Legislature(2023 - 2024)BUTROVICH 205
02/07/2024 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| Overview: Summary of Findings on EO 133 and E0 135 | |
| EO 133 Eliminating the Criminal Justice Information Advisory Board | |
| EO 135 Eliminating the Alaska Safety Advisory Council | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
February 7, 2024
1:36 p.m.
MEMBERS PRESENT
Senator Matt Claman, Chair
Senator Jesse Kiehl, Vice Chair
Senator Löki Tobin
MEMBERS ABSENT
Senator James Kaufman
Senator Cathy Giessel
COMMITTEE CALENDAR
OVERVIEW: SUMMARY OF FINDINGS ON EO 133 AND EO 135
- HEARD
EO 133 ELIMINATING THE CRIMINAL JUSTICE INFORMATION ADVISORY
BOARD
- HEARD
EO 135 ELIMINATING THE ALASKA SAFETY ADVISORY COUNCIL
- HEARD
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
BREANNA KAKARUK, Staff
Senator Matt Claman
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the summary of findings on EO 133
and EO 135.
LISA PURINTON, Director
Division of Statewide Services
Department of Public Safety (DPS)
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the hearing on EO
133.
ELAINE BANDA, Chief
Consultation and Training Section
Alaska Occupational Safety and Health (AKOSH)
Labor Standards and Safety Division
Department of Labor and Workforce Development (DOLWD)
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the hearing on EO
135.
ACTION NARRATIVE
1:36:25 PM
CHAIR MATT CLAMAN called the Senate Judiciary Standing Committee
meeting to order at 1:36 p.m. Present at the call to order were
Senators Tobin, Kiehl, and Chair Claman.
^OVERVIEW: SUMMARY OF FINDINGS ON EO 133 and EO 135
OVERVIEW: SUMMARY OF FINDINGS ON EO 133 and EO 135
1:36:54 PM
CHAIR CLAMAN announced a brief summary of findings, which the
committee requested on:
Executive Order (EO) 133
Eliminating the Criminal Justice Information Advisory Board
(CJIAB)
and
Executive Order (EO) 135
Eliminating the Alaska Safety Advisory Council (ASAC)
He invited Ms. Kakaruk to identify herself for the record and to
present the summary of findings.
1:37:26 PM
BREANNA KAKARUK, Staff, Senator Matt Claman, Alaska State
Legislature, Juneau, Alaska, presented the summary of findings
on EO 133 and EO 135.
MS. KAKARUK paraphrased a Legal Services opinion the committee
received on EO 133, dated January 24, 2024. Article 3, sec. 23,
of the Constitution of the State of Alaska, states, "The
governor may make changes in the organization of the executive
branch or in the assignment of functions among its units which
he considers necessary for efficient administration. Where these
changes require the force of law, they shall be set forth in
executive orders. The legislature shall have sixty days of a
regular session, or a full session if of shorter duration, to
disapprove these executive orders. Unless disapproved by
resolution concurred in by a majority of the members in joint
session, these orders become effective at a date thereafter to
be designated by the governor."
1:38:44 PM
MS. KAKARUK said that this article gives the governor the
authority to issue EO 133. The Senate asked whether EO 133
conforms to art. III, sec. 23, of the Constitution of the State
of Alaska. The Legal Services opinion states, "The short answer
is probably yes." She said EO 133 transfers functions of the
existing board to the Department of Public Safety (DPS) and
makes no statutory changes other than those necessary to
effectuate the reorganization.
MS. KAKARUK reviewed the board's makeup and meeting frequency
and found that the board has nine members and one vacant
position designated for a municipal police officer. The board
has not met since September 12, 2018; before that, it had one
meeting in 2017 and three in 2003. Alaska Statute requires the
board to meet at least once every six months and is scheduled to
meet quarterly.
1:39:40 PM
MS. KAKARUK presented the summary of findings on EO 135
Eliminating the Alaska Safety Advisory Council (ASAC). The
committee received a Legal Services opinion on EO 135, dated
January 25, 2024. The Senate asked whether EO 135 conforms to
art. III, sec. 23, of the Constitution of the State of Alaska.
The Legal Services opinion states, "The short answer is probably
yes" for reasons similar to EO 133.
MS. KAKRUK stated EO 135 transfers the council's functions to
the Department of Labor and Workforce Development (DOLWD) with
no statutory changes other than those necessary to effectuate
the reorganization.
MS. KAKARUK reviewed the council's makeup and the frequency of
its meetings. She said ASAC has 14 positions, nine of which had
appointed members as of 2023. Seven of those terms expire in
2024. Five vacant positions are listed. ASAC meets during the
Annual Governor's Safety and Health Conference. The council's
meeting history includes:
- two meetings in 2023,
- one meeting in 2011,
- one meeting in 2010,
- two meetings in 2009,
- one meeting in 2008, and
- one meeting in 2006.
1:41:04 PM
CHAIR CLAMAN asked whether the council meetings held during the
Annual Governor's Safety and Health Conference were additional
or included in the listed meeting history.
