05/13/2021 03:00 PM House STATE AFFAIRS
| Audio | Topic | 
|---|---|
| Start | |
| SB47 | |
| HB187 | |
| HB118 | |
| HB177 | |
| Adjourn | 
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 198 | TELECONFERENCED | |
| += | HB 177 | TELECONFERENCED | |
| + | SB 71 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 47 | TELECONFERENCED | |
| += | HB 187 | TELECONFERENCED | |
| += | HB 118 | TELECONFERENCED | |
                    ALASKA STATE LEGISLATURE                                                                                  
             HOUSE STATE AFFAIRS STANDING COMMITTEE                                                                           
                          May 13, 2021                                                                                          
                           3:42 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Jonathan Kreiss-Tomkins, Chair                                                                                   
Representative Matt Claman, Vice Chair                                                                                          
Representative Geran Tarr                                                                                                       
Representative Andi Story                                                                                                       
Representative Sarah Vance                                                                                                      
Representative James Kaufman                                                                                                    
Representative David Eastman                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 47                                                                                                              
"An  Act relating  to special  registration  plates for  vehicles                                                               
owned by persons with disabilities."                                                                                            
                                                                                                                                
     - MOVED SB 47 OUT OF COMMITTEE                                                                                             
                                                                                                                                
HOUSE BILL NO. 187                                                                                                              
"An  Act relating  to the  elimination or  modification of  state                                                               
agency publications that are  outdated, duplicative, or excessive                                                               
or   that  could   be  improved   or   consolidated  with   other                                                               
publications   or  exclusively   delivered  electronically;   and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 118                                                                                                              
"An Act  relating to state identifications  and driver's licenses                                                               
for  persons in  the custody  of the  Department of  Corrections;                                                               
relating  to  the  duties of  the  commissioner  of  corrections;                                                               
relating to  living conditions for  prisoners; and  providing for                                                               
an effective date."                                                                                                             
                                                                                                                                
     - MOVED CSHB 118(STA) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 177                                                                                                              
"An  Act relating  to  an  increase of  an  appropriation due  to                                                               
additional federal  or other program receipts;  and providing for                                                               
an effective date."                                                                                                             
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 198                                                                                                              
"An  Act establishing  September  10 as  Alaska Community  Health                                                               
Aide Appreciation Day."                                                                                                         
                                                                                                                                
     - BILL HEARING POSTPONED TO 5/15/21                                                                                        
                                                                                                                                
COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 71(FIN)                                                                                
"An  Act   relating  to   special  request   registration  plates                                                               
celebrating  the arts;  relating to  artwork in  public buildings                                                               
and facilities; relating  to the management of  artwork under the                                                               
art in public  places fund; relating to the powers  and duties of                                                               
the Alaska  State Council  on the  Arts; establishing  the Alaska                                                               
arts  and   cultural  investment  fund;  and   providing  for  an                                                               
effective date."                                                                                                                
                                                                                                                                
     - BILL HEARING POSTPONED TO 5/15/21                                                                                        
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 47                                                                                                                   
SHORT TITLE: VEHICLE REGISTRATION/PERSONS W/DISABILITY                                                                          
SPONSOR(s): SENATOR(s) GRAY-JACKSON                                                                                             
                                                                                                                                
01/25/21       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/25/21       (S)       STA                                                                                                    
03/23/21       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
03/23/21       (S)       Heard & Held                                                                                           
03/23/21       (S)       MINUTE(STA)                                                                                            
04/22/21       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
04/22/21       (S)       Moved SB 47 Out of Committee                                                                           
04/22/21       (S)       MINUTE(STA)                                                                                            
04/23/21       (S)       STA RPT  4DP                                                                                           
04/23/21       (S)       DP: SHOWER, HOLLAND, KAWASAKI, COSTELLO                                                                
04/30/21       (S)       TRANSMITTED TO (H)                                                                                     
04/30/21       (S)       VERSION: SB  47                                                                                        
04/30/21       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/30/21       (H)       STA                                                                                                    
05/06/21       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
05/06/21       (H)       Heard & Held                                                                                           
05/06/21       (H)       MINUTE(STA)                                                                                            
05/11/21       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
05/11/21       (H)       -- MEETING CANCELED --                                                                                 
05/13/21       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
                                                                                                                                
BILL: HB 187                                                                                                                  
SHORT TITLE: STATE AGENCY PUBLICATIONS                                                                                          
SPONSOR(s): REPRESENTATIVE(s) KAUFMAN                                                                                           
                                                                                                                                
04/22/21       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/22/21       (H)       STA, FIN                                                                                               
04/29/21       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
04/29/21       (H)       <Bill Hearing Canceled>                                                                                
05/06/21       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
05/06/21       (H)       Heard & Held                                                                                           
05/06/21       (H)       MINUTE(STA)                                                                                            
05/11/21       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
05/11/21       (H)       -- MEETING CANCELED --                                                                                 
05/13/21       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
                                                                                                                                
BILL: HB 118                                                                                                                  
SHORT TITLE: EXPANDING PRISONER ACCESS TO COMPUTERS                                                                             
SPONSOR(s): REPRESENTATIVE(s) KREISS-TOMKINS                                                                                    
                                                                                                                                
03/01/21       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/01/21       (H)       STA                                                                                                    
03/18/21       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
03/18/21       (H)       Heard & Held                                                                                           
03/18/21       (H)       MINUTE(STA)                                                                                            
03/23/21       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
03/23/21       (H)       Heard & Held                                                                                           
03/23/21       (H)       MINUTE(STA)                                                                                            
04/01/21       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
04/01/21       (H)       Heard & Held                                                                                           
04/01/21       (H)       MINUTE(STA)                                                                                            
04/27/21       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
04/27/21       (H)       Heard & Held                                                                                           
04/27/21       (H)       MINUTE(STA)                                                                                            
05/11/21       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
05/11/21       (H)       -- MEETING CANCELED --                                                                                 
05/13/21       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
                                                                                                                                
BILL: HB 177                                                                                                                  
SHORT TITLE: REVISED PROGRAM: APPROPRIATIONS                                                                                    
SPONSOR(s): REPRESENTATIVE(s) TUCK                                                                                              
                                                                                                                                
04/16/21       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/16/21       (H)       STA, FIN                                                                                               
05/11/21       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
05/11/21       (H)       -- MEETING CANCELED --                                                                                 
05/13/21       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
SENATOR ELVI GRAY-JACKSON                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  During the hearing on SB 47, testified as                                                                
the prime sponsor.                                                                                                              
                                                                                                                                
ANNETTE ALFONSI                                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of SB 47.                                                                           
                                                                                                                                
BESSE ODOM, Staff                                                                                                               
Senator Elvi Gray-Jackson                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  During the hearing on SB 47, on behalf of                                                                
Senator Gray-Jackson, prime sponsor, presented the Senator Gray-                                                                
Jackson's response to a letter opposing the bill.                                                                               
                                                                                                                                
MATTHEW HARVEY, Staff                                                                                                           
Representative James Kaufman                                                                                                    
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  During the hearing on HB 187, on behalf of                                                               
Representative Kaufman, prime sponsor, presented a sectional                                                                    
analysis on Version G of the bill.                                                                                              
                                                                                                                                
JEFFREY STEPP, Staff                                                                                                            
Representative Jonathan Kreiss-Tomkins                                                                                          
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  During the hearing on HB 118, explained                                                                  
Amendment 4 and answered questions on behalf of Representative                                                                  
Kreiss-Tomkins, prime sponsor of the bill.                                                                                      
                                                                                                                                
LAURA BROOKS, Division Operations Manager                                                                                       
Health and Rehabilitation Services                                                                                              
Department of Corrections (DOC)                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Answered questions pertaining to HB 118.                                                                 
                                                                                                                                
KACI SCHROEDER, Assistant Attorney General                                                                                      
Criminal Division                                                                                                               
Department of Law (DOL)                                                                                                         
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions pertaining to HB 118.                                                                 
                                                                                                                                
