Legislature(2017 - 2018)GRUENBERG 120

04/04/2017 03:00 PM STATE AFFAIRS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 190 REGULATION ADOPTION/ORAL COMMENT TELECONFERENCED
Heard & Held
-- Public Testimony --
+= HB 163 DPS LAW ENFORCE. SVCS: AGREEMENTS/FEES TELECONFERENCED
Heard & Held
*+ HB 158 APOC OFFICE LOCATIONS TELECONFERENCED
Heard & Held
+ HB 165 STATE PERSONNEL ACT: VETERANS TELECONFERENCED
Scheduled but Not Heard
*+ HJR 3 CONST. AM: 90 DAY REGULAR SESSION TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
             HOUSE STATE AFFAIRS STANDING COMMITTEE                                                                           
                         April 4, 2017                                                                                          
                           3:04 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Jonathan Kreiss-Tomkins, Chair                                                                                   
Representative Gabrielle LeDoux, Vice Chair                                                                                     
Representative Chris Tuck                                                                                                       
Representative Adam Wool                                                                                                        
Representative Chris Birch                                                                                                      
Representative DeLena Johnson                                                                                                   
Representative Gary Knopp                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Andy Josephson (alternate)                                                                                       
Representative Chuck Kopp (alternate)                                                                                           
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 158                                                                                                              
"An  Act relating  to  the  location of  offices  for the  Alaska                                                               
Public  Offices Commission  and  the locations  at which  certain                                                               
statements  and  reports  filed  with  the  commission  are  made                                                               
available."                                                                                                                     
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 190                                                                                                              
"An  Act relating  to the  presentation of  oral comments  on the                                                               
proposed adoption, amendment, or repeal of regulations."                                                                        
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 163                                                                                                              
"An  Act authorizing  the Department  of Public  Safety to  enter                                                               
into   agreements  with   nonprofit  regional   corporations  and                                                               
federal,  tribal, and  local government  agencies to  provide law                                                               
enforcement  services;  authorizing   the  Department  of  Public                                                               
Safety to collect fees for  certain law enforcement services; and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE JOINT RESOLUTION NO. 3                                                                                                    
Proposing amendments to the Constitution of the State of Alaska                                                                 
relating to the duration of regular sessions of the legislature.                                                                
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 165                                                                                                              
"An Act relating to hiring for positions in state service based                                                                 
on substitution of military work experience or training for                                                                     
civilian work experience or training requirements."                                                                             
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 158                                                                                                                  
SHORT TITLE: APOC OFFICE LOCATIONS                                                                                              
SPONSOR(s): REPRESENTATIVE(s) EASTMAN                                                                                           
                                                                                                                                
03/06/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/06/17       (H)       STA, FIN                                                                                               
04/04/17       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
                                                                                                                                
BILL: HB 190                                                                                                                  
SHORT TITLE: REGULATION ADOPTION/ORAL COMMENT                                                                                   
SPONSOR(s): REPRESENTATIVE(s) TALERICO                                                                                          
                                                                                                                                
03/22/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/22/17       (H)       STA                                                                                                    
03/28/17       (H)       STA AT 5:30 PM GRUENBERG 120                                                                           
03/28/17       (H)       Heard & Held                                                                                           
03/28/17       (H)       MINUTE(STA)                                                                                            
04/04/17       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
                                                                                                                                
BILL: HB 163                                                                                                                  
SHORT TITLE: DPS LAW ENFORCE. SVCS: AGREEMENTS/FEES                                                                             
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
03/08/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/08/17       (H)       STA, FIN                                                                                               
03/16/17       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
03/16/17       (H)       <Bill Hearing Canceled>                                                                                
03/21/17       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
03/21/17       (H)       Heard & Held                                                                                           
03/21/17       (H)       MINUTE(STA)                                                                                            
03/28/17       (H)       STA AT 5:30 PM GRUENBERG 120                                                                           
03/28/17       (H)       Heard & Held                                                                                           
03/28/17       (H)       MINUTE(STA)                                                                                            
03/30/17       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
03/30/17       (H)       Scheduled but Not Heard                                                                                
04/04/17       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
                                                                                                                                
BILL: HJR 3                                                                                                                   
SHORT TITLE: CONST. AM: 90 DAY REGULAR SESSION                                                                                  
SPONSOR(s): CLAMAN                                                                                                              
                                                                                                                                
01/18/17       (H)       PREFILE RELEASED 1/9/17                                                                                
01/18/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/18/17       (H)       STA, JUD, FIN                                                                                          
04/04/17       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE DAVID EASTMAN                                                                                                    
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented HB 158, as prime sponsor.                                                                      
                                                                                                                                
HEATHER HEBDON, Executive Director                                                                                              
Alaska Public Offices Commission (APOC)                                                                                         
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified during the hearing on HB 188.                                                                  
                                                                                                                                
JULIE MORRIS, Staff                                                                                                             
Representative Dave Talerico                                                                                                    
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented the proposed committee substitute                                                              
(CS) for HB 190 on behalf of Representative Talerico, prime                                                                     
sponsor.                                                                                                                        
                                                                                                                                
REPRESENTATIVE DAVE TALERICO                                                                                                    
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions during the hearing on HB                                                              
190, as prime sponsor.                                                                                                          
                                                                                                                                
SUSAN POLLARD, Chief Assistant Attorney General - Statewide                                                                     
Section Supervisor                                                                                                              
Legislation & Regulations Section                                                                                               
Civil Division (Juneau)                                                                                                         
Department of Law (DOL)                                                                                                         
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions during the hearing on HB                                                              
190.                                                                                                                            
                                                                                                                                
SARA CHAMBERS, Operations Manager                                                                                               
Division  of Corporations,  Business, and  Professional Licensing                                                               
(CBPL)                                                                                                                          
Department of Commerce, Community & Economic Development (DCCED)                                                                
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions  during the hearing on HB                                                             
190.                                                                                                                            
                                                                                                                                
PAMELA SAMASH                                                                                                                   
Nenana, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of HB 190.                                                                          
                                                                                                                                
WALT MONEGAN, Commissioner Designee                                                                                             
Department of Public Safety (DPS)                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Presented  the proposed committee substitute                                                             
(CS) for HB 163, labeled Version 30-GH1811/D, Martin, 3/30/17.                                                                  
                                                                                                                                
REPRESENTATIVE MATT CLAMAN                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Introduced HJR 3, as prime sponsor.                                                                      
                                                                                                                                
SARA PERMAN, Staff                                                                                                              
Representative Matt Claman                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented HJR  3 on behalf of Representative                                                             
Claman, prime sponsor.                                                                                                          
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:04:30 PM                                                                                                                    
                                                                                                                                
CHAIR  JONATHAN KREISS-TOMKINS  called  the  House State  Affairs                                                             
Standing   Committee    meeting   to    order   at    3:04   p.m.                                                               
Representatives Tuck,  Birch, Johnson, Knopp,  and Kreiss-Tomkins                                                               
were present  at the call  to order.  Representatives  LeDoux and                                                               
Wool arrived as the meeting was in progress.                                                                                    
                                                                                                                                
                  HB 158-APOC OFFICE LOCATIONS                                                                              
3:06:38 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS  announced that the first  order of business                                                               
would be HOUSE BILL NO. 158,  "An Act relating to the location of                                                               
offices  for  the  Alaska  Public   Offices  Commission  and  the                                                               
locations at which certain statements  and reports filed with the                                                               
commission are made available."                                                                                                 
                                                                                                                                
3:07:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   DAVID   EASTMAN,   Alaska   State   Legislature,                                                               
presented  HB 158,  as  prime  sponsor.   He  relayed that  under                                                               
current  state  statute,  the Alaska  Public  Offices  Commission                                                               
(APOC)  is required  to have  physical office  locations in  each                                                               
Senate district  in the state and  to have a central  office.  He                                                               
stated that  APOC is required  to make available paper  copies of                                                               
all filings made to the commission  at each of these locations as                                                               
well as  at the Office  of Lieutenant  Governor (OLG) and  at the                                                               
Legislative  Affairs   Agency  (LAA)   reference  library.     He                                                               
mentioned  that there  are about  13  offices for  which APOC  is                                                               
required to  provide paper  copies of the  filings.   He asserted                                                               
that the statute  is outdated:  there is no  mention of accessing                                                               
the filings through a website or submitting online reports.                                                                     
                                                                                                                                
REPRESENTATIVE  EASTMAN  stated  that  HB 158  would  reduce  the                                                               
statutory burden  on APOC:  APOC  would no longer be  required to                                                               
have physical office  locations in each Senate  district; it only                                                               
would be  required to maintain  one central office  with physical                                                               
copies of filings  available to the public; and  it would provide                                                               
information through the APOC website  and receive filings online,                                                               
which  is already  occurring.   He added  that HB  181 would  not                                                               
require any APOC policy change  but would give APOC the statutory                                                               
permission to do what it is already doing in an "internet age."                                                                 
                                                                                                                                
3:10:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KNOPP asked, "Do we have  an APOC office in all 20                                                               
Senate districts currently?"                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  replied,  "Currently  we do  not."    He                                                               
explained  that APOC  currently  is not  following state  statute                                                               
regarding this  requirement, and it  maintains that it  lacks the                                                               
funds to do so.                                                                                                                 
                                                                                                                                
REPRESENTATIVE KNOPP asked for the location of APOC offices.                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  responded that  APOC  has  an office  in                                                               
Anchorage and a smaller one in Juneau.                                                                                          
                                                                                                                                
