Legislature(1999 - 2000)

02/02/1999 09:00 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
MINUTES                                                                                                                         
SENATE FINANCE COMMITTEE                                                                                                        
February 2, 1999                                                                                                                
9:00 AM                                                                                                                         
                                                                                                                                
                                                                                                                                
TAPES                                                                                                                           
                                                                                                                                
SFC-99 # 17, Side A and B                                                                                                       
                                                                                                                                
                                                                                                                                
CALL TO ORDER                                                                                                                   
                                                                                                                                
Co-Chair John Torgerson convened the meeting at                                                                                 
approximately 9:00 AM.                                                                                                          
                                                                                                                                
                                                                                                                                
PRESENT                                                                                                                         
                                                                                                                                
Co-chair John Torgerson, Senator Sean Parnell, Senator                                                                          
Randy Phillips, Senator Dave Donley, Senator Loren Leman,                                                                       
Senator Gary Wilken, Senator Al Adams, Senator Pete Kelly                                                                       
and Senator Lyda Green.                                                                                                         
                                                                                                                                
Also Attending:  Senator RICK HALFORD; TERI KRAMER, Legal                                                                       
Services, Legislative Affairs Agency; CAROL CAROLL,                                                                             
Director, Division of Support Services, Department of                                                                           
Natural Resources;  JANET CLARKE, Director, Division of                                                                         
Administrative Services, Department of Health and Social                                                                        
Services;  GINGER BLAISDELL, Fiscal Analyst, Division of                                                                        
Legislative Finance; aides to committee members and other                                                                       
legislative members.                                                                                                            
                                                                                                                                
Attending via Teleconference: DAVID HUDSON, First Sergeant,                                                                     
Alaska State Troopers in Anchorage; DICK MYLIUS, Resource                                                                       
Assessment and Development, Division of Land, Department of                                                                     
Natural Resources in Anchorage.                                                                                                 
                                                                                                                                
                                                                                                                                
SUMMARY INFORMATION                                                                                                             
                                                                                                                                
                                                                                                                                
SENATE BILL NO. 49                                                                                                              
                                                                                                                                
"An Act relating to missions and measures to be                                                                                 
applied to certain expenditures by the executive                                                                                
branch of state government and the University of                                                                                
Alaska from the state operating budget for the fiscal                                                                           
year ending June 30, 1999; and providing for an                                                                                 
effective date."                                                                                                                
                                                                                                                                
                                                                                                                                
Co-chair Torgerson called SB 49, sponsored by the Senate                                                                        
Finance Committee.                                                                                                              
                                                                                                                                
Senator Parnell explained SB 49 for the committee.  It is                                                                       
believed missions, measures and results should be clearly                                                                       
defined for each department in order to  assure                                                                                 
governmental results were to the satisfaction of the                                                                            
people.  He briefly quoted from SB 76, which was passed by                                                                      
the Legislature and signed into law by the Governor last                                                                        
year.   He then referred to a Texas budget, Department of                                                                       
Public Safety, 1995, using this as an example and explained                                                                     
how results were obtained.  (This was done with the use of                                                                      
an overhead projector.)  The next slide was from HB 325 the                                                                     
Department of Health and Social Services showing portions                                                                       
of missions and measures that were vetoed by the Governor                                                                       
last year in order to protect the constitutional mandates.                                                                      
The Governor felt the bill should not contain intent                                                                            
language.  Now they must decide what kind of bill to pass                                                                       
and what it should contain.  He suggested passage of a bill                                                                     
containing measures that included dollar amounts.  These                                                                        
dollar amounts would reflect what had already been                                                                              
appropriated.                                                                                                                   
                                                                                                                                
SB 49 took all finance measures, which were negotiated last                                                                     
year, and then vetoed by the Governor, and put them into                                                                        
law this year for the 1999 budget.  He hoped to continue                                                                        
this for 2000.  Senator Parnell then briefly summed up SB
49.                                                                                                                             
                                                                                                                                
Senator P. Kelly asked if this was the sum total agreed                                                                         
upon last year?  Why not put it into the statutes?                                                                              
                                                                                                                                
