Legislature(2001 - 2002)
01/23/2002 01:45 PM House FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE FINANCE COMMITTEE
January 23, 2002
1:45 P.M.
TAPE HFC 02 - 11, Side A
TAPE HFC 02 - 11, Side B
TAPE HFC 02 - 12, Side A
CALL TO ORDER
Co-Chair Mulder called the House Finance Committee meeting
to order at 1:45 P.M.
MEMBERS PRESENT
Representative Eldon Mulder, Co-Chair
Representative Bill Williams, Co-Chair
Representative Con Bunde, Vice-Chair
Representative Eric Croft
Representative John Davies
Representative Richard Foster
Representative John Harris
Representative Bill Hudson
Representative Ken Lancaster
Representative Carl Moses
Representative Jim Whitaker
ALSO PRESENT
House Speaker Brian Porter; Representative Joe Green;
Stephanie Cole, Administrative Director, Alaska Court
System; Chris Christensen, Deputy Administrative Director,
Alaska Court System; Bruce Botelho, Attorney General,
Department of Law; Kathryn Daughhetee, Director, Division of
Administrative Services, Department of Law; Joseph Perkins,
Commissioner, Department of Transportation and Public
Facilities; Nancy Slagle, Director, Division of
Administrative Services, Department of Transportation and
Public Facilities; Barbara Ritchie, Deputy Attorney General,
Civil Division, Department of Law; Dean Guaneli, Chief
Assistant Attorney General, Department of Law; Larry Cohn,
Executive Director, Alaska Judicial Council.
TESTIFIED VIA TELECONFERENCE
Marla Greenstein, Executive Director, Alaska Commission on
Judicial Conduct, Anchorage.
GENERAL SUBJECT(S):
Missions and Measures Reports:
Alaska Court System
Department of Transportation & Public Facilities
Department of Law
The following overview was taken in log note format. Tapes
and handouts will be on file with the House Finance
Committee through the 22nd Legislative Session, contact 465-
2156. After the 22nd Legislative Session they will be
available through the Legislative Library at 465-3808.
LOG SPEAKER DISCUSSION
TAPE HFC 02 - 11
SIDE A
000 Co-Chair Mulder Convened the House Finance Committee
meeting at 1:45 P.M.
ALASKA COURT SYSTEM
035 STEPHANIE J. COLE, Provided the Committee with a handout.
ADMINISTRATIVE [Copy on File]. She noted that the
DIRECTOR, ALASKA Alaska Court System is the main
rd
COURT SYSTEM institution within the 3 branch of
government along with the Alaska Judicial
Council and the Alaska Commission on
Judicial Conduct. They represent on 1.2%
of the total state budget.
050 Ms. Cole Stated that the mission of the Alaska
Court System is to provide an accessible
and impartial forum for the just
resolution of all cases that come before
it, and to decide such cases in
accordance with the law, expeditiously
and with integrity.
055 Ms. Cole The Court System's primary business is
dispute resolution; the last year 155,300
new cases were filed within the trial
courts, which is a 1.2% increase from
last year.
100 Ms. Cole The caseload in Palmer continues to grow
at an alarming rate, attributable to the
high population growth rate in that area.
That area is currently understaffed.
Anchorage resources were redirected to
Palmer and that has been a drain on the
other locations that look to Anchorage
for assistance.
108 Ms. Cole Noted that the legislature did not adopt
specific measures for the Court System.
The Constitution provides that the
judicial branch is self-administering.
119 Ms. Cole The core function of a court system is to
resolve disputes. The disputes are
presented to the court system in the form
of cases filed, and the court has no
control over the type or quantity of the
cases that are filed.
134 Ms. Cole Timeliness of the court's handling of its
business is an extremely important
factor. Timeliness is often examined
because it is a measure that lends itself
to being quantified, where other aspects
of dispute resolution are much more
difficult to quantify and measure.
150 Ms. Cole Stated that the judicial conference,
which all judges are, required to attend,
methods successful judges use to monitor
and expedite cases in the face of common
obstacles.
160 Ms. Cole Noted that the courts do not currently
have the ability to collect the
information about cases to compare with
the time standards. She advised that
they operate with an antiquated computer
system that collects only minimal
information about the caseload. This is
only a temporary situation. The
Legislature appropriated funds in the
last tow fiscal years to allow the Court
System to purchase a modern, management
system.