REPRESENTATIVE CHRIS TUCK                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   As the prime sponsor of  HB 177, introduced                                                             
the bill.                                                                                                                       
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:42:23 PM                                                                                                                    
                                                                                                                                
CHAIR  JONATHAN KREISS-TOMKINS  called  the  House State  Affairs                                                             
Standing   Committee    meeting   to    order   at    3:42   p.m.                                                               
Representatives  Vance,  Story,   Claman,  Kaufman,  and  Kreiss-                                                               
Tomkins  were present  at  the call  to  order.   Representatives                                                               
Eastman and Tarr arrived as the meeting was in progress.                                                                        
                                                                                                                                
        SB 47-VEHICLE REGISTRATION/PERSONS W/DISABILITY                                                                     
                                                                                                                                
3:43:13 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS  announced that the first  order of business                                                               
would  be  SENATE  BILL  NO.  47, "An  Act  relating  to  special                                                               
registration   plates  for   vehicles  owned   by  persons   with                                                               
disabilities."                                                                                                                  
                                                                                                                                
3:43:39 PM                                                                                                                    
                                                                                                                                
SENATOR  ELVI  GRAY-JACKSON,  Alaska State  Legislature,  as  the                                                               
prime sponsor  of SB  47, reminded committee  members that  SB 47                                                               
would amend  the statute  to allow  speech-language pathologists,                                                               
physical  therapists,  and  occupational  therapists  to  provide                                                               
proof of disability  to their client.  She pointed  out that only                                                               
chiropractors,  physicians, physicians'  assistants, or  advanced                                                               
practice  registered  nurses  can   currently  provide  proof  of                                                               
disability to their  client.  She noted that SB  47 is also known                                                               
as the disabled parking placard bill.                                                                                           
                                                                                                                                
CHAIR KREISS-TOMKINS opened public testimony on SB 47.                                                                          
                                                                                                                                
3:44:56 PM                                                                                                                    
                                                                                                                                
ANNETTE ALFONSI  testified in support of  SB 47.  She  shared the                                                               
story of someone who needed  extra time in physical therapy after                                                               
a  knee  replacement  and  who could  have  used  a  [disability]                                                               
parking placard.   The  physician's office was  full for  a month                                                               
and during  this wait time  the patient  fell while walking  in a                                                               
parking  lot  in  winter,  breaking  a  hip  and  needing  a  hip                                                               
replacement.   The  patient's easily  managed and  temporary case                                                               
was escalated  into a  major issue, leave  of absence  from work,                                                               
bigger medical  bills, and  chronic increased  pain.   This could                                                               
have been  prevented if the  physical therapist had been  able to                                                               
write the [application] form for a [disability] parking placard.                                                                
                                                                                                                                
MS.  ALFONSI  stated that  when  thinking  of  this bill  she  is                                                               
thinking of the  next person who will slip and  fall next winter.                                                               
She  related  that  about  20   percent  of  the  Anchorage  Bowl                                                               
population  is eligible  for services  at  Joint Base  Elmendorf-                                                               
Richardson (JBER) Hospital.   In other states  the specialists in                                                               
SB 47 can write [an application]  form for the military, but upon                                                               
moving to Alaska  they can no longer write the  forms even though                                                               
they have the experience, expertise,  and scope of practice to do                                                               
it.  The Veterans Administration  is known for being difficult to                                                               
schedule an appointment  with a physician; the least  that can be                                                               
done for veterans  who gave up their mobility for  the freedom of                                                               
Americans is to  make it easier for them to  get the [disability]                                                               
parking placard.                                                                                                                
                                                                                                                                
MS. ALFONSI stated that SB 47  is simple, but profound.  She said                                                               
the  only thing  legislators are  voting on  is whether  physical                                                               
therapists,   speech-language   pathologists,  and   occupational                                                               
therapists should be  able to write the [application]  form for a                                                               
disability parking placard in Alaska.  She urged a vote of yes.                                                                 
                                                                                                                                
CHAIR  KREISS-TOMKIN  closed  public  testimony on  SB  47  after                                                               
ascertaining that no one else wished to testify.                                                                                
                                                                                                                                
3:47:42 PM                                                                                                                    
                                                                                                                                
SENATOR  GRAY-JACKSON  referenced  a letter  from  Representative                                                               
Prax  essentially opposing  the  bill.   She  requested that  her                                                               
staff person  read the bill  sponsor's letter of response  to the                                                               
representative's concerns.                                                                                                      
                                                                                                                                
3:47:57 PM                                                                                                                    
                                                                                                                                
BESSE  ODOM,  Staff,  Senator  Elvi  Gray-Jackson,  Alaska  State                                                               
Legislature, testified  on behalf of Senator  Gray-Jackson, prime                                                               
sponsor of SB 47.   She related that on May  9, 2021, the sponsor                                                               
received a  letter from Representative  Prax.  She said  the bill                                                               
sponsor had replied  that the intent of SB 47  is to fix back-end                                                               
issues related to receiving disability  plates, such as expanding                                                               
access   and  reducing   overall  wait   times.     The  proposed                                                               
legislation does not address issues  around parking spaces or the                                                               
perceived misuse of disability plates;  an additional bill may be                                                               
needed to  address the  issues presented in  the letter,  and Ms.                                                               
Odom said the  bill sponsor had let Representative  Prax know she                                                               
would be willing to work with him to produce such a bill.                                                                       
                                                                                                                                
3:49:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  recalled  a question  asked  during  the                                                               
bill's previous hearing regarding  who would bear legal liability                                                               
if a  person who  received a  license plate  under this  bill was                                                               
involved in  an accident that  related to their disability.   For                                                               
example,  whether a  speech-language  pathologist  could be  held                                                               
liable.                                                                                                                         
                                                                                                                                
CHAIR KREISS-TOMKINS  recalled that  when Jeffrey Schmitz  of the                                                               
Division  of  Motor Vehicles  (DMV)  answered  this question  [on                                                               
5/6/21], Mr.  Schmitz didn't think  that there was  any liability                                                               
associated with the [disability  parking] placard.  Chair Kreiss-                                                               
Tomkins allowed  he didn't  know if that  was a  definitive legal                                                               
analysis.                                                                                                                       
                                                                                                                                
3:50:20 PM                                                                                                                    
                                                                                                                                
SENATOR GRAY-JACKSON  said a question  was put forth to  Ms. Lori                                                               
Wing-Heier  [Director,  Division   of  Insurance,  Department  of                                                               
Commerce, Community & Economic Development]  about what a typical                                                               
liability  profile  insurance  would  be for  the  new  group  of                                                               
medical  professionals that  would be  able to  issue [disability                                                               
parking]  placards versus  the typical  insurance  levels that  a                                                               
physician  carries.   She spoke  from  Ms. Wing-Heier's  e-mailed                                                               
response as follows:                                                                                                            
                                                                                                                                
     In   reviewing  the   descriptions   in  the   business                                                                    
     licensing statutes, the two  new categories being added                                                                    
     by   [SB]   47,   the  close   analysis   of   physical                                                                    
     capabilities or disabilities are  apparent. ... None of                                                                    
     the classifications  note specific agreements  with the                                                                    
     [Division]   of  Motor   Vehicles  [DMV]   to  identify                                                                    
     motorists  who  would   benefit  from  the  handicapped                                                                    
     placard or license plates.   The insurance forms do not                                                                    
     address   the   assignments  of   handicapped   parking                                                                    
     materials.  Insurance forms  would generally respond if                                                                    
     the person in  question was shown to  be legally liable                                                                    
     due to the performance  of their professional services.                                                                    
     We  cannot  find any  information  in  our filings  for                                                                    
     professional liability that addresses  an increase in a                                                                    
     premium because of the issuance  of a handicapped plate                                                                    
     or   placard.     The   handicapped  designations   are                                                                    
     generally assigned  when the mobility is  limited.  The                                                                    
     handicapped  parking  materials   would  still  require                                                                    
     proper licensing of the driver  to meet the requirement                                                                    
     of DMV.                                                                                                                    
                                                                                                                                