Senator Parnell said it was the sum total from last year.                                                                       
He requested Teri Kramer from Legal Services come to the                                                                        
table.                                                                                                                          
                                                                                                                                
Teri Kramer, Legal Services, Legislative Affairs Agency was                                                                     
invited to join the committee.  She said the missions and                                                                       
measures could be put into the bill.  It would only be                                                                          
arduous to draft and there may be questions regarding                                                                           
existing statutes.                                                                                                              
                                                                                                                                
Senator Adams asked what was the liability of putting                                                                           
something like this into a bill if it would not be                                                                              
correctly performed?  He referred to section 2, page 2.                                                                         
And what happens if they do not come up to full                                                                                 
expectations and there is a liability and challenge on each                                                                     
of these?  He believed this bill violated the State                                                                             
Constitution and should perhaps have a judicial review.                                                                         
Article 2, section 13 set out the single substance                                                                              
requirement.  Senator Adams felt it would not survive                                                                           
judicial scrutiny.                                                                                                              
                                                                                                                                
Ms. Kramer said the single substance issue was certainly in                                                                     
issue.  However, it only addresses a single year of                                                                             
appropriations.  Courts have been generous in the past in                                                                       
considering this matter.  She suggested it would perhaps be                                                                     
better to put it into several bills rather than lumped into                                                                     
one.                                                                                                                            
                                                                                                                                
Senator Parnell concurred that the Courts have been                                                                             
generous in the past.  Missions and measures are an                                                                             
expression of legislative policy and therefore the State                                                                        
would be immune to liability.  It is a legislative duty to                                                                      
set policy.                                                                                                                     
                                                                                                                                
Senator Leman agreed with Senator Adams regarding page 2.                                                                       
He felt that performance measures should only be what                                                                           
ought to be acquired.  With reference to page 8, line 15,                                                                       
performance measures for permits.he asked what were the                                                                         
workable permits issued compared to the total permits                                                                           
issued.  Will there be a total amount of workable permits                                                                       
and another total for unworkable permits?                                                                                       
                                                                                                                                
Senator Parnell responded.  All missions and measures were                                                                      
established in the subcommittees and are in rough form.                                                                         
They were only a reflection of what was passed last year.                                                                       
                                                                                                                                
Senator Leman asked what does "workable permit" mean.                                                                           
                                                                                                                                
Senator Parnell said Ms. Kramer would have to respond.                                                                          
                                                                                                                                
Senator Adams referred to missions and measures that we                                                                         
presently have and indicated that they were not                                                                                 
accomplished as they should.  He said, "Perhaps we should                                                                       
get away from the single substance issue."                                                                                      
                                                                                                                                
Ms. Kramer said she didn't feel there was any liability                                                                         
under single substance.  She did not know what the                                                                              
Legislature intended if a department did not accomplish its                                                                     
measures.                                                                                                                       
                                                                                                                                
Senator Parnell responded that if an agency did not                                                                             
accomplish its measures then they would either do away with                                                                     
the program or cut it back, or the agency would convince                                                                        
the Legislature they needed more money to perform the                                                                           
specific duty.  He said the bill was only an expression of                                                                      
policy and that the Legislature was immune to liability.                                                                        
                                                                                                                                
Senator Adams asked about the public or constituency                                                                            
feeling that the missions and measures were not being                                                                           
fulfilled?  The public would like to see an accomplishment.                                                                     
                                                                                                                                
Senator Parnell agreed and said that the Legislature was                                                                        
acting as a representative of the people in holding the                                                                         
departments responsible.                                                                                                        
                                                                                                                                
Senator P. Kelly reiterated the key to the missions and                                                                         
measures as discussed last year.  The agencies did not have                                                                     
much objection, if any, to them.  There were some technical                                                                     
problems and if departments and agencies could not agree                                                                        
then they were held over.  There was going to be some                                                                           
failure, which would assist in getting a handle on what was                                                                     
expected of the agency.  He felt this interaction was good.                                                                     
                                                                                                                                
