Legislature(2003 - 2004)

02/03/2003 01:40 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                  HOUSE FINANCE COMMITTEE                                                                                       
                     February 03, 2003                                                                                          
                          1:40 PM                                                                                               
                                                                                                                                
TAPE HFC 03 - 8, Side A                                                                                                         
TAPE HFC 03 - 8, Side B                                                                                                         
TAPE HFC 03 - 9, Side A                                                                                                         
TAPE HFC 03 - 9, Side B                                                                                                         
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Harris called the House  Finance Committee meeting                                                                     
to order at 1:40 PM.                                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative John Harris, Co-Chair                                                                                            
Representative Bill Williams, Co-Chair                                                                                          
Representative Eric Croft                                                                                                       
Representative Richard Foster                                                                                                   
Representative Mike Hawker                                                                                                      
Representative Carl Moses                                                                                                       
Representative Gary Stevens                                                                                                     
Representative Bill Stoltze                                                                                                     
Representative Jim Whitaker                                                                                                     
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Kevin Meyer, Vice-Chair                                                                                          
Representative Reggie Joule                                                                                                     
                                                                                                                                
ALSO PRESENT                                                                                                                  
Representative   Max   Gruenberg;   Stephanie   J.    Cole,                                                                     
Administrative Director,  Alaska  Court System;  Robert  D.                                                                     
Storer,   Executive   Director,   Alaska   Permanent   Fund                                                                     
Corporation, Department of Revenue; Bob  Bartholomew, Chief                                                                     
Operating  Officer,  Alaska  Permanent   Fund  Corporation,                                                                     
Department of  Revenue; Craig  Campbell, Adjutant  General,                                                                     
Commissioner, Department  of Military  & Veterans  Affairs;                                                                     
Samuel Johnson, Assistant Commissioner, Division of Homeland                                                                    
Security;   Denise   Liccioli,   Director,   Division    of                                                                     
Administrative Services, Department of Military &  Veterans                                                                     
Affairs.                                                                                                                        
                                                                                                                                
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Larry  Cohn, Executive Director,  Alaska Judicial  Council,                                                                     
Alaska Court System; Marla  Greenstein, Executive Director,                                                                     
Alaska Council on Judicial Conduct.                                                                                             
                                                                                                                                
GENERAL SUBJECT(S):                                                                                                           
                                                                                                                                
                    ALASKA COURT SYSTEM                                                                                         
                    ALASKA COMMISSION ON JUDICIAL CONDUCT                                                                       
                    ALASKA JUDICIAL COUNCIL                                                                                     
                    ALASKA PERMANENT FUND CORPORATION                                                                           
                  MILITARY AND VETERANS AFFAIRS                                                                                 
                    HOMELAND SECURITY                                                                                           
                                                                                                                                
The following overview was taken in log note format.  Tapes                                                                     
and handouts will be on file with the House Finance                                                                             
Committee through the 23rd Legislative Session, contact 465-                                                                    
2156. After the 23rd Legislative Session they will be                                                                           
available through the Legislative Library at 465-3808.                                                                          
                                                                                                                              
                                                                                                                                
                                                                                                                                