3:51:46 PM                                                                                                                    
                                                                                                                                
SENATOR  GRAY-JACKSON,  responding   to  Representative  Eastman,                                                               
explained that the  part he referenced about  veterans is already                                                               
in  state statute.   She  said the  only thing  new in  SB 47  is                                                               
adding  speech-language  pathologists, physical  therapists,  and                                                               
occupational therapists.                                                                                                        
                                                                                                                                
3:53:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  maintained that  a  step  away from  the                                                               
bill's original intent is being  taken, which focused narrowly on                                                               
someone's limited ability to walk.   He said the committee is now                                                               
going  past that  and he  is wondering  why the  committee hasn't                                                               
gone  back and  amended that  portion  of the  statute which,  at                                                               
present, on  page 1, just  limits it to those  who can walk.   He                                                               
stated that the only people who  can apply for this are those who                                                               
have a disability that limits or impairs their ability to walk.                                                                 
                                                                                                                                
SENATOR  GRAY-JACKSON  referenced  an   e-mail  provided  by  Ms.                                                               
Alfonsi [in follow-up  to the bill's 5/6/21 hearing].   She spoke                                                               
from the e-mail as follows:                                                                                                     
                                                                                                                                
     Upon reflection, the disability  parking placard law is                                                                    
     only about parking,  not about driving, so  it would be                                                                    
     inappropriate  to  add  drive  to  the  end  of  it  as                                                                    
     suggested  in the  last meeting.   Also,  since someone                                                                    
     who isn't driving can get  a disability parking placard                                                                    
     form for  someone else to  drive, it furthers  the idea                                                                    
     that  this  is about  parking  and  walking, not  about                                                                    
     driving.   So, the form  itself is  fine the way  it is                                                                    
     written.   Since someone already has  an active license                                                                    
     to drive when they are  getting a parking placard there                                                                    
     is no liability on the part of a provider.                                                                                 
                                                                                                                                
3:55:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CLAMAN moved  to report  SB 47  out of  committee                                                               
with  individual  recommendations  and  the  accompanying  [zero]                                                               
fiscal note.  There being no  objection, SB 47 was moved from the                                                               
House State Affairs Standing Committee.                                                                                         
                                                                                                                                
                HB 187-STATE AGENCY PUBLICATIONS                                                                            
                                                                                                                                
3:56:27 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS  announced that  the next order  of business                                                               
would be HOUSE BILL NO. 187,  "An Act relating to the elimination                                                               
or modification  of state agency publications  that are outdated,                                                               
duplicative,  or   excessive  or   that  could  be   improved  or                                                               
consolidated  with other  publications  or exclusively  delivered                                                               
electronically; and  providing for  an effective date."   [Before                                                               
the committee,  adopted as  the working  document on  5/6/21, was                                                               
the proposed  committee substitute (CS)  for HB 187,  Version 32-                                                               
LS0779\G, Wallace, 5/5/21 ("Version G").]                                                                                       
                                                                                                                                
3:56:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KAUFMAN,   as  the  prime  sponsor   of  HB  187,                                                               
addressed Version G.  He  drew attention to the sponsor statement                                                               
and spoke as follows:                                                                                                           
                                                                                                                                
     HB  187 in  its current  form is  intended to  conserve                                                                    
     resources  expended  in   the  production,  processing,                                                                    
     transportation, distribution, storage,  and disposal of                                                                    
     excess   state  agency   publications.     The  product                                                                    
     affected by  HB 187 are  publications as defined  in AS                                                                    
     44.99.240.    As  currently   written  in  statute,  AS                                                                    
     44.99.220  requires  state   agencies  to  compile  and                                                                    
     maintain a  list of the publications  that they produce                                                                    
     each  fiscal year.   This  bill would  ensure that  the                                                                    
     state is  receiving added value  from the work  that is                                                                    
     already being done by using  the list as an opportunity                                                                    
     to  assess the  actual need  for each  document and  to                                                                    
     determine if the  people of Alaska will  be best served                                                                    
     by  printing  or by  digital  delivery.   HB  187  also                                                                    
     provides  for the  reduction in  statutory requirements                                                                    
     to  produce publications  through  changes  made to  AS                                                                    
     37.07.220.    These  changes   will  require  that  the                                                                    
     governor  submit   a  bill   to  eliminate   or  modify                                                                    
     requirements  for publications  deemed to  be outdated,                                                                    
     duplicative,  or excessive,  or  could be  consolidated                                                                    
     with other  publications, and which  of those  could be                                                                    
     delivered  in electronic  form.   Time, energy,  space,                                                                    
     and materials  can all be  conserved by the  passage of                                                                    
     HB 187.                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS stated  he is pleased to see  HB 187 brought                                                               
forward.                                                                                                                        
                                                                                                                                
4:00:00 PM                                                                                                                    
                                                                                                                                
MATTHEW  HARVEY,  Staff,  Representative  James  Kaufman,  Alaska                                                               
State  Legislature, on  behalf of  Representative Kaufman,  prime                                                               
sponsor, presented  a sectional  analysis of  HB 187,  Version G.                                                               
He explained  that Section 1  would amend  AS 37.07.020 to  add a                                                               
requirement for the  governor to submit legislation  to remove or                                                               
amend  the  statutory  requirements for  publications  that  meet                                                               
these qualifiers.   He said  Section 2 would repeal  and re-enact                                                               
AS  44.99.220  requiring  state  agencies  to  use  the  list  of                                                               
publications,  which is  currently  required to  be developed  in                                                               
that statute,  to identify and  highlight publications  deemed to                                                               
be  outdated,  duplicative,  or   excessive,  or  that  could  be                                                               
consolidated with  other publications,  or could be  delivered in                                                               
electronic   form.     This  list   of  publications,   including                                                               
highlighted  publications,  is   required  to  be  electronically                                                               
submitted to  the governor  and both  bodies of  the legislature.                                                               
The governor or the governor's  designee is required to determine                                                               
a goal  percentage of  publications to be  improved upon  by each                                                               
state agency immediately  prior to the start  of each legislature                                                               
on even numbered years.  Mr.  Harvey noted that this last part is                                                               
a change  and the main  reason why the  sponsor asked to  adopt a                                                               
CS.   The  Office of  Budget  and Management  (OMB), he  related,                                                               
pointed out  that complications might  occur if it  was submitted                                                               
every  year because  a  bill  sometimes takes  two  years to  get                                                               
through both bodies.  He further  noted that "and" was changed to                                                               
"or" in  several places in the  bill, along with adding  that the                                                               
report to the legislature would be submitted electronically.                                                                    
                                                                                                                                
4:02:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  asked what the practical  impact would be                                                               
once the bill is passed into law.                                                                                               
                                                                                                                                
REPRESENTATIVE KAUFMAN deferred to Mr. Harvey to answer.                                                                        
                                                                                                                                
MR. HARVEY  replied that  the fiscal  note description  states an                                                               
estimate of  about $585,000 per  year to print publications.   He                                                               
said  the  sponsor  does  not  have an  estimate  for  the  time,                                                               
delivery,  and other  things related  to going  from printing  to                                                               
electronic and from getting rid of  reports.  Also, he noted, the                                                               
setting   of  goal   percentages  could   differ  department   by                                                               
department.                                                                                                                     
                                                                                                                                
4:03:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STORY stated that this is  a great idea.  She said                                                               
she  likes  that   a  look  is  being  taken   at  documents  and                                                               
publications that  could be improved, consolidated,  or delivered                                                               
electronically.   She noted that  not everyone has access  to the                                                               
internet,  so  there are  times  when  documents  do need  to  be                                                               
produced and she is glad to see that in the bill.                                                                               
                                                                                                                                
REPRESENTATIVE KAUFMAN  responded that Version G  is the blending                                                               
of input received  on the bill as it was  presented while walking                                                               
the capitol.                                                                                                                    
                                                                                                                                