REPRESENTATIVE KNOPP asked whether  the proposed legislation only                                                               
would  remove statutory  language; there  would be  no functional                                                               
changes.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  KNOPP answered  that the  functional changes  are                                                               
that  APOC neither  would be  required to  have offices  in every                                                               
Senate  district nor  be  required to  offer  access to  physical                                                               
documents  at the  OLG and  LAA locations.   He  stated that  the                                                               
documents  would be  handled at  a central  office designated  by                                                               
APOC.   He added  that there  would be  no requirement  that APOC                                                               
close offices,  but the requirement for  the [additional] offices                                                               
would be eliminated.                                                                                                            
                                                                                                                                
REPRESENTATIVE KNOPP  referred to Section  1(j) of HB  188, which                                                               
read,  "The commission  shall establish  a central  office".   He                                                               
asked  for clarification  of  the intent  of HB  188:   that  the                                                               
central office  has been established already,  that the Anchorage                                                               
office  will  be considered  the  central  office, or  APOC  will                                                               
establish a central office.                                                                                                     
                                                                                                                                
REPRESENTATIVE EASTMAN  replied that  his intent  is for  APOC to                                                               
determine which office will be the central office.                                                                              
                                                                                                                                
REPRESENTATIVE KNOPP  asked if APOC currently  is violating state                                                               
statute by not having an office in each Senate district.                                                                        
                                                                                                                                
REPRESENTATIVE EASTMAN answered, "That is correct."                                                                             
                                                                                                                                
CHAIR KREISS-TOMKINS  suggested that  the intent of  the proposed                                                               
legislation is both  to "clean up" statutes  that don't represent                                                               
practices  and  to  enact  a   functional  change  "bringing  the                                                               
statutes  into the  twenty-first century"  and acknowledging  the                                                               
possibility of digitizing records.                                                                                              
                                                                                                                                
REPRESENTATIVE EASTMAN  responded, "Absolutely."   He  added that                                                               
HB 188 would  set the following priorities:   ensuring that there                                                               
is a website; ensuring it  is functional; and allowing candidates                                                               
and groups  to use  the website  in place  of the  expectation of                                                               
many district offices.                                                                                                          
                                                                                                                                
3:13:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON  referred  to the  zero-fiscal  note  and                                                               
suggested that if offices will  be closed, the fiscal note should                                                               
be negative.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  answered  that  if there  were  a  dozen                                                               
offices across the state, there  would be a negative fiscal-note;                                                               
however,  since the  budget has  not allowed  for those  offices,                                                               
there would be no savings due to office closures.                                                                               
                                                                                                                                
REPRESENTATIVE JOHNSON asked for the number of APOC offices.                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN replied  that  he only  is  aware of  the                                                               
office in Anchorage and a satellite office in Juneau.                                                                           
                                                                                                                                
REPRESENTATIVE  JOHNSON asked  if under  HB 188,  one of  the two                                                               
offices would be closed.                                                                                                        
                                                                                                                                
REPRESENTATIVE EASTMAN answered  that under HB 188,  it would not                                                               
be required that one of  the offices close; the requirement would                                                               
be that  only one office  is required  and APOC must  establish a                                                               
central office.   He added that  APOC could choose to  have three                                                               
offices.  He conjectured that later  APOC could decide it has the                                                               
resources for 20  offices, but he opined that  possibility is not                                                               
likely.                                                                                                                         
                                                                                                                                
3:14:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WOOL   summarized  as   follows:     the  statute                                                               
currently requires  one office  in each  of 20  Senate districts;                                                               
APOC has  not been abiding  by the statute  as it has  two Senate                                                               
district  offices -  one  in  Anchorage and  one  in Juneau;  the                                                               
proposed legislation  would change  the statutory  requirement to                                                               
one office,  which would allow  APOC to close the  Juneau office;                                                               
there would  be one centralized  statewide office; and  all other                                                               
transmittals  would be  electronic.   He  asked  if the  proposed                                                               
legislation requires  one office, or  if APOC could  maintain the                                                               
office in Juneau, as well.                                                                                                      
                                                                                                                                
REPRESENTATIVE  EASTMAN  explained  that  the  statute  currently                                                               
requires APOC  to have between  12 and 20  offices.  There  is an                                                               
exemption for a  large municipality such as  Anchorage, which has                                                               
multiple Senate districts;  Anchorage is not required  to have an                                                               
office  in  each  of  its  Senate districts  but  must  have  one                                                               
Anchorage office.   He said that under HB 188,  there would be an                                                               
expectation of one or more  offices rather than an expectation of                                                               
13 or  more offices.  He  stated that the decision  to maintain a                                                               
Juneau office would be at the discretion of APOC.                                                                               
                                                                                                                                
REPRESENTATIVE  WOOL  asked  Representative Eastman  to  indicate                                                               
where the language "one or more office" is in HB 188.                                                                           
                                                                                                                                
REPRESENTATIVE  EASTMAN   responded  that  the   requirement  for                                                               
maintaining a  central office is  on page 1,  line 6, of  HB 188.                                                               
He added  that the  proposed legislation  does not  preclude APOC                                                               
from having satellite offices.                                                                                                  
                                                                                                                                
REPRESENTATIVE  WOOL  specified  that  the  proposed  legislation                                                               
states that APOC shall establish  a central office.  He suggested                                                               
that the  future of  the Juneau  office remains  a question.   He                                                               
added that  the Juneau office  could be named the  central office                                                               
and, therefore, the Anchorage office would be in question.                                                                      
                                                                                                                                
REPRESENTATIVE EASTMAN relayed that  whichever office was not the                                                               
central office would  always be in question, and it  would be for                                                               
APOC to  decide [if  it should  remain open].   He said  that the                                                               
requirement under  HB 188 is  to have at  least one office  and a                                                               
website.                                                                                                                        
                                                                                                                                
3:17:46 PM                                                                                                                    
                                                                                                                                
HEATHER  HEBDON,   Executive  Director,  Alaska   Public  Offices                                                               
Commission (APOC), stated that if  passed, HB 188 would have very                                                               
little impact for APOC; it  would align the statutes with current                                                               
practice.  She mentioned that it  has been a long time since APOC                                                               
has had more than two offices.                                                                                                  
                                                                                                                                
3:18:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BIRCH asked  if all transmittals to  and from APOC                                                               
are electronic.                                                                                                                 
                                                                                                                                
MS. HEBDON  relayed that there  are a few paper  filings received                                                               
from the smaller  municipalities; however, they are  scanned to a                                                               
Portable  Document Format  (PDF) and  are available  on the  APOC                                                               
website.   She said  that those  documents are  data-entered into                                                               
the online  filing system; therefore,  the majority, if  not all,                                                               
of  the reports  are available  through  the website  and on  the                                                               
online system.                                                                                                                  
                                                                                                                                
3:19:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WOOL asked  how many people work  in the Anchorage                                                               
and Juneau offices, respectively.                                                                                               
                                                                                                                                
MS. HEBDON  responded that  the Anchorage  office has  five full-                                                               
time employees and the Juneau office has one full-time employee.                                                                
                                                                                                                                
CHAIR KREISS-TOMKINS announced that HB 188 was held over.                                                                       
                                                                                                                                
            HB 190-REGULATION ADOPTION/ORAL COMMENT                                                                         
3:20:46 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS  announced that  the next order  of business                                                               
would  be   HOUSE  BILL  NO.   190,  "An  Act  relating   to  the                                                               
presentation  of   oral  comments   on  the   proposed  adoption,                                                               
amendment, or repeal of regulations."                                                                                           
                                                                                                                                
3:21:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KNOPP, after  ascertaining  the correct  document                                                               
for the motion, moved to  adopt the proposed committee substitute                                                               
(CS) for HB 190, Version  30-LS0732\J, Bannister, 3/31/17, as the                                                               
working  document.   There  being  no  objection, Version  J  was                                                               
before the committee.                                                                                                           
                                                                                                                                
3:22:38 PM                                                                                                                    
                                                                                                                                
JULIE MORRIS,  Staff, Representative Dave Talerico,  Alaska State                                                               
Legislature, on behalf of  Representative Talerico, prime sponsor                                                               
of  HB  190, reviewed  the  document  included in  the  committee                                                               
packet entitled  "Explanation of Changes  to HB 190 Version  A to                                                               
Version  J,"   which  read   as  follows   [original  punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     Sec.  1 AS  44.62.190(a)(1)  deletes  newspaper from  a                                                                    
     requirement of publication.,  and includes the Internet                                                                    
     address of the state Agency's Internet website.                                                                            
                                                                                                                                
     Sec.  2   AS  44.62.200   (d)  deletes   the  newspaper                                                                    
     requirement.                                                                                                               
                                                                                                                                
     Sec.   3  AS   44.62.210(a)   deleted  language   (when                                                                    
     requested  by the  person  or  the person's  authorized                                                                    
     representative).                                                                                                           
                                                                                                                                
     Sec. 4 AS 44.62.245 (b)(2)  amends post to the agency's                                                                    
     Internet website  and deletes requirement  in newspaper                                                                    
     of general circulation.                                                                                                    
                                                                                                                                
     Sec.  AS.21.123 (b)  repealed the  oral requirement  in                                                                    
     this statute  since it will  be covered now  in Section                                                                    
     3.                                                                                                                         
                                                                                                                                
      Sec. 6 Applicability applies to regulations amended,                                                                      
     adoption [sic] or repealed on or after effective date.                                                                     
                                                                                                                                
3:25:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BIRCH referred  to the fiscal note  and asked what                                                               
savings  would be  realized by  eliminating  the requirement  for                                                               
publishing  [a  proposed action  to  adopt,  amend, or  repeal  a                                                               
regulation] in a newspaper.                                                                                                     
                                                                                                                                