185 Ms. Cole The current projections are that the new
system should be functional statewide in
approximately two years. It will produce
statistical data that can provide
meaningful information to use in the
management effort. She noted the changes
that had been adopted in SB 172 requiring
the Court System to make available
several categories of information,
including the "average, mean, minimum and
maximum time periods between initial
receipt and final disposition of cases
classified by courts and each justice,
judge and magistrate"
210 Ms. Cole Advised that the new system should be
able to provide the requested
information.
215 Ms. Cole Efforts to set standards and collect data
about timeliness have extended to the
appellate courts also. That court
operates on a different and more
comprehensive case management system than
the trial courts. The supreme court last
year adopted appellate time standards
governing the time after submission of
civil appeals to the court, which is the
period of time for which the court is
directly responsible. Statistics
complied on cases indicate that the court
is close to meeting its new time
standards in all civil cases and is
beating those standards in expedited
appeals.
228 Ms. Cole The most concrete time measurement
currently exists in criminal cases. A
defendant with a felony, a misdemeanor or
a violation has the right to be brought
to trial within 120 days. 73% of the
total caseload had to be managed in a way
that ensured that a judge and a courtroom
would be available for trial within 120
days, if the defendant wished. The
penalty for failure to comply with the
speedy trial rule is dismissal of the
case.
250 Ms. Cole Pointed out that only 2 felonies and 2
misdemeanors were dismissed because of
speedy trial violations. Given the
numbers involved, those four cases
represent a small fraction of a percent
of the total cases handled by the court
during the year. She mentioned a
timeliness measure that relates to
judicial officers. Every justice, judge
and magistrate must submit an affidavit
to the Department of Administration each
pay period, swearing that no matter
referred to the judicial officer for
opinion or decision has been uncompleted
or undecided for more than six months.
If the officer cannot complete the
affidavit, his or her paycheck is
withheld until such time as the matter
under advisement is resolved.
262 Ms. Cole Touched budget increments requested. She
referenced Page 11 - total increment of
$7.533, a request for second year funding
for HB 172 for the therapeutic courts
projects in Anchorage and Bethel.
Additionally, a request for $680 thousand
dollars to compensate for the increase in
the Judicial Retirement System rate
assessed against the court system. The
funding request would be used to meet the
non-negotiable cost, which is outside the
Court's control.
285 Ms. Cole Spoke to Court Security measures. The
budget includes funds to make the Courts
secure. The responsibility for providing
courthouse security falls to the
Department of Public Safety. However,
that Department has not been funded at a
level that allows it to provide the
courthouse security service it knows is
warranted. She reiterated that the State
is not providing adequate security for
judges and jurors.
302 Ms. Cole Stressed any reasonable person could feel
a threat with the current level of
security.
308 Vice-Chair Bunde Asked about the channeling back of fines
and if the Court withdrew an
administrative fee.
317 Ms. Cole Responded that there are a number of fees
associated with the collections, however,
there are not service fees to the
participants.
321 CHRIS CHRISTENSEN, Added that there used to be a law on the
STAFF COUNSEL, books, which required the court system to
ALASKA COURT SYSTEM collect money from the municipalities
when the municipalities utilized court
services, however, the Legislature
repealed that law in the early 1980's. It
became difficult to collect that money
during those days. Any change would need
to be done through statute and drafted
clearly.
335 Vice-Chair Bunde Surmised that court costs could be
collected in civil action cases but not
in criminal action cases.
336 Mr. Chris Replied that costs are not assessed for
the use of a judge, jury or courtroom for
either civil or criminal cases.
338 Co-Chair Mulder Asked how much was collected and given
back to the municipalities.
342 Mr. Chris Replied that the accounting department
was small and not real efficient.
345 Co-Chair Mulder He thought it was fairly efficient.
350 Representative Referenced the $1.5 million salary
Hudson request. He asked if the court system
has had to follow the same increments
that the Administrative side of
government has followed over the past 3
years.
355 Ms. Cole Replied that the court system is not
unionized and that they are non-covered
State of Alaska employees. They do not
enter into the negotiations. The 3% is
based on cost-of-living increase.
