Legislature(2023 - 2024)GRUENBERG 120
03/12/2024 03:00 PM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB103 | |
| SB12 | |
| HJR18 | |
| SB95 | |
| HB190 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 12 | TELECONFERENCED | |
| += | HJR 18 | TELECONFERENCED | |
| += | SB 95 | TELECONFERENCED | |
| + | HB 190 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 103 | TELECONFERENCED | |
HB 190-ALASKA SUNSET COMMISSION
4:22:19 PM
CHAIR SHAW announced that the final only order of business would
be HOUSE BILL NO. 190, "An Act establishing a violation for
hindering the Alaska Sunset Commission; relating to the duties
of the legislature; establishing the Alaska Sunset Commission to
review and make recommendations on discontinuation of or changes
to state entities; relating to the powers and duties of the
Alaska Sunset Commission; and providing for an effective date."
[Before the committee was CSHB 190(W&M).]
4:22:36 PM
REPRESENTATIVE BEN CARPENTER, as prime sponsor, presented HB 190
He paraphrased a sponsor statement [included in the committee
packet] for CSHB 190 (W&M), which read as follows [original
punctuation provided]:
Alaska spends twice as much as other states on
government. There is not enough time or information
available to utilize the annual budget process to
ensure efficient spending, effective service delivery
and continual process improvement in state agencies.
The Executive Budget Act requires the Governor and his
agencies to use performance and financial data in its
budgeting process and to provide such information to
the legislature for its budget deliberations.
Nonetheless, the Executive Budget Act is not being
followed by the executive or the legislature as it
should. Data provided by executive departments is
insufficient for program evaluation, planning and
budgeting.
In addition, for the past ten years, the State Auditor
has produced performance review audits of state
agencies. Again, these resources are not being
utilized by state agencies or the legislature, and the
statute is sunsetting.
HB 190 aims to both provide usable data and impose
recourse into the review process. Adding an extensive
third-party review, and the real risk that an entity
of government will be eliminated by law, may be the
external disruption necessary to lead to leaner
government.
HB 190 "The Alaska Sunset Commission Act" will help
ensure adherence to performance requirements and
process improvement in the operation of our state
government. The bill establishes the Alaska Sunset
Commission under the Lieutenant Governor as an
independent and objective group charged with reviewing
each department by division in the state on a rotating
schedule.
The Commission will be comprised of seven individuals
from the private sector with financial, budget
analysis, accounting, operations management, and other
areas of expertise who will be appointed by the
governor (3), speaker of the house (2) and president
of the senate (2). Commissioners will have staggered
terms of five years, choose a chair, and will serve
without compensation but commissioners will be
entitled to per diem and travel expenses authorized
for boards and commissions. The Commission may employ
staff and hire consultants as it determines necessary
to perform its duties.
Duties of the commission will be to determine whether
there is a public need for the continuation of the
entity and to make a recommendation to the legislature
to continue, discontinue, restructure, or transfer the
duties and programs of the entity to another entity.
The Commission will review the entities of one
department each year that will include adherence to
financial and performance requirements under the
Executive Budget Act, utilization of process
improvement, efficiency of operations, overlap with
other state entities, and the extent to which the
entity is making it difficult to do business in
Alaska.
The Commission will submit a report to the Governor
and Legislature within the first 10 days of
legislative session that includes a recommendation to
continue, discontinue, restructure, or transfer duties
to another entity.
Along with the submission of the report to the
legislature, the Commission will provide any
recommended statutory changes necessary to accomplish
the recommendations in the report to the Rules
Committees with requests to introduce the legislation.
If the legislature does not act on the Commission's
report, the entity subject of the report will be
sunset at the conclusion of the following fiscal year.
4:27:35 PM
KENDRA BROUSSARD, Staff, Representative Ben Carpenter, Alaska
State Legislature, on behalf of Representative Carpenter, prime
sponsor, provided a sectional analysis for CSHB 190 (W&M)
[included in the committee packet], which read as follows
[original punctuation provided]:
Sections 1-5:
Amends the State Personnel Act to include the Alaska
Sunset Commission.
Section 1
Allows persons who hinder the work of the Alaska
Sunset Commission to be fined like those who may
hinder the work of the Legislative Audit and Budget
Committee.
Section 2
A person who has been convicted under Section 1 of
this Act cannot be appointed to state service unless a
waiver is granted by the commissioner of
administration.
Section 3
Makes public information that a state employee has
been dismissed or disciplined for a violation of
interference or failure to cooperate with the Alaska
Sunset Commission.
Section 4
Allows a state employee to be disciplined or dismissed
for failure to give full cooperation to the Alaska
Sunset Commission.