MS.  MORRIS  explained that  the  fiscal  note, included  in  the                                                               
committee packet,  was drafted  for Version A.   She  stated that                                                               
the  publication requirements,  both in  newspaper and  trade and                                                               
industry publications, and any potential  savings under Version J                                                               
are still in discussion.                                                                                                        
                                                                                                                                
3:26:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KNOPP asked,  "At whose  request are  we removing                                                               
the newspaper component?"                                                                                                       
                                                                                                                                
MS.  MORRIS  responded  that  the   discussion  of  the  cost  of                                                               
publications occurred during meetings  with "the chairman and his                                                               
staff,"  the  Department of  Law  (DOL),  and the  Department  of                                                               
Commerce,  Community,  and  Economic Development  (DCCED).    She                                                               
stated that the  public can post written comments  to the website                                                               
for  online public  notices; however,  depending  on the  agency,                                                               
oral testimony is not always allowed.                                                                                           
                                                                                                                                
REPRESENTATIVE  KNOPP  commented that  he  is  not as  technology                                                               
("tech") savvy as  some people and still relies  on the newspaper                                                               
to be alerted  to proposed regulation changes.  He  added that he                                                               
consults the  website after seeing  notice in the newspaper.   He                                                               
stated that he has an  issue with excluding newspaper publication                                                               
[of proposed regulation changes].                                                                                               
                                                                                                                                
3:27:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON asked if  there has been consideration for                                                               
a  consistent  standard  throughout the  [Alaska  Administrative]                                                               
Code (AAC) for notification procedures and information sharing.                                                                 
                                                                                                                                
MS.  MORRIS  answered  that  in  the  proposed  legislation,  the                                                               
consideration has  been for allowing  the public  the opportunity                                                               
to give oral  comment.  She maintained that the  elimination of a                                                               
newspaper publication for public  notification is secondary.  She                                                               
conceded  that  many  people  still do  rely  on  newspapers  for                                                               
information instead  of electronic devices.   She emphasized that                                                               
there is  a need  to "get  the word out"  on how  regulations are                                                               
being amended and  changed.  She asserted that she  does not want                                                               
to create  more bureaucracy but  wants to streamline  the process                                                               
and  allow oral  testimony. She  maintained that  doing so  would                                                               
neither slow the process down nor cost more money.                                                                              
                                                                                                                                
REPRESENTATIVE JOHNSON agreed that  there are many people relying                                                               
on the newspaper for notices.   She expressed a need for bridging                                                               
the  gap  between those  individuals  and  tech savvy  people  by                                                               
making the  information available both in  newspapers and online.                                                               
She suggested  that the requirement for  newspaper publication be                                                               
retained  and the  language for  the information  technology (IT)                                                               
piece  be   added  to  the   statute  until  the   state  attains                                                               
consistency  regarding its  public  notices.   She lamented  that                                                               
currently there is no standardization in that regard.                                                                           
                                                                                                                                
3:32:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WOOL stated  that  in Version  A, oral  testimony                                                               
would have  been allowed  in addition to  written testimony.   He                                                               
added that oral  testimony is less formal  than written testimony                                                               
and undocumented.  He asked if  it was the intent of the original                                                               
version of HB 190 to allow the less formal testimony.                                                                           
                                                                                                                                
3:33:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DAVE TALERICO,  Alaska  State Legislature,  prime                                                               
sponsor  of HB  190, responded,  "That  was the  intention."   He                                                               
referred to  the 129  boards and commissions  in Alaska  to point                                                               
out that  not all  of them adopt,  amend, or  repeal regulations.                                                               
He gave  two examples  of groups  which make  recommendations but                                                               
have  no regulatory  authority:   the Alaska  Minerals Commission                                                               
(AMC) and the Alaska Safety  Advisory Council (ASAC).  He offered                                                               
that the  Alaska Board of  Architects and Engineers is  one board                                                               
that does  have regulatory  authority.   He concluded  that under                                                               
the proposed  legislation, oral testimony would  be available for                                                               
those boards  and commissions that do  have regulatory authority,                                                               
but not for those that do not.                                                                                                  
                                                                                                                                
REPRESENTATIVE WOOL asked if under  Version J, a specialist, such                                                               
as a geologist or an  optometrist, who would be directly impacted                                                               
by the  proposed regulatory  change, would be  notified of  it or                                                               
would have to "find it."                                                                                                        
                                                                                                                                
REPRESENTATIVE  TALERICO  answered,   "That's  probably  the  big                                                               
question."   He said  that the  changes in Version  J are  up for                                                               
discussion.    He  expressed  his  belief  that  "our  future  is                                                               
probably  more  electronic";  the discussion  on  procedures  for                                                               
notification is an  important one going forward;  and he conceded                                                               
that  many older  people rely  on  the newspaper  and many  young                                                               
people rely on electronic devices.                                                                                              
                                                                                                                                
REPRESENTATIVE  WOOL mentioned  that he  reads online  newspapers                                                               
and is  more apt to do  that than visiting board  websites or the                                                               
Alaska   Online   Public  Notice   System.      He  offered   his                                                               
understanding  that  similar  legislation  was  proposed  by  the                                                               
committee  chair  allowing  state agencies  to  put  publications                                                               
online rather  than producing paper  copies.  He offered  that he                                                               
is more likely  to read something that comes to  his mailbox than                                                               
to navigate to a website to obtain information.                                                                                 
                                                                                                                                
3:38:26 PM                                                                                                                    
                                                                                                                                
SUSAN  POLLARD,  Chief   Assistant  Attorney  General,  Statewide                                                               
Section  Supervisor,  Legislation  & Regulations  Section,  Civil                                                               
Division (Juneau),  Department of  Law (DOL), testified  that one                                                               
of her  job duties is  to advise agencies  on how to  comply with                                                               
the administrative procedures while  proceeding through the steps                                                               
for  adopting regulations.   She  stated that  the Alaska  Online                                                               
Public Notice System is one  of the available tools for receiving                                                               
notice of  state agency  actions.  She  asserted that  the system                                                               
was not  maintained by DOL  but by  the Office of  the Lieutenant                                                               
Governor  (OLG).   She  mentioned  that  the notice  of  proposed                                                               
regulation  change or  public  hearing by  an  agency, board,  or                                                               
commission must be posted on the system.                                                                                        
                                                                                                                                
REPRESENTATIVE  BIRCH  asked  what   the  cost  differential  was                                                               
between a  published advertisement in  a newspaper and  an online                                                               
advertisement.                                                                                                                  
                                                                                                                                
3:40:30 PM                                                                                                                    
                                                                                                                                
SARA  CHAMBERS,  Operations  Manager, Division  of  Corporations,                                                               
Business,  and  Professional   Licensing  (CBPL),  Department  of                                                               
Commerce,  Community &  Economic  Development (DCCED),  responded                                                               
that CBPL represents  21 boards and commissions  and 22 licensing                                                               
programs;  all  43  entities  have  regulatory  authority.    She                                                               
explained  that CBPL  posts proposed  regulation  changes on  the                                                               
Alaska Online  Public Notice System;  it sends notices  to anyone                                                               
on  the  interested  parties  list;   and  it  sends  notices  to                                                               
licensees who  will be impacted  by a regulation change,  such as                                                               
through a fee  increase or an increase in the  cost of continuing                                                               
education.   She added that  CBPL always publishes notice  in the                                                               
newspaper.    By  statute  it  must be  a  newspaper  with  major                                                               
circulation; therefore,  CBPL chooses  to publish in  the largest                                                               
newspaper in the  state.  She said that the  cost of publishing a                                                               
newspaper  notice  is  typically  a couple  hundred  dollars  per                                                               
notice;  one  project  may  require   as  many  as  four  notices                                                               
depending  on   the  number  of   changes  to  the   project  and                                                               
supplemental notices.  She maintained  that the potential savings                                                               
to the licensees  through the elimination of  the requirement for                                                               
a  hard  copy  publication  of  notice -  including  a  trade  or                                                               
industry publication  notice - would  be substantial.   She added                                                               
that it is the licensees who  support CBPL; the division does not                                                               
receive any state general funds (GF).                                                                                           
                                                                                                                                
3:42:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  BIRCH asked  if  there is  any  legal reason  for                                                               
advertising  in  print media,  or  if  online notification  alone                                                               
would be allowed.                                                                                                               
                                                                                                                                
MS.  POLLARD  answered that  the  notice  of proposed  regulation                                                               
changes is  designed to reach  interested parties and  any person                                                               
who potentially could be affected  by the regulatory action.  She                                                               
stated  that  when the  Administrative  Procedure  Act (APA)  was                                                               
adopted [in 1959],  newspapers were the best  method of providing                                                               
general  notice.   She offered  that there  is probably  no legal                                                               
requirement for  notification in  print media, but  she suggested                                                               
that the question  is:  What is  the best way to  reach a diverse                                                               
group?    She  said  that  the court  has  looked  at  whether  a                                                               
newspaper  meets that  standard, and  she added  that her  agency                                                               
could consider that further.                                                                                                    
                                                                                                                                
3:44:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KNOPP  mentioned  that  when  he  served  at  the                                                               
municipal  level, the  assembly  had to  give  notice of  meeting                                                               
agendas.   He maintained that  there was only one  newspaper with                                                               
general circulation; therefore, the  rates were "out of control."                                                               
He stated that to control  cost, the assembly responded by giving                                                               
as  notice  of  meetings  the  date, time,  and  reference  to  a                                                               
website.   This reduced the  advertisement from a half  page down                                                               
to a couple  columns.  He suggested that his  concern is that the                                                               
proposed  regulation  change be  "noticed";  the  content of  the                                                               
change is not  necessary in the notification; and he  can visit a                                                               
website for  the "body"  of the proposed  change.   He reiterated                                                               
that he avoids  searching the internet unless it  is a necessity.                                                               
He stated that his concern is  that electronic media would be the                                                               
sole source of notice.   He asked if the state  has record of the                                                               
number of times  that the Alaska Online Public  Notice System has                                                               
been accessed and  if there was any measure  of the effectiveness                                                               
of the system.                                                                                                                  
                                                                                                                                
