people who suffer are the kids, not the people who make the                    
mistakes.  In terms of public buildings, there is enough finger                
pointing and blame to go around between the administration,                    
legislature, and everybody who is part of the problem.  The task               
force decided that the best thing to do is to try to put these                 
things into place so that we don't have to revisit them.                       
                                                                               
Number 1475                                                                    
                                                                               
REPRESENTATIVE DYSON stated fire is still one of the scourges of               
the Arctic and sub-Arctic.  He asked whether there should be a                 
requirement for a fire prevention/suppression plan.                            
                                                                               
Number 1503                                                                    
                                                                               
MR. MORGAN replied the state fire marshall about one and a half                
years ago passed emergency regulations requiring a sprinkler system            
in all schools.  Thus, any new school or one undergoing renovation             
needs a sprinkler system in order to get the plan approved by the              
state fire marshall.                                                           
                                                                               
Number 1535                                                                    
                                                                               
REPRESENTATIVE VEZEY asked Mr. Morgan whether the requirements                 
under Section 14.11.011 are working.                                           
                                                                               
MR. MORGAN replied they appear to be working.  He said he has seen             
an improvement in the plans offered and an incremental process in              
the evidence to show that the school districts are doing a better              
job.                                                                           
                                                                               
Number 1568                                                                    
                                                                               
REPRESENTATIVE VEZEY stated the objective is for better public                 
facilities, not a better process.  Are we or are we not doing a                
better job?  Are we or are we not doing a good job under the                   
existing statute in maintaining our facilities?                                
                                                                               
MR. MORGAN replied in many instances we could be doing a better                
job.                                                                           
                                                                               
REPRESENTATIVE VEZEY stated one of the proposed changes results in             
better public facilities.                                                      
                                                                               
MR. MORGAN stated over the long term they will.                                
                                                                               
REPRESENTATIVE VEZEY asked Mr. Morgan how is that.                             
                                                                               
MR. MORGAN replied primarily because of (B) on page 2, line 21 of              
the bill.  It starts to address the full range of the components of            
a building.  Typically, people think of the mechanical side of                 
deferred maintenance such as motors and pumps.  Subsection (B) asks            
people to consider the mechanical systems, as well as the walls,               
floors, roofs, interiors and exteriors, for example.  It asks for              
preventative maintenance on the full range of the components and               
because many of those components have been left out of traditional             
preventative maintenance programs it should help in the long run.              
                                                                               
REPRESENTATIVE VEZEY asked Mr. Morgan whether it would help prevent            
some of the major problems.                                                    
                                                                               
MR. MORGAN replied that's correct.  Maintenance problems would be              
caught before becoming too aggravated.  He cited a leaky roof as an            
example.                                                                       
                                                                               
REPRESENTATIVE VEZEY asked Mr. Morgan whether he is saying there               
needs to be more resources put into maintenance.  There is a big               
difference between studying it and doing it.  The only thing that              
he has seen come from the task force is setting a new record for               
studying the problem.  He has not seen any commitment to fix a                 
single thing.  Representative Vezey said, "If we're going to write             
a directive that's going to improve maintenance, let's not direct              
it at the people who are trying to do the maintenance.  From my                
experience traveling all over the state, there are some pretty                 
competent people working at these facilities, and given the                    
resources they would do an incredible job and know when to ask for             
help when they need it.  But, what about the school boards and the             
legislature and the municipal assemblies that act to provide the               
means to do this.  Are we giving them guidelines?  Are we giving               
them mandates?  It just doesn't do any good to berate the                      
facility's manager because he works out of the budget."                        
                                                                               
MR. MORGAN agreed one of the problems with the maintenance issue is            
funding.                                                                       
                                                                               
Number 1772                                                                    
                                                                               
REPRESENTATIVE VEZEY asked how this ties into the proposal for a               
prototypical design.                                                           
                                                                               
Number 1784                                                                    
                                                                               
MR. DeWITT replied a prototypical design is getting a quality                  
facility that is easier to maintain including implementation of a              
maintenance program.                                                           
                                                                               
Number 1814                                                                    
                                                                               
CHAIR JAMES stated one method to make maintenance easier is the                
choice of components that go into a school.  In other words, the               
components should be uniform and the parts should be available in              
the state.  In addition, there is a problem because some schools               
are owned by boroughs and some schools are owned by the state.  She            
believes, personally, that the legislature has a bigger                        
responsibility for the schools owned by the state.  The                        
legislature, therefore, has the authority to require components                
that work well for a better overall plan.                                      
                                                                               
Number 1892                                                                    
                                                                               
REPRESENTATIVE VEZEY stated he doesn't understand requiring a plan             
for a prototypical design when there isn't anything in the bill                
that mandates the authority to fund a maintenance program.                     
                                                                               
Number 1916                                                                    
                                                                               
MR. DeWITT stated HB 315, addresses the issue of accomplishing what            
Representative Vezey is driving at - operating appropriations for              
maintenance.  The task force heard a lot about whether or not the              
legislature intends for the money that it has appropriated to be               
used for building maintenance or program implementation.  An                   
administrator can look at the money and decide where to spend it.              
                                                                               
Number 1968                                                                    
                                                                               
CHAIR JAMES stated the same amount of money under the foundation               
formula for maintenance has been given to the bush schools.  Some              
are doing a good job while some are not.  There is the issue of                
making sure that schools focus on maintenance.  In addition, there             
has been a suggestion for a line-item in the budget on maintenance.            
She agrees that there is no point in putting in a plan if it is not            
funded.                                                                        
                                                                               