4:05:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  said it  makes sense to  have a  bill put                                                               
forward which deals  with publications that are  required by law.                                                               
He asked  whether a bill  is necessary for publications  that are                                                               
required  by regulation;  he  surmised  the administration  could                                                               
handle those without a bill.                                                                                                    
                                                                                                                                
REPRESENTATIVE  KAUFMAN  answered  that  the bill  is  trying  to                                                               
create  the feedback  loop that  doesn't  exist right  now.   The                                                               
intent is  that legislation  is required  and if  it can  be done                                                               
administratively,  then it  can just  be reported  that something                                                               
was reduced.   The  desire is  to create  the feedback  loop that                                                               
then can be  used to trigger legislation if required  but also as                                                               
a status  report of  publication.  He  qualified that  he doesn't                                                               
want  to  say reduction,  but  rather  rationalizing the  state's                                                               
publications against  what they need  to be or  what's beneficial                                                               
and the  delivery methods.  He  said he would welcome  changes to                                                               
the wording if necessary to make that clearer.                                                                                  
                                                                                                                                
4:06:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN drew  attention to the bill,  page 2, line                                                               
15,  regarding a  minimum percentage  of  publications that  each                                                               
state agency  is to identify as  needing work.  He  asked whether                                                               
it is the sponsor's intent that  the percentage cut apply to each                                                               
individual  agency  or  to all  agencies  collectively  combined,                                                               
given that some agencies may only have one or two publications.                                                                 
                                                                                                                                
REPRESENTATIVE KAUFMAN  replied that  the intent  is to  create a                                                               
custom  goal-setting  opportunity  for each  agency;  it  enables                                                               
administrative focus.  He explained the  goal could be zero if an                                                               
agency is so  lean that it is considered a  model for others; for                                                               
example,  an  agency  has aligned  its  document  production  and                                                               
delivery so well that it cannot find any waste.                                                                                 
                                                                                                                                
4:08:51 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS  commented that  a meta-affect would  be set                                                               
into motion  by the bill,  it would be an  ongoing administrative                                                               
process that is  aimed to reduce administrative  processes.  When                                                               
it first runs  its course, he continued,  the administration will                                                               
identify  things that  are  pointless and  should  be ended,  and                                                               
hopefully the legislature  will act on that and  about 90 percent                                                               
of the  value will be  realized.   He inquired about  the ongoing                                                               
frequency of  what is in  Section 1 and in  Section 2 on  page 2,                                                               
lines 14-15, given the biennial cycle.                                                                                          
                                                                                                                                
REPRESENTATIVE  KAUFMAN  responded  that   the  goal  of  quality                                                               
management is  the reduction  of wasted  time, effort,  and money                                                               
for  meeting  an  agency's  desired result,  and  to  not  exceed                                                               
expectations  and  to  not  underperform.    When  this  list  is                                                               
compiled, he explained,  it creates the awareness  and then there                                                               
is the  opportunity to declare that  some of it can  be reworked.                                                               
If improvement projects  are done successfully, it will  get to a                                                               
point of  diminishing returns,  which would  be reflected  in the                                                               
reports.                                                                                                                        
                                                                                                                                
4:12:28 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS asked  what value the language  in Section 2                                                               
adds beyond that which is  established in Section 1.  Presumably,                                                               
he continued, the agencies are  not going to identify anything in                                                               
addition to, or different from, what is identified in Section 1.                                                                
                                                                                                                                
REPRESENTATIVE KAUFMAN deferred to Mr. Harvey.                                                                                  
                                                                                                                                
MR. HARVEY answered  that initially the goal  setting would serve                                                               
for how to  get those broad chops;  then, as it goes  on and gets                                                               
into diminishing  returns, there  could be  creativity in  how to                                                               
combine  or better  provide  value with  some  of those  reports.                                                               
When it  gets to the point  where the returns diminish  such that                                                               
this itself  is excessive, OMB  has advised that this  could then                                                               
be highlighted as a report needing to be statutorily revised.                                                                   
                                                                                                                                
4:15:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAUFMAN pointed out that  it is not static because                                                               
two   legislative   bodies   are   producing   expectations   for                                                               
documentation, so the list is  everchanging with new inputs.  The                                                               
process  is built  the  way  it is,  he  explained,  to keep  the                                                               
managers  aware  and  on  their  toes  that  they  can  recommend                                                               
consolidations  or  recommendations.   He  noted  that the  terms                                                               
"reports" and  "publications" have  been used  interchangeably in                                                               
today's discussion, but that it  is publications, the greater set                                                               
of documents.                                                                                                                   
                                                                                                                                
CHAIR  KREISS-TOMKINS,  regarding a  report  that  is not  adding                                                               
value,  questioned  why   anyone  in  an  agency   would  not  be                                                               
recommending it  for deletion in Section  1.  In other  words, he                                                               
continued, the list in Section 1  would not be any different than                                                               
what is in Section 2.                                                                                                           
                                                                                                                                
REPRESENTATIVE KAUFMAN  offered to look  more closely at  this to                                                               
see if the bill could be made shorter.                                                                                          
                                                                                                                                
4:16:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR  said she  reads  Section  1 as  taking  the                                                               
information  from  Section  2  and   requiring  the  governor  to                                                               
introduce legislation that would list those things.                                                                             
                                                                                                                                
CHAIR  KREISS-TOMKINS agreed  that that  is right,  in part,  but                                                               
said Section  1 would still  read coherently without  the process                                                               
in Section 2, on page 2, line 9.                                                                                                
                                                                                                                                
REPRESENTATIVE KAUFMAN pointed  out that the goal  setting is not                                                               
included in Section  1, which is the ongoing  "let's keep working                                                               
this" where there  may be numerous publications  and managers can                                                               
have a stretch target to continue looking and improving.                                                                        
                                                                                                                                
CHAIR  KREISS-TOMKINS said  he understands  that part  but opined                                                               
that the agency  which should be measured for  performance is the                                                               
legislature.     He  stated  that  since   the  publications  are                                                               
statutorily required it is in  the legislature's hands to get rid                                                               
of the publications  that are recommended by the  agencies, so it                                                               
is the  legislature should  be held to  account relative  to that                                                               
recommendation.                                                                                                                 
                                                                                                                                
REPRESENTATIVE KAUFMAN  responded he  would be  happy to  come up                                                               
with a bill to that effect.                                                                                                     
                                                                                                                                
REPRESENTATIVE  EASTMAN remarked  that there  is a  mechanism for                                                               
making sure  this bill  gets heard once  it is  presented because                                                               
there is something  in the uniform rules  about committees acting                                                               
on all the bills that come before them.                                                                                         
                                                                                                                                
4:20:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  asked for  an estimate  on the  length of                                                               
time  it would  take to  compile the  list, given  the even  year                                                               
requirement.                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAUFMAN replied it  is variable because it depends                                                               
on the  length and complexity of  the list for each  agency.  The                                                               
list already  exists, the challenge  would be to do  the analysis                                                               
for  making  recommendations,  and  that would  depend  upon  the                                                               
agency's present  understanding of  the benefit of  the documents                                                               
it is producing.   It may be a challenge for  some agencies and a                                                               
very quick activity for others.                                                                                                 
                                                                                                                                
REPRESENTATIVE EASTMAN, regarding the  list that would be created                                                               
by HB 187, asked whether it  is the sponsor's intention that this                                                               
report would be  added to that list at some  point in the distant                                                               
future.                                                                                                                         
                                                                                                                                
MR. HARVEY answered that it likely  would.  He explained that OMB                                                               
would  act as  the  compiling body  through  the budget  process;                                                               
along with  asking for  draft budgets  from each  department, OMB                                                               
would also ask for this list.                                                                                                   
                                                                                                                                
4:23:09 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS offered his appreciation for the bill.                                                                     
                                                                                                                                
REPRESENTATIVE KAUFMAN  stated that  bills like  HB 187  are just                                                               
one slice  of many opportunities to  implement continuous quality                                                               
improvement.                                                                                                                    
                                                                                                                                
