Legislature(2009 - 2010)BELTZ 105 (TSBldg)
02/11/2010 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB244 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 244 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 244-GOVERNOR'S DUTY STATION/TRAVEL ALLOWANCES
9:01:49 AM
CHAIR MENARD announced SB 244 to be up for consideration.
SENATOR STEDMAN, co-sponsor of SB 244, said SB 244 codifies in
statute that Juneau is officially considered the governor's duty
station. Currently, no provisions in statute require the
governor to reside in the capitol city or occupy the governor's
mansion. SB 244 does not try to restrict the selection of a
governor from Juneau, nor does SB 244 change the governor's
ability to maintain a legal residence of his or her choosing
elsewhere in the state. SB 244 would subject the governor to
state personnel laws related to the calculation of the payment
of travel allowance. SB 244 will not change the existing
policies of the current governor but will set the policy for
future governors to make Juneau their duty station. He pointed
out that the current policy of the current governor is exactly
what SB 244 is trying to put in statute.
9:04:18 AM
SENATOR MEYER said SB 244 makes sense and asked if it pertains
to the lieutenant governor.
SENATOR STEDMAN replied that SB 244 targets the governor.
9:05:25 AM
CHAIR MENARD opened public testimony.
SENATOR FRENCH asked if the phrase "duty station" is defined in
state law.
DARWIN PETERSON, staff to Senator Stedman, replied that "duty
station" is defined in the administrative manual dealing with
travel. He read the definition:
The duty station of the traveler includes the city,
town or village within 50 miles of where the traveler
spends the major portion of their working time, or the
place to which the traveler returns to duty on
completion of special assignments. On a case by case
basis, commissioners may identify a radius or
commuting area that is broader than 50 miles within
which per diem will not be allowed for travel within
one calendar day.
SENATOR FRENCH asked if the Legislature has a duty station.
MR. PETERSON replied no and said there is not a statutory
requirement that legislators be in Juneau during the session.
However, he explained that if there was a call on the house law
enforcement would be sent to find the legislator and bring him
or her in.
9:07:27 AM
CHAIR MENARD asked if any pushback has come from the
Administration.
MR. PETERSON replied no and that Kevin Brooks was present to
represent the Administration.
KEVIN BROOKS, Deputy Commissioner, Department of Administration,
said he had not heard any feedback one way or another. He said
he and Kim Garnero, Director of Finance for the Department of
Administration, are the authors of the Administration manual.
They do quarterly updates interacting with other state agencies
about how the state government is going to operate.
SENATOR FRENCH said the idea of SB 244 clearly seems to be to
prevent the governor from collecting per diem while away from
the mansion and living in a personal home. He asked if expenses
would be paid for travel from where the governor lived and where
the mansion is located.
9:09:44 AM
MR. BROOKS responded that SB 244 reads "the governor is not
entitled to, and may not claim as a travel allowance, a lodging
allowance…" He said the state has never paid a lodging
allowance and only would do so upon presentation of an invoice.
He explained this is the same for any state employee who travels
- upon return, invoices for lodging are reimbursed. He said SB
244 gets at meals and incidentals and points out the distinction
between 'per diem' and 'meals and incidentals.' He said that the
governors' business travel is reimbursed with state funds.
SENATOR FRENCH said Section 2 (b) (2) of SB 244 gives direction
to whoever makes out the governor's paycheck.
MR. BROOKS agreed.
SENATOR FRENCH asked the difference between a travel allowance
and a per diem allowance and when each is allowed or not
allowed.
MR. BROOKS said the state used to pay a per diem to cover costs.
Over the last decade or so, the state has gone toward a
"reimbursement of expenditure' approach to travel. For example,
a state worker is reimbursed for a car, a hotel, air fare or
conference fees. Similar to the federal government and other
states, the state of Alaska currently pays $60 per day for meals
and incidentals which is meant to cover three meals, tips, dry
cleaning, etc. Meals and incidentals are based on the days the
state employee is in travel status and receipts do not need to
be submitted.
9:12:58 AM
SENATOR FRENCH said the statute in [SB 244] does not seem to
change the Department of Administration's practice.
MR. BROOKS said that is correct.
CHAIR MENARD asked when mileage is paid.
MR. BROOKS said a mileage reimbursement claim can be submitted.
He did not know the amount but said it is tied to what the
federal government reimburses and is adjusted annually.
SENATOR PASKVAN asked if a per diem is paid if a governor is
away from Juneau, as a duty station.
MR. BROOKS replied that $60 per day would be paid if the
governor were away from the residence in Juneau.
SENATOR PASKVAN clarified that would include the governor living
in his or her personal residence.
MR. BROOKS replied that has been the practice and was the
subject of some controversy over the past couple of years. He
explained that the concept behind that policy is that if a
person is traveling away from his or her duty station to another
place, and has a residence available, "you still have to eat."