Number 2011                                                                    
                                                                               
REPRESENTATIVE IVAN M. IVAN asked whether the department provides              
technical guidance for the folks in the Rural Education Attendance             
Areas (REAAs).  He said he doesn't believe that they should not                
have a preventative maintenance program in place.                              
                                                                               
Number 2064                                                                    
                                                                               
MR. MORGAN replied the department published a handbook on                      
preventative maintenance last year.  The department also forwards              
the best programs to requesters for ideas to improve their own                 
programs.                                                                      
                                                                               
Number 2102                                                                    
                                                                               
REPRESENTATIVE IVAN asked Mr. Morgan whether a program gets funded             
if the department doesn't agree with its preventative maintenance              
plan.                                                                          
                                                                               
MR. MORGAN replied currently that is not the case.  There are two              
aspects involved - a statutory requirement for a preventative                  
maintenance program in order to be eligible for funding, and a                 
ranking based on effectiveness.  Thus, if there is a program but it            
is not very effective, it means it might not be ranked as high as              
a program that is very effective.                                              
                                                                               
Number 2133                                                                    
                                                                               
REPRESENTATIVE IVAN asked whether the proposed committee substitute            
caps the matching grant program.                                               
                                                                               
MR. DeWITT replied, "Yes."                                                     
                                                                               
REPRESENTATIVE IVAN stated he doesn't have a problem with that.  It            
has worked well in his community.  The blueprints and building                 
plans have to be reviewed by the fire marshall.                                
                                                                               
Number 2155                                                                    
                                                                               
REPRESENTATIVE DYSON stated there are a limited number of tools and            
he sees the bill as a precondition as a good steward for a new                 
facility.                                                                      
                                                                               
Number 2206                                                                    
                                                                               
REPRESENTATIVE ELTON asked, for clarification, whether Sections 2              
and 3 refer to capital grant programs.                                         
                                                                               
Number 2227                                                                    
                                                                               
MR. DeWITT replied, "Correct."  The bill requires the same from                
grants made to municipalities, not just schools.  The task force               
found that there are a lot of municipalities that get facilities               
through state grants that are coming back to the legislature for               
repairs and maintenance.  The intent is for a broad coverage so                
that when state funds go out, they go to folks who have a                      
commitment to maintain facilities to save money over the long term.            
                                                                               
Number 2266                                                                    
                                                                               
REPRESENTATIVE VEZEY wondered how the bill would apply to an                   
obsolescent facility.                                                          
                                                                               
Number 2284                                                                    
                                                                               
MR. DeWITT replied the notion of a preventive maintenance program              
applies to all facilities.  It probably wouldn't save a building               
that is obsolete.  There would probably be a request for a new                 
grant at which time the bill would require a preventative                      
maintenance program.  The bill doesn't mandate a maintenance                   
program in every building today, but it does mandate one when                  
additional money is being asked for through grants.                            
                                                                               
Number 2359                                                                    
                                                                               
REPRESENTATIVE MARK HODGINS asked when did the task force figure               
the money would get in the mail.                                               
                                                                               
Number 2368                                                                    
                                                                               
MR. DeWITT replied through the appropriation process.  The next                
bill scheduled today, HB 315, will help clarify the appropriation              
process and focus dollars on maintenance.                                      
                                                                               
REPRESENTATIVE HODGINS asked whether that would be this year or                
next year.                                                                     
                                                                               
MR. DeWITT replied that with the changing price of oil and to the              
extent that there are limited operational funds, there will                    
probably be limited capital funds as well.                                     
                                                                               
Number 2397                                                                    
                                                                               
REPRESENTATIVE BERKOWITZ stated that there seems to be a good                  
carrot-and-stick approach for the state to use vis- -vis the                   
municipalities, but he doesn't see a reciprocal requirement on the             
state.  There isn't conditional language for the state to fund any             
maintenance.                                                                   
                                                                               
Number 2421                                                                    
                                                                               
CHAIR JAMES stated the funds are all part of the appropriation                 
process.  Funding cannot be mandated.                                          
                                                                               
REPRESENTATIVE BERKOWITZ replied the legislature can require the               
Department of Education to budget for it.  It is a separate issue,             
however, whether or not the legislature funds it.                              
                                                                               
Number 2440                                                                    
                                                                               
MR. MORGAN stated the department budgets for capital requests for              
department facilities such as Mt. Edgecumbe.  The process for                  
capital requests for school districts is laid out in Section 14.11             
and is a separate process.  It is not part of the department's                 
request.  It is part of the governor's capital program.                        
                                                                               
Number 2464                                                                    
                                                                               
REPRESENTATIVE BERKOWITZ commented that if the state says to any               
agency to do something then it should be required to respond at                
some point from the legislature.                                               
                                                                               
Number 2470                                                                    
                                                                               
CHAIR JAMES stated there are a lot of unfunded mandates.  She                  
agrees that they aren't good.  Having gone to the bush areas...                
                                                                               
TAPE 98-21, SIDE B                                                             
Number 0000                                                                    
                                                                               
CHAIR JAMES continued.  They all have the same amount of money from            
the foundation formula to spend on facilities.  Therefore, putting             
the focus on the need for it will shore up the ability to get                  
things done.  In addition, the component of simplifying maintenance            
and making it less expensive in the long run will also maximize the            
use of funds.                                                                  
                                                                               
Number 0027                                                                    
                                                                               
REPRESENTATIVE VEZEY stated Section 2 addresses municipal                      
facilities and the state's contribution.                                       
                                                                               
MR. MORGAN replied, "Correct."                                                 
                                                                               
REPRESENTATIVE VEZEY stated Section 3 addresses state or agency                
facilities.                                                                    
                                                                               