 LOG SPEAKER                DISCUSSION                                                                                      
                                                                                                                                
                                                                                                                              
      TAPE HFC 03 - 8                                                                                                         
      SIDE A                                                                                                                  
 001 Co-Chair Harris        Convened the House Finance at 1:40 p.m.                                                           
                            ALASKA COURT SYSTEM (ACS)                                                                         
 300 STEPHANIE J. COLE,     Reported   that   she   had   been   the                                                            
      ADMINISTRATIVE        Administrative Director for nearly six                                                              
      DIRECTOR, ALASKA      years, and introduced Chris Christensen,                                                            
      COURT SYSTEM          Staff Counsel, Alaska Court System, who                                                             
                            would  also  be   available  to   answer                                                            
                            members' questions.  She referred to the                                                            
                            handout (copy on  file), which  included                                                            
                            details of  the current budget  request.                                                            
                            Ms. Cole noted that budget  requests had                                                            
                            traditionally been prepared according to                                                            
                            the System's operating  needs, and  then                                                            
                            revised   the   request   according   to                                                            
                            legislative recommendations.                                                                      
 417 Ms. Cole               Noted that the court system comprised 99                                                            
                            percent of  the judicial  branch of  the                                                            
                            State government,  but represented  only                                                            
                            1.1  percent  of  the   State  Operating                                                            
                            Budget.  She noted that over  77 percent                                                            
                            of the System's budget went to personnel                                                            
                            services, and  that over  70 percent  of                                                            
                            their employees were compensated at Range                                                           
                            15  or  less.    The  System  has  court                                                            
                            facilities in  44  locations  statewide,                                                            
                            also   providing   services   to   other                                                            
                            locations through the  use of  traveling                                                            
                            judges.   ACS  is  primarily  a  service                                                            
                            organization; primary  function  was  to                                                            
                            handle all civil and criminal cases, as a                                                           
                            constitutional mandate.  She pointed out                                                            
                            that ACS has  no control over  caseload,                                                            
                            and that all cases that came  before the                                                            
                            Court must  be  accepted, regardless  of                                                            
                            available    resources.        Citizens,                                                          
                           businesses   and   various  governmental                                                             
                           entities file cases.                                                                               
602 Ms. Cole               Summarized the ACS mission, as stated in                                                             
                           the handout  (copy on file, as  being to                                                             
                           handle  cases  in  a  timely,  fair  and                                                             
                           affordable manner.  Ms. Cole pointed out                                                             
                           that last fiscal year 141,370 cases were                                                             
                           filed in the trial courts, a 9% decrease                                                             
                           from prior fiscal year.   She noted that                                                             
                           the decrease was due to a drop off in the                                                            
                           number of traffic violations in district                                                             
                           court, and  in fact  the number  of more                                                             
                           labor-intensive cases had increased.  She                                                            
                           explained  that  the   ACS  included  34                                                             
                           Superior Court  Judges in  13 locations,                                                             
                           with an additional 3 locations served by                                                             
                           traveling judges. The Superior Court has                                                             
                           jurisdiction  over  felony   cases,  the                                                             
                           number of which rose  in the last fiscal                                                             
                           year  by  6%  overall, with  some  areas                                                             
                           increasing  by   a  greater  percentage.                                                             
                           These cases are the most likely to go to                                                             
                           trial  and  require  more  judicial  and                                                             
                           clerical work.  She also pointed out a 5%                                                            
                           increase over the  past year in domestic                                                             
                           relations cases.   Family cases comprise                                                             
                           nearly 40%  of the total  Superior Court                                                             
                           caseload.   These cases,  like felonies,                                                             
                           tended to return to the ACS for revisions                                                            
                           in future years.                                                                                   
833 Ms. Cole               Explained the function of District                                                                   
                           Courts, this  being the lowest  level of                                                             
                           court  with limited  jurisdiction; there                                                             
                           are 42 district court locations, presided                                                            
                           over by  magistrates and  district court                                                             
                           judges.  She  noted that, although total                                                             
                           number  of  cases  had  decreased,  more                                                             
                           complex cases had increased 10% from the                                                             
                           prior fiscal year.                                                                                 
904 Ms. Cole               Discussed revenue generated by court                                                                 
                           action.   She summarized that  last year                                                             
                           ACS deposited  over 6.1  million dollars                                                             
                           into  the General  Fund,  generated from                                                             
                           filing fees, fines, forfeitures and cost                                                             
                           recoveries, as well as  $736 thousand in                                                             
                           court  fees,  used to  supplement  other                                                             
                           state agency budgets. She added that the                                                             
                           Department of  Law  deposited additional                                                             
                           revenues of $3.5  million in fines, fees                                                             
                           and costs.   Over $800  thousand of this                                                             
                           was  reimbursement for  Public  Defender                                                             
                           costs.   Finally,  she  noted that  $1.3                                                             
                           million in fines for municipal cases was                                                           
                            returned to municipalities.                                                                       
 1004 Ms. Cole              Highlighted   five   key   issues   that                                                            
                            challenge  ACS:     adequate   security,                                                            
                            technology    issues    and    upgrades,                                                            
                            timeliness and delay reduction, needs of                                                            
                            payment    assisted    litigants,    and                                                            
                            therapeutic court projects.                                                                       
 1032 Ms. Cole              Discussed court security.  She emphasized                                                           
                            that concern in this area is increasing,                                                            
                            as  more  incidents  of  fearfulness  in                                                            
                            courtrooms are reported.  She  noted the                                                            
                            escalating  effects   of  anxiety   over                                                            
                            terrorism, and cases  involving domestic                                                            
                            violence.    She   explained  that   the                                                            
                            Department of Public Safety was required                                                            
                            by statute  to  provide security;  their                                                            
                            staffing was not  adequate. The goal  of                                                            
                            ACS is to  provide weapons screening  at                                                            
                            all Superior  Court sites.   She  stated                                                            
                            that the Juneau Court  weapons screening                                                            
                            system was currently being operated using                                                           
                            federal grant monies  available for  the                                                            
                            short term. She also noted the effort to                                                            
                            seek funds available through the Federal                                                            
                            Homeland Security program.                                                                        
 1254 Ms. Cole              Then discussed the issue of Technology.                                                             
                            The ACS  relies  on  digital  audio  for                                                            
                            records, and telephone systems for remote                                                           
                            participation.   Ms. Cole  stressed  the                                                            
                            need  for   an   adequate   court   case                                                            
                            management system.  Since the 1980's, the                                                           
                            ACS has used only a  rudimentary system.                                                            
                            Ms. Cole explained  that the system  was                                                            
                            inadequate   to   collect   and   report                                                            
                            meaningful court statistic  information.                                                            
                            The system generates  a high error  rate                                                            
                            currently.  She  reported that a  modern                                                            
                            system had  been  acquired,  but  needed                                                            
                            modifying.   Implementation of  the  new                                                            
                            system  is  projected  by  the  end   of                                                            
                            calendar 2004.   She also reported  that                                                            
                            the Courts'  participation  in  the  new                                                            
                            State contract with Alaska Communications                                                           
                            Systems  for  wide   area  network   was                                                            
                            currently unclear.   She explained  that                                                            
                            their agency would  decide whether  this                                                            
                            system would meet their needs, or to find                                                           
                            an alternative method for these services,                                                           
                           such as ITG.                                                                                       
 1626 Ms. Cole              Discussed the issue of timeliness and                                                               
                            delay reduction.    She  recognized  the                                                            
                            difficulty    for     individuals     or                                                            
                            organizations to  await  resolutions  of                                                          
                           court cases.  Ms.  Cole reported that in                                                             
                           February  of  2000,  the  Court  adopted                                                             
                           aspirational time standards for the trial                                                            
                           courts;  in March  of  2001 the  Supreme                                                             
                           Court  adopted Appellant  time standards                                                             
                           for the appellant  courts.  She reported                                                             
                           that periodic  review of  caseloads were                                                             
                           conducted, and  that,  at  the appellant                                                             
                           level, the Supreme Court was either close                                                            
                           to meeting or beating its time standards.                                                            
                           Ms. Cole reminded the Committee that case                                                            
                           delay  relates  to available  resources.                                                             
                           She noted current budget requests, as for                                                            
                           a second District  Court Judge and clerk                                                             
                           in Palmer.   She  added that  the agency                                                             
                           took  a   $.5   million  cut   from  its                                                             
                           maintenance level in last year's budget.                                                           
1851 Ms. Cole              Discussed pro tem littigance. She pointed                                                            
                           out  the  Family  Self  Help  Center  in                                                             
                           Anchorage, opened  in  October of  2001,                                                             
                           which  has served  over  3,500 customers                                                             
                           statewide.    The  Center is  funded  by                                                             
                           Federal monies directed back to the State                                                            
                           through a formula generated by the Child                                                             
                           Support   Enforcement    Division.   She                                                             
                           reported that the Center was successful,                                                             
                           but  could  serve  more  with  increased                                                             
                           resources.    She  also noted  that  the                                                             
                           Center currently only  helps with family                                                             
                           law, and  would like to  expand to other                                                             
                           areas.                                                                                             
2026 Ms. Cole              Explained Therapeutic Court Projects.                                                                
                           These  projects include:  District Court                                                             
                           Mental   Health   Court  in   Anchorage;                                                             
                           Anchorage   Felony   Drug   court;   the                                                             
                           Anchorage and Bethel Felony DUI Projects;                                                            
                           Anchorage Wellness Court Project; a small                                                            
                           Juneau  Wellness Project;  and a  Family                                                             
                           Care  Court  in  Anchorage.    Ms.  Cole                                                             
                           clarified  that,  although these  courts                                                             
                           were  termed therapeutic,  they actually                                                             
                           operated   on   a   tougher,   requiring                                                             
                           defendants to  meet  stringent mandates.                                                             
                           She  reported  that  ACS  was  currently                                                             
                           evaluating all projects.  Nationally such                                                            
                           courts are reporting successful results.                                                             
                           Ms. Cole stated that the programs require                                                            
                           more resources.  She  noted that the DUI                                                             
                           Project was  not  funded for  the entire                                                             
                           year.     Many  of  the   projects  were                                                             
                           initially funded by short term, but will                                                             
                           require additional funding  to expand or                                                             
                           continue.                                                                                          
 2341 Co-Chair Harris       Asked how much funding was requested for                                                            
                            Security purposes.                                                                                
 2403 Ms. Cole              Referred to a Capital Request and an                                                                
                            Operating Budget Request.                                                                         
 2418 CHRIS CHRISTENSEN,    Reported  that,  at  the  present  time,                                                            
      STAFF COUNSEL,        Juneau was funded by an $80 thousand                                                                
      ALASKA COURT SYSTEM federal grant, and the request was for                                                                
                            $80 to continue the  program.   He  also                                                            
                            noted that  $75 thousand  per system  in                                                            
                            operating funds  was needed  to  install                                                            
                            programs for Palmer and Kenai.  He stated                                                           
                            that a Capital Request for an additional                                                            
                            $40 thousand to  purchase equipment  was                                                            
                          also pending.                                                                                       
 2452 Co-Chair Williams     Asked for clarification, asking whether,                                                            
                            with therapeutic courts included in  the                                                            
                            Capital Budget, an increase would also be                                                           
                            requested in  the  Operating Budget  for                                                            
                            this year.                                                                                        
 2533 Mr. Christensen       Responded that the funding in the Capital                                                           
                            Budget did  not come  through the  Court                                                            
                            System, but  rather as  a grant  through                                                            
                            Partnership   Progress,   the   private,                                                            
                            volunteer  organization  in   Anchorage,                                                            
                            which assisted in the project.                                                                    
 2552 Co-Chair Harris       Asked about success of therapeutic                                                                  
                            courts.                                                                                           
 2601 Ms. Cole              Explained that, while apparent changes in                                                           
                            defendant  behaviors  were   impressive,                                                            
                            these projects were fairly new, and that                                                            
                            evaluations were underway.   The  Mental                                                            
                            Health Court  in Anchorage  has been  in                                                            
                            existence the longest, and an evaluation                                                            
                            from  the  Judicial  Court  Council  was                                                            
                            expected shortly.                                                                                 
 2654 Co-Chair Harris       Asked for the average time that cases                                                               
                            waited in process before being heard by a                                                           
                            court.                                                                                            
 2716 Ms. Cole              Responded that the amount of time before                                                            
                            a case went to court varied dramatically,                                                           
                            and that the current system did not allow                                                           
                            reporting of specific information.                                                                
 2736 Co-Chair Harris       Clarified by asking whether if funding                                                              
                            increased, it would directly effect  and                                                            
                            improve turnaround time for cases.                                                                
 2812 Ms. Cole              Confirmed that increasing resources would                                                           
                            likely improve timeliness of cases.  For                                                            
                            example, in Palmer, with a large caseload                                                           
                            per judge, cases  would be handled  more                                                            
                            quickly by adding another district court                                                            
                            judge and clerk.                                                                                  
 2846 Representative        Referred to Security, asking what options                                                         
      Stevens              were being considered.  He noted his                                                                 
                           concern over how little security was used                                                            
                           in the court in his home.                                                                          
2927 Ms. Cole              Clarified that the statutory requirement                                                             
                           was  pertaining  to  the  Department  of                                                             
                           Public Safety to  provide security.  She                                                             
                           noted however that  often State Troopers                                                             
                           were not  what was most  effective.  She                                                             
                           referred to a  weapons screening program                                                             
                           that was necessary to preserve the safety                                                            
                           of courtroom personnel.                                                                            
3035 Mr. Christensen       Added that, while Public Safety generally                                                            
                           used  State Troopers,  they  also had  a                                                             
                           united  called  Judicial  Services,  law                                                             
                           enforcement   officers    with   limited                                                             
                           jurisdiction.    Screening at  door  for                                                             
                           weapons  in  Anchorage,  Fairbanks,  and                                                             
                           Juneau   was   implemented  by   private                                                             
                           security   officers   and    not   State                                                             
                           employees.   Noted that  a  new security                                                             
                           company had  placed a bid on  the Juneau                                                             
                           services.                                                                                          
3133 Representative        Asked whether a statutory amendment was                                                              
      Gruenberg            necessary to add a new District Court                                                                
                           Judge in Palmer.                                                                                   
3203 Ms. Cole              Responded that, under the current statute                                                            
                           (AS 22.15.020), the  Supreme Court could                                                             
                           increase  the number  of  District Court                                                             
                           judges without legislative action.                                                                 
3230 Mr. Christensen       Clarified that the statute only required                                                             
                           an amendment to  create a Superior Court                                                             
                           Judge.                                                                                             
3247 Representative        Read from AS 22.15.020, which outlined                                                               
      Gruenberg            the number of judges for each judicial                                                               
                           district.  He  observed that the Supreme                                                             
                           Court interpreted  the statute  to allow                                                             
                           them  to create  a  different number  of                                                             
                           district  court   judges  than   was  in                                                             
                           statute.   He  asked  how many  district                                                             
                           court judges were currently in the third                                                             
                           judicial district.                                                                                 
3348 Mr. Christensen       Responded that there were 17 district                                                                
                           court  judges  currently,  which  was  a                                                             
                           decrease.   He noted that, while  a bill                                                             
                           was not needed to create a judgeship, the                                                            
                           legislature had  always  been asked  for                                                             
                           approval through the funding mechanism.                                                            
3442 Representative        Asked whether the Federal Homeland                                                                   
      Gruenberg            Security Department had been consulted on                                                            
                           security measures.                                                                                 
3452 Ms. Cole              Responded that letters had been sent to                                                              
                           Senator Stevens.  She stated that ACS had                                                            
                           not   directly   spoken  with   Homeland                                                           
                            Security,  except  in   inquiring  about                                                            
                            available funding.   She  reported  that                                                            
                            available funds through Homeland Security                                                           
                            had been first responder money.                                                                   
 3518 Representative        Asked whether cost savings might be                                                                 
      Gruenberg             realized by unifying the Superior and                                                               
                            District courts.                                                                                  
 3559 Ms. Cole              Stated that there had been no recent                                                                
                            examination of this idea, although there                                                            
                            had been a past proposal that did not go                                                            
                            forward.                                                                                          
 3626 Representative        Asked  whether   Truth   in   Sentencing                                                            
      Stoltze               Statutes were being successfully and                                                                
                            uniformly implemented.                                                                            
 3655 Mr. Christensen       Responded that the process seemed to be                                                             
                            working smoothly.                                                                                 
 3719 Representative        Asked whether victims were notified of                                                              
      Stoltze               sentence reductions by the Court System                                                             
                            or by the Department of Law.                                                                      
 3753 Mr. Christensen       Responded  that   statute   placed   the                                                            
                            responsibility for these notifications on                                                           
                            the  Department  of  Law,  because  that                                                            
                            agency continues contact with victim.  He                                                           
                            noted that many victims'  addresses were                                                            
                            not allowed to be kept on file.                                                                   
 3814 Representative        Referred to the budget request earlier                                                              
      Hawker                mentioned by Ms. Cole, noting that it                                                               
                            proposed a  4.4%  increase in  operating                                                            
                            budget.  Asked  about her priorities  in                                                            
                            terms of budget reductions.                                                                       
 3853 Ms. Cole              Responded that the only unknown budgetary                                                           
                            item  was   the  contract  with   Alaska                                                            
                            Communication Systems.    She  explained                                                            
                            that  $217  thousand  was  a  worst-case                                                            
                            scenario, which could improve. She noted                                                            
                            that her  department had  only  included                                                            
                            items that they considered important.                                                             
 3940 Mr. Christensen       Noted that the only increase which could                                                            
                            not be mitigated were the land fees.                                                              
 4010 Co-Chair Harris       Concluded the discussion and acknowledged                                                           
                            Ms. Greenstein via teleconference.                                                                
                                                                                                                                
