Legislature(2023 - 2024)ADAMS 519

03/01/2023 01:30 PM House FINANCE

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Audio Topic
01:32:58 PM Start
01:34:13 PM Fy 24 Budget Overview: Department of Military and Veteran's Affairs
02:16:07 PM Fy 24 Budget Overview: Alaska Court System
02:48:37 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 39 APPROP: OPERATING BUDGET/LOANS/FUND; SUPP TELECONFERENCED
Heard & Held
+= HB 41 APPROP: MENTAL HEALTH BUDGET TELECONFERENCED
Heard & Held
+ Overviews: TELECONFERENCED
- FY 2024 Budget by Craig Christenson, Deputy
Commissioner and Bob Ernisse, Administrative
Services Director, Department of Military and
Veterans Affairs
-FY 2024 Budget by Doug Wooliver, Deputy
Administrative Director and Rhonda McLeod, Chief
Financial Officer, Alaska Court System
+ Bills Previously Heard/Scheduled TELECONFERENCED
HOUSE BILL NO. 39                                                                                                             
                                                                                                                                
     "An  Act making  appropriations for  the operating  and                                                                    
     loan  program  expenses  of state  government  and  for                                                                    
     certain   programs;    capitalizing   funds;   amending                                                                    
     appropriations;    making   reappropriations;    making                                                                    
     supplemental   appropriations;  making   appropriations                                                                    
     under art.  IX, sec.  17(c), Constitution of  the State                                                                    
     of  Alaska,  from  the  constitutional  budget  reserve                                                                    
     fund; and providing for an effective date."                                                                                
                                                                                                                                
HOUSE BILL NO. 41                                                                                                             
                                                                                                                                
     "An  Act making  appropriations for  the operating  and                                                                    
     capital    expenses   of    the   state's    integrated                                                                    
     comprehensive mental health  program; and providing for                                                                    
     an effective date."                                                                                                        
                                                                                                                                
^FY 24 BUDGET OVERVIEW: DEPARTMENT OF MILITARY AND                                                                            
VETERAN'S AFFAIRS                                                                                                             
                                                                                                                                
1:34:13 PM                                                                                                                    
                                                                                                                                
MAJOR GENERAL TORRENCE SAXE, COMMISSIONER, DEPARTMENT OF                                                                        
MILITARY AND VETERANS AFFAIRS, introduced himself.                                                                              
                                                                                                                                
GENERAL SIMON BROWN, COMMANDER OF THE STATE OF ALASKA                                                                           
DEFENSE FORCE, DEPARTMENT OF MILITARY AND VETERANS AFFAIRS,                                                                     
introduced himself.                                                                                                             
                                                                                                                                
BOB ERNISSE, ADMINISTRATIVE  SERVICE DIRECTOR, DEPARTMENT OF                                                                    
MILITARY AND VETERANS AFFAIRS, introduced himself.                                                                              
                                                                                                                                
1:34:30 PM                                                                                                                    
                                                                                                                                
Commissioner  Saxe  introduced the  PowerPoint  presentation                                                                    
"FY2024  Operating  Budget  Overview" dated  March  1,  2023                                                                    
(copy on file).  He moved to slide 2 and  explained that the                                                                    
mission of  the Department of Military  and Veterans Affairs                                                                    
(DMVA) was to protect the state and the nation.                                                                                 
                                                                                                                                
Commissioner Saxe advanced  to slide 3 which  depicted a map                                                                    
of  Alaska showing  the  locations of  the  Alaska Army  and                                                                    
National  Guard. Each  box on  the map  represented armories                                                                    
that were at capacity with  soldiers in 1995. The benefit of                                                                    
having  troops across  that state  was that  if there  was a                                                                    
natural disaster, there were already  troops in all areas of                                                                    
the state  ready to respond.  Additionally, troops  would be                                                                    
on  location and  ready to  respond if  there was  a federal                                                                    
threat.  All areas  of the  map with  a green  box were  the                                                                    
present focus for recruitment for the department.                                                                               
                                                                                                                                
1:35:14 PM                                                                                                                    
AT-EASE                                                                                                                         
                                                                                                                                
1:35:37 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Commissioner Saxe continued on slide  3 and detailed the way                                                                    
in  which the  military presence  in the  state had  changed                                                                    
over  the years.  The department  was trying  to recruit  in                                                                    
Western  Alaska in  particular but  was  recruiting in  many                                                                    
areas across the state. He  reiterated that if there were to                                                                    
be a  natural disaster  in the  present day,  the department                                                                    
would need  to transport troops  to the western area  of the                                                                    
state; years ago, troops were already present in the area.                                                                      
                                                                                                                                
Commissioner Saxe  continued to  slide 4 and  indicated that                                                                    
the  department's  largest response  to  date  off the  road                                                                    
system was called the Operation  Merbok Response [during the                                                                    
typhoon  in September  of 2022].  He  reiterated that  there                                                                    
were not many troops in the  Merbok area of the state and it                                                                    
relied  upon its  large contingent  in Nome  and in  Bethel.                                                                    
Many of the areas in which  there were troops years ago were                                                                    
presently  void of  troops.  Accessing  roughly 30  unserved                                                                    
communities was  a challenge and the  department wanted more                                                                    
troops dedicated to the communities.                                                                                            
                                                                                                                                
                                                                                                                                
Commissioner Saxe moved  to slide 5, which  included a photo                                                                    
of the  balloon that was  found flying over Alaska  and shot                                                                    
down in February  of 2023. He shared his  concern that there                                                                    
was  a  foreign object  flying  over  the state's  sovereign                                                                    
territory.  He also  posed the  question of  why the  object                                                                    
would be  a balloon rather  than a satellite. He  noted that                                                                    
the object was  also a threat to aviation and  could cause a                                                                    
catastrophic situation if it collided with a plane.                                                                             
                                                                                                                                
