Legislature(1995 - 1996)
02/14/1995 08:05 AM House STA
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
JOINT SENATE AND HOUSE STATE AFFAIRS STANDING COMMITTEES
February 14, 1995
8:05 a.m.
SENATE STATE AFFAIRS MEMBERS PRESENT
Senator Bert Sharp, Chair
Senator Loren Leman
Senator Randy Phillips
SENATE STATE AFFAIRS MEMBERS ABSENT
Senator Jim Duncan
Senator Dave Donley
HOUSE STATE AFFAIRS MEMBERS PRESENT
Representative Jeannette James, Chair
Representative Scott Ogan, Vice-Chair
Representative Joe Green
Representative Ivan Ivan
Representative Brian Porter
Representative Caren Robinson
Representative Ed Willis
HOUSE STATE AFFAIRS MEMBERS ABSENT
None
COMMITTEE CALENDAR
Confirmation Hearings for:
Margaret Pugh, Commissioner Designee of Corrections
Pete Hallgren, Personnel Board
Ronald Otte, Commissioner Designee of Public Safety
Mark Boyer, Commissioner Designee of Administration
HB 83:"An Act relating to state implementation of
federal statutes."
HEARD AND HELD
HSTA - 02/14/95
*HB 127:"An Act increasing the minimum term of
imprisonment for assaults in the fourth degree
committed against a peace officer, fire
fighter, correctional officer, emergency
medical technician, paramedic, ambulance
attendant, or other emergency responders."
SCHEDULED BUT NOT HEARD
HSTA - 02/14/95
*HB 90:"An Act changing the date that the legislature
convenes in the years following a
gubernatorial election."
SCHEDULED BUT NOT HEARD
HSTA - 02/14/95
*HB 130:"An Act relating to agency review of public
comment on the adoption, amendment, and repeal
of regulations; relating to the examination of
proposed regulations, amendments of
regulations, and orders repealing regulations
by the Administrative Regulation Review
Committee and the Department of Law; relating
to the submission to, and acceptance by, the
lieutenant governor of proposed regulations,
amendments of regulations, and orders
repealing regulations; and requiring agencies
to make certain determinations before adopting
regulations, amendments of regulations, or
orders repealing regulations."
SCHEDULED BUT NOT HEARD
HSTA - 02/14/95
*HB 30:"An Act relating to a dress code for public
schools."
SCHEDULED BUT NOT HEARD
HSTA - 02/14/95
HJR 4:Proposing amendments to the Constitution of
the State of Alaska authorizing the use of the
initiative to amend the Constitution of the
State of Alaska.
SCHEDULED BUT NOT HEARD
HSTA - 02/14/95
HJR 1: Proposing an amendment to the Constitution of the State
of Alaska relating to repeal of regulations by the
legislature.
SCHEDULED BUT NOT HEARD
(* First public hearing)
WITNESS REGISTER
MARGARET PUGH, Commissioner Designee
Department of Corrections
4500 Diplomacy Drive Suite 207
Anchorage, AK 99502
Telephone: 269-7400
POSITION STATEMENT: Interviewed by Committee
PETE HALLGREN, Personnel Board Member
Box 1203
Sitka, AK 99835
Telephone: 747-6909
POSITION STATEMENT: Interviewed by Committee
RONALD OTTE, Commissioner Designee
Department of Public Safety
450 Whittier Street
Juneau, AK 99811
Telephone: 465-4362
POSITION STATEMENT: Interviewed by Committee
MARK BOYER, Commissioner Designee
Department of Administration
10th Floor State Office Building
Juneau, AK 99811
Telephone: 465-2200
POSITION STATEMENT: Interviewed by Committee
ALLEN KINGMAN, Legislative Aide
Representative Scott Ogan
Alaska State Legislature
Room 409, Capitol Building
Juneau, AK 99801
Telephone: 465-3878
POSITION STATEMENT: Testified in support of HB 83
PREVIOUS ACTION
BILL: HB 83
SHORT TITLE: REVIEW OF FEDERALLY MANDATED PROGRAMS