Senator Parnell said for years the executive branch had put                                                                     
performance measures into their detail books but had never                                                                      
been held accountable, nor did they really know what was in                                                                     
the detail books.  In referring to the Executive Budget Act                                                                     
he said results could not be put into the budget itself.                                                                        
                                                                                                                                
Senator Donley said measures should be put in the budget                                                                        
documents as in other states.  "We are trying to get more                                                                       
efficiency in State government so people see the result of                                                                      
their money."  By use of his veto power the Governor took                                                                       
out some good measures.  Most of the departments had agreed                                                                     
to the measures he later vetoed.                                                                                                
                                                                                                                                
Jack Kreinheder, Senior Policy Analyst, Office of                                                                               
Management and Budget was invited to join the committee.                                                                        
He said they supported the bill in concept and appreciated                                                                      
the opportunity to work with the committee in the drafting                                                                      
of the bill.  It would be preferable to have some clearer                                                                       
wording in the bill, however.                                                                                                   
                                                                                                                                
In response to Senator Phillips, Mr. Kreinheder responded                                                                       
and used Y2K as an example.  A mandatory statement by the                                                                       
Legislature regarding missions and measures could be a                                                                          
problem.                                                                                                                        
                                                                                                                                
Senator Parnell asked if the Administration had any other                                                                       
problems with any other section other than Y2K?                                                                                 
                                                                                                                                
Mr. Kreinheder said they had not done a comprehensive                                                                           
review.  The Attorney General's office had done some.  Y2K                                                                      
popped out because it was a "hot potato".  Many of the                                                                          
other measures do not have a target, rather have a                                                                              
baseline.  He is not aware of others that may raise                                                                             
pressing legal problems.  This bill applies to current year                                                                     
but there were concerns to get it adopted quickly.  The                                                                         
Administration was taking this seriously and departments                                                                        
were working on enhancing these measures.  It would be                                                                          
preferable for the departments to work with the                                                                                 
subcommittees to fine-tune the measures.                                                                                        
                                                                                                                                
Senator Parnell said he anticipated the subcommittees would                                                                     
do this but felt they needed the support of the bill.  It                                                                       
would then be a potential vehicle for the year 2000.                                                                            
                                                                                                                                
Mr. Kreinheder said they did not have any legal opinion                                                                         
regarding this bill.  He spoke with Jim Baldwin along with                                                                      
a few others that had looked at the bill but he noted that                                                                      
no immunity for the State had been discussed.  He said a                                                                        
reasonable level of compliance should be reached.  Targets                                                                      
for litigation should be set if it were to be a compliance                                                                      
requirement.  In response to Senator Parnell he said they                                                                       
felt the State could be held liable.                                                                                            
                                                                                                                                
Senator Donley suggested adding an amendment that would                                                                         
read: "The State could not be held liable for anything                                                                          
contained herein."                                                                                                              
                                                                                                                                
Senator Phillips said he thought the State was looking for                                                                      
perfection.  Therefore a standard of excellence should be                                                                       
set up and measured against.  Perfection is not going to                                                                        
happen.  Department of Law was going to have to work with                                                                       
the Legislature and this bill was a good start.  People                                                                         
want to know if they are getting their money's worth.                                                                           
                                                                                                                                
Senator Kelly said he knew there was going to be a problem                                                                      
with Y2K.   He asked if they were compliant?                                                                                    
                                                                                                                                
Senator Parnell said Y2K was under mission critical.  Co-                                                                       
chair Torgerson concurred.                                                                                                      
                                                                                                                                
Senator Parnell further explained that one hundred percent                                                                      
of mission critical was covered by disaster recovery                                                                            
program.  He also advised the committee that there were a                                                                       
host of other Y2K problems.                                                                                                     
                                                                                                                                
Senator P. Kelly reiterated his concern for the Y2K issue.                                                                      
There will still be problems because everything cannot be                                                                       
anticipated.                                                                                                                    
                                                                                                                                
Co-chair Torgerson felt that the Office of Management and                                                                       
Budget was trying to delay the bill.  They want to have                                                                         
words in there that have no accountability.                                                                                     
                                                                                                                                