Commissioner  Saxe  advanced to  slide  6  which showed  the                                                                    
organizational  chart   of  the  composition  of   DMVA.  He                                                                    
indicated  that  most  state militaries  only  had  adjutant                                                                    
military, but  Alaska had many  other state  entities within                                                                    
DMVA.  He  had recently  accomplished  a  long-term goal  to                                                                    
include  a branch  of the  Civil Air  Patrol (CAP)  in DMVA.                                                                    
Additionally,  DMVA  had  administrative  control  over  the                                                                    
Alaska Aerospace Corporation.                                                                                                   
                                                                                                                                
Commissioner Saxe  indicated that Alaska was  the only state                                                                    
or  territory  within  the  nation that  had  a  larger  Air                                                                    
National Guard than an Army  National Guard. He relayed that                                                                    
the state's Air  National Guard was the  most operational in                                                                    
the entire  country and  made roughly  one rescue  per week.                                                                    
The  official state  militia was  the  Alaska State  Defense                                                                    
Force (ASDF).  If there  were ever to  be a  situation where                                                                    
the  National Guard  was federalized,  it was  possible that                                                                    
the National  Guard would relocate  to Washington  state. He                                                                    
noted that the  situation had occurred during  World War II.                                                                    
Although  it was  unlikely  to happen  again,  he wanted  to                                                                    
ensure  that there  were  troops stationed  in  the area  to                                                                    
assuage any  fears of  there being  no military  presence in                                                                    
parts of the state.                                                                                                             
                                                                                                                                
Commissioner Saxe  added that the  role of the  Alaska Naval                                                                    
Militia was  primarily to  follow state  orders, such  as to                                                                    
assist  during  natural  disasters.   He  relayed  that  the                                                                    
militia had  served during natural disasters  often over the                                                                    
last few years.                                                                                                                 
                                                                                                                                
Commissioner Saxe concluded that  some of the other entities                                                                    
within  the department  were Veteran's  Affairs, the  Alaska                                                                    
Military Youth Academy  (AMYA), Administrative Services, and                                                                    
the  Homeland  Security   and  Emergency  Management  System                                                                    
(HSEMS).  He emphasized  that the  homeland division  was an                                                                    
especially busy one.                                                                                                            
                                                                                                                                
1:40:53 PM                                                                                                                    
                                                                                                                                
Representative Josephson  understood that CAP was  an entity                                                                    
that the legislature had repeatedly  funded and the governor                                                                    
had repeatedly  vetoed. He asked  if the funding was  in the                                                                    
current year's budget.                                                                                                          
                                                                                                                                
Mr.  Ernisse responded  that  CAP  funding was  incorporated                                                                    
into the prior  year's budget and it had  continued into the                                                                    
current year's budget.                                                                                                          
                                                                                                                                
Commissioner  Saxe  added  that  CAP had  to  be  under  the                                                                    
military  because  it  was an  official  department  of  the                                                                    
United States  Air Force (USAF).  He emphasized that  it was                                                                    
important  that  DMVA  was utilizing  all  available  assets                                                                    
going forward.                                                                                                                  
                                                                                                                                
Mr.  Ernisse continued  the presentation  on slide  7, which                                                                    
showed a  high level  comparison between  FY 20  actuals and                                                                    
the  governor's  request for  FY  24.  He pointed  out  that                                                                    
unrestricted  general  funds  (UGF)  had  stayed  relatively                                                                    
consistent over the years with  a few notable exceptions. In                                                                    
FY 21,  the Alaska  Land Mobile Radio  (ALMR) communications                                                                    
system    was   transferred    from   the    Department   of                                                                    
Administration  (DOA)  over to  DMVA.  In  FY 23,  ALMR  was                                                                    
transferred again to the Department  of Public Safety (DPS),                                                                    
which was  the reason for  the spike in general  funds. Also                                                                    
in  FY  23,  there  was  an  increase  in  funding  to  help                                                                    
establish  ASDF. There  was an  additional increase  for the                                                                    
defense  force in  FY 24  that would  be apparent  in future                                                                    
slides.                                                                                                                         
                                                                                                                                
Mr.  Ernisse continued  on slide  8. The  department's first                                                                    
request  within HSEMS  included a  decrement of  $700,000 in                                                                    
federal receipt  authority. The funding originated  from the                                                                    
National Oceanic  and Atmospheric Administration  (NOAA) and                                                                    
was simply  being transferred to  the capital budget  as the                                                                    
department  viewed  it  as  a   better  fit.  Secondly,  the                                                                    
department  was  requesting  an increase  in  the  Emergency                                                                    
Management  Performance   Grant  (EMPG).  The   increase  in                                                                    
funding  was due  to  an increase  in  federal funds,  which                                                                    
required an  increase in matching  funds as well.  The final                                                                    
request  on  the slide  was  for  an increase  in  statutory                                                                    
designated program receipts in  relation to the department's                                                                    
Emergency  Management Assistance  Compact (EMAC).  He shared                                                                    
that Alaska  used to  have the  ability to  offer assistance                                                                    
when  natural disasters  occurred  in other  states, but  it                                                                    
unfortunately no  longer had the capacity  to send employees                                                                    
to help  other states.  The reason for  the change  was that                                                                    
there had been  a record number of  natural disasters within                                                                    
Alaska, which needed to be the focus of the department.                                                                         
                                                                                                                                
1:44:15 PM                                                                                                                    
                                                                                                                                
Representative Hannan asked Mr.  Ernisse to elaborate on the                                                                    
deficit  incurred by  the transfer  of NOAA  funding to  the                                                                    
capital budget. She asked what  the original project was and                                                                    
asked for details on the  anticipated effect of the $700,000                                                                    
receipt authority.                                                                                                              
                                                                                                                                
Mr. Ernisse responded  that it was a grant for  NOAA and was                                                                    
mostly   intended   for    personal   services   costs   for                                                                    
communities. He clarified that DMVA  would still execute the                                                                    
grant, but  that it  was simply  being transferred  from the                                                                    
operating budget to the capital budget.                                                                                         
                                                                                                                                