                            ALASKA COMMISSION ON JUDICIAL CONDUCT                                                           
 4026 MARLA GREENSTEIN,     Introduced herself and stated the mission                                                           
      EXECUTIVE DIRECTOR,   of the  Commission.    The  Commission's                                                            
      ALASKA COMMISSION ON  primary mandate is to  handle complaints                                                            
      JUDICIAL CONDUCT      concerning ethics of State court judges.                                                            
                            She  explained   that   their   caseload                                                            
                            fluctuated, as  did the  seriousness  of                                                            
                            complaints.  Ms.  Greenstein noted  that                                                            
                            Commission staff consisted of two people,                                                           
                            herself  and  an   assistant.    If   an                                                            
                            adversarial    relationship    developed                                                          
                           between  the  Commission  and  a  judge,                                                             
                           outside counsel was necessary.                                                                     
4202 Ms. Greenstein        Explained that fluctuating percentages of                                                            
                           financial  needs   from  year   to  year                                                             
                           corresponded  to   cases   when  special                                                             
                           counsel was  required.  She noted  a $20                                                             
                           thousand     standing    request     for                                                             
                           professional  services,  which  was  not                                                             
                           always needed, yet not  adequate to meet                                                             
                           the  costs of  an actual  formal hearing                                                             
                           process, thus  resulting in supplemental                                                             
                           requests.  She  also mentioned education                                                             
                           for court personnel as a cost.                                                                     
4343 Co-Chair Harris       Thanked Ms. Greenstein and welcomed Mr.                                                              
                           Cohn to give his report.                                                                           
                                                                                                                                
                           ALASKA JUDICIAL COUNCIL                                                                          
4424 LARRY COHN,           Referred to his handout, which outlines                                                              
      EXECUTIVE DIRECTOR,  Judicial Council duties.   He noted that                                                             
      ALASKA JUDICIAL      the Council was a separate state agency,                                                             
      COUNCIL, ALASKA      created by the Alaska Constitution.  The                                                             
      COURT SYSTEM         Council is comprised of three attorneys                                                              
                           and  three  non-attorneys,  a  citizens'                                                             
                           commission.  Members  are appointed with                                                             
                           consideration   to    State   geographic                                                             
                           distribution.  Mr. Cohn  presides over a                                                             
                           staff of eight people.   The Council has                                                             
                           Constitutional and statutory mandates in                                                             
                           three areas:   to  screen applicants for                                                             
                           judicial vacancies and  make nominations                                                             
                           to Governor; to evaluate the performance                                                             
                           of judges  who appear  on the  ballot in                                                             
                           their  retention   years  and   to  make                                                             
                           recommendations  to voters;  to  provide                                                             
                           studies  and recommendations  to improve                                                             
                           administration of justice.                                                                         
4615 Mr. Cohn              Noted the Council's budget request, which                                                            
                           was  essentially a  continuation budget.                                                             
                           He pointed out that council had not made                                                             
                           supplementary request in  over 20 years.                                                             
                           He  outlined  the  council's process  of                                                             
                           judicial selection.                                                                                
                                                                                                                                