Mr. Kreinheder said it was not their intent to hold the                                                                         
bill up.  He was also not going to argue on the one hundred                                                                     
percent compliance for the Y2K problem.  The Department of                                                                      
Law can address the other questions raised.  Some                                                                               
redrafting would make it clear that the bill was an                                                                             
expression of policy by the Legislature.                                                                                        
                                                                                                                                
Senator Adams did not feel that the Office of Management                                                                        
and Budget was trying to hold up the bill, rather they were                                                                     
only suggesting rewording.                                                                                                      
                                                                                                                                
Senator Parnell referred to Amendment #1.  Accountability,                                                                      
he said, rests back here.  He then requested the bill be                                                                        
held over until Thursday.  He will work with Legislative                                                                        
Legal, Senator Donley and the Administration on more                                                                            
specific language.  Perhaps that would help solve the saber                                                                     
rattling.                                                                                                                       
                                                                                                                                
Senator Adams voiced concern on the single substance issue.                                                                     
He wanted a memorandum on that.                                                                                                 
                                                                                                                                
Senator Parnell agreed to seek to clarify the single                                                                            
substance issue.                                                                                                                
                                                                                                                                
                                                                                                                                
Suzanne Tryck, WWAMI Coordinator joined the committee by                                                                        
teleconference from Anchorage.  She said she had no                                                                             
comments to make regarding the bill but would be happy to                                                                       
answer any questions.                                                                                                           
                                                                                                                                
Co-chair Torgerson SET ASIDE SB 49 until Thursday.                                                                              
                                                                                                                                
He then called SB 3.                                                                                                            
                                                                                                                                
                                                                                                                                
SENATE BILL NO. 3                                                                                                               
                                                                                                                                
"An Act relating to the crimes of murder, solicitation                                                                          
to commit murder in the first degree, manslaughter,                                                                             
and criminally negligent homicide; relating to                                                                                  
homicides of children; and relating to the crime of                                                                             
interference with custody of a child or incompetent                                                                             
person."                                                                                                                        
                                                                                                                                
                                                                                                                                
Senator Rick Halford was invited to join the committee.  He                                                                     
offered brief comments as sponsor of the bill.  He                                                                              
explained the fiscal note from the Department of Law at                                                                         
zero and the Department of Administration as being an                                                                           
indeterminate amount.                                                                                                           
                                                                                                                                
Senator Adams said he supported this piece of legislation.                                                                      
                                                                                                                                
Senator Leman referred to a particular case wherein an                                                                          
individual fleeing a police officer shot and killed an                                                                          
eight-year old child.  He asked specifically if this type                                                                       
of activity was covered in this bill?                                                                                           
                                                                                                                                
Senator Halford said this was covered.  Penalties increase                                                                      
when a firearm is present.  Penalties increase when the                                                                         
victim is a child.                                                                                                              
                                                                                                                                
David Hudson, First Sergeant, Alaska State Troopers, said                                                                       
they supported the bill.  He voiced concerns that proper                                                                        
consideration should be given for the necessary enabling                                                                        
language that a convicted individual of sexual offense must                                                                     
register.  It was explained that a person could cause death                                                                     
of a child during a sex offense and be charged with murder                                                                      
therefore not having to register as a sex offender.                                                                             
                                                                                                                                
Senator Halford said this was not the intent of the                                                                             
legislation or the sex offender registration program.  He                                                                       
would go back and look into this matter.                                                                                        
                                                                                                                                
                                                                                                                                
Tape: SFC - 99 #17, Side B                                                                                                      
                                                                                                                                
Senator Donley referred to item three of the sponsor                                                                            
statement.  He wanted an explanation of the impact this                                                                         
would have and how it would apply to crimes against                                                                             
children.  Public policy.was taking homicides more                                                                              
seriously and he agreed with this.  How did this relate to                                                                      
other forms of homicide in general?                                                                                             
                                                                                                                                
Senator Halford asked Senator Donley for a better                                                                               
explanation of his question.                                                                                                    
                                                                                                                                