Representative Hannan  asked what the grant  was intended to                                                                    
do.                                                                                                                             
                                                                                                                                
Mr. Ernisse responded  that he did not  have the information                                                                    
with him but he would follow up in writing.                                                                                     
                                                                                                                                
Co-Chair Johnson  asked what the  match requirement  was for                                                                    
EMPG.                                                                                                                           
                                                                                                                                
Mr. Ernisse responded that the match was $3.6 million.                                                                          
                                                                                                                                
Co-Chair Johnson asked how much the federal increase was.                                                                       
                                                                                                                                
Mr.  Ernisse responded  that the  federal increase  was also                                                                    
$3.6 million.                                                                                                                   
                                                                                                                                
Mr. Ernisse continued  on slide 9. The first  request on the                                                                    
slide  was for  $105,500  for  an additional  administrative                                                                    
officer   under  the   Army  Guard   Facilities  Maintenance                                                                    
component  and  would  be funded  completely  using  federal                                                                    
dollars.   The    current   administrative    workload   was                                                                    
unsustainable with  the existing  staff. The  second request                                                                    
was for an additional  $138,000 in the Equipment Maintenance                                                                    
and  Lifecycle Refresh  component. It  would fund  a refresh                                                                    
for   computers  and   monitors   and   would  fund   annual                                                                    
maintenance  for  generators  statewide  to  ensure  ongoing                                                                    
functionality.  It   would  also  be   completely  federally                                                                    
funded.                                                                                                                         
                                                                                                                                
Representative Galvin asked if  there were best practices on                                                                    
how often computers should be replaced.                                                                                         
                                                                                                                                
Mr.  Ernisse  replied  that  he would  follow  up  with  the                                                                    
information.                                                                                                                    
                                                                                                                                
1:47:42 PM                                                                                                                    
                                                                                                                                
Mr.  Ernisse continued  on  slide 10  and  detailed the  Air                                                                    
Guard  Facilities Maintenance  component. The  first request                                                                    
on  the slide  was for  an  increase of  $50,000 in  general                                                                    
funds  for  janitorial services  at  the  Eielson Air  Force                                                                    
Base.  The  department  had  been   unable  to  establish  a                                                                    
janitorial contract with the  previously allocated amount of                                                                    
$99,000 due  to inflation and  cost of living  increases. He                                                                    
added that  the National Guard members  were currently doing                                                                    
their  own janitorial  service. The  second request  was for                                                                    
maintenance and  utilities. The National  Guard had  built a                                                                    
large hanger known as a  "nose dock" and the funding request                                                                    
was for the amount required to maintain the facility.                                                                           
                                                                                                                                
Co-Chair Johnson understood that  $99,000 had been allocated                                                                    
for janitorial services but had not been used.                                                                                  
                                                                                                                                
Mr. Ernisse responded in the  affirmative and added that the                                                                    
department  had not  been  able to  get  a contract  despite                                                                    
placing bids multiple times.                                                                                                    
                                                                                                                                
Co-Chair Johnson asked  if there was anyone who  was able to                                                                    
complete a partial contract.                                                                                                    
                                                                                                                                
Mr. Ernisse  responded in the  negative and  reiterated that                                                                    
the department had tried to find a contract multiple times.                                                                     
                                                                                                                                
Co-Chair  Johnson  asked  for confirmation  that  the  total                                                                    
amount  would  allow  the department  to  get  a  janitorial                                                                    
contract.                                                                                                                       
                                                                                                                                
Mr. Ernisse responded that the  department believed it would                                                                    
be able to get a contract with the additional funding.                                                                          
                                                                                                                                
Mr.  Ernisse  continued  on  slide  11  which  detailed  the                                                                    
requests  for  AMYA.  He relayed  that  the  department  had                                                                    
discovered that it could charge  the federal government more                                                                    
for  personal  services  costs.  As  the  match  in  federal                                                                    
authority increased,  the general fund match  would increase                                                                    
as well; however, the department  was still able to identify                                                                    
a $543,000 cost savings in general funds.                                                                                       
                                                                                                                                
Representative  Ortiz  asked for  a  brief  overview of  the                                                                    
operations  at   AMYA,  such  as  the   number  of  students                                                                    
currently attending the academy.                                                                                                
                                                                                                                                
Commissioner  Saxe  responded  that there  were  roughly  85                                                                    
students  currently  at  the academy  and  the  department's                                                                    
target  was  to have  at  least  125 students.  The  academy                                                                    
lasted around eight weeks and  the goal was for its students                                                                    
to either earn a GED, receive  a diploma, or return to their                                                                    
high school. He  was a supporter of the  academy and thought                                                                    
that it  was a lifechanging  experience. He added  that many                                                                    
students would go on to enlist into the military.                                                                               
                                                                                                                                
Representative Ortiz asked if  the students were assigned to                                                                    
the  academy due  to past  legal issues  or if  the students                                                                    
applied voluntarily.                                                                                                            
                                                                                                                                
Commissioner Saxe  responded that  enrollment in  the school                                                                    
was voluntary.  The students  came from  all over  the state                                                                    
and  a significant  portion of  the student  body came  from                                                                    
rural areas.                                                                                                                    
                                                                                                                                
1:52:24 PM                                                                                                                    
                                                                                                                                
Mr. Ernisse advanced to slide  12 and detailed the Office of                                                                    
the  Commissioner  component of  the  budget.  There was  an                                                                    
additional  request  for  the  Alaska  Distributed  Learning                                                                    
Program (ADLP),  which was a  program that  provided classes                                                                    
and additional  training to  soldiers throughout  the state.                                                                    
The   program  was   expanding,  and   the  department   was                                                                    
requesting  $75,000  in  federal  receipts  to  support  the                                                                    
expansion. The next request was  for the addition of a Human                                                                    
Resource  Consultant   1  position.  The  position   was  in                                                                    
response  to expected  increases  in personnel  issues as  a                                                                    
result of  drill statuses and  activations within  ASDF. The                                                                    
majority of  the funding would  originate from  the National                                                                    
Guard and other divisions.                                                                                                      
                                                                                                                                