MR. MORGAN replied Section 3 addresses unincorporated boroughs.                
                                                                               
REPRESENTATIVE VEZEY stated a mandate is not being put on state                
agencies.                                                                      
                                                                               
MR. MORGAN stated HB 312 accomplishes that.                                    
                                                                               
Number 0083                                                                    
                                                                               
REPRESENTATIVE ELTON asked Mr. DeWitt what would happen if the                 
legislature appropriated money for an unmatched grant program.  He             
asked if the department would then have to say no if there isn't a             
plan in place acceptable to the department.  Whose vision or                   
statute would prevail?  Would the appropriation prevail over this              
requirement or does this requirement prevail over the appropriation            
so that the department has to say no?                                          
                                                                               
Number 0111                                                                    
                                                                               
MR. DeWITT replied, in his judgement, this would prevail.  There               
are a number of conditions prior to getting dollars from the state.            
The legislature makes an appropriation and asks the agency to make             
sure that it is in proper form before it goes out.                             
                                                                               
CHAIR JAMES asked for a motion to move the bill out of the                     
committee.                                                                     
                                                                               
Number 0145                                                                    
                                                                               
REPRESENTATIVE DYSON made a motion to move the proposed committee              
substitute for HB 313, version 0-LS1217\F, Cook, dated 2/9/98, out             
of the committee with individual recommendations and the attached              
fiscal note(s).  There being no objection, CSHB 313(STA) moved from            
the House State Affairs Standing Committee.                                    
                                                                               
CONFIRMATION HEARING                                                           
                                                                               
Alaska Public Offices Commission                                               
                                                                               
CHAIR JAMES announced the next order of business was the                       
confirmation hearing of Philip P. Volland to the Alaska Public                 
Offices Commission (APOC).                                                     
                                                                               
CHAIR JAMES asked Mr. Volland to give a brief overview of his                  
qualifications and why he would like to serve on the commission.               
                                                                               
Number 0187                                                                    
                                                                               
PHILIP R. VOLLAND, Appointee to the Alaska Public Offices                      
Commission, stated he is not sure why the Governor thought he would            
be well suited for the appointment.  His background lends itself to            
similar quasi-judicial work that the commission does.  For over six            
years, he was on the Board of Governors for the Alaska Bar                     
Association which works in a similar fashion as the APOC.  The                 
association reviews staff recommendations regarding penalties for              
violations of the various laws it administers, disciplines                     
attorneys, and approves ethic opinions requiring the application               
and judgement of the law and facts.  It is also helpful that he is             
a lawyer for analyzing statutes and applying fact patterns for                 
problem resolutions.                                                           
                                                                               
MR. VOLLAND further stated that this isn't something he wanted to              
do.  He did not grow up wanting to be a member of the APOC, but he             
takes public service seriously.  It is important for people with               
experience to volunteer their services and to work on boards or                
commissions.  He was asked to serve and has made a commitment to do            
that.  It is a sacrifice.  It takes away from his practice.  It is             
disingenuous to say it is something that he wants to do, but he has            
made a commitment and will follow through on it.                               
                                                                               
CHAIR JAMES stated he has at least exerted the willingness.                    
                                                                               
Number 0305                                                                    
                                                                               
REPRESENTATIVE VEZEY asked Mr. Volland whether he has any                      
experience in political campaigns.                                             
                                                                               
MR. VOLLAND replied he does not have experience in campaigns other             
than by periodically giving money to candidates.  He has experience            
in the political arena at large as a lobbyist.   For six to eight              
years, until his appointment, he was a registered lobbyist and                 
practiced for a good three to four years in Juneau.                            
                                                                               
Number 0351                                                                    
                                                                               
REPRESENTATIVE VEZEY stated he served on the APOC for a little over            
two years.  He asked Mr. Volland whether he has a personal or                  
professional interest in the subject of campaign finance, lobbying,            
or conflict of interest regulations that the commission is charged             
with regulating.                                                               
                                                                               
Number 0377                                                                    
                                                                               
MR. VOLLAND replied the issues associated with campaign finance and            
disclosure with the new law will be interesting and challenging.               
It is not something that he has done as part of his profession.                
Mr. Volland said he has had an interest in the regulation of                   
lobbying because he was regulated and understands the steps that               
the people have to go through.                                                 
                                                                               
Number 0403                                                                    
                                                                               
REPRESENTATIVE VEZEY stated he is searching for whether or not Mr.             
Volland has an interest and willingness to devote the time it will             
take to become an expert in this esoteric area of the law.                     
                                                                               
MR. VOLLAND replied he would not have agreed to the appointment if             
he wasn't willing to make the commitment.                                      
                                                                               
Number 0432                                                                    
                                                                               
REPRESENTATIVE BERKOWITZ declared a conflict of interest because he            
knows Mr. Volland personally.                                                  
                                                                               
CHAIR JAMES noted his conflict for the record.                                 
                                                                               
CHAIR JAMES called for a motion to forward Mr. Volland's name to               
the floor of the House of Representatives for confirmation.  She               
noted that the motion does not necessarily indicate support of the             
confirmation.                                                                  
                                                                               
Number 0450                                                                    
                                                                               
REPRESENTATIVE VEZEY wondered what part of the board makeup is Mr.             
Volland fulfilling - two members from the party that received the              
most votes, two members from the party that received the second                
most votes, and one appointed by the four members.                             
                                                                               
CHAIR JAMES asked Mr. Volland to indicate his political                        
affiliation.                                                                   
                                                                               
MR. VOLLAND replied he understands he was appointed for one of the             
vacant Democrat positions.                                                     
                                                                               