Senator Donley explained homicide and a greater degree of                                                                       
culpability.  When one was raised what was it being equated                                                                     
to?  Was it being equated to a greater amount of                                                                                
culpability.  He agreed to talk about it later with the                                                                         
sponsor.                                                                                                                        
                                                                                                                                
Senator Halford said the terms and options would have to be                                                                     
examined.  A second-degree offense would be elevated if the                                                                     
victim were a child.  There was also an increase in the                                                                         
penalty if the victim was a child.                                                                                              
                                                                                                                                
Senator Donley asked if the particular individual would be                                                                      
eligible for good time?  Senator Halford said "yes".                                                                            
                                                                                                                                
Senator Halford explained his understanding of manslaughter                                                                     
for Senator Kelly.  However, he did not know the exact                                                                          
legal definition.  That was charges the lawyers argue                                                                           
about.                                                                                                                          
                                                                                                                                
Senator Kelly asked if perhaps Senator Donley could help                                                                        
out.  Which was more grievous, manslaughter or homicide?                                                                        
                                                                                                                                
Senator Halford said he understood manslaughter to be the                                                                       
more grievous charge.  However, he would have expected                                                                          
these questions in the judiciary committee.                                                                                     
                                                                                                                                
Senator Leman MOVED SB 6.  WITHOUT OBJECTION it was                                                                             
REPORTED OUT with individual recommendations and                                                                                
accompanying fiscal notes from the Department of                                                                                
Administration/Public Advocacy, indeterminate; Department                                                                       
of Law, zero; Department of Administration/Public Defender,                                                                     
indeterminate; Department of Corrections, zero.                                                                                 
                                                                                                                                
Co-chair Torgerson called SB 6.                                                                                                 
                                                                                                                                
                                                                                                                                
 SENATE BILL NO. 6                                                                                                              
                                                                                                                                
"An Act relating to the disposal of state land."                                                                                
                                                                                                                                
                                                                                                                                
Mel Krogseng, staff to Senator Robin Taylor was invited to                                                                      
join the committee.  She explained the bill on behalf of                                                                        
Senator Taylor, sponsor.  The land in question has been                                                                         
purchased and returned to the State because of default. The                                                                     
Department of Natural Resources proposed the amendments                                                                         
that were already incorporated into bill.  It is supported                                                                      
by them and carries a zero fiscal note.                                                                                         
                                                                                                                                
Senator Adams asked about the two amendments proposed by                                                                        
the chairman.  Ms. Krogseng said there was no objection to                                                                      
the amendments.                                                                                                                 
                                                                                                                                
Carol Carroll, Director, Division of Support Services,                                                                          
Department of Natural Resources was invited to join the                                                                         
committee.  She did not wish to testify but said Dick                                                                           
Mylius from the department was available via teleconference                                                                     
in Anchorage.                                                                                                                   
                                                                                                                                
Dick Mylius, Resource Assessment and Development, Division                                                                      
of Land, Department of Natural Resources testified before                                                                       
the committee via teleconference in Anchorage.  He said the                                                                     
department supported the bill as currently drafted.  It                                                                         
would allow them to get land up for sale more quickly.                                                                          
Under State statute the land must be appraised before sale.                                                                     
                                                                                                                                
Senator Adams referred to Amendment #1, section 5 having to                                                                     
do with appraisals.  His concern was that the director                                                                          
might not reject an appraisal.  What happens if there is a                                                                      
low appraisal rating?                                                                                                           
                                                                                                                                
Mr. Mylius said they opposed Amendment #1.  The department                                                                      
may want to reject an appraisal for many reasons.  Such as                                                                      
error in computation, the wrong parcel of land, etc.                                                                            
                                                                                                                                
Senator Adams referred to Amendment #2.                                                                                         
                                                                                                                                
Mr. Mylius said his concern for Amendment #2 was the                                                                            
statute was changed previously to two years.  Further, it                                                                       
does not read quite clear what the addition modifies.                                                                           
                                                                                                                                
Senator Adams suggested that in Amendment #2, line 6, after                                                                     
"lease" insert "or".                                                                                                            
                                                                                                                                