4:24:14 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS announced that HB 187 was held over.                                                                       
                                                                                                                                
         HB 118-EXPANDING PRISONER ACCESS TO COMPUTERS                                                                      
                                                                                                                                
4:24:34 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS  announced that  the next order  of business                                                               
would  be  HOUSE  BILL  NO.   118,  "An  Act  relating  to  state                                                               
identifications and driver's licenses  for persons in the custody                                                               
of the Department  of Corrections; relating to the  duties of the                                                               
commissioner of  corrections; relating  to living  conditions for                                                               
prisoners; and  providing for  an effective  date."   [Before the                                                               
committee was HB 118 as amended on 4/1/21.]                                                                                     
                                                                                                                                
CHAIR KREISS-TOMKINS  noted there have been  off-line discussions                                                               
on  the  bill  between  his  office,  Representative  Vance,  the                                                               
Department  of  Corrections,  and  the Department  of  Law.    He                                                               
reminded  members that  currently on  the table  is Amendment  3,                                                               
[offered  by Representative  Vance  on 4/27/21,  and labeled  32-                                                               
LS0024\B.6, Radford, 4/19/21].                                                                                                  
                                                                                                                                
4:25:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE VANCE withdrew Amendment 3.                                                                                      
                                                                                                                                
4:25:47 PM                                                                                                                    
                                                                                                                                
CHAIR  KREISS-TOMKINS moved  Amendment 4,  labeled 32-LS0024\B.7,                                                               
Radford, 5/10/21, which read:                                                                                                   
                                                                                                                                
     Page 6, lines 26 - 27:                                                                                                     
          Delete "[AND MAY NOT BE USED FOR"                                                                                     
          Insert "and may only [NOT] be used in a manner                                                                
     authorized by the department [FOR"                                                                                     
                                                                                                                                
REPRESENTATIVE EASTMAN objected for the purpose of discussion.                                                                  
                                                                                                                                
4:26:16 PM                                                                                                                    
                                                                                                                                
JEFFREY  STEPP,  Staff, Representative  Jonathan  Kreiss-Tomkins,                                                               
Alaska  State  Legislature,  spoke on  behalf  of  Representative                                                               
Kreiss-Tomkins, prime sponsor of HB  118.  He explained Amendment                                                               
4 on  behalf of Representative Kreiss-Tomkins  [and amendment co-                                                               
sponsor, Representative  Vance].   Under the amendment,  he said,                                                               
Sec.  4.  AS 33.30.015(a)  would  be  amended  to read:  (a)  The                                                               
commissioner may  not ... (3)  allow a  prisoner held in  a state                                                               
correctional  facility operated  by the  state to  ... (I)  use a                                                               
computer other than those approved  by the correctional facility;                                                               
the use of a computer under  this subparagraph may be approved to                                                               
facilitate  the  prisoner's   rehabilitation  or  the  prisoner's                                                               
compliance with  a reentry plan  or case plan developed  under AS                                                               
33.30.011,  including  use   related  to  employment,  education,                                                               
vocational  training,   access  to  legal   reference  materials,                                                               
visitation,  or health  care and  may only  be used  in a  manner                                                               
authorized by the department.                                                                                                   
                                                                                                                                
MR. STEPP  further related  that the sponsor  has had  good faith                                                               
conversations with  Representative Vance  and her staff,  as well                                                               
as with the Department of Corrections and the Department of Law.                                                                
                                                                                                                                
CHAIR  KREISS-TOMKINS  invited  comment from  the  Department  of                                                               
Corrections.                                                                                                                    
                                                                                                                                
4:28:13 PM                                                                                                                    
                                                                                                                                
LAURA   BROOKS,   Division   Operations   Manager,   Health   and                                                               
Rehabilitation Services,  Department of Corrections  (DOC), spoke                                                               
to Amendment 4.   She offered DOC's understanding  that there are                                                               
concerns about  inmate access to technology  and safety regarding                                                               
inmate  use of  technology.   She  said the  department has  been                                                               
listening and  shares concern.   While this technology is  new to                                                               
DOC, she  continued, the important  distinction is that  it isn't                                                               
new  technology.   The tablets  being  looked at  and the  access                                                               
being talked about  are designed for correctional use  and have a                                                               
multi-layered security  matrix that lets inmates  access approved                                                               
content  without being  able to  access the  internet at  all and                                                               
without being  able to access the  settings to be able  to change                                                               
that access.   This  is well  tried in  systems much  larger than                                                               
Alaska's  DOC and  is designed  to be  tamper proof  and to  meet                                                               
correctional safety standards.  The  primary mission of DOC is to                                                               
protect  the  public  and DOC  remains  committed  to  protecting                                                               
victims and victims' rights.   Safeguards are in place to protect                                                               
DOC staff, those  in DOC's care, and crime victims,  and DOC does                                                               
not  believe  this  bill  counters or  undermines  any  of  those                                                               
safeguards.  The  department will continue to  take all necessary                                                               
safeguards and  utilize appropriate  security measures  to ensure                                                               
that these protections remain.                                                                                                  
                                                                                                                                
4:30:01 PM                                                                                                                    
                                                                                                                                
KACI  SCHROEDER, Assistant  Attorney General,  Criminal Division,                                                               
Department  of  Law  (DOL),  stated  she  is  speaking  from  the                                                               
prosecutor's perspective and  a core concern for  a prosecutor is                                                               
protecting the victim,  which includes after there  is an arrest.                                                               
She  explained  that  DOL  works with  its  counterparts  in  law                                                               
enforcement and in DOC to ensure  that measures are taken to keep                                                               
victims safe.  As soon as a case  is initiated, DOL asks for a no                                                               
contact  order as  a condition  of bail  and when  the person  is                                                               
remaining in DOC custody.   The department continues that request                                                               
into  sentencing, which  would  then include  any  time spent  in                                                               
custody of  DOC serving  out the  sentence.   She noted  that DOL                                                               
works  closely with  DOC  because DOC  can  monitor the  inmate's                                                               
activity and  can alert law  enforcement for an  investigation if                                                               
things are  seen that are  a little  off or that  are concerning.                                                               
She said she  doesn't see anything in the bill  or in Amendment 4                                                               
that would  hinder DOL's ability  to continue to  protect victims                                                               
in this way.                                                                                                                    
                                                                                                                                
4:31:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN brought  attention  to page  6, line  21,                                                               
which states that  these computers can only be  those approved by                                                               
the "correctional facility".   He said it seems  a distinction is                                                               
being drawn  there with  the amendment  because the  amendment is                                                               
talking about  manners that are  authorized by  the "department".                                                               
He asked why there would not  be the consistency of requiring the                                                               
approval of the "correctional facility" in both places.                                                                         
                                                                                                                                
REPRESENTATIVE  EASTMAN, in  response  to  Ms. Brooks,  clarified                                                               
that page 6, line 21 states,  "use of a computer other than those                                                               
approved by the correctional facility",  while Amendment 4 states                                                               
limiting  the  use  of  these   computers  to  manners  that  are                                                               
"authorized by  the department".   He said  he is asking  why the                                                               
word  "department" was  chosen  in Amendment  4,  the purpose  it                                                               
serves, and  whether that is  better or worse than  replacing the                                                               
word "department" with the phrase  "the correctional facility" in                                                               
the amendment.                                                                                                                  
                                                                                                                                
MS. BROOKS  replied that the  Department of Corrections  looks at                                                               
those  words as  interchangeable.   She  said there  may be  some                                                               
circumstances where  a particular  facility may  or may  not have                                                               
the  infrastructure that  could  allow some  forms of  technology                                                               
versus others,  and so that may  be the distinction there.   When                                                               
looking at a  particular type of computer, DOC may  need to allow                                                               
a  particular  facility  to  make  that  determination,  but  the                                                               
ultimate responsibility still lies with the department.                                                                         
                                                                                                                                
4:34:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  inquired about  how something  would come                                                               
to be authorized  by the department as spoken of  in Amendment 4,                                                               
such as the process and who would have the final say.                                                                           
                                                                                                                                