361 Ms. Cole She stressed that the court system have
gone a long time without a pay raise. It
is becoming increasingly difficult to
hire and retain Court employees at this
time. It used to be a good job, but
currently it is very difficult to hire
and retain.
375 Representative Asked the comparison or benchmark used.
Lancaster
376 Ms. Cole Replied that the 3% was the negotiation
used for the Department of Administration
and this is the first year that the
Alaska Court System is preparing a
separate request.
386 LARRY COHN, Disbursed a handout to Committee members.
EXECUTIVE DIRECTOR, [Copy on File]. He noted that he was the
ALASKA JUDICIAL new director of the council.
COUNCIL
399 Mr. Cohn He stated that the Alaska Judicial
Council has constitutional and statutory
duties in three general areas. The
council screens applicants for judicial
vacancies and nominates the most
qualified applicants to the governor for
appointment. The council is required by
law to evaluate the performance of judges
who are to appear on the ballot and must
make performance information and
recommendations available to the public.
The counsel conducts studies and makes
recommendation to improve the
administration of justice in Alaska.
415 Mr. Cohn The council is submitting a continuation
budget at the same level of the FY02
budget. Two increments have been
requested. Also, the Council is
submitting a continuation of the $30
thousand dollar pass through grant to the
Courtwatch program sponsored by Victims
for Justice.
433 Mr. Cohn Listed the tasks within the continuation
budget and what the Council accomplished
in the past year and the anticipated
completion in the coming years. He
highlighted the judicial selection.
447 Mr. Cohn The second item is the judicial
retention/evaluation. The State
Constitution requires each judge
periodically to stand for retention at a
general election. The length of the term
varies with the judicial position.
458 Mr. Cohn The Council sends detailed surveys to all
officers in the State. The Council also
surveys jurors who sat on cases before
the judges in the preceding two years.
The council will review all
questionnaires submitted. As part of the
retention process, the Council will
analyze appellate affirmance and reversal
rates, compile records on peremptory
challenges filed against the judge, and
encourage public hearings.
464 Mr. Cohn The Supreme Court has asked the Judicial
Council to evaluate the performance of
standing masters and magistrates in
Alaska. The evaluation will be shared
with the magistrates and masters and with
their supervisors to encourage
improvement in performance.
469 Mr. Cohn The Judicial Council is obligated by
Court rule to evaluate retired judges who
wish to serve pro tem. The council
conducts its evaluation by using a
somewhat briefer survey than that
designed for sitting judges.
472 Mr. Cohn The third area of responsibility is to
provide research to improve the quality
of justice statewide. Mr. Cohn mentioned
the criminal justice process study just
completed.
480 Mr. Cohn Spoke to the criminal justice Council.
The Council has provided cost-
effectiveness data for the legislature,
worked with agencies to reduce prison
over-crowding, and coordinated policy
with its various members. They will
continue the work in the ensuing fiscal
year and will report periodically on
progress made toward implementing the
recommendations.
490 Mr. Cohn Civil case data. In 1997, the
legislature passed tort reform
legislation that included a requirement
that attorneys provide information
concerning the resolution of many types
of civil cases to the Council. The
requirement was intended to provide
information necessary to an informed
public discussion of tort reform.
500 Mr. Cohn Evaluating the therapeutic justice
projects underway. Felony drug court
program in Anchorage. Wellness court in
Anchorage and the court coordinated
research project.
505 Mr. Cohn Mentioned evaluation of the therapeutic
justice projects. The projects are
intended to reduce recidivism and reduce
the cost of incarceration. In the past,
the Council has designed databases,
established research agreements, and
coordinated the collection of data with
which to analyze the various therapeutic
projects.
515 Mr. Cohn Criminal justice Computer System
Coordinator. The Council's work with
criminal justice agencies to develop a
plan to coordinate and integrate Alaska's
criminal justice computer system.
522 Mr. Cohn Stated that the Council was involved in a
number of committees to increase public
outreach with the court system and
improve judicial education.
Victim's handbook
Guide to criminal justice system
Internet Bar survey
Increment Pro Se study
He pointed out that 60-80% of the cases
involve one or more pro se litigants.
The study would quantify the percentages
and types of civil cases in Alaska that
involve self-represented litigants.
AJC report to legislature and supreme
court.
Committee work to increase public
outreach.
