Legislature(1997 - 1998)
01/29/1997 01:38 PM Senate JUD
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SENATE JUDICIARY COMMITTEE
January 29, 1997
1:38 p.m.
MEMBERS PRESENT
Senator Robin Taylor, Chair
Senator Drue Pearce, Vice-chair
Senator Mike Miller
Senator Sean Parnell
Senator Johnny Ellis
MEMBERS ABSENT
None
COMMITTEE CALENDAR
SENATE CONCURRENT RESOLUTION NO. 1
Proposing amendments to the Uniform Rules of the Alaska State
Legislature relating to certain committee meetings held outside of
the state capital and to recess of the legislature during the
period the meetings are held; and providing for an effective date.
MOVED SCR 1 OUT OF COMMITTEE
EXECUTIVE ORDER 99 - TRANSFERRING CERTAIN FUNCTIONS FROM DPS TO DOA
HEARD WITH NO STATED OBJECTIONS
PREVIOUS SENATE COMMITTEE ACTION
SCR 1 - No previous Senate committee action.
EO 99 - No previous Senate committee action.
WITNESS REGISTER
Commissioner Ron Otte
Department of Public Safety
P.O. Box 111200
Juneau, AK 99811-1200
POSITION STATEMENT: Discussed and supported EO 99
Commissioner Mark Boyer
Department of Administration
P.O. Box 110200
Juneau, AK 99811-0200
POSITION STATEMENT: Discussed and supported EO 99
Senator Jim Duncan
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor of SCR 1
Pamela Varni
Executive Director
Legislative Affairs Agency
130 Seward St., Suite 313
Juneau, AK 99801-2197
POSITION STATEMENT: Commented on SCR 1
Mayor Dennis Egan
City and Borough of Juneau
155 So. Seward St.
Juneau, AK 99801
POSITION STATEMENT: Supports SCR 1
ACTION NARRATIVE
TAPE 97-3, SIDE A
Number 000
VICE CHAIR PEARCE called the Senate Judiciary Committee to order at
2:00 p.m. and announced the presence of Senators Miller and Ellis.
The first order of business before the committee was Executive
Order 99 (EO 99).
COMMISSIONER RON OTTE , Department of Public Safety (DPS), stated
EO99 moves the Division of Motor Vehicles (DMV) from DPS to the
Department of Administration (DOA). Each year, DMV employees:
respond to more than 3 million contacts with the public, either
over-the-counter or by mail; document about $3 billion worth of
vehicles in Alaska; and collect revenues amounting to about $36
million - $6.5 million on behalf of local communities in the form
of property taxes, and $29 million which is deposited in the
general fund. DMV's annual operational expenses are about $8
million. Over the last 13 years, DMV has acquired 54 additional
administrative requirements from a variety of agencies, and another
12 are pending. For example, the receipt of federal highway funds
by DOT/PF, in the amount of $56 million, are contingent upon DMV's
ability to carry out four new pending administrative requirements:
commercial drivers licensing, emission inspection enforcement,
heavy vehicle user tax, and odometer readings. Because of the
high volume of transactions that occur at DMV, the public has
become frustrated because simple business transactions are not
completed in a timely manner. The public is also frustrated that
technological advances commonplace to many businesses are not
available at DMV.
COMMISSIONER OTTE pointed out DMV has been forced to compete with
other public and life safety functions within DPS, and has not
fared well against those kinds of interests during the last 12 to
15 years. DPS' limited number of management staff spends most of
its time on public and life safety issues, and its limited number
of data processing staff spends its time trying to maintain the
criminal history records system and other processes that support
law enforcement and the criminal justice community.
COMMISSIONER OTTE recently discussed with Juneau staff how to keep
the automated fingerprint system functioning to provide the kind of
support needed to identify and apprehend serious offenders, while
Commissioner Boyer spoke with the DMV director in Anchorage about
business applications and solutions to streamline procedures at DMV
offices around the state. Commissioners Otte and Boyer agree a
business solution is necessary. Commissioner Boyer and his staff
have the interest and resources to help DMV identify the problems
and find solutions.
Number 129
COMMISSIONER BOYER , Department of Administration, emphasized his
enthusiasm for a DMV transfer to DOA. Discussions regarding DMV
have focussed on the need to improve customer service so that it is
fast, accurate, cheap, and easy. The core business fundamentals of
DPS are different than those of DOA. DOA has a centralized
administrative body and the tools available to enable other
departments to conduct their business better. Those tools include
its ability to leverage finances in the market, to provide a faster
turnaround time in the personnel system, to use the procurement
system more efficiently, and to provide information services
technology. The purpose of DOA's core services and resources is to
enable people to provide improved services and products.