MS. POLLARD replied that she did not know.                                                                                      
                                                                                                                                
3:46:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX asked  if notices  of proposed  regulation                                                               
changes are  published in  the classified section  of a  trade or                                                               
industry publication.   She suggested  that no one would  look in                                                               
the classified section for them.                                                                                                
                                                                                                                                
MS. CHAMBERS  responded that notifications  are published  in the                                                               
legal notices section.  In  response to Representative Knopp, she                                                               
said that the  notifications are condensed to  the extent allowed                                                               
by statute, the drafting manual, and the APA.                                                                                   
                                                                                                                                
REPRESENTATIVE  LEDOUX  suggested   that  professionals  who  are                                                               
looking  for notification  in  the legal  notices  section [of  a                                                               
trade or  industry publication] would  look online, if  they knew                                                               
that was where notice would be published.                                                                                       
                                                                                                                                
MS. CHAMBERS  answered that she  has discovered that  when people                                                               
are given the opportunity to  select the method of notification -                                                               
paper notification  or email  notification -  more and  more they                                                               
are  opting for  email.    She added  that  CBPL still  publishes                                                               
notification in  newspapers, because  it is required  in statute.                                                               
She concluded that  CBPL posts notification to  the Alaska Online                                                               
Public Notice System, publishes it  in the newspaper, posts it to                                                               
its  website,  and  continues  to   "push  out"  notification  to                                                               
licensees when requested.                                                                                                       
                                                                                                                                
REPRESENTATIVE LEDOUX  suggested the possibility of  the proposed                                                               
legislation  only requiring  that  public notice  [of a  proposed                                                               
regulation  change] be  posted online,  and only  sending it  out                                                               
through email or mail to people asking to be informed.                                                                          
                                                                                                                                
MS.   CHAMBERS  responded   that   the   impact  of   online-only                                                               
notification to  CBPL would  be savings  in time  and cost.   She                                                               
mentioned that she  did not know what the impact  would be to the                                                               
public.                                                                                                                         
                                                                                                                                
3:50:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX  requested  that someone  testify  on  the                                                               
impact to the public of her suggested method of notification.                                                                   
                                                                                                                                
MS. POLLARD  replied that each  agency, including each  board and                                                               
commission, would  need to  "weigh in" on  how that  would affect                                                               
its interested parties.  She added  that DOL cannot speak for all                                                               
executive branch  departments; the DOL would  assist the agencies                                                               
to comply with whatever the  legislature decides is the mandatory                                                               
notice.                                                                                                                         
                                                                                                                                
MS. CHAMBER  suggested that newspaper  publishers may be  able to                                                               
give  the  results  of  studies   that  they  have  done  on  the                                                               
readership of legal notices.                                                                                                    
                                                                                                                                
3:52:06 PM                                                                                                                    
                                                                                                                                
CHAIR   KREISS-TOMKINS  asked   if   the   savings  realized   by                                                               
eliminating  the  publication  requirement would  be  savings  to                                                               
licensees  who  currently  underwrite the  cost  of  notification                                                               
advertising through their license fees.                                                                                         
                                                                                                                                
MS. CHAMBERS responded that for her  agency, that is true, but it                                                               
is not  necessarily true  for other  agencies with  other funding                                                               
mechanisms.  She  added that CBPL does represent  a large portion                                                               
of the "regulations generators."   She offered that the Version J                                                               
would retain the requirement for  a trade or industry publication                                                               
[to publish  notification of a  proposed regulation  change], and                                                               
she added that  adopting the CS might be like  "nailing Jell-O to                                                               
a wall."                                                                                                                        
                                                                                                                                
CHAIR KREISS-TOMKINS  clarified that  Version J has  been adopted                                                               
by the committee.   He asked that at the  next committee meeting,                                                               
members  be provided  with a  review  of the  spectrum of  annual                                                               
savings to each  license holder if the  requirement for newspaper                                                               
publication of notification were eliminated.                                                                                    
                                                                                                                                
MS.  CHAMBER  responded that  an  updated  fiscal note  would  be                                                               
provided  for  Version  J.    She  added  that  if  the  proposed                                                               
legislation  eliminates  the newspaper  notification  requirement                                                               
but  includes  a  trade   or  industry  publication  notification                                                               
requirement, it may result in a far greater expense.                                                                            
                                                                                                                                
3:54:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WOOL offered that a  licensee would be notified of                                                               
a  proposed change  in regulation;  the  discussion is  regarding                                                               
notice to the public.  He  asked, "Are you trying to reach beyond                                                               
the licensees?  Are you just  trying to reach ... the average guy                                                               
or girl? ... Who are you trying to reach with this?"                                                                            
                                                                                                                                
MS. POLLARD  answered that the  people that an agency,  board, or                                                               
commission  must reach  is  listed in  the  APA mandatory  steps;                                                               
these  people include  the  licensees under  CBPL,  anyone on  an                                                               
interested parties list, and legislators.   She stated that it is                                                               
set in statute; the legislature  gives the agencies parameters as                                                               
to who  needs to receive  notice; and  the intention is  that the                                                               
maximum number  of people  who are  interested in  the regulatory                                                               
action will receive notice.                                                                                                     
                                                                                                                                
REPRESENTATIVE  WOOL  mentioned  that   the  trend  of  newspaper                                                               
publishers is  to put content online;  people do not buy  as many                                                               
newspapers  as  they  once  did;  and  more  people  are  reading                                                               
newspapers online.   He said that  as a purchaser of  a newspaper                                                               
advertisement, he  is given the  choice -  print or digital.   He                                                               
suggested  that  there  are  many   who  do  read  legal  notices                                                               
depending on their interests.   He maintained that putting notice                                                               
on a  public, centralized  location rather  than a  state website                                                               
would be desirable to the average person.                                                                                       
                                                                                                                                
3:57:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON  referred to page  3, line 4,  which read,                                                               
"contentions in writing  or orally" and asked Ms.  Pollard if she                                                               
had any comment on that phrase.                                                                                                 
                                                                                                                                
MS. POLLARD  responded that DOL does  not have any comment.   She                                                               
explained that  the section  deals with  public proceedings  in a                                                               
regulations project  and would require that  people interested in                                                               
commenting would have the opportunity  to present comments orally                                                               
as  well  as in  writing.    She  added  that currently  that  is                                                               
optional for agencies and boards.                                                                                               
                                                                                                                                
REPRESENTATIVE  JOHNSON  referred to  someone  calling  in to  an                                                               
agency with a comment on a  proposed regulation and asked if that                                                               
spoken  testimony must  be recorded  to be  part of  the official                                                               
record.                                                                                                                         
                                                                                                                                
MS. POLLARD answered that there is  a requirement in the APA that                                                               
an  agency "take  a  hard  look" at  comments  received during  a                                                               
regulations  project; a  complex regulations  project attracts  a                                                               
great deal of written information;  and the agency would document                                                               
the  receipt of  comments while  responding to  them.   She added                                                               
that  when  DOL  reviews  a regulations  project,  it  must  have                                                               
evidence that  it complied with  each statutory  procedure, which                                                               
includes an  affidavit from the  person handling  the regulations                                                               
project that oral and written comments were considered.                                                                         
                                                                                                                                
REPRESENTATIVE JOHNSON  asked if under the  proposed legislation,                                                               
oral comments  would be  recorded verbatim  and entered  into the                                                               
record.                                                                                                                         
                                                                                                                                
MS. POLLARD  pointed out  that page 10  of DOL's  Drafting Manual                                                             
for  Administrative Regulations  was  included  in the  committee                                                             
packet.    She  explained  that this  page  advises  agencies  on                                                               
handling  public  hearings;  the  agency must  have  a  plan  for                                                               
keeping a  record of the public  comments received.  She  gave as                                                               
examples transcription by a court reporter or staff notes.                                                                      
                                                                                                                                
4:02:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  BIRCH  stated  that   he  supports  the  proposed                                                               
legislation   because  it   addresses  both   written  and   oral                                                               
testimony.  He mentioned that  some people will call in repeating                                                               
the testimony they  gave in an email.  He  said that the proposed                                                               
legislation  offers more  opportunity for  testimony.   He stated                                                               
that he also supports eliminating  the requirement for publishing                                                               
notification  [of proposed  regulation change]  in newspapers  to                                                               
save money.                                                                                                                     
                                                                                                                                
4:03:17 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS opened public testimony on HB 190.                                                                         
                                                                                                                                
4:03:28 PM                                                                                                                    
                                                                                                                                
PAMELA SAMASH testified  that she supports HB 190  because of her                                                               
experience  with the  Alaska  State Medical  Board  (ASMB).   She                                                               
stated  that  she was  denied  the  opportunity to  provide  oral                                                               
testimony  on a  regulation  that  was important  to  her and  "a                                                               
matter  of life  or death."    She said  she asked  ASMB for  the                                                               
opportunity to  provide oral  testimony but  was only  allowed to                                                               
give  written testimony  by email.   She  said she  was concerned                                                               
that ASMB members  would not read all the  written testimony they                                                               
received.     She  maintained  that   because  the   issue  being                                                               
considered by ASMB was "lethal  and dangerous to human life," she                                                               
wanted to be  sure that each member of ASMB  heard her testimony.                                                               
She asserted that  ASMB never agreed to hear  oral testimony, and                                                               
she said  that she  hopes the  members read  most of  the emailed                                                               
testimony.    She  said  that she  felt  "powerless  and  silent"                                                               
regarding a vote that was very  important to her and to "hundreds                                                               
and thousands of future very innocent people."                                                                                  
                                                                                                                                