                           TAPE HFC 03 - 8, Side B                                                                          
4624 Mr. Cohn              Noted that the Council's duties in this                                                              
                           area were increasing, due to the aging of                                                            
                           the judiciary and the increased number of                                                            
                           positions.    Regarding  retention,  the                                                             
                           Constitution requires that  judges stand                                                             
                           for retention periodically, depending on                                                             
                           their terms; in  2002, a retention year,                                                             
                           16 judges  appeared on  the ballot.   He                                                             
                           detailed various  aspects  of collecting                                                             
                           and distributing information on judges in                                                            
                           retention years.                                                                                   
 4453 Mr. Cohn              Referred    to    the    Reports     and                                                            
                            Recommendations portion of  the  handout                                                            
                            (copy on  file).   He  noted two  recent                                                            
                            reports, completed through the  Criminal                                                            
                            Justice        Council,        regarding                                                            
                            recommendations to solve overcrowding the                                                           
                            prison system.  He  pointed out that  it                                                            
                            was their intent  to continue work  with                                                            
                            Criminal Justice Council to examine cross                                                           
                            benefit information regarding aspects of                                                            
                            the criminal  justice system.   He  also                                                            
                            noted the study on the  criminal justice                                                            
                            process  in   order  to   identify   any                                                            
                            unwarranted reasons for disproportionate                                                            
                            representation of minorities in the court                                                           
                            process. Mr. Cohn also noted involvement                                                            
                            in therapeutic court projects, including                                                            
                            evaluations of the DUI and mental health                                                            
                            courts.                                                                                           
 4140 Representative        Referred to page three of the handout,                                                              
      Gruenberg             outlining the performance evaluation of                                                             
                            pro tems and other judicial officers, and                                                           
                            asked whether the survey was disseminated                                                           
                            to the members of the bar and the public.                                                         
 4047 Mr. Cohn              Responded that he was unaware of the most                                                           
                            recent law judge evaluation.   Regarding                                                            
                            the Pro Tem  evaluation, the report  was                                                            
                            sent to the Chief Justice, to whom it was                                                           
                            required, as well as copies  of relevant                                                            
                            portions of the report to the judges.                                                             
 4003 Representative        Requested that Mr. Cohn send these                                                                  
      Gruenberg             reports to members of the bar and the                                                               
                            public. He  expressed his  opinion  that                                                            
                            these people needed  the results of  the                                                            
                            surveys.                                                                                          
 3924 Mr. Cohn              Agreed and explained that Council policy                                                            
                            was to provide as much information to the                                                           
                            public as possible.  Noted that Alaskans,                                                           
                            compared to other places in  the country                                                            
                            or  world,  received  a  great  deal  of                                                            
                            information. He   noted  that  he  would                                                            
                            require guidance from the  Supreme Court                                                            
                            about disseminating  information in  the                                                            
                            manner     Representative      Gruenberg                                                            
                            described.                                                                                        
 3833 Representative        Requested a written response to his                                                                 
      Gruenberg             question.                                                                                         
 3754 Co-Chair Harris       Concluded discussion on the Court System                                                            
                            and welcomed Robert Storer to address the                                                           
                            Committee.                                                                                        
                                                                                                                                