Representative Stapp  asked if there  were any plans  to use                                                                    
the  Northern  Warfare Training  Center  as  an active  duty                                                                    
training facility.                                                                                                              
                                                                                                                                
Commissioner  Saxe responded  in the  affirmative and  added                                                                    
that the  department wanted to promote  all available Arctic                                                                    
training  activities.  The  department  was  considered  the                                                                    
Arctic expert because  of its location in  Alaska. He wanted                                                                    
to set an example for  other state military forces and other                                                                    
entities interested in potential  training in the Arctic. He                                                                    
emphasized the  importance of protecting  the Arctic  and of                                                                    
protecting Alaska.                                                                                                              
                                                                                                                                
Mr. Ernisse continued on slide  13. The next request was for                                                                    
about $2.1 million to establish  ASDF as a separate division                                                                    
within  DMVA.  It  would   fund  five  additional  employees                                                                    
including a position for division director.                                                                                     
                                                                                                                                
Representative Galvin  noted that part of  the funding would                                                                    
go to the purchasing of  fleet vehicles. She understood that                                                                    
the  National  Guard,  ASDF,  and   other  troops  would  be                                                                    
responsible for responding  during emergency situations. She                                                                    
asked if the  purchases listed on the slide  were a complete                                                                    
list of what ASDF would  need to be appropriately responsive                                                                    
in emergency situations.                                                                                                        
                                                                                                                                
Commissioner  Saxe responded  that  the  National Guard  and                                                                    
ASDF would  go forward as  a team. There were  certain areas                                                                    
in which the  guard could excel and other areas  in which it                                                                    
needed assistance. He  relayed that the focus  of ASDF would                                                                    
ideally be upon the areas  in Alaska without any troops. The                                                                    
goal was to transport the  troops and the equipment to rural                                                                    
areas  of  the  state  because  it  would  make  a  disaster                                                                    
response more streamlined.                                                                                                      
                                                                                                                                
1:57:02 PM                                                                                                                    
                                                                                                                                
Mr. Brown  added that  all soldiers  could ride  in National                                                                    
Guard fleet  vehicles when the vehicles  were available, but                                                                    
if  the  vehicles  were  not available,  he  would  have  to                                                                    
transport his  own troops. He  emphasized the  importance of                                                                    
having large  vehicles readily available to  respond quickly                                                                    
to a disaster. He stated  that he needed additional survival                                                                    
equipment to ensure that when  he sends a soldier to respond                                                                    
to an emergency,  the soldier would be  properly equipped to                                                                    
remain in the situation for a long period of time.                                                                              
                                                                                                                                
Representative Galvin  asked Mr.  Brown if he  was including                                                                    
airplanes in  the list of  equipment he needed  to transport                                                                    
troops to  remote areas. She  asked for more details  on the                                                                    
types of equipment of which he was speaking.                                                                                    
                                                                                                                                
Mr.  Brown   responded  that  the  military   would  not  be                                                                    
purchasing airplanes  and would purchase  commercial tickets                                                                    
for soldiers if necessary.  The requested equipment included                                                                    
off-road  vehicles and  other  wheeled  vehicles that  would                                                                    
allow troops to remain in an area for long periods of time.                                                                     
                                                                                                                                
Representative   Hannan    understood   that    there   were                                                                    
significant   barriers  preventing   ASDF  from   using  the                                                                    
National  Guard's  equipment  and armories.  She  asked  for                                                                    
information  on any  legal restrictions  that would  prevent                                                                    
the  equipment from  being shared.  She did  not think  $2.1                                                                    
million  would go  far in  rural  Alaska, particularly  when                                                                    
establishing a new division or  facility. She thought it was                                                                    
difficult  to  receive  permission  to  use  equipment  that                                                                    
belonged to the federal government.                                                                                             
                                                                                                                                
Commissioner  Saxe responded  that  it was,  "one team,  one                                                                    
fight." He  relayed that ASDF  was presently allowed  to use                                                                    
the   equipment   at    the   National   Guard's   armories,                                                                    
particularly  in  areas  of  the   state  where  a  military                                                                    
presence was lacking. There were  some more remote locations                                                                    
in the state  where ASDF was the largest force  in the area,                                                                    
such as Kodiak, where the force  had free use of the federal                                                                    
armories. He did  not think sharing equipment  was a current                                                                    
issue nor did he think it would be an issue in the future.                                                                      
                                                                                                                                
Representative  Coulombe understood  that the  request would                                                                    
strictly fund  the five  new positions. It  seemed to  be an                                                                    
elevated  attempt  to  respond to  emergencies  and  natural                                                                    
disasters  that happened  suddenly. She  asked what  the job                                                                    
duties of  the five  permanent full-time employees  would be                                                                    
when there was not an active emergency situation.                                                                               
                                                                                                                                
Mr.  Brown responded  that there  were currently  200 people                                                                    
working for ASDF and he  wanted to increase the workforce to                                                                    
500  people. The  process of  hiring  a high  number of  new                                                                    
employees would  involve intensive administrative  work such                                                                    
as  conducting  background  checks and  preparing  training.                                                                    
Volunteer    staff    were    currently    conducting    the                                                                    
administrative duties once  a month for one week  and it was                                                                    
not   reliable.  It   was  difficult   to  track   progress,                                                                    
applications, and training without  a stable staff. It would                                                                    
take a  permanent and full-time  staff to manage  the hiring                                                                    
of  300  additional  employees.  He  reiterated  that  there                                                                    
needed to be  a certain number of staff  already on location                                                                    
and ready to respond when a disaster occurred.                                                                                  
                                                                                                                                
2:02:53 PM                                                                                                                    
                                                                                                                                
Mr. Ernisse continued on slide  14, which detailed the final                                                                    
budgetary request. The defense  force was funded $400,000 in                                                                    
FY 23 and the change would  simply move the funding from the                                                                    
Office of the Commissioner to the ASDF component.                                                                               
                                                                                                                                