SPONSOR(S): REPRESENTATIVE(S) OGAN, Porter, Kohring, Toohey, James,
Kelly
JRN-DATE JRN-PG ACTION
01/13/95 42 (H) PREFILE RELEASED
01/16/95 42 (H) READ THE FIRST TIME - REFERRAL(S)
01/16/95 42 (H) WTR, STA, JUD
01/25/95 136 (H) COSPONSOR(S): KOHRING, TOOHEY
01/27/95 162 (H) COSPONSOR(S): JAMES
01/31/95 (H) WTR AT 05:00 PM CAPITOL 408
01/31/95 (H) MINUTE(WTR)
02/03/95 242 (H) COSPONSOR(S): KELLY
02/08/95 268 (H) WTR RPT CS(WTR) 3DP 4NR
02/08/95 269 (H) DP: PHILLIPS, WILLIAMS, BARNES
02/08/95 269 (H) NR: KUBINA, G.DAVIS, MULDER, MACKIE
02/08/95 269 (H) 8 FISCAL NOTES (GOV, DCRA, F&G, DHSS)
02/08/95 269 (H) (LAW, DPS, REV, DOTPF) 2/8/95
02/08/95 269 (H) 9 ZERO FN (ADM, DCED, DOC, DOE, DEC)
02/08/95 269 (H) (F&G, LABOR, DNR, DM&VA) 2/8/95
02/08/95 269 (H) REFERRED TO STA
02/14/95 (H) STA AT 08:00 AM CAPITOL 519
BILL: HB 127
SHORT TITLE: 120-DAY JAIL: ASSAULT ON OFFICERS
SPONSOR(S): REPRESENTATIVE(S) KELLY
JRN-DATE JRN-PG ACTION
01/27/95 156 (H) READ THE FIRST TIME - REFERRAL(S)
01/27/95 156 (H) STA, JUD, FIN
02/14/95 (H) STA AT 08:00 AM CAPITOL 519
BILL: HB 90
SHORT TITLE: CONVENING LEGISLATURE AFTER GOV ELECTION
SPONSOR(S): REPRESENTATIVE(S) B.DAVIS, Foster, MacLean, Mackie,
Nicholia, Elton, Finkelstein, Robinson, Davies, Kubina, James,
Toohey
JRN-DATE JRN-PG ACTION
01/17/95 51 (H) READ THE FIRST TIME - REFERRAL(S)
01/17/95 52 (H) STATE AFFAIRS, JUDICIARY
01/27/95 163 (H) COSPONSOR(S): FOSTER, MACLEAN
01/30/95 180 (H) COSPONSOR(S): MACKIE, NICHOLIA
01/30/95 180 (H) COSPONSOR(S): ELTON, FINKELSTEIN
02/01/95 210 (H) COSPONSOR(S): ROBINSON, DAVIES
02/01/95 210 (H) COSPONSOR(S): KUBINA, JAMES
02/03/95 242 (H) COSPONSOR(S): TOOHEY
02/09/95 (H) STA AT 08:00 AM CAPITOL 102
02/14/95 (H) STA AT 08:00 AM CAPITOL 519
BILL: HB 130
SHORT TITLE: REGULATION ADOPTION PROCEDURES & REVIEW
SPONSOR(S): REPRESENTATIVE(S) KELLY
JRN-DATE JRN-PG ACTION
01/27/95 157 (H) READ THE FIRST TIME - REFERRAL(S)
01/27/95 157 (H) STA, JUD, FIN
02/14/95 (H) STA AT 08:00 AM CAPITOL 519
BILL: HB 30
SHORT TITLE: SCHOOL DRESS CODES
SPONSOR(S): REPRESENTATIVE(S) B.DAVIS
JRN-DATE JRN-PG ACTION
01/06/95 28 (H) PREFILE RELEASED
01/16/95 28 (H) READ THE FIRST TIME - REFERRAL(S)
01/16/95 28 (H) STA, HES
02/09/95 (H) STA AT 08:00 AM CAPITOL 102
02/14/95 (H) STA AT 08:00 AM CAPITOL 519
BILL: HJR 4
SHORT TITLE: USE OF INITIATIVE TO AMEND CONSTITUTION
SPONSOR(S): REPRESENTATIVE(S) MARTIN, Rokeberg
JRN-DATE JRN-PG ACTION
01/06/95 17 (H) PREFILE RELEASED
01/16/95 17 (H) READ THE FIRST TIME - REFERRAL(S)
01/16/95 17 (H) STATE AFFAIRS, JUDICIARY
01/26/95 (H) STA AT 08:00 AM CAPITOL 102
01/26/95 (H) MINUTE(STA)
02/07/95 (H) STA AT 08:00 AM CAPITOL 102
02/07/95 (H) MINUTE(STA)
02/09/95 (H) STA AT 08:00 AM CAPITOL 102
02/14/95 (H) STA AT 08:00 AM CAPITOL 519
BILL: HJR 1
SHORT TITLE: REPEAL OF REGULATIONS BY LEGISLATURE
SPONSOR(S): REPRESENTATIVE(S) PHILLIPS,Rokeberg,Brice,Green
JRN-DATE JRN-PG ACTION
01/06/95 16 (H) PREFILE RELEASED
01/16/95 16 (H) READ THE FIRST TIME - REFERRAL(S)
01/16/95 16 (H) STATE AFFAIRS, JUDICIARY
01/18/95 73 (H) COSPONSOR(S): GREEN
02/07/95 (H) MINUTE(ARR)
02/14/95 (H) STA AT 08:00 AM CAPITOL 519
ACTION NARRATIVE
TAPE 95-15, SIDE A
Number 000
SENATOR BERT SHARP, Chair of the Senate State Affairs Committee,
called the meeting to order at 8:05 a.m. and announced that the
purpose of the joint meeting was to hold confirmation hearings for
Margaret Pugh as Commissioner of Corrections; Pete Hallgren,
Personnel Board; Mark Boyer as Commissioner of Administration; and
Ron Otte as Commissioner of Public Safety.