4:05:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KNOPP  asked  Ms.  Samash  where  she  looks  for                                                               
proposed regulation changes - the online site or the newspaper.                                                                 
                                                                                                                                
MS.  SAMASH replied  that  she has  received  notice through  the                                                               
newspaper, but for  the regulation to which she  was referring in                                                               
her testimony, she received notification through the internet.                                                                  
                                                                                                                                
4:06:34 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS,  after ascertaining  that there was  no one                                                               
else who wished to testify, closed public testimony on HB 190.                                                                  
                                                                                                                                
4:06:45 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS announced that HB 190 would be held over.                                                                  
                                                                                                                                
         HB 163-DPS LAW ENFORCE. SVCS: AGREEMENTS/FEES                                                                      
4:07:08 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS  announced that  the next order  of business                                                               
would be HOUSE  BILL NO. 163, "An Act  authorizing the Department                                                               
of  Public  Safety  to  enter   into  agreements  with  nonprofit                                                               
regional corporations  and federal, tribal, and  local government                                                               
agencies  to provide  law enforcement  services; authorizing  the                                                               
Department  of Public  Safety  to collect  fees  for certain  law                                                               
enforcement services; and providing for an effective date."                                                                     
                                                                                                                                
4:07:28 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 4:07 p.m. to 4:10 p.m.                                                                       
                                                                                                                                
4:10:02 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS stated that  the Department of Public Safety                                                               
(DPS) has proposed a committee substitute (CS) for HB 163.                                                                      
                                                                                                                                
4:10:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KNOPP moved  to adopt the proposed CS  for HB 163,                                                               
Version  30-GH1811\D, Martin,  3/30/17,  as  a working  document.                                                               
There being no objection, Version D was before the committee.                                                                   
                                                                                                                                
4:11:00 PM                                                                                                                    
                                                                                                                                
WALT MONEGAN, Commissioner Designee,  Department of Public Safety                                                               
(DPS),  explained that  the only  change under  Version D  is the                                                               
addition of a sentence in  the paragraph entitled "APPLICABILITY"                                                               
under Section 3 of HB 163.   The new sentence states that nothing                                                               
in the  section requires a  nonprofit to enter into  an agreement                                                               
with  DPS.    He  asserted  that this  change  would  assure  the                                                               
nonprofits  that  DPS  would  not  force them  to  pay  [for  law                                                               
enforcement  services}.   He  added that  DPS  is anticipating  a                                                               
meeting  with the  Governor's Tribal  Advisory Council  (GTAC) to                                                               
further discuss the language in the proposed legislation.                                                                       
                                                                                                                                
4:12:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   LEDOUX  referred   to   the   language  in   the                                                               
"APPLICABILITY" paragraph  of Version D, Section  3, which states                                                               
that a  contract with DPS is  only allowed for an  entity with no                                                               
local police  force.  She  said that  she did not  understand the                                                               
rationale  behind not  allowing  an entity  with  a local  police                                                               
force to supplement its services through a contract with DPS.                                                                   
                                                                                                                                
COMMISSIONER MONEGAN responded that DPS  does not want to compete                                                               
with existing police  agencies; it will always  augment or assist                                                               
them  if requested.    He stated  that  the proposed  legislation                                                               
addresses  DPS  entering  into   a  contract  with  agencies  and                                                               
charging  them.   He maintained  that DPS  wants to  avoid having                                                               
communities  dissolve their  police  departments and  ask DPS  to                                                               
"take over."                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX stated  that  she did  not understand  why                                                               
DPS, which does  not want to contract with  communities having an                                                               
organized police  force in  the future,  would agree  to contract                                                               
with  communities  with  an  organized police  force  as  of  the                                                               
effective date  of the [bill].   She said that  her understanding                                                               
was  that the  proposed  legislation could  address the  Girdwood                                                               
situation.  She said, "I still don't get it."                                                                                   
                                                                                                                                
COMMISSIONER  MONEGAN  replied  that the  Girdwood  situation  is                                                               
unique:    Girdwood is  part  of  the Municipality  of  Anchorage                                                               
(MOA),  which has  an  organized  police force,  and  there is  a                                                               
mechanism in place  for the Anchorage Police  Department (APD) to                                                               
provide services.   Girdwood  taxed itself  to pay  for services,                                                               
but the amount was not  enough for what APD required; appropriate                                                               
charges  are still  being determined.   He  stated that  the only                                                               
other areas for  which he has concerns are areas  like Bethel:  a                                                               
number of  police officers walked off  the job [in Bethel]  a few                                                               
years ago,  and because  there was  a crisis,  DPS had  to assist                                                               
with the  state charges.   It did  not assist with  city charges.                                                               
He maintained  that DPS intends  to explore the possibility  of a                                                               
charge.                                                                                                                         
                                                                                                                                
REPRESENTATIVE  LEDOUX  relayed  that   DPS  is  concerned  about                                                               
communities like Bethel,  for which DPS is called  upon to assist                                                               
without  the  ability   to  charge.    She   suggested  that  the                                                               
prohibition  for contracting  with  an entity  with no  organized                                                               
police  force  should be  eliminated  from  the language  of  the                                                               
proposed legislation.                                                                                                           
                                                                                                                                
COMMISSIONER  MONEGAN responded  that  there was  a situation  in                                                               
which  DPS  was requested  to  provide  a Village  Public  Safety                                                               
Officer (VPSO) to a community  to augment its law enforcement; as                                                               
soon as  DPS did so, the  community fired its tribal  and village                                                               
police officers  to save  money.   He maintained  that it  is for                                                               
that  reason that  DPS is  hesitant to  engage initially  with an                                                               
entity that already  has a police force, and he  said he suspects                                                               
that DPS would act  on a case by case basis.   He reiterated that                                                               
DPS  has  seen communities  take  advantage  of the  department's                                                               
willingness to assist them.                                                                                                     
                                                                                                                                
4:17:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BIRCH asserted that the  question is:  Are DPS and                                                               
the  Alaska  State  Troopers  (AST)   obligated  to  provide  law                                                               
enforcement services  outside of organized areas  that have their                                                               
own law enforcement,  such as the City of Fairbanks,  the City of                                                               
North Pole,  MOA inside the  police service area, and  across the                                                               
state?    He  stated  his  concern  regarding  the  lack  of  law                                                               
enforcement on  the Seward  Highway for the  people of  the Kenai                                                               
Peninsula and  the municipality.   He mentioned  that legislators                                                               
have been  advised that  DPS intends to  move the  state troopers                                                               
from the area after May 2.                                                                                                      
                                                                                                                                
COMMISSIONER  MONEGAN  answered  that the  municipality  can  tax                                                               
itself.   He added  that DPS's dilemma  is that  trooper staffing                                                               
level  is such  that it  is  a struggle  to staff  areas with  no                                                               
police  availability at  all.    He stated  that  it  is a  moral                                                               
dilemma  for DPS;  in the  Bush, where  there is  no alternative,                                                               
there are over  100 communities with no  law enforcement presence                                                               
at all.   He  reiterated that  MOA can  tax itself;  it partially                                                               
does tax itself;  but it didn't "buy the whole  APD package."  He                                                               
maintained  that it  is  incumbent upon  the  community, not  the                                                               
state, to address that.                                                                                                         
                                                                                                                                
REPRESENTATIVE BIRCH  stated that he respectfully  disagrees.  He                                                               
relayed that the  legislature is seated as an  assembly under the                                                               
Alaska  State Constitution  for  the areas  outside of  organized                                                               
municipalities and boroughs with  law enforcement.  He maintained                                                               
that outside  of the  city service areas,  there is  no provision                                                               
for police  service.   Residents can vote  to organize  a borough                                                               
and enlist police  services; the city of Bethel could  do so; and                                                               
it takes time to do so.  He  said he takes umbrage with the issue                                                               
that only  52 of 76 funded  VPSO positions are filled;  there are                                                               
24 vacancies;  therefore, money is  available to provide  the law                                                               
enforcement services.   He concluded  that the  legislature needs                                                               
to consider  its ultimate responsibility  for public safety.   He                                                               
maintained  that the  Seward Highway  between  Anchorage and  the                                                               
Kenai Peninsula with its heavy traffic cannot be ignored.                                                                       
                                                                                                                                
CHAIR KREISS-TOMKINS  concurred that  the issue is  a legislative                                                               
and budgeting issue in terms of DPS resources.                                                                                  
                                                                                                                                
4:21:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WOOL  stated that several different  problems have                                                               
created the  situation.   The first  was the  Girdwood situation:                                                               
Girdwood had  an APD  trooper; trooper funding  was cut;  and APD                                                               
"pulled back" officers from Girdwood.   He said that consequently                                                               
the  community of  Girdwood,  wanting  law enforcement  coverage,                                                               
contracted for it with its own  funds.  He stated that the second                                                               
problem involved the  situation in Bethel:  because of  a lack of                                                               
personnel, troopers  came into Bethel.   He restated Commissioner                                                               
Monegan's fear that  Bethel would fire its police  force and rely                                                               
on the troopers.  Since Bethel  is an organized community, AST is                                                               
not responsible  for law  enforcement in Bethel.   He  stated the                                                               
third  problem:   the lack  of  officers in  the AST  force.   He                                                               
referred  to  Commissioner  Monegan's testimony  in  the  3/28/17                                                               
House  State  Affairs  Standing   Committee  meeting  that  these                                                               
troopers would  typically be retired  troopers brought  back into                                                               
the work force.                                                                                                                 
                                                                                                                                