Co-Chair Johnson  referred to  slide 6.  She asked  how [the                                                                    
addition of  ASDF as an  independent division]  would change                                                                    
the organizational chart.                                                                                                       
                                                                                                                                
Commissioner  Saxe  responded  that   the  chart  would  not                                                                    
change.                                                                                                                         
                                                                                                                                
Co-Chair  Johnson asked  for clarification  that ASDF  would                                                                    
remain in  the same location  on the chart but  would simply                                                                    
be considered an independent division.                                                                                          
                                                                                                                                
Commissioner  Saxe responded  in the  affirmative and  added                                                                    
that ASDF  would continue to  report to Mr. Brown  who would                                                                    
then report to Commissioner Saxe himself.                                                                                       
                                                                                                                                
Representative Cronk  noted that  Fort Greely, which  was in                                                                    
his district, was  the only military base in  the state that                                                                    
was not  accessible via the  railroad. He often  saw reports                                                                    
of convoys  running off the  road. He  asked if there  was a                                                                    
way to expedite improved access to Fort Greely.                                                                                 
                                                                                                                                
Commissioner  Saxe  responded  that   in  his  opinion,  the                                                                    
mission  needed to  have redundant  access.  He was  looking                                                                    
holistically  at the  entire state  and needed  to have  the                                                                    
ability  to transport  forces to  every area  of the  state;                                                                    
therefore, the entire  state needed to be  accessible by the                                                                    
military. In addition, all of  the airfields needed to be at                                                                    
least 8,000  feet in length  [for military access]  and many                                                                    
of the  fields were currently  much shorter. He  agreed that                                                                    
the military  needed to have  access to Fort  Greely through                                                                    
every  means possible.  He assured  the  committee that  the                                                                    
department  was working  on improving  accessibility and  it                                                                    
was consulting with the  congressional delegation to present                                                                    
the  request  persuasively to  both  the  state and  federal                                                                    
governments.                                                                                                                    
                                                                                                                                
Representative  Stapp  asked  how  coordination  would  work                                                                    
between the  National Guard and  ASDF. He wondered  how ASDF                                                                    
would be integrated into the  complicated military system in                                                                    
Alaska.                                                                                                                         
                                                                                                                                
Commissioner  Saxe  responded  that all  requests  would  go                                                                    
through  a  unified  command.  If   there  was  a  disaster,                                                                    
commands  would go  through the  State Emergency  Operations                                                                    
Center  (SEOC) and  all military  assets would  be informed.                                                                    
There would not  be any entity working  separately. He added                                                                    
that  the   military  entities  in  Alaska   had  experience                                                                    
collaborating  on  situations in  the  past  and the  forces                                                                    
acted as  a unified command.  The command would  then report                                                                    
to him and he would report to the governor.                                                                                     
                                                                                                                                
Co-Chair Johnson thanked the presenters.                                                                                        
                                                                                                                                
2:08:28 PM                                                                                                                    
AT-EASE                                                                                                                         
                                                                                                                                
2:15:39 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Co-Chair Johnson  indicated that the  following presentation                                                                    
would be given by the Alaska Court System (ACS).                                                                                
                                                                                                                                
^FY 24 BUDGET OVERVIEW: ALASKA COURT SYSTEM                                                                                   
                                                                                                                                
2:16:07 PM                                                                                                                    
                                                                                                                                
DOUG WOOLIVER, DEPUTY  ADMINISTRATIVE DIRECTOR, ALASKA COURT                                                                    
SYSTEM,  introduced   the  PowerPoint   presentation  "House                                                                    
Finance  Committee;  Alaska  Court  System  Overview"  dated                                                                    
March 1, 2023 (copy on file).                                                                                                   
                                                                                                                                
Mr.  Wooliver  began  on  slide 2  and  explained  that  ACS                                                                    
existed for one  purpose: to make decisions  on legal issues                                                                    
that came  before the court.  The mission statement  as seen                                                                    
on  the slide  directed  ACS to  accomplish  its purpose  as                                                                    
expeditiously as  possible during times of  budget crises or                                                                    
pandemics.  Budget cuts  and the  COVID-19 pandemic  made it                                                                    
challenging to accomplish  the court's mission expeditiously                                                                    
and allow  for accessibility.  Courts were  sometimes closed                                                                    
in the wake  of budget cuts or  experienced decreased hours,                                                                    
which made operations more difficult.  All decisions made in                                                                    
the management of ACS were with its mission in mind.                                                                            
                                                                                                                                
Mr. Wooliver moved  to slide 3 which  showed ACS's operating                                                                    
budget  request by  funding source.  The courts  were funded                                                                    
mostly  through  the  executive  branch,  but  the  judicial                                                                    
branch and  legislative branch contributed to  the budget in                                                                    
smaller but critically important ways.                                                                                          
                                                                                                                                
Mr. Wooliver  continued on slide  4 and described  the court                                                                    
system's  various   appropriations.  The  majority   of  the                                                                    
funding went  to trail courts,  which contained the  bulk of                                                                    
ACS's employees,  judges, and  cases. The  therapeutic court                                                                    
was  a separate  appropriation within  the budget;  however,                                                                    
the  entity was  still  contained within  the trial  courts.                                                                    
Other   components  included   in  the   appropriation  were                                                                    
appellate courts and administrative costs.                                                                                      
                                                                                                                                
Mr.  Wooliver advanced  to slide  5 and  spoke on  the items                                                                    
funded by  ACS. He indicated  that the courts  mostly funded                                                                    
personal services  costs, followed by  contractual expenses,                                                                    
travel, supplies, and capital  outlay. He noted that similar                                                                    
expenses could be found within any court system.                                                                                
                                                                                                                                