534 Representative Asked the definition of recidivism that
Davies would be used by the Council.
538 Mr. Cohn Stated that the defendants would be
measured against all conduct that they
have with the criminal justice system.
There will be a number of comparisons
depending on what is being addressed with
respect to the therapeutic justice
project. The defendants will be
evaluated after they go through the
project, the number of times that they
have contact with the criminal justice
system after they go through the process
compared to what they did before.
Additionally, they will be compared to
those that did not participate in the
project.
551 Representative Pointed out that Commissioner Pugh had
Davies referenced a three-year measure. He
thought that was a short period of time
to arrive at balance for data.
554 Mr. Cohn Agreed that it was a short period of time
because you have to wait for the person
to complete the therapeutic program,
which is a minimum of one year. There
needs to be at least a year to study
their recidivism after they complete the
project. He claimed that it is difficult
to project the expense. It is intended
to be followed up if there is sufficient
funding to do that.
563 Co-Chair Mulder Understood that the purpose of the study
was because of the performance standards,
which had been added to the bill to
provide a comparison of the general
effectiveness. He stated that the
consideration of further funding should
not be determined by word of mouth
determinations.
571 Representative Referenced the 3% salary increase. He
Hudson asked if that had been negotiated with
the Council.
578 Mr. Cohn Offered to provide that information, as
he did not know. He reminded members
that he was new to the position. He
mentioned that the staff employee who
works 80% of the time and has worked for
37 years for the State. That employee is
the most competent on the staff and is an
oracle of information.
590 MARLA GREENSTEIN, Provided a handout to Committee members.
EXECUTIVE DIRECTOR, [Copy on File]. She noted that the
ALASKA COMMISSON ON Judicial Conduct Commissioner
JUDICAL CONDUCT responsibility was to handle ethic
complaints against judicial officers.
She addressed the role of the Commission,
which is the smallest agency in the
smallest branch with the smallest budget.
She noted that they consist of a two
person staff. All internal time
measurement standards have been met.
597 Ms. Greenstein Addressed the Pre-charging process. She
noted that the Commissioner is
conservative fiscally. The actual
expenditures are in excess of the
authorized expenditures and required
supplemental funding. This year there
will be small supplemental request. The
requests are attributable to attorney
fees. Attorneys are hired on contract on
an on-need basis. The increments are
always small.
TAPE HFC 02 - 11, Side B
008 Ms. Greenstein She noted that the budget would reflect a
salary adjustment. She understood that
the request was a response to the
increased pay request. Ms. Greenstein
offered to answer questions of the
Committee.
590
DEPARTMENT OF TRANSPORTATION & PUBLIC
FACILITIES
588 JOSEPH PERKINS, Provided a handout to Committee members.
COMMISSIONER, [Copy on File].
DEPARTMENT OF
TRANSPORTATION AND
PUBLIC FACILITIES
576 Commissioner Perkins Addressed the responsibilities of the
Department, which is to develop, operate,
maintain and manage facilities, vehicles
and transportation mode within the State.
567 Commissioner Perkins Outlined the Department's major
accomplishments: Awarded the
construction contract for "C" concourse
at the Ted Stevens Anchorage
International Airport within budget.
Awarded the contract for the design and
construction of the first 2 fast vehicle
ferries to implement the Southeast Alaska
Transportation Plan. And with assistance
from the Department of Law, Department of
Transportation & Public Facilities
reached settlement on the $46 million
dollar Kennicott claim that cost about
$500 thousand dollars. Alaska was the
1st State to get the airports back on
line after 9-11.
555 Commissioner Perkins Mentioned that the State scored high
against other DOT's in other States for
performance. Alaska has stacked up well,
however, we need to continue to
concentrate on the mediocre roads and
move a larger percentage of them into
"good" category. He maintained that the
State could do that by repaving those
roads.
542 Commissioner Perkins Mentioned the many national awards that
have been bestowed upon DOT employees and
the projects.
535 Commissioner Perkins Tom Moses and the Whittier Tunnel
received an additional award last year.
The prestigious American Society of Civil
Engineers 2001 outstanding civil
engineering achievement award. Also,
team awards (AASHTO Team) were given to
the Department in Alaska has excelled.
510 Commissioner Perkins Highlighted the performance measures
listed in HB 250.