Mr. Mylius briefly described an inaccurate appraisal and                                                                        
the problems caused by this for the committee.                                                                                  
                                                                                                                                
Co-chair Torgerson commented about the situation of the                                                                         
hiring of an appraiser to appraise a specific piece of                                                                          
land, it was rejected and the case was now under                                                                                
administrative appeal.  He then explained purpose of the                                                                        
amendment.                                                                                                                      
                                                                                                                                
Mr. Mylius said this kind of situation rarely arises and                                                                        
this one was an exception.  There was significant error.                                                                        
The private appraiser ignored all comments and suggestions                                                                      
made by State appraiser.                                                                                                        
                                                                                                                                
Senator Torgerson said appraisers were hired because they                                                                       
were supposed to be unbiased towards either party.  Did                                                                         
they try to negotiate a higher price?                                                                                           
                                                                                                                                
Mr. Mylius said there was a lot of differences.  The piece                                                                      
of property was a difficult one to appraise.                                                                                    
                                                                                                                                
Senator Torgerson asked if appraisers were licensed by the                                                                      
State?  Mr. Mylius said they were.  Senator Torgerson asked                                                                     
if they were covered by insurance?  Mr. Mylius said he did                                                                      
not know.                                                                                                                       
                                                                                                                                
Senator Phillips asked if the process done for everyone was                                                                     
normally the same?                                                                                                              
                                                                                                                                
Mr. Mylius said parcels of land were appraised beforehand.                                                                      
They appraise the land up front and the buyer pays this fee                                                                     
up front.  They do sell exclusively to an individual in                                                                         
certain situations.                                                                                                             
                                                                                                                                
Senator Phillips asked what happened if an individual did                                                                       
not like the appraisal?  Was another appraisal secured?                                                                         
Mr. Mylius said that was correct.                                                                                               
                                                                                                                                
Senator Adams asked what the third appraisal in this                                                                            
particular situation came out to be?  Mr. Mylius said the                                                                       
issue was currently out to deal and he could not release                                                                        
the amount of the appraisal.                                                                                                    
                                                                                                                                
Co-chair Torgerson asked what was the expectation of the                                                                        
person paying for the appraisal?  In this particular                                                                            
situation, they got two more appraisals and still filed an                                                                      
appeal.                                                                                                                         
                                                                                                                                
Senator Donley MOVED Amendment #1.  Senator Adams OBJECTED.                                                                     
He MOVED to delete all of section 5 as an amendment to                                                                          
Amendment #1.  Co-chair Torgerson OBJECTED.  He said there                                                                      
was an expectation on behalf of the buyer when the                                                                              
appraisal service was paid for.  Therefore the department                                                                       
did not have any veto right.                                                                                                    
                                                                                                                                
Mr. Mylius said this instance was a rare occasion.  The                                                                         
State certified appraiser had voiced her concerns.  The                                                                         
outside appraiser did not respond to her concerns.                                                                              
                                                                                                                                
Senator Torgerson said he felt Mr. Mylius wanted to leave                                                                       
everything to the discretion of the department.                                                                                 
                                                                                                                                
Mr. Mylius said they either do appraisal with their own                                                                         
staff or hire another appraiser.  Then it could be appealed                                                                     
to the commissioner, the individual could purchase the                                                                          
property or not, or they could take the matter to Court.                                                                        
                                                                                                                                
Senator Torgerson said this was not great policy and it did                                                                     
not make sense.                                                                                                                 
                                                                                                                                
Senator Phillips asked about the appraisals.  Did the same                                                                      
process apply to all properties?  Mr. Mylius said they did                                                                      
use the same appraisal process for all properties.                                                                              
                                                                                                                                
Senator Phillips questioned then why was this case so                                                                           
different?  Mr. Mylius said this was because of the                                                                             
difference of the value of the property between the                                                                             
purchaser and the department.                                                                                                   
                                                                                                                                