Number 034
MARGARET PUGH, Commissioner Designee of Corrections, introduced
herself.
SENATOR SHARP noted the committee had copies of Commissioner Pugh's
resume and asked the committee if there were any questions for her.
Number 054
SENATOR LOREN LEMAN asked about the Cleary Settlement and how
Commissioner Pugh saw her department dealing with the mandates
which resulted.
COMMISSIONER PUGH replied she did not have a copy of the report but
had been discussing methods for lowering the cost of incarceration
in Alaska.
SENATOR LEMAN said he would get her a copy of the hearing tapes.
Number 110
REPRESENTATIVE SCOTT OGAN said his son had asked why prisoners have
cable television and weight rooms when prison is supposed to be a
punishment, and stated the public often perceives punishment for
criminals is not difficult enough. He stated he was very impressed
with the Point MacKenzie facility and asked Commissioner Pugh if
she were supportive of this project and whether she believed
prisoners should continue to be used to upgrade the assets of the
farm project there.
Number 169
COMMISSIONER DESIGNATE MARGARET PUGH said she believed the program
was viable and should be continued, but that expansion of the
project depended upon resources available. REPRESENTATIVE OGAN
stated he was impressed with how motivated the residents were to
stay there and learn skills.
Number 199
CHAIR JEANNETTE JAMES said she would like to hear Commissioner
Pugh's basic philosophy of corrections and crime control, and her
intent regarding cooperation with the legislature as they try to
solve these problems.
Number 219
COMMISSIONER PUGH said she has every intention to cooperate and she
looks forward to continuing work with the budget subcommittee. She
stated she believes that corrections is an integral but often
neglected part of the criminal justice system and it exists to
enhance the public safety of Alaskans. She added that, though the
department has very little control over who enters the system, she
believes there is an obligation to try to make them productive
citizens when they get out.
Number 270
REPRESENTATIVE BRIAN PORTER commented that the monumental
supplemental budget from Corrections is because the previous
Administration told the previous commissioner to spend at the
budget level, not the appropriation level. He noted this is not a
good policy to continue, and asked how the Cleary fines will be
handled.
Number 285
COMMISSIONER PUGH stated this is still being decided. Plaintiffs
are making a case that fines should be used for inmates, and the
department is arguing that the funds should be returned to the
department for general budget purposes.
REPRESENTATIVE PORTER observed many legislators would be
disappointed if the money went into a "Prisoners Benevolent Fund"
or something similar.
COMMISSIONER PUGH stated it was not the department's position to
create such a fund.
Number 295
REPRESENTATIVE PORTER noted management problems have resulted
because there is no "middle-management" level, in the Department of
Corrections, to implement policy and asked if this might be
changed.
COMMISSIONER PUGH said she would like to change this if funds can
be made available, and noted there is not much infrastructure in
the department, decisions go directly from policy level to
practitioner level, and this needs her immediate attention.
Number 333
SENATOR SHARP asked Commissioner Pugh if she were represented by a
union and what her status in the union would be as a commissioner.
COMMISSIONER PUGH replied she was not represented by a union the
past four years since she was a legislative employee, and the five
years prior to that she was in the exempt category.