514 Commissioner Perkins 1. The percentage of divisions that reach
assigned performance measures.
510 Commissioner Perkins 2. The percentage of State national
highway system land miles of road that
meet standards of the American
Association of State Highway and
Transportation officials.
500 Commissioner Perkins 3. The percentage of requested
engineering firm audits and desk reviews
completed in the previous fiscal year.
495 Commissioner Perkins 4. The percentage of required compliance
reviews for responsiveness to
disadvantaged business enterprise and one
the job training contract requirements
completed.
492 Commissioner Perkins 5. the average time taken to respond to
complaints and questions that have been
elevated to the commissioner's office.
486 Commissioner Perkins 6. Whether the average time for payment
to vendors is 29 days or less.
481 Commissioner Perkins 7. How long it takes the division to
process a purchase request before the
order is placed.
476 Commissioner Perkins 8. The percentage of protest and claims
appealed to the commissioner that courts
overturned during the fiscal year.
466 Commissioner Perkins 9. The percentage reduction in payroll
calculation errors.
460 Commissioner Perkins 10. The number and dollar value of
planned projects that are constructed as
a percentage of the value of projects on
the needs list and the number proposed.
455 Commissioner Perkins 11. The percentage of required federal
planning, programming, and data
collection completed and accepted by the
US Department of Transportation on a
federal fiscal year basis.
449 Commissioner Perkins 12. The number of motor vehicle crashes
during the fiscal year at which serious
injury or fatality occurred.
440 Commissioner Perkins 13. The percentage of federal highway
funds obligated in the previous federal
fiscal year.
430 Commissioner Perkins 14. The percentage of projects in the
capital budget that have been bid in the
year programmed.
425 Commissioner Perkins 15. The percentage of total project costs
spent on project development.
420 Commissioner Perkins 16. The percentage difference between
final project estimates and construction
bids.
418 Commissioner Perkins 17. Whether the Department is successful
in requiring private contractors
performing design and engineering
services for the State to report on the
same measures.
413 Commissioner Perkins 18. The percentage of the design and
engineering work on the division that was
performed by private contractors.
410 Commissioner Perkins 19. The percentage of the total
construction costs that were spent on
contract administration.
400 Commissioner Perkins 20. The percentage of the total
construction costs that were spent on
change orders.
395 Commissioner Perkins 21. Whether the net value of facilities
deferred maintenance increases or
decreases annually.
390 Commissioner Perkins 22. The percentage of facility mechanical
systems that pass safety inspection each
year.
385 Commissioner Perkins 23. The percentage of rural airport
leases that are renewed or newly leased
at fair market value during the fiscal
year.
380 Commissioner Perkins 24. The transfer of state-owned ports and
harbors to local control.
374 Commissioner Perkins 25. Whether 80 percent of the fleet wet
rentals are returned to the Division as
scheduled for preventive maintenance
on/or before June 30 of the fiscal year.
361 Commissioner Perkins 26. The average down time for light duty,
actively used equipment urban areas.
355 Commissioner Perkins 27. The number of locations of the State
equipment fleet whose rates are equal to
or less than the rental rates published
in industry guidebooks.
345 Commissioner Perkins 28. Commercial vehicle safety inspection
per full time equivalent employee of the
Division.
335 Commissioner Perkins 29. Weighing and measuring device
inspections conducted per full-time
equivalent employee of the Division.
330 Commissioner Perkins 30. The number of miles of gravel roads
that are surfaced with chip seal, hot
mix, or high float asphalt for the first
time, reported regionally.
309 Commissioner Perkins 31. The percent of highway and airport
lane miles per full-time-equivalent
employee compared to the average of
member states of the western associations
of state highway and transportation.
299 Commissioner Perkins 32. The number of miles of road
maintenance for which responsibility is
transferred to local governments.
277 Commissioner Perkins 33. Whether the Department fully
implements the maintenance management
system statewide by June 30, 2003.
266 Commissioner Perkins 34. Whether the Department maintains the
pavement condition index (PCI) at 70 for
runways and 60 for taxiways and aprons at
every applicable rural airport 99 percent
of the time.
246 Commissioner Perkins 35. Whether the Department completes the
environmental impact statement phase on
the Ketchikan Airport access by December
31, 2001.
