Legislature(2015 - 2016)HOUSE FINANCE 519

04/15/2016 08:30 AM House FINANCE

Note: the audio and video recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.

Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Recessed to a Call of the Chair --
+ SB 101 STATE PARKS FEES & SALES OF MERCHANDISE TELECONFERENCED
Moved CSSB 101(FIN) Out of Committee
+ HB 339 MOTOR VEHICLE ARSON TELECONFERENCED
Moved HB 339 Out of Committee
+ SB 69 BD OF CHIROPRACTIC EXAMINERS; PRACTICE TELECONFERENCED
Moved CSSB 69(FIN) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
CS FOR SENATE BILL NO. 101(FIN)                                                                                               
                                                                                                                                
     "An Act relating to merchandise sold and certain fees                                                                      
     charged or collected by the Department of Natural                                                                          
     Resources."                                                                                                                
                                                                                                                                
8:40:06 AM                                                                                                                    
                                                                                                                                
ED  FOGELS,  DEPUTY   COMMISSIONER,  DEPARTMENT  OF  NATURAL                                                                    
RESOURCES, relayed that the bill  was extremely important to                                                                    
the  department and  the state.  Alaska's state  park system                                                                    
was the  largest in the nation;  it had evolved into  a lean                                                                    
and efficient  machine. The Department of  Natural Resources                                                                    
(DNR) was trying hard to  reduce the amount of General Funds                                                                    
required to run state parks  and believed they had developed                                                                    
a strategy  to completely get  the state park system  off of                                                                    
general funds in the near  future. He detailed that the bill                                                                    
represented a key piece of the department's strategy.                                                                           
                                                                                                                                
BEN  ELLIS,   DIRECTOR,  DIVISION   OF  PARKS   AND  OUTDOOR                                                                    
RECREATION, DEPARTMENT OF  NATURAL RESOURCES, discussed that                                                                    
the  bill would  enable the  Division of  Parks and  Outdoor                                                                    
Recreation  to  sell  state park  themed  merchandise  in  a                                                                    
manner  that ensured  a reasonable  monetary  return to  the                                                                    
state  to help  support state  park operations,  which would                                                                    
thereby  potentially  reduce   the  division's  reliance  on                                                                    
General Funds.  He communicated that the  bill contained two                                                                    
parts.  First,  the  current   statute  specified  that  the                                                                    
department could collect fees in  a "park unit." He detailed                                                                    
that at  present, DNR collected  fees online for  public use                                                                    
cabin reservations,  annual parking  and boat  launch passes                                                                    
at public  information centers; there were  also other areas                                                                    
where funds were received that were  not in a park unit. The                                                                    
bill would remove the park  unit language. He specified that                                                                    
the  Department of  Law (DOL)  had looked  at the  issue. He                                                                    
elaborated that the  department was not in  danger of losing                                                                    
the funds  collected outside  of a park  unit, but  the idea                                                                    
was to clarify the language.  He characterized the change as                                                                    
a housekeeping  measure. The second and  more important part                                                                    
of the  bill gave DNR another  tool in its effort  to reduce                                                                    
dependency   on  Undesignated   General  Funds   (UGF)  that                                                                    
supported the division.                                                                                                         
                                                                                                                                
Mr.  Ellis explained  that in  FY 15  the division  had been                                                                    
allocated $3.5 million  in UGF and the  division had brought                                                                    
in  $3.3   million  in  program  receipts.   The  division's                                                                    
operational  budget  was  a  little  over  $7  million.  The                                                                    
department had  taken the steps  through the  legislation to                                                                    
try to  close the  gap. He explained  that the  division had                                                                    
increased its program receipts;  previously about 31 percent                                                                    
of its operating expenses came  from permits. The number had                                                                    
increased  to 40  percent with  a target  in the  50 percent                                                                    
range  by  the beginning  of  next  year. The  division  had                                                                    
looked at  park units where  the state had not  charged fees                                                                    
and  had  taken  steps  to change  that.  For  example,  the                                                                    
division  had installed  collection stations  with restrooms                                                                    
on  Kodiak; it  had  anticipated bringing  in  $20,000 as  a                                                                    
result, but  it had already  reached that amount  before the                                                                    
summer season had begun. He  elaborated that Kodiak had been                                                                    
very supportive  of the fee  increase to support  the parks,                                                                    
which comported  with the  overall statewide  sentiment. The                                                                    
division  had also  reduced its  spending by  18 percent  in                                                                    
order  to operate  without UGF.  The bill  would enable  the                                                                    
division  to maintain  park services,  reduce dependency  on                                                                    
UGF, and  provide a  way to support  the largest  state park                                                                    
system in the nation.                                                                                                           
                                                                                                                                