                            ALASKA PERMANENT FUND CORPORATION                                                               
 3728 ROBERT D. STORER,     Introduced himself and  Bob Bartholomew,                                                            
      EXECUTIVE DIRECTOR, Chief Operating Officer, Alaska Permanent                                                           
      ALASKA PERMANENT     Fund Corporation, to present the overview                                                            
      FUND CORPORATION,    of the Permanent Fund Corporation.                                                                 
      DEPARTMENT OF                                                                                                             
      REVENUE                                                                                                                   
3700 BOB BARTHOLOMEW,      Presented   a    Corporation   Overview,                                                             
      CHIEF OPERATING      referring to an outline (copy on file).                                                              
      OFFICER, ALASKA      He pointed out that the Permanent Fund                                                               
      PERMANENT FUND       was established based on an article in                                                               
      CORPORATION,         the Alaska Constitution, stating that 25                                                             
      DEPARTMENT OF        percent of all mineral revenue would be                                                              
      REVENUE              placed in a permanent fund.                                                                        
3502 Mr. Bartholomew       Referred to page two, which outlined the                                                             
                           legislation     expanding     on     the                                                             
                           Constitution:    increasing the  deposit                                                             
                           from  25  percent  to  50  percent;  and                                                             
                           directing income  to be retained  in the                                                             
                           Permanent Fund  until appropriated.   He                                                             
                           also pointed out the distinction between                                                             
                           the Board of Trustees and the Department                                                             
                           of   Revenue,   which  administers   the                                                             
                           Permanent Fund Dividend program.                                                                   
3403 Mr. Bartholomew       Noted on page three of the outline the                                                               
                           mission adopted by  the Board.   He also                                                             
                           explained the legislative mission of the                                                             
                           Corporation.                                                                                       
3311 Mr. Bartholomew       Noted the organization of management as                                                              
                           listed on  page 4.    He noted  that the                                                             
                           current organization had been adopted two                                                            
                           years ago, to emulate a money management                                                             
                           firm.   He also  discussed out corporate                                                             
                           goals as listed on the outline.                                                                    
3217 Mr. Storer            Pointed out the importance of diversified                                                            
                           asset  allocation, which  they  believed                                                             
                           would realize  a  5 percent  return over                                                             
                           time.                                                                                              
3157 Mr. Bartholomew       Referred to page 5, which illustrates the                                                            
                           Corporation's    investment   principles                                                             
                           (diversify, prudent  expert  rule, long-                                                             
                           term, balance between current and future                                                             
                           benefits), as  well as  the relationship                                                             
                           between the Fund and the legislature.  He                                                            
                           noted the  Legislative Budget  and Audit                                                             
                           Committee as an oversight agency.                                                                  
3103 Mr. Bartholomew       Page 6 discussed how the Fund had                                                                    
                           benefited from legislative actions.  For                                                             
                           example,  increasing the  amount of  oil                                                             
                           revenues  dedicated to  the  Fund.   Two                                                             
                           special appropriations from  the General                                                             
                           Fund into the  Permanent Fund, and seven                                                             
                           appropriations to protect the  Fund.  He                                                             
                           also pointed out four myths, for example                                                             
                           the  idea that  future returns  could be                                                             
                           predicted, or that the past distribution                                                           
                            policy may remain the same, or  that the                                                            
                            Fund was big enough to be all  things to                                                            
                            all people.                                                                                       
 2725 Co-Chair Williams     Asked for more information regarding                                                                
                            WorldCom.                                                                                         
 2644 Mr. Storer            Responded that the Fund's exposure to                                                               
                            WorldCom and Enron  was limited by  many                                                            
                            standards.    He  also  noted  that  the                                                            
                            Corporation had lost money with Enron, as                                                           
                            part  of   the  S&P   500  index   fund.                                                            
                            Approximately $13  million dollars  were                                                            
                            lost in the Index Fund. However, in  the                                                            
                            several years prior, the Fund the active                                                            
                            managers realized profits of nearly  the                                                            
                            same  amount.  He  discussed  losses  in                                                            
                            WorldCom, which equaled approximately $38                                                           
                            million dollars in the Index  Fund, with                                                            
                            profits by active managers of essentially                                                           
                            the same  amount.  He pointed  out  that                                                            
                            WorldCom also issued debt that was  part                                                            
                            of the  Index  Fund, against  which  the                                                            
                            Corporation  managed  portfolios,  which                                                            
                            caused another  $18 million  of  losses.                                                            
                            The Corporation is involved in the class                                                            
                            action litigation being brought  against                                                            
                            both Enron and WorldCom. The Corporation                                                            
                            has also retained five law firms to help                                                            
                            evaluate the  merits of  pursuing  class                                                            
                            action litigation.                                                                                
 2402 Co-Chair Williams     Questioned how a company is investigated                                                            
                            before the investment.                                                                            
 2343 Mr. Storer            Explained that external managers were                                                               
                            hired  who  use  different  disciplines,                                                            
                            thereby diversifying not  only by  asset                                                            
                            class  but  also  by  management  style.                                                            
                            These  external  managers  perform   due                                                            
                            diligence and analysis to find companies                                                            
                            who will  produce  greater earnings.  He                                                            
                            pointed out that, in the case  of Enron,                                                            
                            the Corporation was not  exposed through                                                            
                            active management.  The only exposure was                                                           
                            through  the   Index  Fund,   which   is                                                            
                            passively managed.    He  discussed  the                                                            
                            methods of actively and passively managed                                                           
                            portfolios. He pointed  out that,  since                                                            
                            active management is more costly, a fund                                                            
                            the size  of  the Permanent  Fund  would                                                            
                            choose passive  portfolios to  get  cost                                                            
                            effective exposure to an asset class. 40                                                            
                            percent of  the Permanent Fund's  equity                                                            
                            exposure is through passive management.                                                           
 2048 Co-Chair Williams     Questioned if more attorneys may be                                                                 
                            needed  to  handle  other  class  action                                                          
                           suits.                                                                                             
2030 Mr. Storer            Expressed his belief that change was                                                                 
                           effected  through  corporate governance.                                                             
                           He  stated   that  managers   have  been                                                             
                           instructed to vote  for more independent                                                             
                           boards. The  Corporation is  involved in                                                             
                           the Council  of Institutional Investors,                                                             
                           which    encourages    good    corporate                                                             
                           governance  and   policies.  Mr.  Storer                                                             
                           pointed out that the Corporation uses law                                                            
                           firms  to  investigate  activities,  but                                                             
                           there  is no  cost  to  the Fund  unless                                                             
                           litigation is pursued.                                                                             
1818 Mr. Storer            Explained that the Fund is divided into                                                              
                           two parts: the principle and the earnings                                                            
                           reserve.                                                                                           
1745 Mr. Storer            Referred to page two of the second                                                                   
                           handout (copy  on  file).   He explained                                                             
                           that the principle is comprised of three                                                             
                           items:  $7.3  billion of  dedicated  oil                                                             
                           revenues, $7.6  billion  in appropriated                                                             
                           inflation proofing, and  $7 billion from                                                             
                           special appropriations.                                                                            
1650 Mr. Storer            Clarified that the earnings reserve                                                                  
                           account is excess  earnings, made of two                                                             
                           components:    the    appreciation    of                                                             
                           portfolios,  or  unrealized  gains,  and                                                             
                           income  earned over  the  course of  the                                                             
                           year.  He  noted that the Fund typically                                                             
                           earned $70 million per  month was earned                                                             
                           on real estate,  cash flow dividends and                                                             
                           interest on  bond portfolio, as  well as                                                             
                           manager behavior to financial market.                                                              
1542 Mr. Storer            Noted that the Earnings Reserve had                                                                  
                           declined dramatically over the course of                                                             
                           the past three years.   He then referred                                                             
                           to  page  three  of the  handout,  which                                                             
                           tracked  the  pattern that  led  to  the                                                             
                           current  Earnings Reserve  status, which                                                             
                           included earnings and losses from market                                                             
                           downturns,    dividend   payouts,    and                                                             
                           inflation proofing transfers and realized                                                            
                           losses.                                                                                            
1313 Representative        Asked about the balance of the Earnings                                                              
      Whitaker             Reserve Fund, after dividend payouts and                                                             
                           inflation proofing.                                                                                
1289 Mr. Storer            Stated that the $1.6 billion represented                                                             
                           a  balance after inflation  proofing and                                                             
                           payouts.                                                                                           
1246 Mr. Storer            Responding to a question by Co-Chair                                                                 
                           Harris,  emphasized  that  the  Earnings                                                             
                           Reserve Account has been in the negative                                                             
                           three times since June 30, 2003. He noted                                                          
                            that the balance of the Earnings Reserve                                                            
                            was $329  million  dollars  as  of  last                                                            
                            Thursday.  He   noted  that,   regarding                                                            
                            unrealized gains and losses, the Earnings                                                           
                            Reserve absorbs market volatility.                                                                
 1128 Co-Chair Harris       Summarized that, if the State were to                                                               
                            follow current  practices for  inflation                                                            
                            proofing  the  Fund,   there  could   be                                                            
                            insufficient funds to pay dividends.                                                              
 1107 Mr. Storer            Stressed that it is difficult to predict                                                            
                            market volatility, and gave examples  of                                                            
                            fluctuations over the  short  term.   He                                                            
                            conceded,  if  downward  market   trends                                                            
                            continued,  it  would  generate  serious                                                            
                            issues, including  the potential  of  no                                                            
                            dividend payout.  He stated that, as the                                                            
                            year progressed, the Fund would have more                                                           
                            information to report to the Committee.                                                           
 936 Mr. Bartholomew        Pointed out that statutes require that                                                              
                            dividends  be   paid  before   inflation                                                            
                            proofing, and thereby inflation proofing                                                            
                            did not effect the dividend distribution.                                                         
 913 Mr. Storer             Again referred to page three of the                                                                 
                            handout, which showed negative returns in                                                           
                            FY01, FY02 and FY03. He emphasized that,                                                            
                            in comparison  to  other  large,  public                                                            
                            funds (which were down by -5% to -10% for                                                           
                            the same period), Permanent Fund returns                                                            
                            have been very favorable.                                                                         
 748 Representative         Observed that there were four articles in                                                           
      Gruenberg             the Los Angeles Times regarding the                                                                 
                            effect of  the  newly  proposed  federal                                                            
                            policy of not taxing dividends.  He asked                                                           
                            Mr. Storer's opinion  on how this  would                                                            
                            affect stock performance.                                                                         
 713 Mr. Storer             Expressed his opinion that the policy                                                               
                            would help stocks.  He pointed out  that                                                            
                            the Permanent Fund was a tax-exempt fund                                                            
                            that did  not  receive  dividends.    He                                                            
                            stated that, for individuals, stockowners                                                           
                            could  live  on  the  income  generated,                                                            
                            rather  than   selling   stocks,   which                                                            
                            increase stability. He  affirmed that  a                                                            
                            secondary effect would keep stock prices                                                            
                            up and increase the Fund's value.                                                                 
 548  Representative Croft  Questioned  whether  President's  Bush's                                                            
                            proposal would  affect  Alaskans  paying                                                            
                            taxes on permanent fund dividends.                                                                
 523 Mr. Storer             Clarified that it would not affect                                                                  
                            permanent fund  dividend earners,  since                                                            
                            the  Fund  was  not  a  publicly  traded                                                            
                           corporation.                                                                                       
 445 Representative         Asked if there were concerns regarding                                                            
      Hawker               the tax-exempt status of the Permanent                                                               
                           Fund  if   dividends  continued   to  be                                                             
                           distributed  individually   through  the                                                             
                           dividend program.                                                                                  
401 Mr. Storer             Explained that the tax-exempt status is                                                              
                           retained due to the legislature's ability                                                            
                           to  use  the  dividends  for  government                                                             
                           purposes.  He noted that, if the ability                                                             
                           were  somehow  removed,  the  tax-exempt                                                             
                           status could be questioned.                                                                        
321 Representative         Asked whether it was possible to amend                                                               
      Gruenberg            the proposed legislation to prevent                                                                  
                           Alaskans from paying tax on the PFD.                                                               
310 Mr. Storer             Responded that this seemed an unlikely                                                               
                           proposition.  He  referred again to page                                                             
                           three, and noted that their total return                                                             
                           over the  long term  was projected  at 8                                                             
                           percent.    He  noted, based  on  a  new                                                             
                           capital  market   assumption,  that  the                                                             
                           current  asset   allocation  would  most                                                             
                           likely return 7.5 percent.                                                                         
213 Mr. Storer             Referred to page 4 of handout, which                                                                 
                           illustrated  asset allocations,  with  a                                                             
                           target  allocation  of  37  percent  for                                                             
                           domestic equities, and  a +/-  7 percent                                                             
                           balancing band.   He stated  his opinion                                                             
                           that   those   funds  that   adopted   a                                                             
                           disciplined approach to investing (buying                                                            
                           low/selling high)  were successful.   He                                                             
                           also noted that in any year, the Fund had                                                            
                           a 25 percent chance of a negative return.                                                            
                           He  noted  that  a positive  return  was                                                             
                           incumbent on maintaining  the 37 percent                                                             
                           equity goal.                                                                                       
                                                                                                                              