Section 5
Makes interference or failure to cooperate with the
Alaska Sunset Commission a matter of public concern.
Section 6
Amends the Public Record Disclosure Act to add the
Alaska Sunset Commission to the definition of "public
agency."
Section 7
Adds a new section of law to establish the Alaska
Sunset Commission under the Lieutenant Governor. The
Commission consists of seven public members appointed
by the Governor (3), Speaker (2), and Senate President
(2) for staggered five-year terms. Establishes the
qualifications of appointed members, selection of a
chair, and allows the Commission to employ staff and
hire consultants. Commissioners will receive per diem
and travel expenses.
Provides the powers and duties of the Commission,
including reviewing the activities of each state
entity subject to Commission review state entities and
make recommendations to the legislature.
Prior to the Commission's review of an entity each
state entity shall provide to the legislature a report
of the entity's evaluation of its adherence to the
criteria for the Commission's review under this Act.
Provides for a schedule of entities to be reviewed.
The entities are each of the entities of a one state
agency or the University of Alaska each year from 2024
through 2035.
Provides the criteria for review, including the
adherence to performance requirements set under the
Executive Budget Act, alternative methods for delivery
of services, organizational processes, efficiency with
which the entity operates, reorganization potential,
and the extent to which statutory changes are
necessary for the entity to meet the desired
improvements.
Requires the Commission to hold public hearings and
except public testimony.
Requires a report by the Commission following each
review of a state entity with a recommendation to the
legislature to continue, discontinue, restructure, or
transfer the duties and programs of the entity and a
recommendation on a winding-down period for the entity
to conclude its business or provide for a
restructuring plan. The commission shall include in
the report draft legislation to implement the
recommendations of the Commission with a request to
the rules committees to submit the legislation for
introduction.
Provides that if the recommendations of the Commission
are not implemented by law, the entity subject to
review will be sunset on June 30 of the fiscal year
following the review.
Provides definitions.
Section 8
Repeals statutes governing the disposition of
entities, statutes related to sunsetting performance
reviews.
Section 9
Repeals Performance Review State Law 2013 that is set
to sunset July 1, 2023.
Section 10
Makes Section 9 of this Act immediately effective
4:31:56 PM
MS. BROUSSARD provided a PowerPoint presentation, titled "HB 190
Alaska Sunset Commission," [hard copy included in committee
packet]. She read through the presentation starting on slides
2-3, titled "How the Alaska Sunset Commission Will Work," which
read as follows [original punctuation provided]:
The Sunset shines a light on state agencies and
programs to see if they are still relevant in a
changing world. If the answer is yes, the Sunset
recommends improvements to make them more effective
and efficient. If the answer is no, the sunset
recommends abolishing the agency or transferring its
functions to another agency with related functions
The Commission would be administratively housed under
the Lt. Governor. Commissioners will be appointed by
the Governor, Speaker, and Senate President.
The Commission shall be proficient in financial
management, business operations, budgeting economics,
process improvement or government efficiency.
The Commission may hire staff and consultants with
similar proficiencies to conduct a review of each
entity of a Department
HB 190 would Require the Commission to hold public
hearings; at least one on the road system for each
entity reviewed.
The Commission drafts legislation that must be acted
upon or the entity will sunset
4:33:09 PM
MS. BROUSSARD continued with slides 4-5, titled "How the Alaska
Sunset Works," which read as follows [original punctuation
provided]:
•Sunset Staff Evaluation
o Each year, the Commission will review one state
department and each of its entities: divisions and
corporations. Sunset staff will perform extensive
research and analysis to evaluate the need for,
performance for, and improvements to the entity under
review.
• Sunset Commission Staff
o Reviews the agency's self-evaluation report
o Receives input from interested parties
o Evaluates entity and identifies problems
o Develops recommendations
o Publishes staff reports
• Sunset Commission Deliberation
o The Sunset Commission conducts a public hearing
to take testimony on the staff report and the agency
overall. The Sunset Commission conducts a second
meeting to vote on which changes to recommend to the
Legislature.
• Public Hearings
o Sunset staff presents its reports and
recommendations o The agency presents its response
o The Sunset Commission will hear public
testimony and receive written comments
o The Sunset Commission will meet again to
consider and vote on recommendations
o Public Input is published on the website
o The Sunset bills will go through the normal
legislative process
• Legislative Action o The Sunset bill on an entity is
drafted and submitted through the Rules Committee
o The Legislature will consider the Sunset
Commission's recommendations and make its final
decisions
o The Senate and the House conduct committee
hearings and debate/Amend the bill o Bill passes or
fails adoption
o If the Legislature fails to adopt or act on a
bill, the entity sunsets at the end of the following
fiscal year.