REPRESENTATIVE VEZEY stated there is no requirement that the                   
individual be affiliated with any party or be nonpartisan.                     
                                                                               
CHAIR JAMES asked Mr. Volland whether he knows who recommended him             
to the Governor.                                                               
                                                                               
MR. VOLLAND replied, "I do not know."                                          
                                                                               
Number 0525                                                                    
                                                                               
REPRESENTATIVE IVAN wondered how the APOC is executing the new                 
disclosure law effective January 1, 1998.                                      
                                                                               
Number 0545                                                                    
                                                                               
REPRESENTATIVE ELTON made a motion to move the nomination of Philip            
R. Volland to the Alaska Public Offices Commission forward.  There             
being no objection, it was so ordered.                                         
                                                                               
State Commission for Human Rights                                              
                                                                               
CHAIR JAMES announced the next order of business was the                       
confirmation hearing of Ruth Gronlid Benson to the State Commission            
for Human Rights.                                                              
                                                                               
CHAIR JAMES asked Ms. Benson to tell the committee members about               
herself and why she is interested in serving on the commission.                
                                                                               
Number 0580                                                                    
                                                                               
RUTH GRONLID BENSON, Appointee to the State Commission for Human               
Rights, stated she is at the end of a long career in public health             
nursing.  Her work as a nurse has been entirely with human beings              
and she would like to continue her interest in human beings and                
their personal rights and political employments.  It is a                      
fascinating field to be associated with and she looks forward to               
working with the commission.                                                   
                                                                               
Number 0608                                                                    
                                                                               
REPRESENTATIVE ELTON asked Ms. Benson how an "Oly" from St. Olaf               
College ended up in the Presbyterian Church.                                   
                                                                               
MS. BENSON replied the Presbyterian Church was just two miles down             
the road when her family moved to Fairbanks.                                   
                                                                               
Number 0648                                                                    
                                                                               
REPRESENTATIVE ELTON stated as a former Oly he will forgive her.               
                                                                               
CHAIR JAMES called on a motion to move Ms. Benson's nomination                 
forward.                                                                       
                                                                               
Number 0659                                                                    
                                                                               
REPRESENTATIVE IVAN made a motion to move Ruth Gronlid Benson's                
nomination to the State Commission for Human Rights forward.  There            
being no objection, it was so moved.                                           
                                                                               
Alaska Public Offices Commission                                               
                                                                               
CHAIR JAMES announced the next order of business was the                       
confirmation hearing of Kathleen Harrington to the Alaska Public               
Offices Commission.                                                            
                                                                               
CHAIR JAMES asked Ms. Harrington to tell the committee members                 
about herself and why she wants to be a member of the commission.              
                                                                               
Number 0687                                                                    
                                                                               
KATHLEEN HARRINGTON, Appointee to the Alaska Public Offices                    
Commission, stated she was asked by the Governor's office to                   
consider the appointment.  When she learned about the work of the              
commission and especially the passage of the new law, she                      
discovered it would be interesting and challenging.  She said she              
has an interest, in general, of electoral politics.  She has given             
the appointment a great deal of thought in terms of the time                   
commitment and is prepared to spend the necessary time to become               
educated on the new law and apply it fairly and reasonably as it               
evolves over the next couple of years.                                         
                                                                               
Number 0734                                                                    
                                                                               
CHAIR JAMES agreed with Ms. Harrington that it will be a challenge.            
                                                                               
Number 0741                                                                    
                                                                               
REPRESENTATIVE VEZEY asked Ms. Harrington, as an officer of the                
court, how she would react to the enforcement of the law if she                
felt it was unconstitutional.                                                  
                                                                               
Number 0765                                                                    
                                                                               
MS. HARRINGTON replied, as a member of a regulatory body, the                  
obligation as a commissioner is to apply the law as written fairly             
and reasonably.  The courts are the place for disagreement of a law            
in regards to its constitutionality.  The staff of the commission              
has a great interest in providing information to all parties about             
the law so that there isn't any surprise and that people can comply            
with the law as written.                                                       
                                                                               
Number 0812                                                                    
                                                                               
REPRESENTATIVE VEZEY asked Ms. Harrington whether she knows who                
nominated her to the Governor's office.                                        
                                                                               
MS. HARRINGTON replied, "No."                                                  
                                                                               
CHAIR JAMES called for a motion to move Ms. Harrington's                       
confirmation forward.                                                          
                                                                               
Number 0827                                                                    
                                                                               
REPRESENTATIVE ELTON made a motion to move the confirmation of                 
Kathleen Harrington to the Alaska Public Offices Commission                    
forward.  There being no objection, it was so ordered.                         
                                                                               
Select Committee on Legislative Ethics                                         
                                                                               
CHAIR JAMES announced the next order of business was the                       
appointment of Dennis E. "Skip" Cook to the Select Committee on                
Legislative Ethics.                                                            
                                                                               
CHAIR JAMES asked Mr. Cook to tell the committee members about                 
himself and why he would like to serve on the committee.                       
                                                                               
Number 0846                                                                    
                                                                               
DENNIS E. "SKIP" COOK, Appointee to the Select Committee on                    
Legislative Ethics, stated he was born and raised in Fairbanks.  He            
pointed out that he is a lawyer and involved in a number of                    
community organizations.  He was called by Chief Justice Warren                
Matthews and asked whether he would serve on the committee.  He had            
not given it any thought previously, but is willing to serve for               
many of the same reasons Mr. Volland stated earlier.  He informed              
the committee that he believes in public service and feels he can              
contribute something.  He said he is willing to spend the time                 
necessary to be of service.  He informed the committee that he                 
believes in ethics in all fields of endeavors - legislative,                   
executive and judicial.  Mr. Cook stated he has been involved in a             
highly regulated profession for almost all of his entire work life             
and he knows the need for ethics and the oversight of ethics.                  
                                                                               
