03/15/1999 01:55 PM House FIN

HOUSE BILL NO. 94                                                                                                               
                                                                                                                                
"An Act removing employees of the Alcoholic Beverage                                                                            
Control Board from the exempt service."                                                                                         
                                                                                                                                
PAT HARMAN, STAFF, REPRESENTATIVE PETE KOTT, explained that                                                                     
HB 94 was a house keeping measure.  The Alcohol Beverage                                                                        
Control (ABC) employees are now all in classified service                                                                       
and AS 39.25.110(15) should be replaced.                                                                                        
                                                                                                                                
Mr. Harman continued, at one time, ABC employees were exempt                                                                    
and were appointed to the positions.  At present time, all                                                                      
ABC employees are listed in classified service.  The current                                                                    
statute lists ABC employees in exempt service.  The proposed                                                                    
statute is not applicable to the current situation.  The                                                                        
legislation has resulted from constituents concerns.  Mr.                                                                       
Harman urged Committee members support of the legislation.                                                                      
                                                                                                                                
Representative Bunde asked if the legislation would have any                                                                    
effect on the ABC Board's authority to carry concealed guns.                                                                    
Mr. Harman replied the proposed legislation would not have                                                                      
any effect on that ruling; it would be a separate issue.                                                                        
                                                                                                                                
Co-Chair Therriault pointed out that statute indicates that                                                                     
these employees are exempt employees, however, a union                                                                          
represents them.  He questioned that status.                                                                                    
                                                                                                                                
DOUG GRIFFIN, (TESTIFIED VIA TELECONFERENCE), DIRECTOR,                                                                         
ALCOHOL BEVERAGE CONTROL BOARD, ANCHORAGE, explained that                                                                       
the statute has not been followed.  Enforcement officers in                                                                     
the agency have not been exempt for the last 30 years.                                                                          
                                                                                                                                
Co-Chair Therriault asked the employees length of tenure.                                                                       
Mr. Griffin replied that these are long standing employees.                                                                     
Co-Chair Therriault pointed out that statute indicates that                                                                     
it is only the individuals listed on Page 2, Subsection 15,                                                                     
which are offered Peace Officer powers and should fall into                                                                     
the exempt category.  He inquired the number of employees                                                                       
which fall into that category and what the limited powers                                                                       
would enable them to do.  Mr. Griffin replied that four                                                                         
investigators would be indicated in that section.  Title 4                                                                      
specifies all administrative and criminal division                                                                              
requirements.  He stressed that enforcement must be carried                                                                     
out.                                                                                                                            
                                                                                                                                
Title 4 confers limited Peace Officer powers to the Board,                                                                      
however, limits it to primarily alcohol beverage laws.                                                                          
There has been a limited commission conferred on the Board                                                                      
by Commissioner Otte, Department of Public Safety, to                                                                           
investigate gambling and prostitution on only licensed                                                                          
premises.  He emphasized that most of the work done by the                                                                      
ABC Board is done on the licensees.                                                                                             
                                                                                                                                
Co-Chair Therriault asked about the authorization power to                                                                      
carry concealed weapons in executing the duties of the                                                                          
Board.  Mr. Griffin responded that the provision was removed                                                                    
which prohibited ABC Board regulators from carrying                                                                             
concealed weapons.  The Board is going through a process of                                                                     
allowing regulators to carry concealed weapons and would                                                                        
include training and certification provisions.  That,                                                                           
currently, is not in effect, however, the Board is moving                                                                       
forward with changing the policies and procedures in order                                                                      
that weapons may be carried for defense. He advised that                                                                        
there exist strong support from local police and troopers to                                                                    
allow investigators to carry weapons.                                                                                           
                                                                                                                                
Co-Chair Therriault questioned if the decision made                                                                             
regarding investigators carrying concealed weapons would be                                                                     
under the control of the ABC Board or made in conjunction                                                                       
with Department of Public Safety.  Mr. Griffin explained                                                                        
that statute reads that the Board would confer authority to                                                                     
carry firearms in the performance of duty and that authority                                                                    
would need to be approved by the Commissioner from the                                                                          
Department of Public Safety.  He acknowledged that there                                                                        
would need to be coordination between the two entities.                                                                         
                                                                                                                                
Co-Chair Therriault questioned what the response would be if                                                                    
one of the ABC employees was dismissed by the                                                                                   
Administration.  Mr. Griffin did not know and recommended                                                                       
that issue be addressed by an attorney.  He emphasized that                                                                     
the Board attempts to hire employees based on merit and                                                                         
professionalism.                                                                                                                
                                                                                                                                
Mr. Harman pointed out that "classified" consists of all                                                                        
positions in State service not included in exempt or                                                                            
partially exempt service, which is a default category.                                                                          
                                                                                                                                
Representative Bunde questioned if any of the employees were                                                                    
political appointees.  Mr. Griffin replied that none of the                                                                     
current employees are political appointees.                                                                                     
                                                                                                                                
Representative Foster MOVED to report HB 94 out of Committee                                                                    
with individual recommendations and with the zero fiscal                                                                        
note by the Department of Revenue.                                                                                              
                                                                                                                                
HB 94 was reported out of Committee with a "do pass"                                                                            
recommendation and with a zero fiscal note by the Department                                                                    
of Revenue dated 3/8/99.