Mr. Wooliver continued to slide  6 and explained that Alaska                                                                    
was unique  in that it  was a  unified court system  and did                                                                    
not  have separate  municipal or  county courts.  There were                                                                    
only about  eight other unified  systems in the  country. He                                                                    
thought that the unification of  the system led to increased                                                                    
efficiencies   and    made   administrative    duties   more                                                                    
streamlined. There  were two municipal  prosecuting offices,                                                                    
but  ACS also  worked directly  with the  Department of  Law                                                                    
(DOL)  and the  Public Defender  Agency (PDA)  on issues  of                                                                    
prosecution.                                                                                                                    
                                                                                                                                
2:20:31 PM                                                                                                                    
                                                                                                                                
Mr. Wooliver  advanced to  slide 7 to  speak on  the factors                                                                    
that impacted workloads at the  courts. As the population of                                                                    
an  area increased  or decreased,  caseloads  at the  courts                                                                    
also  increased or  decreased.  Police  and law  enforcement                                                                    
resources were also factors  that significantly impacted the                                                                    
workloads  of  the courts.  The  economy  could also  impact                                                                    
workloads.  It  was  more   difficult  to  measure  economic                                                                    
factors,  but  employed  people  generally  committed  fewer                                                                    
crimes  than   unemployed  people.  There  were   also  many                                                                    
statutory changes that impacted  workloads, such as a charge                                                                    
being dropped from a felony to a misdemeanor.                                                                                   
                                                                                                                                
Mr. Wooliver moved to slide 8  and spoke on the breakdown of                                                                    
the positions  within ACS.  He stated that  over 660  of the                                                                    
court system's  772 positions were  clerical in  nature. The                                                                    
courts  also  employed  five supreme  court  justices,  four                                                                    
court  of  appeal  judges,  45  superior  court  judges,  20                                                                    
district  court   judges,  and  38  magistrate   judges.  He                                                                    
elaborated  that  magistrate  judge  positions  ranged  from                                                                    
full-time lawyer positions in major communities to part-                                                                        
time non-lawyer positions in small and rural communities.                                                                       
                                                                                                                                
Mr. Wooliver  continued to  slide 9, which  showed a  map of                                                                    
court  locations and  employees  throughout  the state.  The                                                                    
location  with  the  most  employees  was  the  southcentral                                                                    
district  with  a  total  of  533  workers.  There  were  40                                                                    
different court locations around  the state. The larger dots                                                                    
on the map represented the  superior court locations and the                                                                    
smaller  dots  represented  the  locations  with  magistrate                                                                    
judges.                                                                                                                         
                                                                                                                                
Mr. Wooliver advanced to slide  10 and detailed the contacts                                                                    
that ACS had with Alaskans in  2022. The jury trial rate had                                                                    
recovered since  the pandemic  and was  almost back  to pre-                                                                    
pandemic numbers.  Additionally, the court system  had 6,268                                                                    
contacts  within the  Family Law  Self-Help Center  (FLSHC).                                                                    
The current  director of the  center was an expert  on self-                                                                    
help  centers and  gave speeches  throughout the  country on                                                                    
the  subject.  There  were  many   resources  on  the  FLSHC                                                                    
website, such as  forms that could help  citizens with legal                                                                    
issues,  informational  videos,  and  links  to  many  other                                                                    
resources  for  the public.  The  center  focused mainly  on                                                                    
family law matters,  but also helped with  probate cases and                                                                    
guardianship cases.  The website remained popular  and there                                                                    
were nearly 7 million visits to the website in 2022.                                                                            
                                                                                                                                
2:25:25 PM                                                                                                                    
                                                                                                                                
Mr. Wooliver moved to slide  11. The majority of trial court                                                                    
caseloads  had  not  changed dramatically  since  the  prior                                                                    
year; however,  Palmer was the  one exception.  The superior                                                                    
court in  Palmer had seen  an increase in caseloads  and was                                                                    
currently  the  busiest  court in  Alaska.  The  growth  was                                                                    
anticipated  because  the  Mat-Su  valley  was  the  fastest                                                                    
growing area  of the  state. He relayed  that the  growth in                                                                    
caseloads in  Palmer could  be almost  completely attributed                                                                    
to the increase in  involuntary mental commitment, which was                                                                    
a  type  of  probate  case.  The  Mat-Su  Regional  Hospital                                                                    
recently  opened a  facility that  could accept  involuntary                                                                    
mental commitment  cases; therefore, individuals  that would                                                                    
have previously been transferred  to a facility in Anchorage                                                                    
were now  being committed  in Palmer. Trial  court caseloads                                                                    
had  also  increased in  Anchorage,  but  cases were  rising                                                                    
almost  everywhere  across  the nation.  Rising  cases  were                                                                    
being referred to  as the "silver tsunami" due  to the aging                                                                    
baby boomer  generation. There were other  things that could                                                                    
impact  cases, as  he  had  mentioned on  slide  7, but  the                                                                    
increase in  involuntary commitments  in Palmer stood  as an                                                                    
example.                                                                                                                        
                                                                                                                                
Representative Josephson asked if  a probate case could also                                                                    
include a dispute over an individual's will.                                                                                    
                                                                                                                                
Mr.  Wooliver responded  in  the  affirmative. He  explained                                                                    
that involuntary  commitments were a subcategory  of probate                                                                    
cases. There  was a slight  increase in will  dispute cases,                                                                    
but the reason for the  significant increase in caseloads in                                                                    
Palmer was involuntary commitment cases.                                                                                        
                                                                                                                                
Co-Chair  Johnson  asked  for  details  on  the  process  of                                                                    
involuntary commitment.                                                                                                         
                                                                                                                                
Mr.  Wooliver  responded that  the  first  step would  be  a                                                                    
petition for  involuntary commitment.  He noted  that anyone                                                                    
could file a  petition, such as a friend,  family member, or                                                                    
mental  health  practitioner.  The petition  would  need  to                                                                    
allege  mental  health  issues that  brought  the  situation                                                                    
within  the  scope of  the  statute.  The court  would  then                                                                    
appoint an employee to evaluate  the situation and determine                                                                    
if there  was merit. If  the court decided there  was merit,                                                                    
it could  issue a transport  order and the  individual could                                                                    
be  involuntarily committed.  The court  would transmit  the                                                                    
order  directly to  law enforcement  along with  a transport                                                                    
order to empower  the police to transport  the individual to                                                                    
an appropriate facility.                                                                                                        
                                                                                                                                