Senator Kelly asked if there was any contract that the                                                                          
Department of Natural Resources would sell land to a person                                                                     
based on an appraisal carried out by one of their approved                                                                      
people?   Mr. Mylius said there was no contract, but it                                                                         
would still have to be approved by their appraiser.  He                                                                         
explained that the only ground for disapproval was fraud.                                                                       
                                                                                                                                
Senator Kelly explained his understanding of a contract                                                                         
with an appraiser.  Is one stuck with the obligation of                                                                         
buying even if they do not like the appraiser?  The larger                                                                      
question to be determined is that is this something that                                                                        
always goes on?  Or is this just an isolated incident?  He                                                                      
said he would have to support Senator Torgerson's amendment                                                                     
individuals.                                                                                                                    
                                                                                                                                
Senator Donley asked for an explanation of the standard                                                                         
used.  Was there clear and convincing evidence that the                                                                         
appraisal was inaccurate?  Mr. Mylius said there was no                                                                         
clear and convincing standard.  There was however a                                                                             
standard checklist to make sure the appraisal was good.                                                                         
                                                                                                                                
Senator Donley said he had received comments that State                                                                         
policy was not being executed.  There were people in                                                                            
positions that have decision-making authority ignoring the                                                                      
intent of the statute.  This was causing great concern for                                                                      
many individuals.  A systemic pattern was seen and needs to                                                                     
be attended to.  He has been hearing of this process in the                                                                     
business community.                                                                                                             
                                                                                                                                
Mr. Mylius said he would provide statistics to the                                                                              
committee showing that this was a rare incident.                                                                                
                                                                                                                                
Co-chair Torgerson said if he wanted to purchase land he                                                                        
had the option not to purchase it, not the appraiser.                                                                           
                                                                                                                                
Senator Green voiced her concerns.  The Commissioner was                                                                        
approving each appraiser.  Perhaps it was time to get back                                                                      
into the reversionary relationship of buyer and appraiser.                                                                      
The present system does not work very well.  Was this                                                                           
appraiser still on the payroll?  Mr. Mylius said this                                                                           
person was no longer a certified appraiser.  The particular                                                                     
appraiser did not fill out and submit the required re-                                                                          
certification papers and therefore was not on the certified                                                                     
list.                                                                                                                           
                                                                                                                                
Senator Green asked if a minimum bid was ever set?  Mr.                                                                         
Mylius said the appraiser did set a minimum bid.                                                                                
                                                                                                                                
Senator Green asked if they were operating according to                                                                         
policy?  Mr. Mylius asked for clarification?                                                                                    
                                                                                                                                
Senator Green asked if the department was operating under                                                                       
statute so an individual could anticipate what they might                                                                       
have to go through?                                                                                                             
                                                                                                                                
Senator Kelly asked if this was under regulation or policy?                                                                     
Mr. Mylius said most operations were under regulation.                                                                          
                                                                                                                                
Senator Phillips asked about list of approved appraisers?                                                                       
And how often was this reviewed?  Mr. Mylius said he was                                                                        
not sure how many were on the list.  It was reviewed less                                                                       
often than once a year.  The appraiser in question was not                                                                      
on the list any longer.                                                                                                         
                                                                                                                                
Co-chair Torgerson said the Department of Natural Resources                                                                     
also had a list of appraisers that were not approved to                                                                         
use.  This has created a problem.  He asked if the bank                                                                         
changes the appraisal on a loan?  Mr. Mylius said he was                                                                        
unaware of what the bank did.                                                                                                   
                                                                                                                                
Co=chair Torgerson spoke briefly to the committee regarding                                                                     
appraisals in favor of the State.                                                                                               
                                                                                                                                
Senator Wilken asked Co-chair Torgerson to set aside the                                                                        
amendment to Amendment #1 pending receipt of requested                                                                          
information.                                                                                                                    
                                                                                                                                
Senator Donley referred to amendment to Amendment #1 and                                                                        
perhaps it could be incorporated into Amendment #2.                                                                             
                                                                                                                                
Tape: SFC - 99 #18, Side A                                                                                                      
Co-chair Torgerson explained Amendment #2 and the change of                                                                     
two years to five years for an appraisal.  They were trying                                                                     
to assist Alaskans in their purchase of land.                                                                                   
                                                                                                                                