4:34:51 PM
MS. BROUSSARD moved to slide 6, titled "HB 190 is Modeled After
The Texas Sunset Commission," which read as follows [original
punctuation provided]:
The sunset process is a key legislative oversight tool
that significantly streamlined and improved Texas
government since it was created by the Texas
Legislature in 1977. Sunset promotes a culture of
continuous improvement in state government by
providing objective, nonpartisan public forum for
evaluating the need for state agencies and their
effectiveness, efficiency, and responsiveness to the
public.
4:35:27 PM
REPRESENTATIVE CARPENTER made note that the Sunset Commission is
not new and has been functioning in Texas since 1977.
4:35:35 PM
MS. BROUSSARD moved to slide 7, titled "Texas Sunset During the
88th Legislature," which read as follows [original punctuation
provided]:
The Sunset Commission reviewed 21 entities for the
88th Legislative Session in Texas, resulting in 235
recommendations to streamline state government while
enhancing services to our citizens. Generally, the
recommendations eliminate unnecessary regulations, and
improve accountability, align agencies' procedures
with best practices, and strengthen effective delivery
of services to Texans.
4:36:06 PM
MS. BROUSSARD moved to slide 8, titled "Impact of Sunset
Reviews," which read as follows [original punctuation provided]:
The Texas Sunset process has led to major policy
changes in almost every area of state government.
Sunset recommendations also have eliminated
duplication among agencies and programs, increased
public participation, helped with government
accountability, and improved the quality and
efficiency of government services.
4:36:27 PM
MS. BROUSSARD read slide 9, titled "Sunset's Impact Since 1977,"
which read as follows [original punctuation provided]:
Streamlining Texas Government
•42 entities and programs have been abolished
•52 entities and programs have been abolished and
transferred or consolidated
Saving Taxpayer money
•$1 billion in state and federal savings and revenue
gains
•Return of $18 for every $1 appropriated to the Sunset
Commission since 1985
Providing Effective Oversight
•570 reviews of state agencies and programs conducted
•80 percent of Sunset recommendations to the
Legislature have become state law since 2001
4:37:12 PM
REPRESENTATIVE CARPENTER made note that slide 9 encompasses
significant change over many decades in Texas which still has a
functioning government despite the many efficiency changes.
4:37:30 PM
MS. BROUSSARD described slide 10, titled "State of Alaska
Department Entities," which read as follows [original
punctuation provided]:
- Department of Administration - 15
- Department of Commerce, Community and Economic
Development - 18
- Department of Corrections - 4
- Department of Education and Early Development - 5
- Department of Environmental Conservation - 5
- Department of Family and Community Services - 7
- Department of Fish and Game - 10
- Department of Health - 8
- Department of Labor and Workforce Development - 11
- Department of Law - 8
- Department of Military and Veterans Affairs - 12
- Department of Natural Resources - 13
- Department of Public Safety - 14
- Department of Revenue - 16
- Department of Transportation and Public Facilities -
31
- University of Alaska - 3
Total amount of Entities = 180
4:37:43 PM
REPRESENTATIVE CARPENTER noted that the 180 entities are not
just departments, but subunits of each department.
4:37:57 PM
MS. BROUSSARD directed the committee's attention to slide 11,
titled "Helpful Links," which read as follows [original
punctuation provided]:
Texas Sunset Advisory Commission
https://www.sunset.texas.gov/
The State of Alaska Agency Directory
https://www.alaska.gov/akdir1.html
4:38:13 PM
REPRESENTATIVE STORY asked how current audits fit into this
process and whether the sunset commission would replace state
audits.
REPRESENTATIVE CARPENTER answered that the Sunset Commission is
not meant to replace state audits. He explained that state
audits provide recommendations to the legislature and the
legislature is not required to act upon those recommendations.
The Sunset Commission would be an entity housed below the
lieutenant governor who is currently responsible for regulatory
review. He said that the Sunset Commission would be
complementary to a state audit, not a replacement.
REPRESENTATIVE STORY asked about penalties for not cooperating
with the commission.
4:40:40 PM
DONNA ARDUIN, Staff, Representative Ben Carpenter, Alaska State
Legislature, on behalf of Representative Carpenter, prime
sponsor, answered that required cooperation of state staff to
the legislative auditor is mirrored in the bill language of the
Sunset Commission.
4:41:11 PM
REPRESENTATIVE CARRICK asked if the legislature is not able to
act on all the recommendations of the commission, whether the
intent of the legislation would be to sunset various agencies.