REPRESENTATIVE WOOL  asserted that the problem  is multi-layered:                                                               
there is a shortage of troopers  and a shortage of funding except                                                               
for  VPSOs.   He maintained  that DPS  would not  want to  expend                                                               
resources in one  area, when they are needed in  other areas.  He                                                               
asked Commissioner Monegan  if in the Bethel  situation - helping                                                               
Bethel  out by  providing  officers -  temporarily  buys it  time                                                               
until  it  can  secure  more  officers, at  which  time  DPS  can                                                               
reallocate resources.                                                                                                           
                                                                                                                                
COMMISSIONER MONEGAN responded that  in the Bethel situation that                                                               
was exactly what would happen.   He relayed that AST filled in to                                                               
handle life  threatening situations;  there were only  two Bethel                                                               
police officers  at the time;  and even  the chief of  police had                                                               
"walked off  the job."   He stated  that AST  provided assistance                                                               
until the Bethel Police Department  (BPD) was able to rebuild its                                                               
police force and take over again.                                                                                               
                                                                                                                                
COMMISSIONER  MONEGAN   relayed  the  history  of   the  Girdwood                                                               
situation as  it relates to  the proposed legislation:   Girdwood                                                               
offered  to  contract   with  DPS  to  retain   troopers  in  the                                                               
community; it was  during these discussions that  DPS realized it                                                               
did not have the receipt authority  to enter into a contract with                                                               
Girdwood; and HB  163 was introduced to address this.   He stated                                                               
that DPS wishes to expand its  presence and provide services at a                                                               
higher and  more quantitative level  than currently  - especially                                                               
in the rural  areas.  He offered  that it is for  this reason DPS                                                               
will resist a  reduction in the number of VPSOs;  it is hoping to                                                               
"turn  around" on  the recruiting  and training  issues for  both                                                               
VPSOs and troopers.  He opined  that it would be short sighted to                                                               
"rob Peter to  pay Paul, so to speak, especially  if Paul had the                                                               
ability to find better and  more readily available trained police                                                               
officers  to them  versus  someplace  else that  has  none."   He                                                               
mentioned that the  answer is "tangled" because  the situation is                                                               
tangled, and  there is not  one answer  to satisfy everyone.   He                                                               
added that  HB 163 is an  attempt to give DPS  receipt authority,                                                               
and DPS can work toward perfecting the process as it progresses.                                                                
                                                                                                                                
4:26:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON  relayed that she appreciates  the problem                                                               
and  the  attempt  to  solve the  problem  through  the  proposed                                                               
legislation.   She  said that  she recognizes  that Alaska  has a                                                               
shortage  of  troopers.    She  expressed  her  belief  that  the                                                               
proposed solution  does not fundamentally  "fit" the  problem and                                                               
creates  an "upside  down"  situation.   She  relayed that  local                                                               
government would be  asked to contract with DPS for  a trooper to                                                               
provide  police  services  and   then  would  oversee  the  state                                                               
officers.                                                                                                                       
                                                                                                                                
REPRESENTATIVE JOHNSON  asked if  there are police  service areas                                                               
like there are road service areas and fire service areas.                                                                       
                                                                                                                                
REPRESENTATIVE  BIRCH stated  that the  answer to  Representative                                                               
Johnson's question  is yes.  He  relayed that it takes  a vote of                                                               
the people  to have  a police service  area - the  same as  for a                                                               
water  service area,  a sewage  service area,  or a  fire service                                                               
area.   He asserted  that if  a location is  outside of  an area,                                                               
that means that the residents have  not voted to have the service                                                               
area.   He added that  historically the  void has been  filled by                                                               
the State  of Alaska,  which is  responsible for  the unorganized                                                               
boroughs and all the areas outside of service areas.                                                                            
                                                                                                                                
COMMISSIONER  MONEGAN,  in  response to  Representative  Johnson,                                                               
relayed  that  troopers with  whom  a  community contracts  would                                                               
still answer  to trooper commanders,  enforce state law  and city                                                               
ordinances,  and through  the contract,  get  direction from  the                                                               
community  about  its concerns.    He  said  that DPS  would  use                                                               
retired  troopers  under  long-term,  non-permanent  ("non-perm")                                                               
positions for these contracts.                                                                                                  
                                                                                                                                
REPRESENTATIVE  JOHNSON mentioned  that troopers  at the  trooper                                                               
post in  Palmer have worked  outside of their service  area under                                                               
an  agreement.   She stated  that  providing public  safety is  a                                                               
fundamental function  of state government;  if a location  is not                                                               
in a  public safety service  area, then it is  the responsibility                                                               
of the troopers  to provide services; and if a  city has a public                                                               
safety  service area,  then  they established  it  through a  tax                                                               
base.  She expressed her  concerns with the proposed legislation:                                                               
it   would  introduce   complicated   scenarios   of  the   state                                                               
contracting with  non-profits and tribal organizations;  it would                                                               
mix  requirements of  the state  with the  requirements of  other                                                               
entities; and it would be fraught with many other issues.                                                                       
                                                                                                                                
4:31:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  asked why  any part  of a  municipality is                                                               
required to be in  a service area.  She stated  that she lives in                                                               
Muldoon and, therefore, must pay  for police protection from APD.                                                               
Hillside is  not part  of the  service area;  therefore, Hillside                                                               
residents do  not have  to pay  for police  protection by  way of                                                               
property  taxes.    She  asked   why,  if  Hillside  gets  police                                                               
protection  from the  state  troopers, she  must  pay for  police                                                               
protection, but Hillside residents do not.                                                                                      
                                                                                                                                
REPRESENTATIVE  BIRCH responded  that  Anchorage  consisted of  a                                                               
city and  a borough,  and when they  were unified,  service areas                                                               
were identified.   Police and  fire services were  not area-wide;                                                               
schools  were  area-wide.    He stated  that  the  service  areas                                                               
represented  subsets of  the larger  municipality; service  areas                                                               
were established through an affirmative  vote by the municipality                                                               
annexing  an area  and  an  affirmative vote  by  the area  being                                                               
annexed; and a  tax was levied.  He said  that Girdwood residents                                                               
are not paying  for police services because they  are outside the                                                               
service area, and he mentioned  that he believes the service area                                                               
stops at Potter Marsh.  He  added that what is being discussed is                                                               
the state  highway from  Potter Marsh past  Girdwood to  its city                                                               
limits at Portage.  He said  that outside the service area, it is                                                               
the state's  responsibility to provide law  enforcement services.                                                               
He  maintained that  with  only  52 positions  filled  out of  76                                                               
funded DPS positions,  there is much money  available to reassign                                                               
to public safety for troopers.                                                                                                  
                                                                                                                                
REPRESENTATIVE  LEDOUX   asserted  that  state   troopers  patrol                                                               
Hillside  without cost  to the  residents, because  the residents                                                               
have not voted for a police service area.                                                                                       
                                                                                                                                
REPRESENTATIVE BIRCH  responded that  is incorrect.   Hillside is                                                               
in the  [APD] service  area; it  was added  many years  ago under                                                               
former Mayor [Rick] Mystrom.                                                                                                    
                                                                                                                                
4:36:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON  added that  residents of  the unorganized                                                               
borough  do not  pay taxes,  and they  receive trooper  services;                                                               
whereas,  another  area might  have  to  tax  itself to  pay  for                                                               
trooper services.  She said, "It's very mixed up here."                                                                         
                                                                                                                                
4:36:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KNOPP  asked Commissioner Monegan if  the troopers                                                               
have  an obligation  for patrolling  federal  and state  highways                                                               
regardless of service areas.                                                                                                    
                                                                                                                                
COMMISSIONER MONEGAN answered that  there are no federal highways                                                               
in  Alaska;  federal  highways   are  interstate  highways.    He                                                               
explained that  troopers have the  authority to patrol  state and                                                               
local  highways, and  it is  by agreement  with the  municipality                                                               
which areas are covered.                                                                                                        
                                                                                                                                
REPRESENTATIVE KNOPP stated  that DPS has evolved  and grown over                                                               
time.  In the past  public safety predominantly addressed highway                                                               
corridors, but  currently it maintains  an investigative  unit, a                                                               
cold case unit, and other units.   He asked if the Girdwood issue                                                               
was  about providing  public safety  services  along the  highway                                                               
corridors or about the [special] units he just mentioned.                                                                       
                                                                                                                                
COMMISSIONER  MONEGAN replied  that  was a  point of  contention:                                                               
Girdwood wanted  to contract  with DPS; the  DPS decided  that it                                                               
could  provide  the  services  for  $600,000;  but  the  Girdwood                                                               
[Valley Service  Area] Board of  Supervisors (GBOS) did  not want                                                               
the Girdwood  funded troopers to be  on the highway or  leave the                                                               
Girdwood  valley.   He said  that  was a  "deal-breaker" for  DPS                                                               
during negotiations even before DPS  determined it had no ability                                                               
to collect  funds from Girdwood for  the services.  He  said that                                                               
subsequently Girdwood got [MOA assembly]  approval to tax itself;                                                               
it has collected the tax; and  it has contracted with the City of                                                               
Whittier  [for  police services].    He  relayed that  there  are                                                               
ongoing  discussions between  APD and  the City  of Whittier,  as                                                               
well as, between APD and  the communities on the [Seward Highway]                                                               
to establish  a fee schedule.   He said that eventually  APD will                                                               
support Whittier (indisc.) for the major crimes.                                                                                
                                                                                                                                
