04/23/2024 03:00 PM House STATE AFFAIRS

            HB 397-ELIMINATE VACANT STATE POSITIONS                                                                         
                                                                                                                                
4:43:46 PM                                                                                                                    
                                                                                                                                
CHAIR SHAW  announced that the  final order of business  would be                                                               
HOUSE  BILL  NO. 397,  "An  Act  relating to  eliminating  vacant                                                               
positions in the  classified and partially exempt  service of the                                                               
state; and providing for an effective date."                                                                                    
                                                                                                                                
4:43:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CARPENTER, as  prime sponsor,  presented HB  397.                                                               
He paraphrased  the sponsor statement [included  in the committee                                                               
packet], which read as follows [original punctuation provided]:                                                                 
                                                                                                                                
     The  proposed  amendment  to  AS  39.25  establishes  a                                                                    
     mechanism  for  the  elimination  of  vacant  positions                                                                    
     within the  classified or partially exempt  service. By                                                                    
     requiring  the director  of personnel  to identify  and                                                                    
     eliminate  such positions  annually, we  aim to  ensure                                                                    
     that  our  state  government operates  efficiently  and                                                                    
     effectively,  while giving  transparency in  the budget                                                                    
     process.                                                                                                                   
                                                                                                                                
     House    Bill   397    directs   the    Department   of                                                                    
     Administration's  Director  of Personnel  to  eliminate                                                                    
     all unfilled  positions in the classified  or partially                                                                    
     exempt service that  have been open for  over 364 days.                                                                    
     Certain  circumstances are  exempted  from the  vacancy                                                                    
     criteria, such as positions that  have been occupied at                                                                    
     any time during the preceding  364 days, those hired to                                                                    
     fill  the position  even if  employment  begins in  the                                                                    
     following  fiscal  year,  and individuals  eligible  to                                                                    
     return to the position under AS 39.25.158.                                                                                 
                                                                                                                                
     House  Bill   397  will  eliminate   vacant  positions,                                                                    
     streamline operations, and  provide transparency in the                                                                    
     Budget process. House  Bill 397 will also  enable us to                                                                    
     redirect  resources  towards  priority  areas  such  as                                                                    
     public services and infrastructure development.                                                                            
                                                                                                                                
4:46:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STORY noted  the length of time it  took to obtain                                                               
an  authorization for  a  position, as  well  as the  recruitment                                                               
process, and she  asked the bill sponsor if  he had conversations                                                               
with  different  departments about  the  effect  of the  proposed                                                               
legislation.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CARPENTER responded  that he  was confident  that                                                               
the managers put  in place - when they do  not have the positions                                                               
they think  they need but  cannot be filled  - will come  back to                                                               
the  legislature to  ask for  the ones  they actually  need.   If                                                               
there are processes that need to  be revised in the way hiring is                                                               
done, the managers  will engage in that due to  having no choice.                                                               
He stressed  that he  is not  going after  money, but  to improve                                                               
government so it is more transparent and less costly.                                                                           
                                                                                                                                
REPRESENTATIVE STORY  spoke to high  staff shortages  and vacancy                                                               
rates,  and  she reiterated  the  importance  of talking  to  the                                                               
different departments.                                                                                                          
                                                                                                                                
REPRESENTATIVE CARPENTER said that "it  is just a policy call" on                                                               
the legislature being  that it created the  departments and there                                                               
are expectations that the departments are doing the right thing.                                                                
                                                                                                                                
4:50:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CARRICK   expressed  that  she  shared   some  of                                                               
Representative Story's  concerns and  questioned the  process for                                                               
creating new positions.                                                                                                         
                                                                                                                                
REPRESENTATIVE CARPENTER responded that  positions must be funded                                                               
through the budget process and  there are allocations assigned to                                                               
each department  for positions.   He offered his belief  that the                                                               
legislature  has to  appropriate  and create  positions for  each                                                               
department.  He further expounded on  the process and time it may                                                               
take to hire people.                                                                                                            
                                                                                                                                
REPRESENTATIVE  CARRICK commented  that her  concern is  that the                                                               
fiscal year  begins but the  next day the position  is eliminated                                                               
because it was vacant, but an  applicant came forth.  She further                                                               
commented on balancing the idea  of transparency with the ability                                                               
for the  legislature to be  responsive to filling  positions when                                                               
there is an actual need for positions.                                                                                          
                                                                                                                                
REPRESENTATIVE CARPENTER  said he  agreed but  there should  be a                                                               
communication from  the organization to the  department that says                                                               
the position is needed and the  intent is to actively recruit for                                                               
it.  He  noted that all the state jobs  should be advertised, yet                                                               
they do  not match  the vacancy  for each  department; therefore,                                                               
the process  is not  working currently with  the amount  of money                                                               
being spent.                                                                                                                    
                                                                                                                                
4:55:03 PM                                                                                                                    
                                                                                                                                
KENDRA  BROUSSARD, Staff,  Representative  Ben Carpenter,  Alaska                                                               
State Legislature,  on behalf of Representative  Carpenter, prime                                                               
sponsor of  HB 397, added  that when  a department has  a request                                                               
for a  position, it goes to  the Office of Management  and Budget                                                               
(OMB).  She  further offered to research step  by step procedures                                                               
in how positions are created, and she would reach out to the                                                                    
committee with the answer.                                                                                                      
                                                                                                                                
4:55:42 PM                                                                                                                    
                                                                                                                                
CHAIR SHAW announced that HB 397 was held over.