MS. KAKARUK replied that her research showed those meetings were
in addition to the scheduled meetings, and the council was
consistent in meeting at the annual conference.
^EO 133 ELIMINATING THE CRIMINAL JUSTICE INFORMATION ADVISORY
BOARD
EO 133 ELIMINATING THE CRIMINAL JUSTICE INFORMATION
ADVISORY BOARD
1:41:43 PM
CHAIR CLAMAN announced consideration of EO 133 Eliminating the
Criminal Justice and Information Advisory Board.
This is the second hearing of EO 133.
1:42:09 PM
CHAIR CLAMAN opened public testimony on EO 133; finding none, he
closed public testimony.
1:42:38 PM
CHAIR CLAMAN remarked that the findings indicate CJIAB rarely
meets. He asked about the reasons for the committee's prolonged
inactivity.
1:43:15 PM
LISA PURINTON, Director, Division of Statewide Services,
Department of Public Safety (DPS), Anchorage, Alaska, replied
that she reviewed the records and attributed CJIAB's
inconsistent meeting schedule to:
Personnel changes
The department has membership responsibilities for many councils
and boards. Each time a director or commissioner changes, it
disrupts momentum.
Competing priorities
Recent changes in the department have created competing
priorities. For example, the department is in the process of a
significant undertaking with the Criminal Justice Information
Services Modernization System. It is replacing the department's
criminal justice systems that are sitting on a 1980s legacy
mainframe. This is a 5-year endeavor, and DPS is entering year
three of the project. The department has worked with all its
partner organizations during this process. She said it is easier
to reach out to partner organizations and to work through
agencies directly than try to convene board meetings to address
issues. She brought up a committee member's concern related to
the importance of fingerprinting. She said it is easier to reach
out to partner agencies to find solutions than it is to go
through the board process.
1:45:15 PM
CHAIR CLAMAN found no further questions and thanked Ms.
Purinton.
^EO 135 ELIMINATING THE ALASKA SAFETY ADVISORY COUNCIL
EO 135 ELIMINATING THE ALASKA SAFETY ADVISORY COUNCIL
1:45:21 PM
CHAIR CLAMAN announced the consideration of EO 135 Eliminating
the Alaska Safety Advisory Council (ASAC).
This is the second hearing of EO 135.
CHAIR CLAMAN brought up the fiscal impacts of EO 135, stating
the executive order requires the addition of two position
control numbers (PCNs) at an estimated cost of $260,000. He
asked Ms. Banda to provide clarifying commentary on this,
because the discussion of fiscal impacts in the first hearing
were ambiguous.
1:46:32 PM
ELAINE BANDA, Chief, Consultation and Training Section, Alaska
Occupational Safety and Health (AKOSH), Labor Standards and
Safety Division, Department of Labor and Workforce Development
(DOLWD), Anchorage, Alaska, answered that implementing EO 135
would require roughly $263,000 from the general fund. This
amount covers:
Two Positions
• The EO requires the addition of two positions to support the
transition.
• The cost is estimated at $255,000 for personnel services,
specifically:
- a Safety Program Manager or Liaison, range 21 and
- a Project Manager, range 15 or range 18.
Travel Costs
The division would continue to reach out to Alaskans statewide.
Services
Office space, computer, printer, and office supplies.
MS. BANDA explained that the Labor Standards and Safety Division
houses ASAC. The division would remove ASAC and insert a new
safety entity to oversee all the duties outlined in EO 135. She
clarified that the personnel services is roughly $255,000 for
two new positions.
1:49:32 PM
SENATOR KIEHL commented that he hasn't reviewed the budget
documents recently, but there is funding in this allocation now
and a portion comes from conference fees. He asked about the
details of this allocation.
MS. BANDA replied that the conference fees are program receipts
that fund the governor's conference. The amount spent on the
conference must be paid back. She clarified that revenue
generated from conference fees is separate from other funds. She
drew attention to a $26,000 line item in the fiscal note,
stating these funds are designated for ASAC's administrative
support. The new safety entity proposed in EO 135 would absorb
those funds into its personnel services cost, roughly $255,000.
SENATOR KIEHL remarked that the explanation was helpful and he
would review the fiscal document again.
1:51:25 PM
CHAIR CLAMAN conjectured that the division outsources some of
ASAC's work. He asked who does this work and how much the State
pays them.
MS. BANDA replied that ASAC has people who volunteer for just
the [conference]. The problem is that the council has a lot of
duties beyond the conference that have been neglected for many
years. She said the volunteers donate their time to the
governor's conference.
CHAIR CLAMAN interjected, seeking clarification that EO 135
proposes hiring two new executive branch staff to handle the
workload currently performed by volunteer-based workers. He
acknowledged that while volunteers may not accomplish all tasks
due to workload, currently, all duties are fulfilled by
volunteers.
MS. BANDA clarified that the only task the volunteers are
performing is the governor's conference; the volunteers are not
doing other work. She pointed out that the State neither pays
for nor receives work other than administrative support for the
Governor's Safety and Health Conference.