Number 0949                                                                    
                                                                               
REPRESENTATIVE ELTON stated, for the record, he is a member of the             
Select Committee on Legislative Ethics.                                        
                                                                               
CHAIR JAMES noted it will be considered for the record.                        
                                                                               
CHAIR JAMES asked for a motion to move Mr. Cook's nomination                   
forward.                                                                       
                                                                               
Number 0959                                                                    
                                                                               
REPRESENTATIVE BERKOWITZ made a motion to move the confirmation of             
Dennis E. "Skip" Cook to the Select Committee on Legislative Ethics            
forward.  There being no objection, it was so ordered.                         
                                                                               
HB 315 - OPERATING APPROPRIATIONS FOR MAINTENANCE                              
                                                                               
Number 0979                                                                    
                                                                               
CHAIR JAMES announced the last order of business would be HB 315,              
"An Act relating to operating appropriations for annual maintenance            
and repair and periodic renewal and replacement of public buildings            
and facilities; and providing for an effective date," sponsored by             
Representative Mulder.  Chair James called for an at-ease at 11:16             
p.m.  She called the meeting back to order t 11:24 p.m.                        
                                                                               
Number 0982                                                                    
                                                                               
DENNIS DeWITT, Legislative Assistant to Representative Eldon                   
Mulder, Alaska State Legislature, came before the committee to                 
present HB 315.  He informed the committee members that during the             
interim he was staff to the Deferred Maintenance Task Force.  He               
explained that before the committee is a committee substitute for              
a proposed committee substitute for HB 315.                                    
                                                                               
REPRESENTATIVE IVAN made a motion to adopt the proposed committee              
substitute dated 2/16/98, Version B.  There being no objection,                
Version B was before the committee.                                            
                                                                               
MR. DeWITT explained the proposed committee substitute for HB 315              
focuses the need for budgeting maintenance in the annual budgeting             
process.  Section 1 amends the Executive Budget Act to require that            
as part of the operational budget there should be line item                    
requests for maintenance needs.  Section 2 defines maintenance                 
repair, renewal, replacement and operations.  Section 3 provides               
for a July 1, 1998, effective date so that they hopefully will look            
at the preparation of the 2000 budget, which is done the fall of               
1998.                                                                          
MR. DeWITT explained, "The purpose of this is to focus the debate              
on whether or not in the budget requests, and in the budget                    
discussions and the enactment of the budget, proper attention is               
given to maintenance and that decisions are made as to whether or              
not appropriations to an agency are clearly defined as what's for              
program and what's for maintenance of facilities.  Currently, many             
of you have seen the process we use for budgeting, and in the                  
component that we'll look at, it'll include personnel services,                
travel, contractual commodities, equipment, land buildings, grants,            
claims and miscellaneous.  Within that is the issue of maintenance             
of facilities.  The problem that the task force noted as it moved              
around the state was that there were many managers that felt that              
the legislature had not adequately funded the maintenance                      
component.  There were many legislators who felt that indeed the               
appropriation had been made for maintenance, but that program                  
managers opted to use that money to enhance their program rather               
than for maintenance."                                                         
                                                                               
MR. DeWITT stated that if you separate the traditional activity for            
the programs from the maintenance issue, then clearly the                      
discussion would be on what should be allocated toward maintenance             
and what should be allocated toward program operations.  When the              
decision is made, there will be accountability both in terms of the            
requests that are made and in terms of the appropriation that is               
made at the legislative level as to what monies are to go for                  
program operation and what will go toward maintenance activities.              
                                                                               
MR. DeWITT informed the committee that he worked with the                      
Department of Transportation and Public Facilities (DOT/PF).  He               
noted that the DOT/PF is a little different than most of the state             
agencies because their primary function is maintenance and                     
operation.  In the process proposed in the legislation, most of                
their budget would be in the line item relative to maintenance and             
operation.  He said that would be different for most of the other              
agencies.  Mr. DeWitt stated that he appreciated the work that the             
department did on the draft committee substitute, and he believes              
that they both understand the bill.  The debate that will be                   
created as a result of this action will be most interesting to                 
watch over the next couple of years.                                           
                                                                               
Number 1224                                                                    
                                                                               
CHAIR JAMES asked if the bill only includes public buildings and               
not schools.                                                                   
                                                                               
MR. DeWITT responded in the affirmative.  He added that the schools            
will continue to be funded through the foundation formula.                     
                                                                               
CHAIR JAMES asked Mr. DeWitt if he has given any thought to include            
in the foundation formula a maintenance item.                                  
                                                                               
MR. DeWITT explained that during the course of the task force,                 
there was several discussions on that issue.  He said while he did             
not research it, he was led to believe that they had already                   
indicated that the foundation formula included in it maintenance               
dollars.  He said he doesn't recall broad discussion, but he does              
recall speaking to members of the task force at different points               
and his recollection of most of the discussion was that making that            
cut was more the responsibility of the board rather than the                   
legislature.                                                                   
                                                                               
Number 1324                                                                    
                                                                               
CHAIR JAMES referred to the renewal and replacement and asked if               
there is currently authority for a sinking fund where allocations              
could be made into that account for renewal and replacement so the             
money would be there when it is needed.                                        
                                                                               