Senator Donley spoke to the "clear and convincing"                                                                              
standard.  Senator Adams concurred.  He suggested they work                                                                     
on this bill overnight to find a negotiated point and also                                                                      
take care of the involved constituent to make sure this                                                                         
does not happen in the future.  He felt this truly was an                                                                       
isolated case.                                                                                                                  
                                                                                                                                
Co-chair Torgerson said he did not feel this was an                                                                             
isolated issue.  As he said, they might as well not license                                                                     
appraisers.                                                                                                                     
                                                                                                                                
Senator Kelly asked if appraisers were licensed in the                                                                          
State?  Co-chair Torgerson said he thought they were                                                                            
certified.                                                                                                                      
                                                                                                                                
Senator Donley asked if the amendment to amendment #1 was                                                                       
presently before the committee.  Senator Adams said this                                                                        
could be held overnight and perhaps they could come up with                                                                     
a compromise and get bill out tomorrow.                                                                                         
                                                                                                                                
Co-chair Torgerson briefly commented.                                                                                           
                                                                                                                                
Senator Donley said there was really two questions.  The                                                                        
first one was the approval of appraisers.  The department                                                                       
should not have the authority to approve appraisers.                                                                            
Second, was the "clear and convincing" standard if there                                                                        
was "discretion" to be approved by the department.  These                                                                       
were possible suggestions offered by Senator Donley.                                                                            
                                                                                                                                
Senator Green said his suggestions would not correct the                                                                        
situation.  Senator Donley disagreed saying this suggested                                                                      
standard would have given the constituent something to go                                                                       
by.                                                                                                                             
                                                                                                                                
Co-chair Torgerson felt there should have been an unbiased                                                                      
appraisal.                                                                                                                      
                                                                                                                                
Senator Donley pointed out that the same thing could happen                                                                     
if the Commissioner discriminated in approving appraisers                                                                       
who were sympathetic to them.  Co-chair Torgerson's concern                                                                     
was that the State, in this matter, was asking Alaskans to                                                                      
come, give money and then they would do the appraisal.                                                                          
                                                                                                                                
Senator Green asked if the burden of appraisal were back on                                                                     
the State, either there could be a flat fee or the                                                                              
applicant could pay and State would handle the appraisal?                                                                       
Co-chair Torgerson said this could be an option.                                                                                
                                                                                                                                
Mel Krogseng rejoined the committee and also said this                                                                          
could be an option.  The price of an appraisal is pretty                                                                        
standard unless it is a remote parcel.  She suggested Mr.                                                                       
Mylius check into this matter.                                                                                                  
                                                                                                                                
Ms. Krogseng continued.  It was her understanding that a                                                                        
bank had an appraisal list and no matter who ordered the                                                                        
appraisal the official appraiser is taken from that list.                                                                       
If there is a problem then perhaps we should check into the                                                                     
standard of their certification.                                                                                                
                                                                                                                                
Co-chair Torgerson HELD the bill in committee along with                                                                        
the amendments.  This should be worked out with Department                                                                      
of Natural Resources.  Ms. Krogseng said she would be glad                                                                      
to work with the committee and the department.                                                                                  
                                                                                                                                
Co-chair Torgerson reviewed the agenda for tomorrow.  An                                                                        
Overview of the Department of Administration was scheduled.                                                                     
                                                                                                                                
Senator Adams asked if the University of Alaska would also                                                                      
be taken up?                                                                                                                    
                                                                                                                                
Senator Parnell said he had asked for a review of all                                                                           
bargaining units.  He did not know if the University would                                                                      
be present.                                                                                                                     
                                                                                                                                
                                                                                                                                
ADJOURNED                                                                                                                       
                                                                                                                                
Co-chair Torgerson adjourned the meeting at approximately                                                                       
10:50 A.M.  (Tape number#18, Side A.)                                                                                           
                                                                                                                                
                                                                                                                                
SFC-99 (1) 02/02/99                                                                                                             

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