235 Commissioner Perkins 36. The percentage of private maintenance
contracts at non-certified airports
compared to the total number of non-
certified airports.
225 Commissioner Perkins 37. Whether the Department maintains the
100 percent pass level of annual federal
airport certification inspections for
response and safety standards set out in
federal aviation regulations.
216 Commissioner Perkins 38. The annual increase or decrease,
expressed as a percentage, in cargo
landings at the international airports
measured on a 3-year rolling average.
208 Commissioner Perkins 39. Whether the Department completes the
gateway Alaska terminal redevelopment
projects by September 1, 2004.
184 Commissioner Perkins 40. The percentage of airports that have
a federal aviation administration
approved airport layout plan
179 Commissioner Perkins 41. The percentage of times that the
marine highway vessels depart on time.
174 Commissioner Perkins 42. The revenue per rider mile divided by
the operational costs per rider mile.
163 Commissioner Perkins 43. The total rider-ship, including
passengers and vehicles, compared to the
five-year rider-ship average.
151 Commissioner Perkins 44. The average onboard revenue per
passenger including cabin occupancy food,
beverage and other sources of revenue.
139 Commissioner Perkins 45. The percentage of persons served by
the Alaska Marine Highway System, who are
satisfied customers.
131 Commissioner Perkins Made wrap up comments regarding the
missions and measures. He noted that
there would be $200 billion federal
dollars available for all states work
projects. He reiterated his appreciation
of the work done by the employees of his
Department. He voiced his appreciation of
the vote in support of the Garvee bonds
last year, which was a priority of the
Department.
094 Commissioner Perkins He provided the Committee with a
"Missions and Measures Report Card" and
asked that the legislature provide a
grade. He noted that the Department has
graded themselves with a B+ on that
report.
73 Vice-Chair Bunde Asked what could be done to encourage
municipalities to take over state road
maintenance.
062 Commissioner Perkins Responded that municipalities fear the
expense of maintaining lane miles. He
stated that an increase in revenue
sharing for highways would help to
encourage such a transfer. He noted that
the State is not reimbursing
municipalities for the full (or even
close) to the maintenance costs.
33 Representative Observed that there have been indications
Hudson that federal funds would be reduced in
response to what happened on 9/11/01. He
asked if the State match could be
increased.
021 Commissioner Perkins Pointed out that the level of federal
funds is dependent on the level of the
Trust Fund. T21 indicates that 90
percent must be appropriated. He did not
think that this would change. The amount
available ($200 billion to the states in
the next year) will depend on how much
gas people buy. He did not see that
declining in the future. The
authorization bill must be watched. The
State of Alaska receives approximately 1
percent of that money. Alaska should be
able to hold the 1 percent. The amount
increases with the use of gas. It's too
popular to decrease. He believed that
there would be a gradual increase in the
amount received.
TAPE HFC 02 - 12, Side A
052 Representative Asked the cost of completing the EIS on
Hudson the Lynne Canal route.
67 Commissioner Perkins Replied it would cost about $1 million
dollars.
72 Representative Asked about information on the ferry
Davies settlement.
Commissioner Perkins The claim amounted to $48 million
dollars. It was turned in as a cost plus
contract. They claimed that the change
in work orders resulted in an increased
cost. The State was found to owe
approximately $500 thousand dollars out
of the $48 million dollar claim. It was a
weak claim.
97 Representative Asked how much of the costs for increased
Davies security were covered by the federal
government.
105 Commissioner Perkins Did not think that all the costs would be
covered. He thought that the State could
recover a good portion. He would like to
recover costs for security measures at
airports from FAA. Commissioner Perkins
voiced concern with costs for police. He
thought that the State could receive
80/20. The new security is still in FAA,
but will be transferred to a new entity.
The new organization charged with
dispensing funds will not be existence
for several months.
142 Representative Questioned how long deferred maintenance
Lancaster could be deferred.
155 Commissioner Perkins He did not think there would be other
buildings collapsing. People have been
pulled out of at least 4 buildings. He
discussed a building in Nome, which was
built in 1943.
172 Representative Croft Referenced the Whittier tunnel project
and asked what made it so remarkable.
180 Commissioner Perkins Noted that it is the only tunnel in the
US that is a one lane and services cars
and trains. It is the longest train and
car tunnel in the US. There are 8 safe
rooms. It has current technology with
jet fans at each end. The floor in the
tunnel is heated to prevent ice build up.