MR. DeWITT explained there is real difficulty with renewal and                 
replacement funds because of the lapse date of operating funds.                
That is an issue that is very difficult to get hold of when making             
annual budgets and the dollars lapse if they're not encumbered or              
expended.  They don't have a sinking fund ability that he is aware             
of.                                                                            
                                                                               
CHAIR JAMES referred to the Administration planning to implement a             
Rent Program and said they have to have a fund to put the rent                 
monies into for maintenance and so forth.  She asked if that is a              
fund that could be used for the same thing.  She said, "If there is            
a line item, as an example, for maintenance and it includes these              
things.  With renewal and replacement, you know, not necessarily               
spend that money this year."                                                   
                                                                               
MR. DeWITT indicated he hasn't seen the proposal.  He said if it               
has an ability to hold those dollars beyond the lapse date, his                
expectation of what would happen is those funds that were                      
allocated for long-term renewal and replacement would be, under our            
system, extended into that fund.  He said he believes that would               
help with the lapse date problem.                                              
                                                                               
Number 1475                                                                    
                                                                               
REPRESENTATIVE VEZEY said, "I'm still a little confused on [AS]                
37.07.020.  What facilities are we talking about?  Facilities I was            
told in the unincorporated borough - unincorporated area -                     
unincorporated borough -- I just haven't, in my mind, pictured what            
facilities those are."                                                         
                                                                               
MR. DeWITT referred to [AS] 37.07.020 and said it is the section of            
the Executive Budget Act that articulates the responsibilities of              
the governor to prepare and submit to the legislature a budget.  He            
explained that what is being talked about with HB 315 is how                   
budgets are prepared by the Administration and transmitted to the              
legislature.                                                                   
                                                                               
Number 1554                                                                    
                                                                               
REPRESENTATIVE ELTON said it seems that the requirement makes sense            
because it elevates the issue of annual and periodic maintenance so            
that they don't get to a deferred maintenance problem.  He referred            
to the Northern Region and asked if, "Under a separate line item,              
are you going to expect that they will delineate, for example, how             
many maintenance dollars they'll need for rural airports, how many             
they'll need for the Parks Highway or the road to Eagle or -- or is            
that going to be lump sum?  It seems to me that to eliminate the               
finger pointing, a lump sum appropriation for maintenance is not               
going to do it because that doesn't get you down to the facility               
level or the transportation infrastructure level.  How do you                  
envision that being done in a manner that really does eliminate the            
finger pointing?"                                                              
                                                                               
MR. DeWITT explained that the prime mission of the DOT/PF is                   
basically maintenance and operation.  To the extent that the                   
subcommittees, through their work and the full committee, make a               
decision on how definitive that's going to be will have more or                
less specific accountability.  That is going to have to be left to             
them working that through.  Mr. DeWitt stated, "Currently, you can             
as a legislature, articulate as many line items or separate                    
appropriations as you wish or as few.  Typically, that's been done             
with reference to different programs within an agency, different               
divisions, different kinds of things.  Annual fee in the various               
budgets that are passed, one or just a few large appropriations or             
you may see a multitude of very small appropriations - part of the             
budgeting process.  What we're hoping to get with this, and maybe              
we could focus where it is a little more clear, again, let's use               
the pioneer home system which clearly has buildings, which clearly             
has a program operation and where we can clearly draw the line so              
we can decide whether or not cost of care or cost of facilities has            
been recognized either by the budget proposal or by the budget                 
enacted.  There I think you get the clear -- you'll have six                   
buildings, you'll have activities for six buildings outlined in                
components within an appropriation for maintenance and operation               
and you'll have the program activities outlined.  When you get to              
the Department of Transportation, as we found in the task force                
report, you can get down perhaps to the substation level where you             
have for a general area, maintenance and operation needs and                   
appropriation, perhaps by component or perhaps by specific                     
appropriation.  But it's very difficult to get an intersection or              
'X' number of miles on the Park Highway from mile 'X' to mile 'Y'              
in a budget document.  This doesn't solve all the problems, but I              
think it takes a step towards recognizing that.  What I think we'll            
find, unfortunately, in DOT is that this line item will become                 
their largest appropriation and however it's segregated by                     
component.  But we will begin to see a smaller line item of the                
program side operation of DOT.  We may have some interesting                   
discoveries in terms of what other things they're doing or what the            
importance is or, in terms of DOT, some program things that we have            
not been addressing because maintenance and operation has been                 
their primary thrusts -- wherein I think other departments will                
find that the program has been the primary thrust, but maintenance             
and operation has not been."                                                   
                                                                               
Number 1859                                                                    
                                                                               
REPRESENTATIVE ELTON referred to rents where DOT/PF charges off to             
a different agency the amount of money necessary to do the                     
maintenance and asked which agency will be required to delineate               
the maintenance cost.  He asked if it would be the agency pay the              
rent or the agency collecting the rent.                                        
                                                                               
MR. DeWITT said, "We currently appropriate, for the most part, to              
agencies the money to deal with their facility.  They then contract            
through a reimbursable services agreement to DOT/PF, or sometimes              
they do it on their own, to come in and do the work.  So my                    
expectation is that the -- if it were a perfect world and I were               
running it, I would suggest that the cost of operation for the                 
agency be funded through that agency's appropriation and then they             
contract to have services done, whether they purchase it from DOT              
or an outside contractor, or do it internally with their own                   
maintenance people."                                                           
                                                                               
REPRESENTATIVE ELTON discussed charging costs off to several                   
different agencies and said his concern is that he doesn't want                
what is being put into law to get in the way of dealing with real              
facility costs that might be dealt with in the rental concept.                 
                                                                               