Number 346
REPRESENTATIVE JOE GREEN discussed shipping prisoners out of state
as a method of saving money, and asked Commissioner Pugh's plans
for this or other methods of saving funds.
COMMISSIONER PUGH replied she viewed shipping prisoners to Arizona
as a stop-gap measure, and she thought this should be an
introspective year for the department aimed at developing a
comprehensive plan of dealing with the growing inmate population.
REPRESENTATIVE GREEN asked for her personal opinion about shipping
prisoners out of state.
Number 390
COMMISSIONER PUGH said she would prefer Alaska to be able to meet
its own needs and added it is not good for inmates to be away from
their own communities and cultures because it makes reintegration
more difficult when they are released. She added development of
larger facilities in the more populated areas would decrease the
per prisoner, per day cost.
Number 439
REPRESENTATIVE IVAN IVAN recommended hiring several liaisons, for
different regions, who would be more aware of cultural
organizations, needs, and problems.
COMMISSIONER PUGH replied she is currently interviewing for the
position of Rural Coordinator to fulfill just such a role, for all
rural areas of the state.
Number 472
SENATOR SHARP pointed out he has encountered much dismay with
probation officers "playing phone tag" with prisoners instead of
contacting them in person, because of a serious backlog. He
believes "the worst of the worst" convicted felons are out on
parole, and if anything we ought to keep track of them visually, as
often as possible.
COMMISSIONER PUGH said she had recently appointed Linda Zaugg as
Director of Community Corrections to deal with this problem.
Number 503
SENATOR SHARP said he had heard in Fairbanks that the correctional
facility had a partial wing being used just for storage, which
could accommodate 10 to 15 more inmates, and asked that this be
checked out. He added he heard one wing of Spring Creek Prison
still had only single occupancy, when money had been appropriated
to double bunk some of those cells.
Number 517
REPRESENTATIVE CAREN ROBINSON said since juvenile waivers began,
there has been a 200 percent increase in the number of juveniles
going into adult facilities, and asked what problems this has
created.
COMMISSIONER PUGH replied we are just beginning to see juveniles
sentenced under last year's law and the number will increase. She
added having juveniles in adult facilities is a problem, because
they are more likely to be victimized, and because they have less
impulse control than adults so dealing with them requires a
different structure. She suggested separate wings to house them,
and mentioned aging inmates present a different set of problems.
Number 560
REPRESENTATIVE CAREN ROBINSON inquired about women in detention and
the potential for another suit similar to the Cleary suit.
COMMISSIONER PUGH said there had been no resolution; the Cleary
suit had called for separate facilities for women offenders by
1994, and obviously that has not occurred. She added that women
say they do not get the jobs or the activities available to men,
and this has not been addressed satisfactorily either.
SENATOR SHARP thanked Commissioner Pugh and suggested moving on to
the next candidate.
Number 589
PETE HALLGREN, Member of the Personnel Board, testified via
teleconference.
CHAIR JAMES asked for comments from Mr. Hallgren about why he wants
this position.
MR. HALLGREN replied that, as his resume states, he has been
involved in government for the past 20 years and is very interested
in the process; he enjoys the process and the public service.
Number 605
REPRESENTATIVE ROBINSON asked for an explanation as to why the
committee was reviewing this candidate when Mr. Hallgren's name had
not been sent down by the Governor's Office for confirmation.
SENATOR SHARP replied Mr. Hallgren's name had been read across in
the Senate and he was instructed to have hearings.
Number 611
SENATOR LOREN LEMAN noted Mr. Hallgren had been admitted to the
Sitka Tribal Bar, and referred to a statement made recently by a
candidate for a commissioner position regarding the cultural
ignorance and racial bias of the Supreme Court. He asked if Mr.
Hallgren had made the same observations of the Alaska court system.
MR. HALLGREN said he did not know; he had seen many changes over
the years in Native self-determination, and the Sitka Tribal Court
was a pioneer effort. He added it was a growing process.
Number 630
REPRESENTATIVE JOE GREEN commented Mr. Hallgren was chairman of the
Republican Party and asked if he planned to continue with this
affiliation.
MR. HALLGREN replied his confirmation to the Personnel Board would
not determine whether he continued with his party position. He
added he had not run for the position, and his continuing in that
capacity would depend on how well he did the job.
REPRESENTATIVE GREEN asked if there would be a conflict for his
time.
MR. HALLGREN said there is always a conflict for his time, and he
has the privilege of being involved in a lot of things.