MS. BROOKS responded  that it would go as  the department already                                                               
authorizes things.  She said there  is a process in place, and it                                                               
depends on who is initiating the  request.  Anything that is more                                                               
specific than what is used  by the entire population, or anything                                                               
that  falls  outside of  standard  guidelines,  must be  approved                                                               
through the  department's central office, through  DOC's director                                                               
of institutions,  and sometimes  it goes to  the level  of deputy                                                               
commissioner or even the level of commissioner for approval.                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN   asked  whether  DOC  would   object  to                                                               
changing the word "department" to  "correctional facility" in the                                                               
amendment,  given the  earlier  statement  that "department"  and                                                               
"correctional facility" are somewhat interchangeable,                                                                           
                                                                                                                                
MS.  BROOKS answered  that she  doesn't think  DOC would  have an                                                               
objection, and she understands  Representative Eastman is looking                                                               
for uniformity in the language.                                                                                                 
                                                                                                                                
REPRESENTATIVE EASTMAN replied correct.                                                                                         
                                                                                                                                
4:36:18 PM                                                                                                                    
                                                                                                                                
CHAIR   KREISS-TOMKINS  requested   Mr.  Stepp   to  respond   to                                                               
Representative Eastman's question.                                                                                              
                                                                                                                                
MR. STEPP offered his understanding  that the department sets the                                                               
policy,  which is  what  the amendment  is  referencing, and  the                                                               
facilities execute  the policy at  the local  level.  He  said it                                                               
seems to him  that having the authorization come  from the higher                                                               
authority  is  what   would  be  wanted  rather   than  from  the                                                               
individual  correctional facility.   He  qualified that  he would                                                               
defer to DOC and/or DOL in this regard.                                                                                         
                                                                                                                                
MS. BROOKS agreed  with Mr. Stepp.  She said  that if looking for                                                               
changes  for  purposes  of  uniformity,  DOC  would  prefer  that                                                               
"department" be used to keep  it uniform rather than referring to                                                               
the individual correctional facility for that decision.                                                                         
                                                                                                                                
REPRESENTATIVE TARR agreed with the point made by Ms. Brooks.                                                                   
                                                                                                                                
4:38:28 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS  stated that  that makes sense  to him.   He                                                               
requested Representative Vance's opinion.                                                                                       
                                                                                                                                
REPRESENTATIVE VANCE  stated she prefers the  language offered by                                                               
DOC  because it  provides  the multi-layered  oversight that  she                                                               
wants to  have in this.   She added  that Mr. Stepp  explained it                                                               
well regarding policy versus implementation.                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN noted that how  to implement this issue was                                                               
discussed in  prior hearings  and he thinks  Amendment 4  does it                                                               
very well and he wouldn't change a word.                                                                                        
                                                                                                                                
4:39:14 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS  moved Conceptual  Amendment 1  to Amendment                                                               
4,  to delete  "correctional facility"  on page  6, line  21, and                                                               
replace  it  with  "department".     There  being  no  objection,                                                               
Conceptual Amendment 1 to Amendment 4 was adopted.                                                                              
                                                                                                                                
4:40:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR noted  that this  changes the  language from                                                               
"use a  computer other than  those approved by  the 'correctional                                                               
facility'"  to the  language  "use a  computer  other than  those                                                               
approved  by the  'department'".   She posed  a situation  of not                                                               
enough computers to  go around so that  the correctional facility                                                               
needs to set up  a schedule for use of the  computers.  She asked                                                               
whether, under  this language change,  the department  would have                                                               
to  approve the  schedule set  up by  the correctional  facility,                                                               
thereby creating a complicated situation of micro-management.                                                                   
                                                                                                                                
CHAIR KREISS-TOMKINS replied  that he is putting a  lot of weight                                                               
into  the statement  by  Ms.  Brooks that  this  is the  language                                                               
preferred by DOC.  He asked Ms. Brooks for further comment.                                                                     
                                                                                                                                
MS. BROOKS  answered that  DOC's primary  concern is  making sure                                                               
that the  computers being  provided, and  the access,  is closely                                                               
monitored  and  the  department  has  oversight  on  that.    She                                                               
explained that even when it  is said that a correctional facility                                                               
can approve  use, or  can approve a  particular item,  that still                                                               
must come  through the department  overall.  So, DOC  would issue                                                               
that authority  down the  line through  giving that  authority to                                                               
that individual facility if there  were some technological issues                                                               
that required  deviation from what  DOC has approved for  all the                                                               
other facilities.   She  said she  therefore thinks  the language                                                               
"use a computer  other than those approved by  the department" is                                                               
sufficient, will not add additional  burden on the department for                                                               
management, and will not add  any kind of multi-layer system that                                                               
would slow down an approval process for the individual facility.                                                                
                                                                                                                                
REPRESENTATIVE EASTMAN said he thinks  the department having this                                                               
authority is for  the best.  He surmised that  the decisions made                                                               
by the  department will not  be which computer with  which serial                                                               
number to use,  but rather whether to use  iPads or touchscreens,                                                               
which are appropriate decisions for the department to make.                                                                     
                                                                                                                                
4:43:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN withdrew  his objection  to Amendment  4.                                                               
There being  no further objection,  Amendment 4, as  amended, was                                                               
adopted.                                                                                                                        
                                                                                                                                
4:44:09 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS stated that HB  118, as amended today and on                                                               
4/1/21, was now  before the committee.  He  expressed his support                                                               
for the bill and its provisions.                                                                                                
                                                                                                                                
4:44:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN moved to report  HB 118, as amended, out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
zero fiscal  notes.  There  being no objection CSHB  118(STA) was                                                               
reported from the House State Affairs Standing Committee.                                                                       
                                                                                                                                
             HB 177-REVISED PROGRAM: APPROPRIATIONS                                                                         
                                                                                                                                
4:45:05 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS  announced that the final  order of business                                                               
would be HOUSE  BILL NO. 177, "An Act relating  to an increase of                                                               
an  appropriation  due to  additional  federal  or other  program                                                               
receipts; and providing for an effective date."                                                                                 
                                                                                                                                
4:45:14 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 4:45 p.m. to 4:47 p.m.                                                                       
                                                                                                                                
4:47:02 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS invited  Representative Tuck, prime sponsor,                                                               
to introduce HB 177.                                                                                                            
                                                                                                                                
4:47:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CHRIS  TUCK,  Alaska State  Legislature,  as  the                                                               
prime sponsor,  introduced HB 177.   He  said HB 177  attempts to                                                               
put  limitations  on  the Revised  Program     Legislative  (RPL)                                                               
process.  The  RPL process, he said, was originally  to allow the                                                               
governor to  receive additional funds from  other sources, mostly                                                               
from  the  federal  government,  any  time  the  legislature  has                                                               
previously  set up  a  program and  appropriated  money for  that                                                               
program.   However, he  noted, this last  year the  governor took                                                               
liberties to  set up his  own programs from funding  sources that                                                               
the  legislature did  not  first establish,  and  this was  never                                                               
constitutionally challenged nor challenged in  the courts.  There                                                               
was an  injunction, but the  injunction was to stop  the process.                                                               
It went  to the Alaska Superior  Court and was never  ruled upon,                                                               
but the court looked for legislative  action.  So, this last year                                                               
the  legislature ratified  what  the Legislative  Budget &  Audit                                                               
Committee  had done.    For  injunction purposes,  Representative                                                               
Tuck explained,  the Alaska Superior  Court judge is  looking for                                                               
some  sort of  legislative action,  but it  could be  argued that                                                               
that wasn't the  appropriate legislative action since  at no time                                                               
during that  time can  any individual  member of  the legislature                                                               
amend that  specific RPL,  which shows  that the  legislature did                                                               
not have  full appropriations powers.   So, he continued,  HB 177                                                               
is a cleanup bill allowing  the legislature to continue being the                                                               
appropriators  for the  legislature.   The  bill would  establish                                                               
sidebars  and  limitations  so  that an  RPL  introduced  by  the                                                               
governor to the Legislative Budget  and Audit Committee could not                                                               
go  forward 45  days later  if the  committee doesn't  approve or                                                               
doesn't take up that RPL.                                                                                                       
                                                                                                                                