      TAPE HFC 03 - 9,                                                                                                        
      Side A                                                                                                                  
040 Mr. Storer             Responded    to    a    question    from                                                             
                           Representative Croft and  explained that                                                             
                           maintained a disciplined approach, rather                                                            
                           than following  investment trends, while                                                             
                           over the short term may cause returns to                                                             
                           lag, produced success over long term.                                                              
113 Mr. Bartholomew        Discussed the statutory method for                                                                   
                           determining    funds    available    for                                                             
                           appropriation, the method  for inflation                                                             
                           proofing, as well as pointing out current                                                            
                           debate on  the statutory interpretation.                                                             
                           He turned to page five, which references                                                             
                           AS  37.13.140 and  145 to  determine how                                                             
                           much   was    available   annually   for                                                             
                           distribution.       The    statute   was                                                             
                           established in 1982.   The first step of                                                             
                           the calculation process is to determine a                                                          
                            five-year average of the realized income                                                            
                            (cash flow, with any gains or losses from                                                           
                            sale of investments), and then devise  a                                                            
                            sum slightly greater  than one fifth  of                                                            
                            that average.   If  necessary, a  second                                                            
                            step  is  employed:    if  the  Earnings                                                            
                            Reserve does not contain the  amount for                                                            
                            payout   indicated    by    the    first                                                            
                            calculation, only   the  amount  of  the                                                            
                            Earnings Reserve could  be appropriated,                                                            
                            and  only  one  half  of  that   to  the                                                            
                            Dividends.  He pointed out that, whether                                                            
                            the first or second method is used, both                                                            
                            limit the dividend payout to one half of                                                            
                            the Earnings Reserve. He also noted that                                                            
                            dividends were paid first, then inflation                                                           
                            proofing, then a remaining balance would                                                            
                            be left in the Fund.                                                                              
 423 Mr. Bartholomew        Referred to page six which outlines the                                                             
                            process for  calculations  performed  on                                                            
                            June 30.  He noted that in 1999 and 2000,                                                           
                            the results  were  well  above  average,                                                            
                            while  2002  and  2003  were  below  the                                                            
                            average, a result of the  market trends.                                                            
                            He  noted  that  using  the  21  percent                                                            
                            calculation  would  total  $1.4  million                                                            
                            dollars, one half of  which would go  to                                                            
                          the dividend.                                                                                       
 557 Mr. Bartholomew        Responded to an earlier question from Co-                                                           
                            Chair Williams  and explained  that  the                                                            
                            second method  of  calculation would  be                                                            
                            used if  the Earnings  Reserve was  less                                                            
                            than, in  this case,  $1.4 billion,  the                                                            
                            income in the Earnings Reserve would  be                                                            
                            divided in half for distribution.                                                                 
 623 Mr. Bartholomew        Explained inflation proofing, as outlined                                                           
                            on page 7, as the change in the national                                                            
                            consumer price  index  annually.    This                                                            
                            amount  is   then   multiplied  by   the                                                            
                            principal of   the  Fund,  in  order  to                                                            
                            calculate  the   amount   necessary   to                                                            
                            maintain the  purchasing  power  of  the                                                            
                            Fund.   He noted that  $602 million  was                                                            
                            needed last year to inflation  proof the                                                            
                            Fund; he speculated  that this year,  if                                                            
                            the   rate    of   inflation    remained                                                            
                            consistent, the  amount  need  was  $355                                                            
                            million.                                                                                          
 742 Representative Croft Referred to the figure of .21 times the                                                               
                            past five years. He asked the reason for                                                            
                            the 50% payouts.                                                                                  
 819 Mr. Bartholomew        Reiterated that, once it was determined                                                             
                            by statue what  was available for  total                                                          
                           distribution, then half was taken for the                                                            
                           dividend, the  other half  for inflation                                                             
                           proofing.  He pointed  out that this was                                                             
                           in statute.                                                                                        
858   Representative Croft Restated that roughly 25 percent would go                                                            
                           to inflation proofing.                                                                             
953 Representative         Raised his concern about the mechanism                                                               
      Whitaker             whereby   the   Fund's   principal   was                                                             
                           protected from a loss in value.  He asked                                                            
                           whether  this  was  a  function  of  the                                                             
                           Earnings Reserve Account.                                                                          
1030 Mr. Bartholomew       Affirmed that this was true, and had                                                                 
                           become a  source of  recent debate.   He                                                             
                           noted that, if  the market declined, the                                                             
                           amount  of  the  decline went  into  the                                                             
                           earnings reserve.  He  noted that if the                                                             
                           total  value   of  the   Permanent  Fund                                                             
                           decreased below the principal, according                                                             
                           to statute,  distribution from  the Fund                                                             
                           would not  occur.  He  stressed that, if                                                             
                           unrealized losses were  brought into the                                                             
                           formula,  and   the  value   went  below                                                             
                           principal, there were no funds available                                                             
                           for distribution.                                                                                  
1158  Representative Croft Reasoned  that,   if   projections  were                                                             
                           correct, and  roughly $750  million were                                                             
                           paid  to   dividends,  $350  million  to                                                             
                           inflation proofing,  slightly more  than                                                             
                           $500 million would remain in the Earnings                                                            
                           Reserve.   He  referred to  page 8,  and                                                             
                           questioned whether,  if  downward market                                                             
                           trends  continued,   inflation  proofing                                                             
                           would be shorted.                                                                                  
1303 Mr. Bartholomew       Explained that the Fund had never shorted                                                            
                           inflation proofing.   He noted  that the                                                             
                           estimates on page 8 were after dividends                                                             
                           and inflation proofing had been paid                                                               
1355 Representative        Asked for clarification as to whether,                                                               
      Whitaker             given that January was less than                                                                     
                           projected,  the  next  median  would  be                                                             
                           lower, thereby decreasing the likelihood                                                             
                           of having needed  funds for dividend and                                                             
                           inflation proofing.                                                                                
1430 Mr. Bartholomew       Affirmed, indeed, January performance had                                                            
                           lowered  the median.    He pointed  out,                                                             
                           however,  that   the   Earnings  Reserve                                                             
                           changed   by   $200  million   per   day                                                             
                           regularly.                                                                                         
1458 Mr. Bartholomew       Responding the another question by                                                                   
                           Representative Whitaker, confirmed that,                                                             
                           in the terms of probability analysis, the                                                            
                           median would in fact decrease.                                                                     
1521 Mr. Storer            Referred to page 7, which outlined                                                                 
                            volatility   models.      He   discussed                                                            
                            sophisticated    tools    to     outline                                                            
                            probabilities.   Their consulting  firms                                                            
                            give over 300 probability scenarios.  He                                                            
                            explained that the way to view this model                                                           
                            was to understand that  their consultant                                                            
                            ran the model for a single year, and that                                                           
                            the model ran  the median  case for  the                                                            
                            next   year.   He    cautioned   against                                                            
                            extrapolating out to  future years.   He                                                            
                            noted that if  one held  a pattern  over                                                            
                            five years, one had a greater probability                                                           
                            of achieving a median return.  The model                                                            
                            represents  a  series  of   single  year                                                            
                            snapshots.   He  pointed  out  that  the                                                            
                            important data was the realized earnings                                                            
                            reserve, as illustrated on  page 8.   He                                                            
                            noted that  the  total earnings  reserve                                                            
                            stated that the median case  resulted in                                                            
                            $500 million remaining in the Reserve. He                                                           
                            stated that in  any given year,  nothing                                                            
                            may be left in the Earnings Reserve.                                                              
 1920 Mr. Storer            Referred to page 9, and noted that there                                                            
                            was a  10 percent  probability that  the                                                            
                            dividend would zero  in any given  year,                                                            
                            not a series  of years.   He also  noted                                                            
                            that  as  oil  revenues   declined,  the                                                            
                            earnings of Fund have increased.                                                                  
 2024 Mr. Storer            Concluded by stating the two points of                                                              
                            view regarding possible futures for  the                                                            
                            Dividend:  the concept that the true way                                                            
                            to compute  the  dividend was  based  on                                                            
                            realized income only; or that  the total                                                            
                            earnings reserve (income and  unrealized                                                            
                            income  or  loss)  was  what  counts  in                                                            
                            dividend payment.   He pointed out  that                                                            
                            the debate  over  these points  of  view                                                            
                            would continue. He noted that  their new                                                            
                            Board and  their  Audit Committee,  with                                                            
                            outside counsel, would be  examining the                                                            
                            correct answer to this issue.                                                                     
 2240 Mr. Bartholomew       Referred to page 10, and pointed out that                                                           
                            the blue income was defined  in statute;                                                            
                            the orange  or  unrealized  portion  was                                                            
                            defined by accounting principals.  These                                                            
                            methods arrive at a different  amount in                                                            
                            the earnings reserve, and are an issue in                                                           
                            the debate.                                                                                       
 2344 Representative Croft Asked whether the statutory intent was                                                               
                            indeed to refer to realized  income, and                                                            
                            not a question of legal interpretation.                                                           
 2349 Mr. Bartholomew       Clarified  that   statute   specifically                                                            
                            excludes unrealized gains and losses  in                                                          
                           the   calculations.     He  noted   that                                                             
                           accounting principles  generally require                                                             
                           examination  of   unrealized  losses  or                                                             
                           gains.      He   conceded   that   legal                                                             
                           interpretations may be required.                                                                   
2449  Representative Croft Asked   whether   adequate  funds   were                                                             
                           available to inflation proof, as well as                                                             
                           for clarification about the definition of                                                            
                           principal.                                                                                         
2512 Mr. Bartholomew       Noted that this policy issue effected                                                                
                           what  was  available  for  distribution,                                                             
                           whether dividends or inflation proofing.                                                           
2551  Co-Chair Williams    Asked   whether   a    change   to   the                                                             
                           distribution formula was being proposed.                                                           
2604 Mr. Storer            Responded that a proposal would be made                                                              
                           to the  new Board  to change  the payout                                                             
                           methodology to the market value method.                                                            
2654 Co-Chair Harris       Reconvened the meeting after a short                                                                 
                           break  and  welcomed   Mr.  Campbell  to                                                             
                           address the Committee.                                                                             
                                                                                                                                