Number 654
REPRESENTATIVE ED WILLIS asked what the Personnel Board does.
MR. HALLGREN replied the board was set up prior to state employees
becoming predominantly unionized, so it does not deal with
employees who fall under collective bargaining units. He continued
the Personnel Board deals with about 1,200 non-unionized employees,
they approve and disapprove amendments to the personnel roles,
consider recommendations for the classified service, and handle
some ethics appeals.
Number 670
REPRESENTATIVE ROBINSON asked if Mr. Hallgren if he was currently
sitting on the board.
CHAIR JAMES said he had been appointed to the board in June, 1994.
REPRESENTATIVE ROBINSON asked Mr. Hallgren about a memorandum he
had sent to the Republican Party of Alaska expressing concern over
a resolution requesting the Congressional Delegation, Governor, and
state Legislators to employ registered Republicans on their exempt
staff.
MR. HALLGREN replied the memorandum was one which came from the
Republican Party at the state convention asking elected Republican
legislators to hire registered Republicans as staff members.
REPRESENTATIVE ROBINSON asked Mr. Hallgren if he thought this
should be a requirement on the state level.
MR. HALLGREN replied Republican Party leaders should hire
Republicans.
TAPE 95-15, SIDE B
Number 000
RONALD L. OTTE, Commissioner Designee, Department of Public Safety,
introduced himself and said he had been involved in law enforcement
in Alaska for 29 years.
REPRESENTATIVE PORTER stated he had known Commissioner Otte for a
number of years, had worked closely with him and was in favor of
his appointment.
Number 036
REPRESENTATIVE GREEN asked Commissioner Otte what he had been doing
for the year hiatus in his resume.
COMMISSIONER OTTE explained he spent the time developing his own
consulting business and visiting family.
CHAIR JAMES commented she had extensive conversations with
Commissioner Otte and any questions she had were already answered
to her satisfaction.
SENATOR SHARP asked when the Governor had appointed Commissioner
Otte.
COMMISSIONER OTTE said he started on December 19, 1994, and had
been appointed a week prior to that, and had been on the job since
then.
Number 080
SENATOR SHARP asked Commissioner Otte if he had any experience in
management audits.
COMMISSIONER OTTE replied he had some experience investigating
criminal audits.
SENATOR SHARP questioned Commissioner Otte about the "wolf
incident" of November 29, 1994, asking whether there had been any
contact with the Governor or his staff after the original
assignment directives regarding the investigation, up to the time
of the transmittal of the draft to the Governor's Office.
COMMISSIONER OTTE answered he had no conversations with the
Governor. He added he had one conversation with the Governor's
Chief of Staff to clarify exactly what focus he was looking for in
the report.
COMMISSIONER OTTE added his concern was that Public Safety not be
put in a position to pass judgmental considerations as to whether
the wolf and predator control was good or bad. He wanted to keep
the department's involvement simply focused on the incident of
November 29, and he reaffirmed this in his conversation with the
Chief of Staff.
Number 125
SENATOR SHARP asked Commissioner Otte if there were reviews, in
oral or printed form, shared between him or any member of the
Governor's staff, primarily Mr. Ayers, Mr. Ramser, or the Governor,
regarding any of Public Safety's findings in the three or four
drafts done in his department.
COMMISSIONER OTTE answered there were none by him, but while he was
out of town Deputy Commissioner Smith spoke with the Chief of Staff
about the report and took it to the Department of Law to insure
there would be no problem in releasing it. He was aware of no
discussions prior to that.
SENATOR SHARP said he wondered what motivated Commissioner Otte or
his staff to proceed through three or four editing processes which
continually narrowed the focus of the final report and disregarded
or completely reversed many of the findings enumerated in the
initial draft report.
Number 150
COMMISSIONER OTTE answered neither Deputy Commissioner Smith nor
himself wrote that report. He added they tried to provide
direction to the investigators working on the report to assure they
understand what Public Safety's "marching orders" were from the
Governor's Office in terms of what the report should address. He
added he wanted to be sure Public Safety was not put in a position
to take a stand on predator or wolf control and he tried to keep
them focused on November 29, to determine what went wrong and why
the incident appeared as it did.
Number 170
SENATOR SHARP thanked Commissioner Otte for taking time to meet
with him the previous Saturday and said he had "blown away a lot of
smoke and established a comfort level" with the wolf incident
investigation. He asked whether the Governor's original directive
regarding the scope and the focus of the project was in writing.