4:50:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK presented  a sectional  analysis of  HB 177.                                                               
He explained  that Section 1, page  1, lines 5-7, would  amend AS                                                               
37.07.080(h) to  clarify that the  RPL process is  only available                                                               
for additional funds for existing  programs or projects that have                                                               
already been  funded by the legislature.   He said page  2, lines                                                               
3-8, would  amend AS 37.07.080(h)(3)  to require approval  by the                                                               
full  legislature if  the Legislative  Budget  & Audit  Committee                                                               
recommends against the RPL.   This would eliminate the governor's                                                               
ability to act  unilaterally on his or her own  45 days later, he                                                               
explained, so  that only by  approval from the  legislature could                                                               
the governor move forward.                                                                                                      
                                                                                                                                
4:51:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CLAMAN offered  his understanding  that under  HB
177  the Legislative  Budget &  Audit Committee  could approve  a                                                               
substantial increase  in an  appropriation and  the appropriation                                                               
would  never  come  back  to   the  legislature.    Only  if  the                                                               
Legislative Budget  and Audit  Committee rejected  the governor's                                                               
proposed program, would it get back to the legislature.                                                                         
                                                                                                                                
REPRESENTATIVE TUCK  replied correct.   He said  that, currently,                                                               
if the  Legislative Budget &  Audit Committee doesn't take  it up                                                               
or  doesn't approve  it,  the  governor can  act  anyway 45  days                                                               
later.   So, really, the  only purpose of the  Legislative Budget                                                               
and Audit Committee to  take it up is to speed it  up, but not to                                                               
require the full legislature to take it up.                                                                                     
                                                                                                                                
REPRESENTATIVE  CLAMAN offered  his  understanding  that the  RPL                                                               
process is  a take-it-or-leave-it framework.   Regarding  HB 177,                                                               
he asked  whether there  is room for  the Legislative  Budget and                                                               
Audit  Committee  to  negotiate  changes  with  the  governor  or                                                               
whether it is still a  take-it-or-leave-it structure, or the bill                                                               
doesn't say.                                                                                                                    
                                                                                                                                
REPRESENTATIVE TUCK  responded that  the process  is that  if the                                                               
Legislative Budget  and Audit  Committee fails  to adopt  an RPL,                                                               
the governor then  has two choices.  The first  choice is to wait                                                               
the 45 days.   [The second choice is] to  withdraw that RPL since                                                               
an RPL  cannot be amended, and  then introduce a new  RPL that is                                                               
accommodating to the legislature's wishes.                                                                                      
                                                                                                                                
4:53:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CLAMAN posed  a  scenario in  which the  governor                                                               
presents an  RPL to  the Legislative  Budget and  Audit Committee                                                               
and the  committee says it will  agree to 50 percent  but not 100                                                               
percent.   He  asked  whether the  Legislative  Budget and  Audit                                                               
Committee would  need to  reject that RPL  and then  the governor                                                               
would come  back or whether  in those negotiations there  is some                                                               
way to  negotiate that in  the process before it  gets officially                                                               
rejected.                                                                                                                       
                                                                                                                                
REPRESENTATIVE TUCK  answered no, it  is going back to  the take-                                                               
it-or-leave-it  scenario until  the governor  gets it  in such  a                                                               
form  that  the  Legislative  Budget  and  Audit  Committee  will                                                               
approve it.   He said there is  no way to change  the language or                                                               
the  amount during  a committee  hearing because  the Legislative                                                               
Budget and Audit  Committee does not have that  ability to amend.                                                               
He  explained that  it  is already  a gray  area  on whether  the                                                               
governor should have  this power in the first place.   That power                                                               
is granted to the governor  through the RPL process written under                                                               
AS  37.07.080(h), as  well as  what the  legislature puts  in the                                                               
operating budget.   The problem  with the Legislative  Budget and                                                               
Audit Committee  being able to  amend that is that  the committee                                                               
is basically acting  on behalf of the full  legislature, and that                                                               
is  where it  is  granting too  much power  to  the committee  on                                                               
behalf of  the legislature.   So, technically,  an RPL  cannot be                                                               
stopped because 45  days later once "we  grant those permissions"                                                               
to the  governor he can  act anyway.   He clarified that  when he                                                               
says "grant  those permissions"  he is not  talking about  by the                                                               
Legislative Budget and Audit Committee  but by the statutes along                                                               
with whatever is  put into the operating  budget.  Representative                                                               
Tuck related  that this last  year $1.6 billion came  through the                                                               
Legislative Budget and Audit Committee.   There are programs that                                                               
were never  set up  by the legislature,  there are  programs that                                                               
were never in existence, programs  that the governor unilaterally                                                               
set up on  his own.  That  is not the intent of  the RPL process,                                                               
he stressed,  [the legislature] is  the appropriations  body, and                                                               
that  was exercising  way  more  power than  what  is granted  in                                                               
statute and granted in the operating budget.                                                                                    
                                                                                                                                
4:56:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN  stated he likes  HB 177 because  he didn't                                                               
like the  process last  year as  he thought it  was way  too much                                                               
power  to the  governor and  [the legislature]  had given  up too                                                               
much power  as the appropriating  body.   He posed a  scenario in                                                               
which the  governor comes in  with an  RPL for $100  million and,                                                               
via  negotiations  before the  committee  ever  sits, it  becomes                                                               
clear  that committee  members don't  want to  agree to  the $100                                                               
million.   He asked whether, under  the framework of HB  177, the                                                               
governor would be  able to withdraw that RPL and  resubmit an RPL                                                               
for $50 million.                                                                                                                
                                                                                                                                
REPRESENTATIVE TUCK  answered yes  and advised  that that  is the                                                               
way it  is currently.  As  well, he said, that  opportunity would                                                               
still be there through this legislation.                                                                                        
                                                                                                                                
4:58:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR  remarked that  a main benefit  of HB  177 is                                                               
that it would  force it to be  used the way it is  supposed to be                                                               
used with  already established  programs.   She cited  the [2020]                                                               
business assistance program  as an example of a  program that was                                                               
done  improperly,  causing  delay  in  businesses  receiving  the                                                               
funds.  She  stated that in addition to the  separation of powers                                                               
and cleaning up  of the process as identified by  the courts, the                                                               
other benefit of HB 177 is  that it would naturally mean that the                                                               
programs would  already exist,  and if  additional funds  were to                                                               
come through  and if things needed  to be changed there  would be                                                               
the ability to do that.                                                                                                         
                                                                                                                                
REPRESENTATIVE  TUCK   recounted  that   as  introduced   to  the                                                               
Legislative  Budget  and  Audit  Committee,  the  RPL  for  small                                                               
business  relief funds  was for  loans,  not grants.   After  the                                                               
committee  said  that  would  be a  problem,  he  continued,  the                                                               
governor  pulled that  RPL  and re-submitted  an  RPL as  grants.                                                               
However, the  Alaska Industrial Development and  Export Authority                                                               
(AIDEA), which  only does  loans, had  already started  a request                                                               
for proposal  process to get  banking institutions  to administer                                                               
those loans.   Upon  being converted to  grants, the  request for                                                               
proposal  had to  be  modified  and there  was  no response  from                                                               
financial  institutions;  it  took  three  RPLs  to  finally  get                                                               
institutions to respond.  The  governor then ended up running the                                                               
money for  the RPL  process through  the Department  of Commerce,                                                               
Community and Economic Development  (DCCED) because that is where                                                               
grants are administered, and then  money was transferred to AIDEA                                                               
and AIDEA exercised its procurement  policies to get institutions                                                               
to  do that.   So,  Representative  Tuck continued,  it was  very                                                               
messy  and there  are three  questions:   Did people  receive the                                                               
money who  really needed to  receive the  money?  Did  people get                                                               
money who  should not  have gotten  the money?   Did  the program                                                               
really  do what  it was  wanted to  do?   He said  the answer  is                                                               
probably no  on all  three questions.   He stated  he understands                                                               
why, during a pandemic, the  vote was to overrule the [committee]                                                               
chair  to get  those monies  out rather  than to  allow the  full                                                               
legislature to do that.  He said  HB 177 would put up sidebars to                                                               
prevent that from happening again.                                                                                              
                                                                                                                                
