Legislature(1993 - 1994)
04/17/1993 09:17 AM Senate SSA
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE STATE AFFAIRS COMMITTEE
March 17, 1993
9:10 a.m.
MEMBERS PRESENT
Senator Loren Leman, Chairman
Senator Mike Miller, Vice Chairman
Senator Robin Taylor
Senator Jim Duncan
MEMBERS ABSENT
Senator Johnny Ellis
OTHER MEMBERS PRESENT
SENATOR RANDY PHILLIPS
COMMITTEE CALENDAR
SENATE BILL NO. 128
"An Act relating to legislative audits."
SENATE BILL NO. 129
"An Act relating to the state's chief procurement officer."
SENATE JOINT RESOLUTION NO. 23
Proposing amendments to the Constitution of the State of
Alaska relating to the powers and duties of the legislative
auditor.
PREVIOUS SENATE COMMITTEE ACTION
SB 128 - See State Affairs minutes dated 3/10/93.
SB 129 - See State Affairs minutes dated 3/3/93.
SJR 23 - No previous action to record.
WITNESS REGISTER
Randy Welker, Legislative Auditor
Legislative Affairs Agency
P.O. Box 113300
Juneau, Alaska 99811-3300
POSITION STATEMENT: Commented on SB 128, SB 129, and SJR
23.
Dugan Petty, Director
Division of General Services
Department of Administration
P.O. Box 110210
Juneau, Alaska 99811-0210
POSITION STATEMENT: Commented on SB 129.
Senator Randy Phillips
State Capitol
Juneau, Alaska 99811-1182
POSITION STATEMENT: Commented on SB 129 and SJR 23.
Chris Christianson, Staff Counsel
Judicial Branch
303 K Street
Anchorage, Alaska 99501-2084
POSITION STATEMENT: Commented on SJR 23.
ACTION NARRATIVE
TAPE 93-20, SIDE A
Number 001
Chairman Leman called the Senate State Affairs Committee
meeting to order at 9:10 a.m. and announced SB 128
LEGISLATIVE AUDITS to be up for consideration.
SENATOR MILLER moved to adopt the CS to SB 128. There were
no objections and it was so ordered.
RANDY WELKER, Legislative Auditor, said the CS makes one
change on page 2, line 3 by inserting "executive branch" so
it was clear the Office of Management and Budget did not
have authority to direct implementation of audit
recommendations to the judicial branch.
SENATOR TAYLOR commented that he didn't see the reason for
putting something into statute when it was the Executive
branch's duty, anyhow. MR. WELKER explained SB 128 required
Legislative Audit to report their progress to the Budget and
Audit Committee.
SENATOR TAYLOR moved to pass CSSB 128 from committee with
individual recommendations. There were no objections and it
was so ordered.
Number 92
SENATOR LEMAN announced SB 129 POWERS OF CHIEF PROCUREMENT
OFFICER to be up for consideration.
SENATOR MILLER moved to adopt the CS to SB 129. There were
no objections and it was so ordered.
MR. WELKER again testified. He said the committee
substitute deletes a blanket reference saying the
responsibilities of the chief procurement officer may not be
delegated, because there are certain responsibilities that
are appropriate to delegate. Section 3 provides for some
professional services to fall under the small procurement
statutes as do other types of purchases. Section 5
distinguishes emergency procurements from others. Sections
7, 8, 9, and 10 were recommended by the Administration.
SENATOR RANDY PHILLIPS explained Section 4 allows for the
delegation of authority for small procurements of
professional services.
Number 168
DUGAN PETTY, Director, Division of General Services, said
currently the statute prohibits a cost plus a percentage of
cost contract. They want that to continue, but he still had
three areas of concern with this bill. First, the salary of
the Chief Procurement Officer should be commensurate with
the duties of his position. If the duties changed
significantly, the range may very well increase.
Second, in Section 5, the emergency procurements section,
they propose language saying, "except when there is
insufficient time for the Chief Procurement Officer's prior
determination."
An independent examination of material facts should be at
the discretion of the Chief Procurement Officer was the last
change MR. PETTY offered.
MR. WELKER said setting the salary in statute would make the
position more independent from political "pressures." The
purpose behind requiring an independent determination was to
add some accountability to the position of the Chief
Procurement Officer.
SENATOR TAYLOR moved to pass CS SB 129 from committee with
individual recommendations. There were no objections and it
was so ordered.
Number 265
SENATOR LEMAN announced SJR 23 LEGISLATIVE AUDITOR'S POWERS
to be up for consideration.
REPRESENTATIVE RANDY PHILLIPS, sponsor, said that
Legislative Audit needed some authority to enforce the
recommendations of the audits.
Number 298
MR. WELKER said this resolution proposes some substantial
changes to the constitution. He views this language as a
tool of last resort in any kind of perceived action taken
under the authority of this provision.
SENATOR RANDY PHILLIPS added that should the auditor abuse
his powers, he can be removed by the legislature as a full
body or by the Legislative Budget and Audit Committee.
Number 338
SENATOR DUNCAN said instead of putting this totally on the
legislative auditor, the legislature wants to remain in
control. You might allow the impoundment of funds after a
recommendation made by the legislative auditor, approved by
a majority of the legislative budget and audit committee.
He noted the Budget and Audit Committee might not meet for
several months, and a legislative auditor could decide in
May and decide there should be an impoundment of funds and
do it. One individual should not have that authority. Some
check is needed on the auditor, also.
Number 379
CHRIS CHRISTENSEN, Court System, said he wasn't here to
oppose the bill. He said he was concerned that this might
upset the delicate balance of power that currently exists.
He anticipates when the auditor issues an order to the
Governor for impoundment, if the Governor doesn't like that,
the Attorney General would write an opinion which says it
doesn't apply in that case.
Number 412
SENATOR DUNCAN pointed out an area he thought was
inconsistent where an auditor can impound, but the release
of that impoundment order by a vote of the legislature could
cause some difficulty, because they only meet 4 months out
of the year. He didn't want to turn veto power over to one
individual who is not even an elected official.
SENATOR LEMAN said the committee would discuss this
resolution at a future time and adjourned the meeting at
10:40 p.m.
| Document Name | Date/Time | Subjects |
|---|