MR. DeWITT said he doesn't think that'll be the case.  He said this            
can certainly begin to highlight the rent number to the extent that            
they meet their rent for space utilized in the State Office                    
Building.  He said it would include heat, lights, snow plowing, and            
fixing the steps as well as the parking places.  He said it would              
be allocated as it would be for any other commercial building.                 
Through the Administration there will be some arguments about                  
whether the rent number is right or not right, or whether it's fair            
or not fair.                                                                   
                                                                               
REPRESENTATIVE ELTON stated he is less concerned about the agency              
end than he is about the straightjacket that may be put upon DOT               
who owns the State Office Building and whether or not that                     
straightjacket will give them the latitude to institute that kind              
of a program.                                                                  
                                                                               
MR. DeWITT said he doesn't see that to be a problem.                           
                                                                               
Number 2229                                                                    
                                                                               
CHAIR JAMES asked Mr. DeWitt if the maintenance of these building              
would be in the same line item as the maintenance of roads and                 
airports.                                                                      
                                                                               
MR. DeWITT responded that it would be a line item, but he expects              
it would not be the same line item.  It should be separated out.               
Mr. DeWitt explained, "The maintenance and operation of a building             
can be accomplished either through the owner -- if it's the agency             
we're appropriating to, using that money to take care of window                
seals and whatever, or it can be accomplished by paying rent to the            
agency that owns the building."  He referred to the rent concept               
and said he would expect that they could fund rents through this               
particular line item.  Mr. DeWitt pointed out that it is a pilot               
program and he thinks those are some of the questions that will get            
answered.  He said the money appropriated would go to the agency               
and be RSA(ed) either to DOT or through contractual services to                
someone else, or it would be done by the people that work there.               
                                                                               
TAPE 98-22, SIDE A                                                             
Number 0001                                                                    
                                                                               
MR. DeWITT stated there is some balancing that will naturally occur            
in the budget.                                                                 
                                                                               
REPRESENTATIVE VEZEY stated, "We have considerable difficulties in             
our efforts to micro manage the Administration and their budgets."             
He asked what the consequences would be if the agency put forth a              
very adequate maintenance budget and the legislature doesn't fund              
it.                                                                            
                                                                               
CHAIR JAMES responded, "Well then the buck stops here.  That's the             
whole issue."                                                                  
                                                                               
REPRESENTATIVE VEZEY said, "So all the planning process just goes              
up in smoke and we're back where we're at now?"                                
                                                                               
CHAIR JAMES responded that she thinks Representative Vezey is                  
right.  She said that is the problem the legislature has when                  
setting the appropriation process.  There is no guarantee of the               
appropriation until it has gone through the legislative process.               
                                                                               
REPRESENTATIVE VEZEY asked what if the legislature does appropriate            
the money and the Administration uses the authority that the                   
legislature has given them to transfer that money.                             
                                                                               
Number 0148                                                                    
                                                                               
MR. DeWITT explained that when separate appropriations are used,               
agencies cannot move money across appropriations.  They can move it            
across components within an appropriation.  He said if there is an             
agreement to put $100,000 in maintenance for the pioneers home                 
buildings, it would be inappropriate and probably illegal to hire              
an activities director with that money.  Mr. DeWitt explained, "The            
way we currently budget, you can sort of have that discussion and              
you make the appropriation in one line item.  All you have to do is            
move it from one component of that appropriation to another                    
component.  It's quite legal and quite easy to do and that's where             
the frustration is in terms of being able to assign accountability.            
The accountability that will be assigned will be in terms of the               
governor's budget coming to the legislature which will specify what            
they believe is necessary for programs and what they believe is                
necessary for maintenance.  And then the legislature's response, in            
terms of what if (indisc.), in terms of how it responds to those               
numbers."                                                                      
                                                                               
Number 0338                                                                    
                                                                               
REPRESENTATIVE VEZEY said, "Within and an appropriation for                    
maintenance, and we see this daily around here, we don't control -             
part of that goes to buying a computer to do the computerized                  
maintenance program which happens to be used for that 2 percent of             
the time and 98 percent for social schedules of the Administrative             
Department or whatever.  We don't control whether that goes for                
bricks an mortar or whether it goes for exempt personnel or                    
nonexempt personnel.  Our ability to micro manage has been a dismal            
failure in the past, I'm sure it will be in the future.  Where is              
the handle?  I don't quite understand what we think we're really               
controlling here."                                                             
                                                                               
MR. DeWITT responded, "There is the ability to articulate what it              
is the legislature would like to have done with the money spent,               
and if it is appropriated in a general appropriation as I showed               
you - how we do it now - you come back the next year and you have              
another fight over whether you should have -- and again let's use              
larger issues because certain the finite issues are very very                  
difficult, whether or not the money was used to maintain a building            
or whether the money was used to hire an activity director.  In our            
current strategy, we basically then go back and say, 'You shouldn't            
have done that,' and you try and put more line items in the budget             
and you could still move around because the maintenance components             
is still somewhat within the same budget.  There is no question in             
my mind that there will be those times when we buy a computer that             
is 2 percent for maintenance and 98 percent for other.  And those              
are the arguments that need to be had in the subcommittee and the              
full committee.  This simply allows us, I think, a better budget               
tool in terms of the input that's coming in to identify what's                 
maintenance and the output from the legislature that identifies                
what we intended for maintenance and we intended for programs.  Is             
it perfect?  No.  Will we get into scraps and arguments about                  
whether that maintenance item was fully maintenance or had a little            
program component in it.  No question in my mind, we will, but I               
think we'll reduce the arguments and differences to an area where              
there is a strong focus on whether maintenance is occurring.                   
Decisions will have to be made on whether or not we're going to                
fund maintenance.  And there is no way we can force funding or for             
that matter force spending, but at least we'll be able to identify             
and hold folks accountable and the voters will make their choices              
of which folks they want to be accountable."                                   
                                                                               