COMMISSIONER BOYER discussed his meeting in Anchorage with DMV
officials and interested parties. A pilot project under
consideration, to be located in Anchorage and Fairbanks, would move
a large number of the transactions involved in issuing vehicle
titles and registrations for new vehicles out of the DMV offices.
The project would provide services similar to a home purchase
closing so that all vehicle transactions would be completed at one
time, including bank financing. The pilot project is scheduled to
begin in the next three to four weeks. DOA was able to bring an
expedited resolution to the discussions in Anchorage because it has
staff with the expertise to focus on the technology, personnel, and
procurement elements of the project. A number of similar projects
are being considered that will not cost additional money from
program receipts or the general fund. If DOA's current financial
resources remain in place, it can provide a turnaround that will
leave the public feeling satisfied with DMV services.
Number 229
CHAIRMAN TAYLOR referred to AS 28.20.270 (Suspension for nonpayment
of judgments) and noted DPS made the decision sometime last year to
no longer enforce that law. The law provides an effective
collection tool used in subrogation claims within the insurance
industry; consequently, failure to enforce that law diminishes
one's collection options. AS 28.20.270 has been in effect since
1959 and is simple to enforce: when DMV receives a certified copy
of a judgment, the offender's drivers license is revoked until the
judgment is satisfied. Chairman Taylor requested assurance that as
the transfer of DMV to DOA occurs, enforcement of that statute
resumes.
Number 252
COMMISSIONER OTTE concurred with Chairman Taylor's concern 100
percent. He informed the Senate Finance Committee during the
previous year's budget deliberations that 14 DPS positions, several
from DMV, would need to be cut under the proposed budget. Four DMV
employees administered the program referred to by Chairman Taylor.
He feared if necessary changes are not made soon, the huge volume
and increase in work across the board will continue to degrade the
services that need to be provided. Several things are occurring
that may allow DMV to resume enforcement of AS 28.20.270, such as
increased electronic efficiencies to help available personnel.
COMMISSIONER BOYER commented an electronic fix is one part of the
solution. Procedural changes are also needed to eliminate
redundancies and reduce time requirements.
Number 284
CHAIRMAN TAYLOR stated many legislators assumed the establishment
of the two year vehicle registration requirement during the
previous session would reduce the workload of DMV employees.
COMMISSIONER OTTE replied DMV anticipates a 10 percent reduction in
its workload as a result of biannual vehicle registration.
COMMISSIONER BOYER added the way state business has been conducted
over a good number of years has not changed, yet the population and
demands have increased. Everything the Legislature has taken the
initiative to do has enabled DMV to stay above water but the entire
delivery system needs to be redesigned to get another incremental
improvement.
There was no further testimony on EO 99. It was noted that the
Senate Judiciary Committee had no objections to register.
Number 314
SCR 1 LEGSL. COMMITTEE MEETINGS OUTSIDE JUNEAU
SENATOR DUNCAN , sponsor of SCR 1, explained the measure requires
the Legislature to take a ten day recess between the 60th and 70th
day of the session, so that various standing committees can hold
hearings and take action on select pieces of legislation in other
areas of the state thereby increasing public access and input. SCR
1 requires notification of committee hearings to be published by
the 50th day of the session. The 50th legislative day was chosen
because the major issues of the session should be identified by
that time. Senator Duncan believes the Legislature recognizes its
responsibility to do everything possible to involve the public in
the legislative process. Although the Legislature has provided a
good audio teleconferencing system and is expanding to a two-way
video conferencing system, and Gavel to Gavel is available, SCR 1
takes one more step. SCR 1 allows legislators to visit communities
and make contact with residents outside of their districts and
helps to open up the legislative process at a minimal cost. The
Legislative Affairs Agency (LAA) has prepared a fiscal note with a
cost of $98,000 but the cost will vary depending on the number of
committees traveling, the number of communities visited, and which
major issues are selected for hearing.
Number 360
PAMELA VARNI , Executive Director of the LAA, addressed the fiscal
note. In determining the costs associated with committee travel,
several assumptions were made, and costs were minimized by
coordinating meetings and advertising costs. The fiscal note
accounts for staff travel, however the number of staff traveling
will actually be decided by the presiding officers. Advertising
costs will vary depending on how many advertisements can be
consolidated. The fiscal note does not allow for the collection of
per diem on a claim system; the decision to do so could be made by
the presiding officers.