1:53:56 PM
CHAIR CLAMAN sought confirmation that EO 135 proposes more than
eliminating ASAC; it proposes having additional work done by two
State employees that was never done by the council.
MS. BANDA replied the administration proposes to establish an
entity tasked with overseeing the duties outlined in EO 135.
While the division would still utilize volunteers, a State
entity would ensure these duties are carried out. For example,
one role of ASAC is to establish a Safety and Health Plan; this
has not been done. ASAC is responsible for promoting safety and
health in schools and nonprofits statewide; this has not been
done. EO 135 lists 15 duties that have not been accomplished;
therefore, having an entity dedicated to ensuring these
responsibilities get done would benefit Alaska.
1:55:41 PM
CHAIR CLAMAN sought confirmation that the reason for the two new
staff positions is to do work that presently is not being done
at all.
MS. BANDA replied, correct.
1:55:55 PM
Senator Tobin inquired about ASAC staffing and who provides
support to this group of volunteers. Specifically, she asked
whether there is a dedicated staff position responsible for
support or if the work is assigned to staff members as part of
their "other duties as assigned".
MS. BANDA requested clarification about the question.
1:56:28 PM
SENATOR TOBIN restated the question, asking which State employee
is responsible for coordinating the following functions for
ASAC:
• contacting and recruiting members,
• providing updates to members,
• managing state assets and resources for members, and
• performing activities identified by members that require State
involvement or resources.
MS. BANDA referred to the fiscal note with a $26,000 line item,
stating this funding is for one part-time person. She explained
that the position is only used during the Governor's Safety and
Health Conference. Otherwise, no one performs these duties.
1:57:35 PM
SENATOR TOBIN said volunteer management requires a specialized
skill set and a dedicated position. She acknowledged the
significant burden on those who manage volunteers and suggested
one full-time position instead of two to avoid alienating
community members who want to volunteer their time. She
expressed concern about disenfranchising volunteers from
participating in the activities they care about.
MS. BANDA acknowledged those comments but reiterated her concern
that ASAC lacks staff for volunteer outreach and management. The
part-time position is only active during the governor's
conference, and the other ASAC roles are not part of their
duties. When the conference approaches, the part-time person
emails former members to spread the word. Attendance is
voluntary and of the nine active members, only five members show
up. She emphasized that there is no dedicated oversight of these
tasks.
2:00:22 PM
CHAIR CLAMAN opened public testimony on EO 135; finding none, he
closed public testimony.
2:00:53 PM
SENATOR TOBIN emphasized that volunteers who give their time
have value. The Independent Sector, a nonprofit group that
assesses the worth of volunteers nationwide, estimates that an
hour of volunteer work in Alaska is valued at $33.60. This
figure applies to regular volunteers without specific expertise
who contribute to their communities. She stressed the importance
of acknowledging volunteers and that in-kind dollars have a
value.
2:01:34 PM
SENATOR KIEHL shared his budget findings, stating the
legislature authorized about $280,000 in receipts, not general
funds, to the Consultation and Training Section. In 2023, the
Section collected about $111,000, with a portion split between
the part-time employee and the five to nine volunteers. He
raised questions stemming from EO 135:
• Whether the governor is justified in eliminating the
volunteers of the council who serve a role in the governor's
conference.
• Whether the State should pay for two full-time, permanent
State employees to perform the dozen or so tasks assigned to
it but not currently carried out by the council.
SENATOR KIEHL said these are independent questions; it is not a
good idea to conflate them. He pointed out that even if the
executive order takes effect, the legislature does not guarantee
the funding of these two positions. He said it is important to
consider the budget question separately.
2:03:02 PM
CHAIR CLAMAN summarized both executive orders. He said that
Executive Order 133 proposes eliminating an advisory board that
seldom meets and whose functions the department seems to
effectively manage with its current staffing structure.
CHAIR CLAMAN said that EO 135 raises more complicated questions
than EO 133. It proposes to add two new sections to the Alaska
statutes, a power typically exercised by the legislature. He
said that EO 135 also adds a significant fiscal cost, roughly
$250,000, which is not to diminish the importance of public
safety. It is one of the State's greatest responsibilities under
the constitution. However, EO 135 raises the question of whether
these functions would be more effectively deliberated by the
legislature who could provide a more detailed review of these
matters through the legislative process.
2:04:37 PM
There being no further business to come before the committee,
Chair Claman adjourned the Senate Judiciary Standing Committee
meeting at 2:04 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| EO 133.pdf |
SJUD 2/7/2024 1:30:00 PM |
|
| EO 133 Legal Memo 1.24.2024.pdf |
SJUD 2/7/2024 1:30:00 PM |
|
| EO 135.pdf |
SJUD 2/7/2024 1:30:00 PM |
|
| EO 135 Legal Memo 1.25.2024.pdf |
SJUD 2/7/2024 1:30:00 PM |