Number 0588                                                                    
                                                                               
REPRESENTATIVE BERKOWITZ said the way he reads the language in the             
bill, there will be three new line items.  One is for facility                 
operations, one is for maintenance and repair, and one for renewal             
and replacement.  He said it seems to him that if we are trying to             
delineate a category of maintenance, it should say that                        
specifically rather than having three subitems.                                
                                                                               
CHAIR JAMES said it is her understanding that (8), (9) and (10) are            
only definitions as opposed to line items.                                     
                                                                               
MR. DeWITT said that is correct.  He said as he reads them, they               
will be prepared and presented separately from the appropriation in            
(a).  He noted that the intent was that those three things would be            
identified for a separate appropriation.                                       
                                                                               
REPRESENTATIVE BERKOWITZ asked is it is one lump or in three                   
separate items.  Representative Berkowitz said "The way it's                   
written is 'proposed annual appropriations' and it itemizes 1, 2               
and 3 - 'must be presented separately.'  What we're trying to do is            
have a maintenance line item.  Is that correct?"                               
                                                                               
MR. DeWITT responded, "I think it says, 'separately from                       
appropriations for other proposed operating expenditures by the                
agency.'  So as I read it, as the intent was, as the drafter told              
me it worked, and again it's (indisc.).  There are these three will            
be funded separately from the rest of it and I think that could                
read as either 1 or 3 I suppose.  Frankly, from the perspective of             
where we're going, I'm not sure that having three separate would be            
disastrous, although I think at least in the early going, one would            
be easier to work with because we're taking a new step that's going            
to require some looks at new accounting and some different                     
responses."                                                                    
                                                                               
Number 0759                                                                    
                                                                               
CHAIR JAMES noted there is back up and an opportunity for footnotes            
in the budget.  She stated that it appears to her that facility                
operations, maintenance and repair, and renewal and replacement,               
all being separate things that are done, it appears that the money             
could be used amongst them.                                                    
                                                                               
MR. DeWITT responded that he believes that's true.                             
                                                                               
CHAIR JAMES stated that she would think that the footnote would be             
the delineation of what those numbers are calculated and not                   
necessarily what those number are actually.                                    
                                                                               
MR. DeWITT informed the committee that he envisions seeing three               
components in an appropriation, one for each.  He said he hasn't               
viewed it as three separate appropriations.  In listening to                   
Representative Berkowitz's interpretation, he thinks it is valid in            
that they could come in three separate as in one with three                    
components.  Mr. DeWitt said he thinks the operative issue is that             
it is separate from the other appropriations in the operating                  
budget.                                                                        
                                                                               
Number 0857                                                                    
                                                                               
JACK KREINHEDER, Senior Policy Analyst, Office of Management and               
Budget, Office of the Governor, came before the committee.  He                 
stated he would like to express agreement with Representative Vezey            
about micro management of the budget and he is glad to hear that               
they are in agreement on that subject.  He informed the committee              
that he has discussed the legislation with Annalee McConnell,                  
Director of the Office of Management and Budget.  Mr. Kreinheder               
explained that they are not taking a formal position for or against            
the legislation.  He said they are in full support of the overall              
goal of the bill which is adequate maintenance for state                       
facilities.  The question is, "Is this best approach to get there?"            
He stated the most important problem is not how the money is                   
budgeted, it's the lack of money.  When budgets are reduced or                 
inflation is absorbed as it has been, the most important thing is              
preserving services to the public.  Unfortunately, building                    
maintenance is one of those things you can get away with short                 
funding for awhile until it catches up to you.  He said the                    
intention is to address this issue in more detail when the                     
legislation gets to the Finance Committee.  He noted they don't                
have an objection to moving the bill.                                          
                                                                               
Number 0980                                                                    
                                                                               
CHAIR JAMES said you have to admit that for years maintenance has              
not been addressed in the proper way that it should be.  Nowhere               
have they ever dealt with renewal and replacement except in the                
capital budget.  She said she takes the position that if we can't              
take care of our buildings, they should be sold and we should lease            
them back from a private individual.                                           
                                                                               
MR. KREINHEDER referred to the question of would this legislation              
hinder our efforts on this rental structure that we're developing              
and said he hasn't thought of that, but he is fairly confident that            
it would not be a problem in that regard.                                      
                                                                               
Number 1085                                                                    
                                                                               
REPRESENTATIVE HODGINS made a motion to move CSHB 315, Version B,              
dated 2/16/98, out of committee with individual recommendations and            
with the attached fiscal notes.  There being no objection, CSHB
315(STA) moved out of the House State Affairs Standing Committee.              
                                                                               
HB 313 - PREVENTATIVE MAINTENANCE REQUIREMENT                                  
                                                                               
Number 1085                                                                    
                                                                               
CHAIR JAMES informed the committee members that it has been brought            
to her attention that there was a fiscal note for HB 313, which was            
heard earlier in the meeting.  She said the fiscal note, from the              
Department of Education, wasn't in her file.  It is for $88.3.  She            
said she would like a motion to make that part of the bill that was            
moved.                                                                         
                                                                               
REPRESENTATIVE HODGINS said, "So moved."  There being no objection,            
the fiscal note moved with the bill.                                           
                                                                               
ADJOURNMENT                                                                    
                                                                               
Number 1136                                                                    
                                                                               
CHAIR JAMES adjourned the House State Affairs Standing Committee               
meeting at 12:06 p.m.                                                          

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