COMMISSIONER OTTE answered he wanted to be sure he understood the
directive so he sent a memo to the Governor's office on what his
department felt the scope of their review should be. When the
Governor released his press release, many of the points identified
in that memo were included, so the department used the Governor's
news release as their guide on the project.
SENATOR SHARP requested the original memorandum or written
instructions be made available to him, and said using press
releases for a guide is dangerous. He added he appreciated the
openness of Commissioner Otte and his staff to discuss and provide
information.
Number 204
REPRESENTATIVE IVAN said he too had conversations with Commissioner
Otte and, therefore, did not have many questions. He commented the
Department of Public Safety was spread over a large area in its
responsibility to keep law and order and asked that Commissioner
Otte attempt to strengthen the Village Public Safety Officer
Program.
SENATOR SHARP asked who in the Department of Law had reviewed the
wolf incident report before it was sent to the Governor and whether
any changes had been requested.
COMMISSIONER OTTE answered he believed the Deputy Commissioner had
taken the report to Laurie Otto, and that no changes were made and
there were no instructions to make changes. He had the Deputy
Commissioner pick up that document personally when Department of
Law had indicated the document contained nothing to preclude it
from becoming public.
Number 236
REPRESENTATIVE SCOTT OGAN stated he had also talked extensively
with Commissioner Otte about this issue and appreciated his
openness and willingness to keep an open door, adding Commissioner
Otte had an excellent reputation in his district.
Number 263
SENATOR SHARP thanked Commissioner Otte and suggested moving on to
the next candidate, Mark Boyer.
MARK BOYER, Commissioner Designee of Administration, testified via
teleconference, saying he had been on the job since December 19.
He said he had not been actively involved with the Governor's
campaign though he supported his candidacy. He had left his
position as City Manager of Fairbanks November 1, due to a
difference regarding contract terms and was contacted by the
Governor after the election. He said the Governor felt his
experience bargaining with Unions would be valuable.
Number 312
REPRESENTATIVE PORTER asked Commissioner Boyer if he thought the
average wages and benefits of state employees were high, low, or
about right.
COMMISSIONER BOYER replied he now had a recently-completed survey
to verify his opinion that generally state employees enjoy higher
wages than their counterparts in other governments or the private
sector.
REPRESENTATIVE PORTER asked whether Commissioner Boyer thought the
number of represented employees compared to the total of state
employees was high, low, or about right.
COMMISSIONER BOYER answered he sensed the state is over managed and
he would be reviewing this, but a simple 10 percent or 15 percent
cut would not be adequate. He added that there is a need for an
"aggressively down-sized state work force."
Number 361
REPRESENTATIVE PORTER said his question was aimed at the percentage
of the number represented versus the number not represented, not at
the total number of the work force.
COMMISSIONER BOYER replied there are roughly 2,500 state employees
not represented out of a total of about 19,000, so clearly the vast
majority of state employees are represented by one of the eleven
bargaining units. This poses a level of frustration to any new
Administration because existing employees are already represented
by binding contracts.
Number 387
SENATOR LEMAN asked if the salary survey also included benefits.
COMMISSIONER BOYER said it did, in fact the bulk of the report
deals with job class comparisons, including wages and all benefits.
SENATOR LEMAN referred to Senator Stevens' report from the
bipartisan Commission on Entitlement and Tax Reform, adding he
believes the Alaska condition is comparable to the federal
condition in terms of the long-range outlook, except Alaska will
probably be in deep trouble sooner. He asked Commissioner Boyer
if he could support the idea of changing Alaska's retirement system
to use defined contribution versus defined benefit for new hires.
COMMISSIONER BOYER said he was familiar with the argument between
defined contribution versus defined benefit, and was encouraging
his staff to be creative and expansive in bringing down the cost of
wages and benefits.
Number 440
SENATOR LEMAN asked Commissioner Boyer if he had any change to
investigate the state procurement code to bring down the cost of
state purchasing.
COMMISSIONER BOYER replied he had not had time to focus any energy
on procurement, but he did have a director of General Services in
place and planned to begin a review process. He referred to a list
comparing current state purchase contracts with prices at Costco,
showing some items cost one-third of what is currently being paid,
and said this is a very high priority.