                           DEPARTMENT  OF   MILITARY  AND  VETERANS                                                           
                           AFFAIRS                                                                                          
5724 CRAIG CAMPBELL,       Introduced himself and noted that he had                                                             
      ADJUTANT GENERAL,    Commissioner of  the department  for one                                                             
      COMMISSIONER,        month, as well as being the Adjutant                                                                 
      DEPARTMENT OF        General for the National Guard for the                                                               
      MILITARY & VETERANS  State of  Alaska.  He  introduced Samuel                                                             
      AFFAIRS              Johnson, Assistant Commissioner, Division                                                            
                           of   Homeland  Security   and  Emergency                                                             
                           Services, and  stressed the significance                                                             
                           of this issue to the State.                                                                        
      Mr. Campbell         Referred page one of his handouts (copy                                                              
                           on  file), stating  the  mission of  the                                                             
                           Department:  to  provide relevant, ready                                                             
                           quality forces and services for Alaskans                                                             
                           and  the Nation.    He  noted that  this                                                             
                           mission was broad  to emcompass both the                                                             
                           agency's military and civilian goals.                                                              
2852 Mr. Campbell          Referred to page three outlining the                                                                 
                           reorganization of  the  Department.   He                                                             
                           noted that  the Department  divided into                                                             
                           three sections:  administrative services,                                                            
                           a civilian component (Emergency Services                                                             
                           and Homeland Security), and the military                                                             
                           organization.     He   noted  that   the                                                             
                           difference in  the  current organization                                                             
                           was in its direct connection to the Army                                                             
                           National Guard.  This gave the ability to                                                            
                           respond quickly to a terrorist event.  He                                                            
                           also noted that missile defense had been                                                             
                           re-alligned into  one  agency under  the                                                             
                           Army National  Guard, as opposed  to two                                                             
                           entities.                                                                                          
 3118 Mr. Campbell          Stated   their    mission    priorities:                                                            
                            Homeland   Security;   Recruiting    and                                                            
                            Retention;  Missile  Defense;   National                                                            
                            Guard Transformation;  and the  Veterans                                                            
                            Home.   He explained  that the  National                                                            
                            Guard would  be transformed  to a  joint                                                            
                            army/air operation.                                                                               
 3245 Mr. Campbell          Referred   to   the    chart   outlining                                                            
                            personnel. He noted that, of  over 4,000                                                            
                            members, only  1200  to  1300  full-time                                                            
                            federally paid Active Guard Reserve (AGR)                                                           
                            and technician employees.   He explained                                                            
                            that only 250 were State  employees, and                                                            
                            emphasized the  opportunity to  leverage                                                            
                            Federal Funding for programs.  He pointed                                                           
                            out  that  the  largest   percentage  of                                                            
                            employees were   part  time.    He  also                                                            
                            pointed out volunteers in the staff.                                                              
 3445 Mr. Campbell          Noted that the National Guard was                                                                   
                            changing to include joint operations.  He                                                           
                            highlighted this  as an  opportunity  to                                                            
                            team with the  Army.  He  explained that                                                            
                            the  Fort  Greely  mission  was  one  of                                                            
                            missile defense.  He also noted aerospace                                                           
                            defense, stating his opinion that all air                                                           
                            and space  defense  should be  organized                                                            
                            under the National Guard.  He noted that                                                            
                            in Alaska,  unlike other  states in  the                                                            
                            country, alert aircraft  were under  the                                                            
                            Active  Duty  Force,  rather  than   the                                                            
                            National Guard.  He summarized that  new                                                            
                            mission  goal   of  aerospace   defense.                                                            
                            Examined  whether  operations  at   Fort                                                            
                            Greely could be combined into an army/air                                                           
                            mission.    Proposed  that  this  purple                                                            
                            concept would be more efficient.  He also                                                           
                            noted the goal of remaining relevant with                                                           
                            Active Duty forces.                                                                               
 3821 Mr. Campbell          Referred to Homeland Security Priorities                                                            
                            outlined in the handout (on file).                                                                
 3854 SAMUEL JOHNSON,       Explained that the response portion of                                                              
      ASSISTANT             Homeland Security was similar to that of                                                            
      COMMISSIONER,         Emergency Services, which resulting in                                                              
      DIVISION OF HOMELAND  combining the organizations to  increase                                                            
      SECURITY              efficiency.  In regard to mitigating                                                                
                            crises, he stated that the first step was                                                           
                            to   identify    critical   assets    in                                                            
                            prioritized  order.     Assets  may   be                                                            
                            depleted, and the organization must focus                                                           
                            on what is  most critical.  He  reported                                                            
                            that  the   list   had   recently   been                                                            
                            developed.       He    explained    that                                                            
                            intelligence sharing  was  essential  in                                                          
                           order  to be  proactive.   He  noted the                                                             
                           importance of a vulnerability assessment,                                                            
                           as  well  as  identifying,  in  advance,                                                             
                           forces to address those vulnerable areas.                                                            
                           He stated  that he believed  the Alaskan                                                             
                           Task Force  would be key  in identifying                                                             
                           the forces to protect vulnerabilities.                                                             
4213 Mr. Johnson           Explained Threat Level Procedures.  He                                                               
                           noted  that  this  might change  if  the                                                             
                           country were to go to war.  He explained                                                             
                           that if  the threat levels  changed, the                                                             
                           cost to the State would increase.                                                                  
4257 Mr. Johnson           Discussed   Response    Procedures   and                                                             
                           emphasized the challenge  of outreach to                                                             
                           bush areas in Alaska.  He referred to an                                                             
                           evaluation   of   the  State   Emergency                                                             
                           Coordination Center, which was currently                                                             
                           under-funded.  They  have examined other                                                             
                           ways to  make the  center work  and save                                                             
                           money  through   streamlining  and  made                                                             
                           recommendation to eliminate redundancies.                                                            
                           For example, there existed  in the State                                                             
                           three    terrorism   task    forces;   a                                                             
                           recommendation  was made  to  place  two                                                             
                           groups together, jointly  chaired by the                                                             
                           Commissioner, and  partnering state  and                                                             
                           federal government.                                                                                
4609 Mr. Campbell          Regarding   Recruiting  and   Retention,                                                             
                           discussed  the  intended improvement  in                                                             
                           representing all cultures.  He noted the                                                             
                           priority  of   giving  opportunities  to                                                             
                           Native Alaskans.                                                                                   
                                                                                                                                