REPRESENTATIVE CARPENTER answered that the language in the bill
is "substantially comply with", and therefore there would be a
judgement call as to how many if not all then some components
are taken up.
MS. ARDUIN added that the legislation requires a report on each
entity. If legislation is not acted upon, process improvements
and reorganization may occur. If the audits are not acted upon,
an entity may sunset the following year.
REPRESENTATIVE CARRICK asked what would happen if the Sunset
Commission found government entity inefficiency due to a lack of
resources.
REPRESENTATIVE CARPENTER responded that if inefficiencies were
found in an entity due to a lack of adequate resources and
funding, then the Sunset Commission would make a recommendation
to the legislature to increase funding to alleviate the
inefficiencies.
REPRESENTATIVE CARRICK asked what would occur if the legislature
received a recommendation from the Sunset Commission to increase
funding and did not do so.
REPRESENTATIVE CARPENTER answered that if a recommendation from
the sunset commission was not followed, the entity would sunset.
This forces the legislature to look closely at inefficiencies in
the government and may choose to partially increase funding to
prevent sunsetting of essential services. The legislation is
not intended to reduce the authority of the legislature.
4:46:12 PM
MS. ARDUIN added that the Sunset Commission would be required to
submit a report on the evaluated entities, not legislation. She
said the commission is not designed to sunset an entity if a
recommendation is ignored.
4:47:09 PM
CHAIR SHAW referred to slide 10, and asked if there is a reason
the Sunset Commission does not include the governor's office,
lieutenant governor's office, or the legislature in the list of
department entities.
MS. ARDUIN responded that there is a separation of powers issue
with review in the governor's office.
REPRESENTATIVE CARPENTER said he would be supportive of a
friendly amendment to include the legislature in the list of
entities.
CHAIR SHAW thanked Representative Carpenter.
4:48:15 PM
REPRESENTATIVE C. JOHNSON asked how Texas dealt with collective
bargaining.
REPRESENTATIVE CARPENTER offered to do some research and follow
up later.
REPRESENTATIVE C. JOHNSON commented that the Sunset Commission
could "turn political very fast." He asked if safeguards have
been considered to ensure that members of the Sunset Commission
are consistent.
4:49:52 PM
REPRESENTATIVE CARPENTER answered that as the bill is currently
drafted, there are 5-year terms for appointed commissioners. He
explained the division of appointments between the House,
Senate, and the executive branch.
REPRESENTATIVE C. JOHNSON reiterated his concern that appointing
commissioners could be political.
REPRESENTATIVE CARPENTER ensured that since the Sunset
Commission was enacted in Texas in 1977 there have likely been
political arguments, yet the state government continues to
function.
4:51:26 PM
REPRESENTATIVE STORY asked about the University of Alaska and
how the University of Texas has been impacted by the Sunset
commission. She discussed accreditation.
REPRESENTATIVE CARPENTER answered that there have been case
studies and referred to links provided in the presentation. He
offered to do research and follow up later.
4:52:37 PM
CHAIR SHAW opened public testimony on HB 190. After
ascertaining that no one wished to testify, he closed public
testimony.
4:52:55 PM
CHAIR SHAW announced that HB 190 would be held over.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 12 Amendment 1 HSTA.pdf |
HSTA 3/12/2024 3:00:00 PM |
SB 12 |
| CS HJR 18 HSTA.pdf |
HSTA 3/12/2024 3:00:00 PM |
HJR 18 |
| CS for HB 190 Summary of Changes.pdf |
HSTA 3/12/2024 3:00:00 PM |
HB 190 |
| HB 190 - Sponsor Statement.pdf |
HSTA 3/12/2024 3:00:00 PM HSTA 4/9/2024 3:00:00 PM |
HB 190 |
| HB 190 House State Affairs Bill Hearing Request.pdf |
HSTA 3/12/2024 3:00:00 PM |
|
| HB0190B.pdf |
HSTA 3/12/2024 3:00:00 PM HSTA 4/2/2024 3:00:00 PM |
HB 190 |
| List of Divisions and Corporations Under Each Department (for presentation).pdf |
HSTA 3/12/2024 3:00:00 PM HSTA 4/2/2024 3:00:00 PM |
|
| CSHB 190 Sectional Analysis Version B.pdf |
HSTA 3/12/2024 3:00:00 PM HSTA 4/16/2024 3:00:00 PM |
HB 190 |
| HB190 Alaska Sunset Commission Presentation 3.12.2024.pdf |
HSTA 3/12/2024 3:00:00 PM HSTA 4/2/2024 3:00:00 PM HSTA 4/16/2024 3:00:00 PM |
HB 190 |