Number 476
CHAIR JAMES referred to Commissioner Boyer's earlier statement that
he supported employees' rights to have a bargaining unit, and his
subsequent statement that as an administrator, it is difficult to
negotiate because of so many binding contract units. She continued
that although she supports private industry employees rights to
bargaining, she believes at a state level it interferes with the
legislature's rights to appropriate money for specific jobs and
with the people's rights to make decisions although they are the
payors. She asked Commissioner Boyer whether he believed it was in
the best interest of the public to allow bargaining units to be set
up within municipal, city, and state governments.
Number 500
COMMISSIONER BOYER replied he had previously believed the Public
Employees Relations Act should apply to local governments and
school districts. He added this is not an area available to him in
his current position. He continued he believed in employees'
rights to collectively bargain and there should be finality in that
bargaining process, and he is an aggressive proponent of the right
to strike as a benefit to both employers and employees.
COMMISSIONER BOYER continued he believes the legislature does have
its rights protected with regard to financing wages and benefits by
it prerogative to appropriate.
CHAIR JAMES asked Commissioner Boyer if he saw a difference in
collective bargaining between the wages and benefits portion versus
the issues of fairness and non-discrimination.
COMMISSIONER BOYER replied they are two different areas, referred
to as mandatory terms and conditions of bargaining. He said he is
entrusted to uphold the law and the constitution of Alaska in
bargaining in good faith given the available tools.
Number 532
SENATOR SHARP asked if any major programs in his department will be
changed, particularly longevity bonus and pioneer homes.
COMMISSIONER BOYER said he agreed with phasing out the Longevity
Bonus Program and supports that effort. With regard to pioneer
homes, he noted they have been changing to an assisted living model
which saves money and staffing and he will be looking at combining
facilities to achieve economies of scale.
SENATOR SHARP thanked Commissioner Boyer and asked for a motion to
move these nominations from committee.
Number 574
SENATOR RANDY PHILLIPS moved the committee adopt a letter
confirming appointments of Mark Boyer as Commissioner of
Administration, Ron Otte as Commissioner of Public Safety, Peter
Hallgren to the Personnel Board, and Margaret Pugh as Commissioner
of Corrections, with individual recommendations. There were no
objections from Senate members, and it was so ordered. The Senate
members were dismissed.
Number 585
CHAIR JAMES asked for a motion from the House members, noting such
a motion would in no way be a recommendation to vote for or against
the proposed candidates.
REPRESENTATIVE GREEN moved the four nominations be moved from
committee.
REPRESENTATIVE ROBINSON requested each candidate be considered
separately.
REPRESENTATIVE GREEN withdrew his motion.
Number 596
REPRESENTATIVE ROBINSON moved to forward Margaret Pugh's name to a
joint session for consideration as Commissioner of the Department
of Corrections. Hearing no objection, the motion passed.
Number 604
REPRESENTATIVE OGAN moved to forward Peter Hallgren's name to a
joint session for consideration for the Personnel Board.
REPRESENTATIVE ROBINSON objected on the basis that the Governor had
not submitted Mr. Hallgren's name to the legislature for
consideration.
CHAIR JAMES noted she had in her office a legal opinion stating Mr.
Hallgren was appointed by the previous Governor and the Legislature
had the right to confirm him, and she said she would make that
legal opinion available. She called for a vote. Representatives
Green, Ivan, Porter, Ogan, and James voted "yes." Representatives
Robinson and Willis voted "no." The motion passed.
Number 627
REPRESENTATIVE PORTER moved that Ron Otte's name be forwarded to a
joint session for consideration for Commissioner of Department of
Public Safety. Hearing no objection, the motion passed.
Number 630
REPRESENTATIVE WILLIS moved that Mark Boyer's name be forwarded to
a joint session for consideration for Commissioner of Department of
Administration. Hearing no objection, the motion passed.
Number 633
CHAIR JAMES called for a brief break. She called the meeting back
to order at 9:40 a.m.
HSTA - 02/14/95
CSHB 83 - REVIEW OF FEDERALLY MANDATED PROGRAMS
The next order of business was HB 83.
REPRESENTATIVE SCOTT OGAN testified as sponsor of House Bill 83.
He read his sponsor statement:
"I have introduced HB 83 as a companion bill to HJR 8, "A
Resolution relating to mandates and other conditions imposed on the
states by the federal government." Whereas the Resolution
articulates the resolve of the citizens of this state to stand
against further attempts by the federal government to encroach upon
our autonomy and rights as a state under the Tenth Amendment to the
United States Constitution, this bill provides a simple and
practical modality for taking that stand."