5:02:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TUCK addressed  Section 1 of the bill.   He said a                                                               
problem with  the Legislative Budget  and Audit  Committee having                                                               
the  powers to  amend is  the  same problem  that is  had on  the                                                               
second page, which  is the committee having the power  to stop an                                                               
RPL.  He  pointed out that currently the governor  can act within                                                               
45 days  after submitting  an RPL if  the Legislative  Budget and                                                               
Audit  Committee  takes no  action.    He suggested  a  potential                                                               
amendment to  the bill that  would:   stop [the governor]  for 45                                                               
days for  anything not exceeding  $20 million, stop  the governor                                                               
for 90  days for  anything between $20  million and  $50 million,                                                               
stop the governor  for 180 days for anything  between $50 million                                                               
and  $100  million,  and  stop  the governor  for  270  days  for                                                               
anything over  $100 million if  the Legislative Budget  and Audit                                                               
Committee does not act.  That  would take it into the legislature                                                               
coming  back into  session, Representative  Tuck explained.   The                                                               
legislature  has   difficulty  calling  itself  into   a  special                                                               
session,  he continued,  and  if the  governor  doesn't call  the                                                               
legislature into  a special session  to appropriate  these funds,                                                               
then  the governor  cannot  act until  these  timeframes are  up.                                                               
This would give  the legislature time to get its  act together to                                                               
call  a  special session  if  the  Legislative Budget  and  Audit                                                               
Committee did not approve an RPL.                                                                                               
                                                                                                                                
REPRESENTATIVE TUCK, responding  to Chair Kreiss-Tomkins, allowed                                                               
that the  legislature does not  like special sessions and  said a                                                               
reason for having  the RPL process is so special  sessions can be                                                               
prevented.    However, he  added,  a  balance  is needed  so  the                                                               
governor doesn't just do whatever he or she wants.                                                                              
                                                                                                                                
5:05:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  asked whether the Legislative  Budget and                                                               
Audit Committee can sponsor bills.                                                                                              
                                                                                                                                
REPRESENTATIVE TUCK  replied that because the  Legislative Budget                                                               
and Audit  Committee is  a joint  committee made  up of  both the                                                               
House and Senate, the only  way the committee can introduce bills                                                               
is  through   the  Rules  Committee,   much  like   the  governor                                                               
introduces a bill through the Rules  Committee.  In this case, he                                                               
stated, he decided to introduce this legislation in the House.                                                                  
                                                                                                                                
5:05:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN allowed  he  is not  acquainted with  the                                                               
procedures  of the  Legislative  Budget and  Audit Committee  and                                                               
that this is his  first time to deal with this  statute.  He drew                                                               
attention to  the language on  page 2,  line 2, that  states "not                                                               
initiate  the  additional  activity".    He  asked  whether  this                                                               
language is still  an artifact to the creation of  a new activity                                                               
when what  is being  talked about  now is the  creation of  a new                                                               
activity as well  as spending a little bit more  on the same type                                                               
of project.   He further asked  whether there might be  a benefit                                                               
to making that more in line with  the new language that is at the                                                               
beginning of  Section 1.   Responding to Representative  Tuck for                                                               
clarification, he  questioned whether the language  "not initiate                                                               
the  additional activity"  captures  the new  statute because  it                                                               
isn't just starting new projects  that is being talked about, but                                                               
also conceivably  spending additional money on  the same project.                                                               
He suggested  that the  language read,  "not make  an expenditure                                                               
concerning  the additional  activity".   He said  it is  the word                                                               
"initiate" that he  is looking at and whether that  word is still                                                               
appropriate given the  changes that are trying to be  made to the                                                               
statute.                                                                                                                        
                                                                                                                                
REPRESENTATIVE TUCK replied  that that is existing  language.  He                                                               
explained  that what  is being  said is  that if  the Legislative                                                               
Budget and Audit Committee does  not call itself into a committee                                                               
hearing to take  up the RPL, or if the  committee denies the RPL,                                                               
then  the governor  cannot  go any  further  with the  additional                                                               
activity.  Therefore,  he continued, he thinks  it reads alright,                                                               
but he  is open to  how that can be  improved.  Basically,  it is                                                               
additional  activity according  to a  program established  by the                                                               
legislature,  signed by  the governor,  and  appropriated by  the                                                               
legislature.                                                                                                                    
                                                                                                                                
5:08:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TUCK  added that there were  three classifications                                                               
of inappropriate  RPLs seen by  the Legislative Budget  and Audit                                                               
Committee  this year.   One  was  setting up  the governor's  own                                                               
program, another  was appropriating money which  the governor had                                                               
previously vetoed,  and the third  was putting into an  RPL items                                                               
in the  capital budget that [the  legislature] did not pass.   He                                                               
stated  that if  the  governor vetoes  something,  then it  isn't                                                               
prescribed by law to have that  program.  One such vetoed program                                                               
was  the community  assistance program,  which the  governor then                                                               
appropriated around the legislature.                                                                                            
                                                                                                                                
REPRESENTATIVE EASTMAN asked what  an appropriate remedy would be                                                               
when a governor takes the  aforementioned kind of liberty with an                                                               
appropriation.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  TUCK  answered that  that  is  something for  the                                                               
court to  decide; he  would have  liked for the  court case  go a                                                               
little further.  He said  he originally thought the lawsuit would                                                               
come from  a municipality  rather than from  outside, and  it was                                                               
only   an   injunction,  not   a   full   discussion  about   the                                                               
appropriateness of  the RPL process  and the way the  governor is                                                               
using it.  A lawsuit is needed  that continues all the way to the                                                               
supreme court, he  continued, and then the judges  would decide a                                                               
remedy.  However,  he said, he doesn't think the  remedy would be                                                               
anything more than  don't do it again because the  money has been                                                               
appropriated.  [There needs to  be] checks and balances to ensure                                                               
that that activity doesn't happen anymore, he added.                                                                            
                                                                                                                                
CHAIR KREISS-TOMKINS stated  that he, too, wishes  the lawsuit by                                                               
Mr.  Forrer and  Mr.  Geldhof  had reached  a  conclusion of  the                                                               
supreme court  just to have  the clarity  regarding appropriation                                                               
powers and executor discretion.                                                                                                 
                                                                                                                                
5:11:55 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS announced that HB 177 was held over.                                                                       
                                                                                                                                
5:12:39 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS offered closing comments on housekeeping                                                                   
items.                                                                                                                          
                                                                                                                                
5:13:55 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 5:13 p.m. to 5:17 p.m.                                                                       
                                                                                                                                
5:17:03 PM                                                                                                                    
                                                                                                                                
CHAIR   KREISS-TOMKINS   amended    his   closing   comments   on                                                               
housekeeping items.                                                                                                             
                                                                                                                                
5:17:41 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
State Affairs Standing Committee meeting was adjourned at 5:18                                                                  
p.m.                                                                                                                            
| Document Name | Date/Time | Subjects | 
|---|---|---|
| HB 177 Research RPL History Summary.pdf | 
                    
HSTA       5/13/2021 3:00:00 PM | 
                
                    
HB 177 | 
            
| SB 47 Letter of Support - Carrothers 5.11.21.pdf | 
                    
HSTA       5/13/2021 3:00:00 PM | 
                
                    
SB  47 | 
            
| HB 118 Amendment B.7 - Kreiss-Tomkins and Vance.pdf | 
                    
HSTA       5/13/2021 3:00:00 PM | 
                
                    
HB 118 |