Co-Chair Johnson  asked for  confirmation that  a commitment                                                                    
order would originate from the court.                                                                                           
                                                                                                                                
Mr. Wooliver responded in the affirmative.                                                                                      
                                                                                                                                
2:30:26 PM                                                                                                                    
                                                                                                                                
Representative   Hannan  noted   that   probate  cases   had                                                                    
increased by roughly 500 cases  since 2020. She asked if the                                                                    
cases were  all unique or  if there could be  multiple cases                                                                    
involving  one individual.  She asked  if there  had been  a                                                                    
proportionate  [probate  case]  decrease  in  the  Anchorage                                                                    
courts.                                                                                                                         
                                                                                                                                
Mr.  Wooliver responded  that it  was possible  for multiple                                                                    
petitions  to have  been filed  for one  individual. It  was                                                                    
also possible  for a petition  to be granted more  than once                                                                    
for  one   person;  however,   the  total   caseload  number                                                                    
represented individual  cases. The  probate cases  in Palmer                                                                    
would have  gone to Anchorage  prior to the building  of the                                                                    
new facility and it was  likely that the courts in Anchorage                                                                    
experienced a  decrease, but the  caseload in  Anchorage had                                                                    
still increased overall.                                                                                                        
                                                                                                                                
Representative Hannan  asked if  Title 47 holds  reported by                                                                    
the Department  of Corrections (DOC)  were reflected  in the                                                                    
increased caseload  numbers. She  asked if the  reopening of                                                                    
the Palmer Correctional  Center might have had  an impact on                                                                    
the data.                                                                                                                       
                                                                                                                                
Mr. Wooliver  responded that he was  not knowledgeable about                                                                    
the particulars. He emphasized  that every petition that was                                                                    
filed to commit an individual was included in the data.                                                                         
                                                                                                                                
Mr. Wooliver continued on slide  13, which included the list                                                                    
of the increment  requests for ACS. In order  to address the                                                                    
increase  in   cases  in  Palmer,   the  court   system  was                                                                    
requesting an  additional magistrate  judge position  and an                                                                    
additional clerk position for  Palmer's superior court. Each                                                                    
superior court  judge in Palmer was  already responsible for                                                                    
almost 700  cases each  and he predicted  that ACS  would be                                                                    
requesting  additional  superior   court  judges  in  future                                                                    
years.                                                                                                                          
                                                                                                                                
Mr.  Wooliver   continued  that  in  the   prior  year,  the                                                                    
legislature had approved an  appropriation for the expansion                                                                    
of the courthouse in Palmer,  which was a small step forward                                                                    
as  caseloads continued  to grow  in  the area.  All of  the                                                                    
other  increment requests  merely reflected  increased costs                                                                    
of  doing  business,  such  as  increased  lease  costs  and                                                                    
security  screening  costs.  He  noted that  ACS  was  in  a                                                                    
similar situation  as DMVA in  that it  was unable to  get a                                                                    
contract for  security screenings  with the funds  that were                                                                    
currently allocated.                                                                                                            
                                                                                                                                
Mr.  Wooliver added  that the  court system  was responsible                                                                    
for court appointed attorney costs  in some cases and it was                                                                    
requesting an  increase to $100  per hour from $75  per hour                                                                    
for the  contract attorneys. Lastly, the  increased cost for                                                                    
juror meals  was almost entirely  related to  increased food                                                                    
costs in Bethel.                                                                                                                
                                                                                                                                
2:36:20 PM                                                                                                                    
                                                                                                                                
Representative Josephson asked  about the security screening                                                                    
costs. He had heard that  there were some courthouses in the                                                                    
state with higher  security levels than others.  He asked if                                                                    
every  superior  court  in   the  state  was  satisfactorily                                                                    
secured.                                                                                                                        
                                                                                                                                
Mr.  Wooliver responded  that security  levels still  varied                                                                    
greatly. Courts with  only one judge, such  as Kotzebue, did                                                                    
not  employ  the  same  level   of  security  as  courts  in                                                                    
Anchorage.                                                                                                                      
                                                                                                                                
Representative Josephson asked why there was a distinction.                                                                     
                                                                                                                                
Mr. Wooliver  responded that  there were  a few  reasons for                                                                    
the  differing  levels  of   security.  The  difference  was                                                                    
partially due  to the amount  of traffic experienced  by the                                                                    
courts  in smaller  communities. When  higher profile  cases                                                                    
were brought  to courts in  smaller communities,  there were                                                                    
portable security  screeners that  could be utilized  by the                                                                    
courts. Due  to the low  traffic and small number  of cases,                                                                    
ACS had not prioritized security in the smaller courts.                                                                         
                                                                                                                                
Mr. Wooliver continued  on slide 14, which  contained a list                                                                    
of  non-UGF budget  requests. He  relayed that  there was  a                                                                    
federal  program with  a formula  that  determined how  much                                                                    
funding a court received depending  upon the number of cases                                                                    
related  to  children  in  need of  aid.  According  to  the                                                                    
formula, Alaska  was entitled to  about $450,000  in federal                                                                    
child  support  interagency   receipts.  The  request  would                                                                    
simply allow the  state to receive the  federal money. There                                                                    
was  an additional  request for  $304,700  in federal  grant                                                                    
receipt  authority   which  would   help  establish   a  new                                                                    
veteran's court in Fairbanks. An  additional request was for                                                                    
$304,400  for  the  Alaska  Mental  Health  Trust  Authority                                                                    
(AMHTA),  which  would  allow the  state  the  authority  to                                                                    
receive  the   funding.  Finally,   there  was   a  $250,000                                                                    
decrement in non-federal grant  authority. He explained that                                                                    
ACS  had requested  additional funding  several years  prior                                                                    
intended for  a grant related  to the Families  with Infants                                                                    
and  Toddlers  Court (FITC),  but  it  did not  receive  the                                                                    
grant.                                                                                                                          
                                                                                                                                