DEPARTMENT OF LAW
210 BRUCE BOTELHO, Reviewed the Department's mission. He
COMMISSIONER, discussed the handout. [Copy on File].
DEPARTMENT OF LAW The mission of the Department is to
provide legal services to State
government and to prosecute crime.
235 Commissioner Botelho Pointed out that it is difficult to find
measures for lawyer output. Most measures
compare the workload. The Department of
Law cannot not control their workload.
There has been a slight increase in the
domestic violence assault cases.
245 Commissioner Botelho The number of felony drug prosecutions
has decreased slightly. He reviewed the
prosecutions for other offenses.
261 Commissioner Botelho Spoke to the number of new criminal cases
reviewed for prosecutions.
270 Representative Croft Commented that the measures do not seem
to provide the needed information.
282 Commissioner Botelho Noted that conviction rates are sometimes
reviewed along with the number of plea
bargains. There are many variables. He
spoke to the use of billable hours and
the quality of work on an individual
lawyer basis.
302 Representative Croft Asked about the plea bargain measure in
domestic violence and sexual assault
cases.
308 Commissioner Botelho However, the State does not want to see
settlements take place because we are
afraid that pushing the case might loose.
He stressed that we must rely upon the
integrity of the system.
325 Representative Croft Reiterated that the measures do not tell
the Legislature much.
330 Co-Chair Mulder Asked how to address the mission of
prosecuting crime and looking at the
goal.
337 Commissioner Botelho Civil Division - efforts to collect oil
and gas taxes and royalties that are due.
He added that the State is slightly ahead
of 2001 in collecting those disputed
taxes. The number continues to fluctuate
during the years.
359 Commissioner Botelho Mentioned the collection of civil and
criminal judgments. The Department has
made great progress internally. This
year, the Department has collected about
$3.1 million dollars. The Department
continues to pursue judgments for the
State. He commented on the garnishment of
the permanent fund dividends.
374 Commissioner Botelho The civil division does work for the
agencies by type-case; he referenced Page
7 of the handout. He noted that the
general litigation has declined over the
last several years. He mentioned the
peaking child support proceedings within
the Child Support Enforcement Division.
392 Co-Chair Mulder Observed that "oral advice" has dropped
off significantly over the past ten
years.
398 Commissioner Botelho The change has happened with the manner
in which the file is opened. Now, a new
file is not opened each time for an
agency, but rather the file just remains
open.
409 Commissioner Botelho He added that the area of child abuse and
neglect funding over the past years has
increased so that there would be adequate
protection. He highlighted the number of
new cases opened relating to protecting
children in the State against abuse and
neglect. He pointed out that there are
30% more cases in Anchorage that there
were six years ago.
420 REPRESENTATIVE JOE Asked if that was a trend in per capita.
GREEN
424 Commissioner Botelho Explained that there is a combination of
factors. He thought it could be the lack
of intervention, caseload management and
staffing and an increase in per capita.
435 Commissioner Botelho Added that the Department continues to
work on the placement and permanency
backlog measures. He referenced the 86%
of the total Balloon project placement of
children. He emphasized that was a high
priority.
448 Co-Chair Mulder Asked if the State was finished with the
Balloon project.
451 Commissioner Botelho He commented that the State is basically
finished with it, however, they were
continuing to move those cases through
the Department. There are about 1600
cases in play. He agreed that the
Department is coming to a conclusion of
the project.
460 Representative Understood that the Department of Health
Davies and Social Services thought that the
project is working and that they expected
to see it continued.
467 Co-Chair Mulder Replied that it was a one-time funding.
He stressed that if the backlog has been
resolved, then is there a new backlog.
471 Commissioner Botelho Stressed that there will always be a
continuing need to make placements.
480 Co-Chair Mulder Expressed his concern that the project
has cycled back into a bigger budget
request.
483 Commissioner Botelho Noted that he did not need to point out
anything in the Division of
Administrative Services. He offered to
answer questions of the Committee.
488 Co-Chair Mulder Requested that the subcommittee overview
all these requests and the
accomplishments of the Department.
496 Co-Chair Mulder ADJOURNMENT: The meeting was adjourned
at 3:53 P.M.
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