                           TAPE HFC 03 - 9, Side B                                                                          
      Mr. Campbell         Noted the commitment to increase the                                                                 
                           percentage of  Native  Alaskan officers.                                                             
                           He noted  that the percentage  of female                                                             
                           officers was better, but  could still be                                                             
                           improved.  He stated his belief that most                                                            
                           female officers were of  lower rank, and                                                             
                           expressed a  commitment to  improve this                                                             
                           number.      Noted   past   waivers   of                                                             
                           requirements to  qualify  individuals to                                                             
                           serve in the National Guard.  Pointed out                                                            
                           a  focus  on  eliminating  obstacles  to                                                             
                          opportunities.                                                                                      
4459 Mr. Campbell          Discussed his creation of a strategic                                                                
                           plan, which had  not been implemented in                                                             
                           the past ten years, and his intention to                                                             
                           act  on that  plan. He  will  publish an                                                             
                           Annual Report, to determine whether goals                                                            
                           had  been  achieved.     He  also  noted                                                             
                           performance  measures  as  an  effective                                                             
                           tool.   He did not  believe that current                                                           
                            performance measures were not reflective                                                            
                            of legislative needs for the department.                                                            
                            Also noted the importance of updating the                                                           
                            web site,  due  to the  demographics  of                                                            
                            Alaska.                                                                                           
 4245 Mr. Campbell          Referred  back   to   Missile   Defense,                                                            
                            outlined in the handout.  President Bush                                                            
                            has accelerated initial deployment of the                                                           
                            program.   He pointed  out an  issue  of                                                            
                            inadequate housing at Fort Greely.  Also                                                            
                            noted the  proposed railroad  connection                                                            
                            from Fairbanks to  Fort Greely,  stating                                                            
                            his position that, in terms of security,                                                            
                            a  railway  connection  was  easier   to                                                            
                            contain than a road.  He  also explained                                                            
                            that power  for Ft.  Greely was  ongoing                                                            
                            issue and that additional materials might                                                           
                           be required.                                                                                       
 4008 Co-Chair Harris       Referred to a resolution for extending                                                              
                            the railroad  to  Ft. Greely;  he  asked                                                            
                            whether military had been contacted.                                                              
 3925 Mr. Campbell          Confirmed that a discussion had been                                                                
                            ongoing and the railroad was  favored by                                                            
                            the military and railroad.                                                                        
 3835 Mr. Campbell          Outlined key issues as listed on the                                                                
                            handout.   Stated that,  if the  federal                                                            
                            program  were  to  be  funded  based  on                                                            
                            population, Alaska would not fare  well.                                                            
                            He stated his opinion that funding should                                                           
                            be based  on  other  factors,  and  that                                                            
                            Alaskans needed to be part of discussion.                                                           
                            He   stated    that    their    civilian                                                            
                            technicians' union  contract expired  in                                                            
                            2000.  He explained that the contract may                                                           
                            open for  negotiations by year-end,  but                                                            
                            that no problems were anticipated.                                                                
 3647 Mr. Campbell          Discussed the C12 Accident Lawsuit                                                                  
                            Settlement,  and  stated  that   current                                                            
                            negotiations would likely settle without                                                            
                            litigation.                                                                                       
 3623 Co-Chair Harris       Noted that legislation was pending to                                                               
                            help with settlement.                                                                             
 3552 Mr. Campbell          Emphasized the important issue of Army                                                              
                            Aviation Property  Accountability.    He                                                            
                            referenced a  previous investigation  of                                                            
                            parts related to the twin otter aircraft                                                            
                            of the Army National Guard. Some of  the                                                            
                            parts  were  handled   through  improper                                                            
                            channels; the investigation revealed $1.2                                                           
                            million in missing parts.  He stated that                                                           
                            the report will  soon be  closed and  an                                                            
                            action plan  developed to  prevent  this                                                            
                            from occurring again.                                                                             
3441 Mr. Campbell          Mentioned Deferred Maintenance.  He will                                                             
                           discuss this during the budget process.                                                            
3416 Mr. Campbell          He noted the Kulis Base Lease.  Federal                                                              
                           military   base   construction   funding                                                             
                           required  25  years  on   a  base  after                                                             
                           approval  on  a  project  is  completed.                                                             
                           They have negotiated with the airport to                                                             
                           extend  lease in  order  to continue  to                                                             
                           receive construction funds, as well as to                                                            
                           discuss long-term solutions.                                                                       
3313 Mr. Campbell          Discussed the Missile Defense Program.                                                               
                           Concluded that he foresaw a challenge in                                                             
                           meeting  program   goals   with  current                                                             
                           resources.  Assured  the Committee that,                                                             
                           although vacancies may  remain higher in                                                             
                           short term, no mission deficiencies would                                                            
                           occur.   He  noted that  disaster relief                                                             
                           would require supplemental requests.                                                               
3127 Mr. Campbell          Discussed the priority of three proposals                                                            
                           regarding Veterans Home,  including one,                                                             
                           which would be managed  by a health care                                                             
                           provider. They will research and present                                                             
                           a proposal.                                                                                        
3037 Co-Chair Harris       Asked whether they were working with LB &                                                            
                           A about Veterans Home study.                                                                       
3015 Mr. Campbell          Responded that he would research that                                                                
                           answer.                                                                                            
2956 Representative        Asked whether Mr. Campbell foresaw a                                                                 
      Stoltze              change in the policy of the current                                                                  
                           administration with regard  to Emergency                                                             
                           Services  as  they pertain  to  economic                                                             
                           emergencies.                                                                                       
2939 Mr. Campbell          Acknowledged that the previous year                                                                  
                           contained  a  great number  of  disaster                                                             
                           declarations.  He noted  that it was the                                                             
                           Governor's option  to declare disasters.                                                             
                           His  new  team  would  work  with  local                                                             
                           communities     to    determine     best                                                             
                           resolutions.                                                                                       
3855 Representative        Asked if we should consider a Coast Guard                                                            
      Gruenberg            facility at Dutch Harbor.  He also                                                                   
                           recommended  recruiting minorities  from                                                             
                           urban as well as rural areas.                                                                      
2756 Mr. Campbell          Agreed that recruitment should occur in                                                              
                           all areas.   He  responded that  an ROTC                                                             
                           program in Alaska was being discussed as                                                             
                           a   solution  to   increasing  coastland                                                             
                           security.                                                                                          
3636 Representative        Questioned the practicalities of working                                                             
      Stevens              between branches of military service.                                                              
2529 Mr. Campbell          Emphasized   that  the   services   work                                                             
                           together but  are paid  separately. Each                                                           
                            commander    makes    the    appropriate                                                            
                            decisions.  Command   and  control   can                                                            
                            operate together. He pointed out that the                                                           
                            Homeland   Security   Task   Force   has                                                            
                            demonstrated partnership ability.                                                                 
      ADJOURNMENT           The meeting was adjourned at 4:33 PM                                                              
                                                                                                                                

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