Legislature(2001 - 2002)

01/23/2002 01:45 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ 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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