SENATOR PARNELL asked Ms. Varni to specify which staff would be
traveling. MS. VARNI replied the estimate was calculated based on
the travel costs of one staff person per committee. LAA assumed if
no staff is traveling, the Legislative Information Office, if its
schedule permits, could assist committees.
Number 387
SENATOR PARNELL questioned whether teleconference costs would
remain the same if committee hearings were held elsewhere. MS.
VARNI responded the costs would remain the same.
Number 393
MAYOR DENNIS EGAN , City and Borough of Juneau (CBJ), stated the
community of Juneau takes its role and responsibility as Alaska's
capital city very seriously. Mayor Egan and the Juneau Assembly
are very open to ideas and initiatives that are advanced to enhance
public satisfaction with Juneau as Alaska's capital city. By
definition, a "capital" is, among other key functions, a place
where a legislature meets, however that does not preclude
committees of a legislature from holding hearings in all regions of
the state. To the extent that SCR 1 further enables bringing the
legislative process to various regions of this vast state, he
supports the amendment to the Uniform Rules. Moreover, SCR 1 fits
well with the recent set of initiatives that the CBJ has undertaken
to improve access to the government process. CBJ actively supports
statewide Gavel to Gavel television coverage of the legislative
session, enhanced audio and video teleconferencing of legislative
and executive branch meetings, and access to government through the
internet and other telecommunications improvements. These
initiatives augment the excellent job that the 21 statewide
Legislative Information Offices are doing in providing essential
information and assistance to the general public. Furthermore,
passage of SCR 1 would also be building on these initiatives by
giving legislators, regardless of their home district location, a
greater opportunity to learn about the unique circumstances and
challenges of Alaska's many communities and regions. For all of
these reasons, he and the CBJ Assembly support the passage of SCR
1.
Number 419
CHAIRMAN TAYLOR asked whether SCR 1 conflicts with any of the
legislative time constraints set out in the Alaska Constitution,
such as the 45 day limit to address Boundary Commission matters.
SENATOR DUNCAN affirmed the Legislature has 45 days to address
Boundary Commission matters and 60 days to deal with Executive
Orders, so those matters would not be available for committee
consideration during the recess.
SENATOR PEARCE clarified the Boundary Commission report must be
received within 45 days of the first day of the legislative
session.
Number 432
CHAIRMAN TAYLOR questioned how a recess between the 60th and 70th
day of the session would be impacted by legislative action
affecting those matters. SENATOR DUNCAN noted the recess could
begin on the 61st day to accommodate those constitutional
deadlines.
CHAIRMAN TAYLOR indicated passage of SCR 1 would create a Uniform
Rule mandating a recess. SENATOR DUNCAN stated Section 2 requires
the Legislature to consider the question of concurrence in a recess
in excess of three days; it does not mandate the recess.
Number 449
SENATOR PARNELL asked why SCR 1 contains a ten-day time limit for
a recess. SENATOR DUNCAN replied ten days seemed like a reasonable
amount of time for committees to travel to two or three communities
throughout the state and hold hearings.
SENATOR PARNELL asked Senator Duncan whether he envisioned a
standing committee, such as the Judiciary Committee, meeting in two
or three different locations. SENATOR DUNCAN said that would be up
to the committee chair; however, if tort reform was the issue, the
committee might want to travel to Anchorage, Fairbanks, Kodiak and
Nome to hold hearings. The Administration set up a public process
that gave people the opportunity to testify directly to a committee
on that major piece of legislation. He envisioned using this
process for critical pieces of legislation that attract broad
public attention in order to provide greater public participation.
SENATOR PARNELL commented that each Senator sits on several
standing committees; therefore, it might be a nightmare to attend
several committee hearings in different locations within ten days.
SENATOR DUNCAN replied that ten days is not a magic number; his
intent is to try to open up the process to more people.
Number 475
CHAIRMAN TAYLOR added some might find the concept of SCR 1 bizarre;
however, the Senate Judiciary Committee did hold hearings on the
tort reform legislation in Sitka, Anchorage, Fairbanks, and
Kotzebue. Had the committee been able to do so during the session
itself, more attention may have been focussed on those hearings.
SENATOR DUNCAN commented that the Senate Judiciary Committee held
the hearings during the interim, therefore could not take formal
action on legislation. SCR 1 would allow people to see committees
revise and take action on legislation.
SENATOR MILLER moved SCR 1 out of committee with individual
recommendations. There being no objection, the motion carried.
CHAIRMAN TAYLOR adjourned the meeting at 3:38 p.m.
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