He added the bill requires commissioners and agency heads to
scrutinize unfunded mandates through the Office of Management and
Budget to find out if they are constitutional. A review would
occur every four years under each new Administration. The bill
directs them to look for more cost effective ways to implement the
mandate, negotiate with the federal government, or sue the federal
government based on the Tenth Amendment states' powers. He
continued there have been no studies as to what unfunded mandates
cost, but Anchorage estimates by the year 2000 the environmental
mandates alone will cost the city of Anchorage almost $430 million.
There is a fiscal note attached, and it is his hope the bill will
save the state money.
Number 683
REPRESENTATIVE ROBINSON noted there are numerous different bills
dealing with this same subject and asked if they might be analyzed
and possibly consolidated.
TAPE 95-16, SIDE A
Number 000
CHAIR JAMES agreed such an evaluation needs to be done. She added
the House Majority has the responsibility to determine which
approach should go forward. HB 83 will next go to Judiciary and an
analysis will be done then, and this bill must be judged on its own
merit at this time and not in comparison with other bills.
Number 022
REPRESENTATIVE ROBINSON said she had hoped all bills dealing with
federal mandates could be studied in a subcommittee to create a
uniform package. She asked Representative Ogan to explain further
how his bill would affect federal mandates.
REPRESENTATIVE OGAN replied his intent was to look, for example, at
the Endangered Species Act and its affect on forest products. He
continued the Brady Bill is another example of an unfunded federal
mandate demanding costs be absorbed by local police forces. The
bill would scrutinize such mandates to see whether the federal
government is exceeding its powers by circumventing states Tenth
Amendment powers and placing funding burdens on them. Each
administration would have the chance to do this using their
specific priorities.
Number 094
REPRESENTATIVE PORTER noted that municipal assemblies have similar
discussions about what the state is doing to them. He asked how HB
83 would save the state money.
REPRESENTATIVE OGAN referred to page 3, lines 21 through 27 of CSHB
83(WTR) saying the review would determine whether the mandate is
consistent with state policy and suited to the states' needs, would
recommend ways in which the state program might be altered to more
efficiently implement the federal mandate, and would determine the
advisability of pursuing a legal challenge to the validity of the
mandate. Hopefully, through a series of cost-effective adjustments
and negotiations with the federal government, money could be saved.
Number 145
REPRESENTATIVE IVAN asked if Alaska challenged a mandate under this
bill, would the state still be required to implement the mandate as
the challenge went through the court system.
CHAIR JAMES said that would require a legal response.
REPRESENTATIVE PORTER said he was sure the answer was yes, that the
federal law had supremacy over state law and would remain in effect
during the time of a challenge.
CHAIR JAMES added that is the issue, because many federal laws
exceed their authority under the constitution.
Number 179
REPRESENTATIVE ED WILLIS asked how Representative Ogan envisioned
the present Regulation Review Committee fitting into this.
REPRESENTATIVE OGAN responded he did not know exactly how it would
fit in, but that the Office of Management and Budget would review
each program with the help of agency heads.
CHAIR JAMES added that much of the states' distress with mandates
comes not from the mandate itself but with the regulations
propagated because of the mandate, and she sees a direct connection
between this challenge to federal mandates and the need for
regulation relief and reform. She noted a need also for an
examination of duplication of services.
REPRESENTATIVE GREEN commented that Alaska is joining several other
states in this effort to challenge the federal government, and
asked if the $700,000 cost would be born by Alaska alone and
whether this would create a bias toward some of Alaska's sister
states. He asked if this were a coordinated effort.
REPRESENTATIVE OGAN referred the question to his aide Allen
Kingman, who is licensed to practice law in Alaska, noting that
Alaska has unique situations and may have to fight some battles
alone but it is his intention to join with other states where there
is common ground.
Number 284
ALLEN KINGMAN, Legislative Aide to Representative Scott Ogan,
stated he had been involved in drafting HB 83 from the beginning,
and replied to Representative Green the bill simply provides a
review process and does not make decisions on Alaska's ultimate
actions on any mandate. He said it would be appropriate for Alaska
to join with other states in suits, though looking at the
appropriateness of mandates for Alaska in particular would be a
singular effort.
CHAIR JAMES reminded the committee the next meeting will be on
teleconference regarding HB 105, and noted the sponsor of HB 130,
which is similar to HB 105, is invited to participate.
REPRESENTATIVE OGAN asked if anyone would object to moving HB 83
from committee at this time.
CHAIR JAMES replied that she objected, and she adjourned the
meeting at 10:03 a.m.
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