He said the cupboards and refrigerator may not be stocked. He
explained that when a person is in travel status lodging and the
costs for the day's food are differentiated.
9:15:38 AM
CHAIR MENARD asked if Mr. Brooks understood that SB 244 has been
brought forward to change the following example: a governor
lives in Juneau as a duty station but lives in a personal home
in Anchorage during the interim and charges per diem back to the
state.
MR. BROOKS said SB 244 does not change that practice. He said in
the example Chair Menard just described, the state would still
pay $60 per day to someone in travel status away from the
governor's mansion in Juneau.
SENATOR FRENCH asked if the payment was automatic or if the
governor must submit something for reimbursement.
MR. BROOKS clarified that everything is subject to a claim for
reimbursement by the individual.
SENATOR FRENCH said "there is a little bit of let your
conscience be your guide." He said he is not sure a state
employee should be paid $60 per day while he or she is home in
their own kitchen cooking dinner. He said if one is stationed
in Juneau but is in his home in Anchorage for a week on
business, his salary should cover normal expenses. He felt that
person elected to have two homes. He suggested this topic may be
something to "kick around for a day or two" to see if a
different approach would be appropriate.
SENATOR MEYER said he does not disagree with Senator French but
pointed out that if that state employee was going to Anchorage
to do state business and stayed in a hotel, the state would pay
for the hotel.
MR. BROOK said the person could stay at a hotel, paid for by the
state, plus a meal allowance. He said this policy recognizes the
employee might have some incremental costs and will receive $60
a day, but the hotel cost is avoided.
9:18:12 AM
SENATOR MEYER said in some ways the current practice saves the
state money. If that person stays in his or her personal
residence the cost of the hotel is saved.
MR. BROOKS agreed that Senator Meyer's statement was accurate
and was considered when the rule was established.
SENATOR PASKVAN said SB 244 applies to one executive office and
felt it to be understood that the governor has a residence in
Juneau, provided by the citizens, and a residence somewhere else
in the state. He asked why the governor would stay in a hotel in
Anchorage, if he or she is a resident of Anchorage, just to run
up the bill.
MR. BROOKS said that is the other side of the discussion and he
has not seen anyone trying to run up the bill. He said the rules
work well 99.9 percent of the time. He said the Department of
Administration administers travel regulations for 15 state
departments, including the governor's office. He pointed out
that the governor's administrative staff arranges all travel for
the governor. He said the rules are meant to minimize cost and
encourage responsible travel by all state employees.
9:21:08 AM
SENATOR PASKVAN said the $60 per day for meals and incidentals
is the issue. He said the question is should the governor be
allowed to charge the state $60 a day when sleeping in their
personal home, away from the duty station of the office they
volunteered to run for.
MR. BROOKS said he thought that was an accurate description.
SENATOR MEYER said the governor lives in Juneau for four years.
If the governor flies back to a personal residence, he or she
might not have any food in the house and will need to buy
groceries or go to a restaurant. He thought the $60 was
legitimate. He also thought the assumption should not be made
that a governor's house would be available; for example, it
could be rented.
MR. BROOKS said a distinction is made between a person having a
private residence and it being available to him or her. He
pointed out that the cost of the food per day is still the
issue. He said part of living in the governor's mansion in
Juneau is that food is shopped for and prepared. None of that is
provided during travel, so the question is what is fair.
9:24:15 AM
CHAIR MENARD pointed out that the governor has an office in the
Atwood Building in Anchorage where, as the largest city, a lot
goes on. The governor can't constantly be in Juneau. She said
the struggle is coming up with a fair and reasonable approach
and deciding if SB 244 is a fair and reasonable bill.
SENATOR PASKVAN asked if establishing a duty station [for the
governor] is of any benefit to the state.
MR. BROOKS replied that every state position has a Position
Control Number (PCN). Retirement and Benefits (RNB) has a
process to change a duty station for a position. SB 244 does not
conflict with the system of every position having an assigned
duty station.
CHAIR MENARD asked if Mr. Brooks was saying that the governor
does not have a duty station.
MR. BROOKS answered that the governor's duty station is not as
"spelled out."
SENATOR PASKVAN asked if the governor is allowed to elect his or
her duty station or is it assigned. Could a governor elect to
live in Barrow, for instance, or anywhere in Alaska other than
Juneau.
MR. BROOKS replied that the capitol is Juneau and the residence
is in Juneau. He said nothing is written that states that the
governor's duty station is in Juneau. SB 244 spells that out.
SENATOR MEYER said he that SB 244 clearly sets the governor's
duty station as Juneau but does not affect anything else. He
felt it was good to have that flexibility in place.
SENATOR FRENCH said SB 244 goes to Judiciary next so he can mull
it over.
SENATOR MEYER moved to report SB 244 from committee with
individual recommendations and attached fiscal note(s). There
being no objection, the motion carried.
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