COMMISSIONER MONEGAN  asserted that  "all this was  really, truly                                                               
brought on" due to DPS staff  reduction.  He claimed that without                                                               
the reduction,  these issues  would not have  occurred.   He said                                                               
that DPS  has lost troopers  and VPSOs,  and it makes  more sense                                                               
for DPS  to provide the  rare services to  communities (indisc.--                                                               
coughing).                                                                                                                      
                                                                                                                                
4:41:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WOOL expressed  his relief  that the  communities                                                               
that no longer  have troopers did not pay for  them through state                                                               
taxes.     He  mentioned  Commissioner  Monegan's   reference  to                                                               
"retired  or non-perm  officers"  being  employed under  contract                                                               
with DPS  to provide  services to an  area in need  of them.   He                                                               
asked if the  language in the proposed  legislation could include                                                               
"retired  officers".   He stated  that if  a retired  trooper was                                                               
providing public  safety services to a  community that contracted                                                               
with DPS for the services, then  his concern for losing a trooper                                                               
to a  community that is paying  would be alleviated.   He said he                                                               
did not know  the prevalence of retired officers  willing to work                                                               
on a contractual basis, and  possibly many would prefer that type                                                               
of work.   He  offered that  some of  the communities  wanting to                                                               
contract  for  police  services   just  want  a  [public  safety]                                                               
"presence."  He suggested that  there be language in the proposed                                                               
legislation  that  specifically  identified retired  or  non-perm                                                               
officers for fulfilling long-term  contracts.  He emphasized that                                                               
he is not referring to  short-term crisis management, like in the                                                               
Bethel situation.                                                                                                               
                                                                                                                                
COMMISSIONER MONEGAN  responded that  in discussing  the proposed                                                               
legislation with  Colonel [James] Cockrell (Director,  AST, DPS),                                                               
Colonel  Cockrell   expressed  his   belief  that   the  proposed                                                               
legislation could  provide mentoring  for new  troopers; troopers                                                               
just  released  from training  would  benefit  from working  with                                                               
seasoned veterans of  AST.  He said that DPS  tries to afford the                                                               
"baby  troopers"  as  much  exposure  to  the  various  types  of                                                               
criminal investigations  and activities as possible  before being                                                               
transferred  to  a  remote  area.   He  contended  that  if  only                                                               
retirees  were considered  under the  proposed legislation,  then                                                               
DPS would lose the benefit of  retirees in other areas.  He said,                                                               
"We  would bring  on the  brand-new fellows  and gals  into these                                                               
contract  areas -  the long-term."   He  opined that  the use  of                                                               
retirees is best  decided internally by DPS.   He maintained that                                                               
the crux of  the proposed legislation is for DPS  to have receipt                                                               
authority and  enter into agreements  with entities that  wish to                                                               
contract for services,  and it is not about how  staffing will be                                                               
accomplished.    He mentioned  that  Nikiski  has approached  DPS                                                               
about contracting for additional troopers.                                                                                      
                                                                                                                                
4:45:01 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS  referred to page  2, lines 8-9,  of Version                                                               
D, and  said that  he has  a question  about the  language, which                                                               
proscribes the  ability for DPS  to contract with an  entity that                                                               
already has a police force.   He offered to discuss that question                                                               
out of committee meeting.                                                                                                       
                                                                                                                                
REPRESENTATIVE BIRCH  referred to different contracting  agents -                                                               
armed  security in  federal buildings,  security at  the Port  of                                                               
Anchorage (POA), and  security in city buildings.   He asked what                                                               
experience DPS has in contracting  with qualified law enforcement                                                               
personnel who  are equivalent to  a full-fledged trooper  but are                                                               
at a "secondary level of law enforcement or security services."                                                                 
                                                                                                                                
COMMISSIONER MONEGAN responded that  the personnel utilized under                                                               
the  proposed  legislation would  only  be  troopers or  "special                                                               
commissions."    He   said  that  the  troopers   that  would  be                                                               
considered  by DPS  would be  retired certified  police officers,                                                               
who  could  handle any  situation  in  the community,  just  like                                                               
troopers do.   He stated that security guards  and private police                                                               
are a different category and not what DPS would consider.                                                                       
                                                                                                                                
CHAIR KREISS-TOMKINS announced that HB 163 would be held over.                                                                  
                                                                                                                                
4:47:38 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 4:48 to 4:50.                                                                                
                                                                                                                                
4:49:40 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS announced  that the hearing on  HB 165 would                                                               
be  postponed  to the  5:30  p.m.  House State  Affairs  Standing                                                               
Committee meeting of 4/4/17.                                                                                                    
                                                                                                                                
            HJR  3-CONST. AM: 90 DAY REGULAR SESSION                                                                        
4:49:56 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS  announced that the final  order of business                                                               
would be  HOUSE JOINT RESOLUTION  NO. 3, Proposing  amendments to                                                               
the Constitution of the State  of Alaska relating to the duration                                                               
of regular sessions of the legislature.                                                                                         
                                                                                                                                
4:50:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MATT  CLAMAN, Alaska  State Legislature,  as prime                                                               
sponsor of  HJR 3, stated that  it has been over  ten years since                                                               
Alaska   voters  passed   a  ballot   initiative  to   limit  the                                                               
legislative session  to 90  days.  He  maintained that  since the                                                               
implementation  of the  initiative in  2008, the  legislature has                                                               
exceeded  the 90-day  limit  five  times.   He  asserted that  as                                                               
elected officials,  it is  the duty of  legislators to  listen to                                                               
the  people of  Alaska.   The  current pattern  of extending  the                                                               
session to 120 days shows  voters that the legislature is neither                                                               
performing its job  nor performing its job in the  length of time                                                               
expected by the public.                                                                                                         
                                                                                                                                
REPRESENTATIVE CLAMAN  relayed that HJR  3 would allow  voters to                                                               
decide once and  for all on the length of  the regular session of                                                               
the legislature  by voting  on an amendment  to the  Alaska State                                                               
Constitution.  He offered that if  the amendment is passed by the                                                               
voters, the length  of the regular session would  be changed from                                                               
120 days to 90 days in the  state constitution.  He noted that if                                                               
the amendment failed, he would  support legislation to change the                                                               
Alaska Statutes  to reflect 120  days, which would  be consistent                                                               
with the public's intent.                                                                                                       
                                                                                                                                
REPRESENTATIVE   CLAMAN  emphasized   that  the   public  elected                                                               
legislators to  make tough choices  and to make these  choices on                                                               
time and  under budget.   He asserted that the  legislature needs                                                               
to maintain public confidence in the elective system.                                                                           
                                                                                                                                
4:51:29 PM                                                                                                                    
                                                                                                                                
SARA  PERMAN, Staff,  Representative  Matt  Claman, Alaska  State                                                               
Legislature, on  behalf of  Representative Claman,  prime sponsor                                                               
of HJR 3,  stated that HJR 3 would put  a proposed constitutional                                                               
amendment on the  ballot to change the length  of the legislative                                                               
session from  120 days to  90 days.   She reiterated  that Alaska                                                               
voted in  November 2006  to shorten the  duration of  the regular                                                               
legislative  session  to  90  days;  since  the  initiative  took                                                               
effect,  the  legislature  has exceeded  the  90-day  limit  five                                                               
times, costing Alaskans more than $900,000.                                                                                     
                                                                                                                                
MS.   PERMAN   explained   that  currently   the   Alaska   State                                                               
Constitution and  the Alaska Statutes are  inconsistent regarding                                                               
legislative session  duration.  She cited  AS 24.05.150(b), which                                                               
read:   "The  Legislature shall  adjourn from  a regular  session                                                               
within  90  consecutive  calendar  days, including  the  day  the                                                               
legislature  first  convenes  in  that  regular  session."    She                                                               
referred  to  Article   II,  Section  8,  of   the  Alaska  State                                                               
Constitution, which  read:  "The  legislature shall  adjourn from                                                               
regular  session no  later than  one  hundred twenty  consecutive                                                               
calendar days from the date it convenes".                                                                                       
                                                                                                                                
MS.  PERMAN   asserted  that  HJR   3  would  update   the  state                                                               
constitution  by changing  120 days  to  90 days,  if the  public                                                               
votes in  favor of the  constitutional amendment.  She  said that                                                               
Section 1  of HJR 3 would  amend Article II, Section  8, to state                                                               
"not later  than ninety days".   Section 2  of HJR 3  would amend                                                               
[Article XV] to  state that the amendment to  Article II, Section                                                               
8, would  apply during the  first regular session of  the Thirty-                                                               
First  Alaska  State  Legislature, [2019-2020],  and  thereafter.                                                               
She  said that  Section  3  of HJR  3  states  that the  proposed                                                               
amendments  would be  placed on  the ballot  in the  next general                                                               
election.                                                                                                                       
                                                                                                                                
MS. PERMAN  relayed that  in 1984  the Alaska  State Constitution                                                               
was amended  from an undefined  session length to 120  days after                                                               
legislators were  racking up costs (indisc.)  oil tax structures.                                                               
She said  that in 1981, session  lasted 165 days.   She explained                                                               
that the framers of the  state constitution did not initially set                                                               
a limit  for the length  of session,  but she added  that clearly                                                               
without  session  duration  limits,   the  legislature  does  not                                                               
resolve business in a timely and cost-effective manner.                                                                         
                                                                                                                                
MS. PERMAN related  that last year's extended  session lasted 121                                                               
days  and cost  the state  $698,772, which  does not  include the                                                               
later  special sessions.   She  maintained  that the  legislature                                                               
should  eliminate the  inconsistencies between  the Alaska  State                                                               
Constitution and the Alaska Statutes  and demonstrate to Alaskans                                                               
that legislators  are "here to do  the job they elected  us to do                                                               
in the time they have designated."                                                                                              
                                                                                                                                