Co-Chair  Johnson  asked  if   the  court  system  had  ever                                                                    
received the grant in the past.                                                                                                 
                                                                                                                                
Mr.  Wooliver  responded  that ACS  used  to  receive  grant                                                                    
funding  for FITC  from the  Mat-Su  Health Foundation.  The                                                                    
grant that  ACS did  not receive was  also sourced  from the                                                                    
foundation, but it did not come to fruition.                                                                                    
                                                                                                                                
2:40:30 PM                                                                                                                    
                                                                                                                                
Representative Coulombe  understood that the budget  for the                                                                    
therapeutic courts  totaled around  $7.8 million.  She asked                                                                    
if the $304,000 in federal  grant receipt authority all went                                                                    
to therapeutic courts or if the money had other purposes.                                                                       
                                                                                                                                
Mr. Wooliver  responded that all  of the money  was intended                                                                    
for the therapeutic courts.                                                                                                     
                                                                                                                                
Representative Coulombe  asked for a short  description of a                                                                    
therapeutic court.                                                                                                              
                                                                                                                                
Mr. Wooliver  continued on slide 15  to describe therapeutic                                                                    
courts.  He relayed  that Alaska  had been  a leader  in the                                                                    
development of therapeutic courts.  In 1998, Anchorage judge                                                                    
Stephanie  Rhoades created  one of  the first  mental health                                                                    
courts in the country. In  1999, another judge in Anchorage,                                                                    
James Wannamaker,  created one of  the first DWI  courts. In                                                                    
2004,  Anchorage judge  Jack  Smith  created Alaska's  first                                                                    
veteran's court.  He thought the programs  were terrific but                                                                    
required a high level of management.                                                                                            
                                                                                                                                
Mr.  Wooliver  continued  that prior  to  2011,  there  were                                                                    
separate   therapeutic   court  appropriations   for   legal                                                                    
services  for  DOL,  PDA, and  the  Division  of  Behavioral                                                                    
Health (DBH).  In 2011, Representative Mike  Hawker, who was                                                                    
Co-Chair  of  the  House  Finance  Committee  at  the  time,                                                                    
decided to combine the appropriations  under one umbrella in                                                                    
order to better track the ways  in which the money was being                                                                    
spent. The entirety of the  funding now flowed through ACS's                                                                    
budget and  could not  be used to  fund anything  other than                                                                    
therapeutic court  expenses. He explained that  $1.8 million                                                                    
of the  funding was  spent within the  court system  and the                                                                    
remainder  of the  roughly $8  million  was appropriated  to                                                                    
other entities  such as  DBH. The  divisions would  bill the                                                                    
court system  and were all  paid through  the appropriation.                                                                    
He  thought it  had been  helpful to  better understand  and                                                                    
track the expenses.                                                                                                             
                                                                                                                                
Representative Josephson  asked what  the FY  23 therapeutic                                                                    
court budget would be.                                                                                                          
                                                                                                                                
Mr. Wooliver deferred to his colleague.                                                                                         
                                                                                                                                
2:44:04 PM                                                                                                                    
                                                                                                                                
RHONDA  MCLEOD,   CHIEF  FINANCIAL  OFFICER,   ALASKA  COURT                                                                    
SYSTEM, ANCHORAGE  (via teleconference), responded  that the                                                                    
court system's  FY 23 authorized  budget was just shy  of $7                                                                    
million.                                                                                                                        
                                                                                                                                
Mr.  Wooliver concluded  his presentation  and made  himself                                                                    
available for questions.                                                                                                        
                                                                                                                                
Representative Stapp  asked what the court  system's vacancy                                                                    
rate was  and how the  vacancies were impacting  the court's                                                                    
backlog.                                                                                                                        
                                                                                                                                
Mr. Wooliver  responded that the  official vacancy  rate was                                                                    
intended to be 7 percent.  The rate was currently just under                                                                    
11  percent and  there  were presently  65 vacant  positions                                                                    
throughout  the court  system, but  the  situation had  been                                                                    
improving.  A  year prior,  there  were  39 vacant  superior                                                                    
court  trial staff  positions and  there  were currently  17                                                                    
vacant positions. The  raise ACS received in  the prior year                                                                    
had  reduced the  length  of  time it  took  to recruit  new                                                                    
employees from 84 days to 51 days.                                                                                              
                                                                                                                                
Representative  Stapp presumed  that  many  court staff  had                                                                    
reported several  overtime hours  to manage the  backlog. He                                                                    
asked  if overtime  payroll expenses  were reflected  in the                                                                    
budget.                                                                                                                         
                                                                                                                                
Mr.  Wooliver responded  that there  was almost  no overtime                                                                    
incurred  in the  court system.  An employee  would need  to                                                                    
receive  permission  from  the  administrative  director  in                                                                    
order to  work overtime.  The overtime  costs for  the prior                                                                    
year  were  in  the  $20,000  range,  which  were  typically                                                                    
incurred  due  to judges  and  clerical  staff traveling  to                                                                    
another location to cover a trial.                                                                                              
                                                                                                                                
Co-Chair  Johnson  reviewed  the agenda  for  the  following                                                                    
day's meeting.                                                                                                                  
                                                                                                                                
HB 39 was HEARD and HELD in committee for further                                                                               
consideration.                                                                                                                  
                                                                                                                                
HB 41 was HEARD and HELD in committee for further                                                                               
consideration.                                                                                                                  
                                                                                                                                

Document Name Date/Time Subjects
FY24 Alaska Court System Budget Overview HFIN March 1 2023.pdf HFIN 3/1/2023 1:30:00 PM
HB 39
FY24 DMVA Operating Budget Overview HFC 030123 v1.pdf HFIN 3/1/2023 1:30:00 PM
HB 39