MS. PERMAN  noted that  the proposed  amendment would  not remove                                                               
the legislature's ability to extend  session one time by ten days                                                               
by  a two-thirds  majority vote;  that allowance  will remain  in                                                               
Article  II, Section  8, of  the  state constitution.   She  also                                                               
mentioned that  the Office of  the Governor has assigned  a zero-                                                               
fiscal note.                                                                                                                    
                                                                                                                                
4:54:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KNOPP stated that he  agrees in concept and has no                                                               
doubt that if put on the  ballot, Alaskans will vote for a 90-day                                                               
session limit.  He said that  his concern is that the legislature                                                               
has only been  successful in limiting the session to  the 90 days                                                               
two times.   He opined  that he is  not sure the  legislature can                                                               
get its  work done in 90  days.  He offered  that the legislature                                                               
may have to  consider how it conducts business,  and he suggested                                                               
that there would be unending special sessions.                                                                                  
                                                                                                                                
REPRESENTATIVE CLAMAN  answered that  when the initiative  for 90                                                               
days passed, the  legislature should have changed the  way it did                                                               
business.   He  noted the  length  of time  legislators spent  in                                                               
budget sub-committees.  He said,  "I'm not pointing the finger at                                                               
anyone, it's  part of the process."   He offered the  scenario of                                                               
legislators  recognizing  that   budget  sub-committees  must  be                                                               
concluded within 30  days.  He said, "We would  be in much better                                                               
shape  in terms  of debating  budget  issues if  we ...  realized                                                               
there was  a meaningful deadline  that we  needed to meet  to get                                                               
finished  in 90  days."   He  asserted that  he  agrees that  the                                                               
legislature  needs to  change the  structure of  how business  is                                                               
done.   He relayed that  when he is in  his home district,  he is                                                               
asked, "What's taking so long?"   When the answer is, "We're just                                                               
not very  good at getting our  work done," the response  is, "You                                                               
just need  to get  better."  He  reiterated that  legislators are                                                               
not  hired to  delay but  to  figure out  ways to  do their  work                                                               
efficiently.                                                                                                                    
                                                                                                                                
REPRESENTATIVE KNOPP asked if there  is any suggestion for how to                                                               
limit  the [number  of] special  sessions through  constitutional                                                               
amendment; a special  session may be necessary once  or twice but                                                               
should not be called endlessly "to get your way."                                                                               
                                                                                                                                
REPRESENTATIVE CLAMAN responded that he  would not have a problem                                                               
with trying to limit the  authority allowing for repeated special                                                               
sessions.  He  maintained that a special session is  called for a                                                               
specific  purpose  or limited  items.    For example,  a  special                                                               
session was  called in October 2015  for oil and gas  tax related                                                               
issues;  it  was  for  a  specific  purpose;  and  the  work  was                                                               
completed in seven to ten days.   He mentioned that last summer's                                                               
special session had a limited number  of items on the agenda.  He                                                               
asserted  that  since  the  constitution   allows  120  days  for                                                               
session,  "everything is  still  on the  table"  past the  90-day                                                               
point; therefore, legislators may continue  to pretend that it is                                                               
"business as  usual" for the  next 30 days.   He stated  that the                                                               
proposed joint resolution addresses  the extension of the regular                                                               
session  beyond  90  days.    He  offered  that  he  is  open  to                                                               
consideration of  the question of  calling special  sessions, but                                                               
he said  he does  not believe the  two issues to  be linked.   He                                                               
asserted  that the  governor's authority  in the  constitution to                                                               
call special  sessions is  separate from the  section that  HJR 3                                                               
proposes to amend.                                                                                                              
                                                                                                                                
4:58:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WOOL stated that  when the legislative session was                                                               
unlimited  [in length],  legislators had  no staff;  a legislator                                                               
did all  his/her own  work.   He mentioned that  in films  of old                                                               
floor sessions, there  was one person next to the  Speaker of the                                                               
House; now  there is a "small  army up there."   He attested that                                                               
some legislators have  as many as seven staffers.   He maintained                                                               
that rather  than legislators not  getting their work  done, they                                                               
are taking  on much  more work; because  they are  introducing so                                                               
many  bills,  they  run  out  of  time.    He  asserted  that  in                                                               
conjunction with  the 90-day  limit, there should  be a  limit on                                                               
the  number of  bills  that  are introduced  and  processed.   He                                                               
maintained that the work of the  legislature is not a 90-day job.                                                               
He  said that  even if  the  legislative session  ended after  90                                                               
days, it  has "such  machinery in place  that ...  promulgates so                                                               
much more work than can be started and stopped in 90 days."                                                                     
                                                                                                                                
REPRESENTATIVE  WOOL maintained  that he  is not  against a  very                                                               
part-time legislature that meets for  90 days, but he stated that                                                               
he believes that  the legislature would need to  "take apart some                                                               
of the machinery"  that is in place for  inherently creating more                                                               
work than  can be  done in  90 days.   He  said that  he applauds                                                               
Representative Claman's  effort; he  does not  feel 120,  150, or                                                               
180 days  should be the norm;  but the legislature needs  to take                                                               
on less work.   He conceded that currently there  is a great deal                                                               
going on  in the state regarding  the budget and revenue  that is                                                               
unprecedented.   He  asked if  Representative  Claman foresees  a                                                               
time when  the legislature has a  smaller mountain of work  to do                                                               
and can do it in 90 days, and  there are not hundreds of bills to                                                               
be processed.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  CLAMAN  answered  that  if the  public  knew  the                                                               
details of  all the  bills that  individual legislators  chose to                                                               
introduce, it would  be disappointed.  He  maintained that Alaska                                                               
has  functioned  "pretty  well"  over  the last  58  years.    He                                                               
asserted that there  are still problems to be fixed,  but many of                                                               
the  bills that  are introduced  have no  chance of  passing both                                                               
bodies  of the  legislature.   It  is  generally recognized  that                                                               
those bills  are "not going  to go anywhere."   He said  that the                                                               
question is:   "Why are people continuing to  bring forward bills                                                               
that  they don't  see any  chance of  them going  anywhere?"   He                                                               
maintained  that the  public is  asking  that question;  it is  a                                                               
question regarding  legislators exercising proper restraint.   He                                                               
relayed  that in  other states  - many  with shorter  legislative                                                               
sessions than Alaska - one of  the appeals of the shorter session                                                               
is that it is harder to file more  bills.  He asserted that he is                                                               
100   percent   certain,   for   the   reasons   articulated   by                                                               
Representative  Wool, if  the legislature  reverted to  a 120-day                                                               
session, there would  not be a reduction in the  bills filed, but                                                               
an  increase,  and  the  legislature would  be  in  session  even                                                               
longer.                                                                                                                         
                                                                                                                                
[HJR 3 was held over.]                                                                                                          
                                                                                                                                
5:04:01 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
State Affairs  Standing Committee  meeting was adjourned  at 5:04                                                               
p.m.                                                                                                                            
                                                                                                                                

Document Name Date/Time Subjects
HB158 Fiscal Note ADM 4.2.17.pdf HSTA 4/4/2017 3:00:00 PM
HB 158
HB158 Sponsor Statement 3.20.17.pdf HSTA 4/4/2017 3:00:00 PM
HB 158
HB158 Supporting Document-Support Letters 3.20.17.pdf HSTA 4/4/2017 3:00:00 PM
HB 158
HB0158.PDF HSTA 4/4/2017 3:00:00 PM
HB 158
CSHB 190 Explanation of Changes.pdf HSTA 4/4/2017 3:00:00 PM
HB 190
HB 190 Supporting docs.PDF HSTA 4/4/2017 3:00:00 PM
HB 190
CS HB 190 Version J.pdf HSTA 4/4/2017 3:00:00 PM
HB 190
HB163 Draft Proposed CS ver D 3.31.17.pdf HSTA 4/4/2017 3:00:00 PM
HB 163
HB 165 Sponsor Statement 3.27.2017.pdf HSTA 4/4/2017 3:00:00 PM
HB 165
HB 165 Fiscal Note DOA-DOP 3.27.2017.pdf HSTA 4/4/2017 3:00:00 PM
HB 165
HB 165 ver A 3.27.2017.pdf HSTA 4/4/2017 3:00:00 PM
HB 165
HB 165 Additional Document - Legislative Research Report 3.27.2017.pdf HSTA 4/4/2017 3:00:00 PM
HB 165
HB 165 Additional Document - NCSL Chart_Veteran Preference in State Hiring 3.27.2017.pdf HSTA 4/4/2017 3:00:00 PM
HB 165
HJR03 Supporting Document - DOE Ballot Initiatives 02.02.17.pdf HSTA 4/4/2017 3:00:00 PM
HJR 3
HJR03 Supporting Document - Alaska State Constitution Language 02.02.17.pdf HSTA 4/4/2017 3:00:00 PM
HJR 3
HJR03 Sponsor Statement 02.02.17.pdf HSTA 4/4/2017 3:00:00 PM
HJR 3
HJR 3 Fiscal Note Gov 4.2.17.pdf HSTA 4/4/2017 3:00:00 PM
HJR 3
HJR03 ver A 02.02.17.PDF HSTA 4/4/2017 3:00:00 PM
HJR 3
HJR03 Supporting Document - NCSL Length of Sessions by State 02.02.17.pdf HSTA 4/4/2017 3:00:00 PM
HJR 3
HJR03 Supporting Document - Leg Research Report 90 Day Limit 02.02.17.pdf HSTA 4/4/2017 3:00:00 PM
HJR 3