8:45:32 AM                                                                                                                    
                                                                                                                                
Mr. Ellis  relayed that  the idea had  come about  4.5 years                                                                    
earlier when there  had been a photo contest as  part of the                                                                    
40th anniversary  of Alaska's state parks.  He detailed that                                                                    
the idea  had come  to create blank  notecards with  some of                                                                    
the photos  and park information  to sell for a  profit. The                                                                    
division had been told it could  only sell the item at cost.                                                                    
He  showed  the committee  a  park  hat  that was  given  to                                                                    
advisory board  members, but could  not be  sold. Currently,                                                                    
the only source for park  merchandise was an online retailer                                                                    
based in Seattle.  For example, if a person  wanted an Eagle                                                                    
Beach Alaska State Park sweatshirt  they could buy it online                                                                    
for $40;  the state and  the division received  zero percent                                                                    
of the profits. The bill  would enable people purchasing the                                                                    
merchandise to  support their state  parks and to  know that                                                                    
the  profit  was  going  back into  their  state  parks.  He                                                                    
relayed  that at  least  six other  states  had mature  park                                                                    
merchandise programs  that generated  $1 million or  more in                                                                    
profits for their park systems.                                                                                                 
                                                                                                                                
8:47:38 AM                                                                                                                    
                                                                                                                                
Co-Chair Neuman  asked if  the division  had the  ability to                                                                    
work with  commissions. He stated that  the Mat-Su visitor's                                                                    
center  and others  worked on  commission sales  where items                                                                    
could be sold.                                                                                                                  
                                                                                                                                
Mr. Ellis answered in the  affirmative. He detailed that the                                                                    
bill  was broad  and specified  that it  was the  division's                                                                    
responsibility to  seek a  desirable and  appropriate return                                                                    
on  investment,  which  could  occur  through  a  number  of                                                                    
venues. The program would have  a strong wholesale component                                                                    
where a product would be  sold to retail stores. The concept                                                                    
had been  put forward  by Princess, specifically  related to                                                                    
its lodge  at the Denali  National Park near the  new Kesugi                                                                    
campground.  The division  would  love to  have products  to                                                                    
sell at the  lodge, which would make a small  profit for the                                                                    
state and the retailers.                                                                                                        
                                                                                                                                
Co-Chair Neuman looked  forward to the bill  becoming law so                                                                    
he could purchase a hat.                                                                                                        
                                                                                                                                
Representative Gattis asked if  there was a preference given                                                                    
to Alaska  businesses when retail items  were purchased. She                                                                    
realized the  state was going  to try  to make a  profit and                                                                    
that the money went back  in [to DNR's budget]. She referred                                                                    
to Mr.  Ellis's testimony that currently  the products could                                                                    
only be purchased out of  state. She believed there could be                                                                    
a win-win situation [for the state and its businesses].                                                                         
                                                                                                                                
Mr. Ellis answered  that the bill did address  the issue; it                                                                    
included  language that  to the  extent practicable  several                                                                    
things would  occur. First,  the products  would be  made in                                                                    
the  United States.  He noted  that currently  products were                                                                    
primarily  made outside  of the  U.S. Second,  there was  an                                                                    
Alaska bidder  preference and the  ability to look  into the                                                                    
state's correctional facilities to  determine if they had an                                                                    
opportunity to create a product.                                                                                                
                                                                                                                                
8:50:33 AM                                                                                                                    
                                                                                                                                
Mr. Ellis continued  to provide an explanation  of the bill.                                                                    
He  explained  that  there were  states  making  between  $1                                                                    
million  and $4  million in  annual profit  on the  sales of                                                                    
merchandise (the  programs had  been in operation  between 8                                                                    
and 10  years in those  states). However, he  clarified that                                                                    
if implemented, the program would  not bring in that kind of                                                                    
revenue  immediately; it  would  be necessary  to take  very                                                                    
small steps  to slowly grow  the program. He  explained that                                                                    
the bill had a zero fiscal  note and the division would have                                                                    
to find  the ability  within its current  means to  make the                                                                    
program  work. He  communicated  that states  with the  most                                                                    
successful programs had  product at all of  their state park                                                                    
areas. The program in Alaska  would probably focus initially                                                                    
on some  of the  state's most heavily  used areas  that were                                                                    
closest to  the largest  population centers.  The department                                                                    
intended to grow  the program over a 5 to  8-year period. He                                                                    
relayed that the New Hampshire  program had earned in the $1                                                                    
million  per  year  range. He  cited  the  program's  deputy                                                                    
director  as  saying "We  are  fairly  passionate about  our                                                                    
retail operations  here in New  Hampshire state  parks. When                                                                    
you change the dialogue from  cost control to revenue growth                                                                    
opportunities  all of  a sudden  new  doors open,  employees                                                                    
attitudes shift,  and we  build a  broader customer  base of                                                                    
support, loyalty, and advocacy for our state parks system."                                                                     
                                                                                                                                
Representative Munoz  asked if the division  would work with                                                                    
a wholesale  distributor or  if the state  would act  as the                                                                    
wholesaler.                                                                                                                     
                                                                                                                                
Mr. Ellis answered  that the division had not  yet looked at                                                                    
those details,  but it would  in the future.  The department                                                                    
would  also look  at turning  artwork  generated by  artisan                                                                    
residents  in  the  Rie  Munoz-Dorothy  Gruening  Artist-in-                                                                    
Residence Program into prints for resale.                                                                                       
                                                                                                                                
Representative Munoz encouraged the  division to work with a                                                                    
wholesaler with  a network of  businesses instead  of taking                                                                    
the work  on itself.  She believed the  work would  be quite                                                                    
cumbersome for the state to take on itself.                                                                                     
                                                                                                                                
Mr. Ellis agreed.                                                                                                               
                                                                                                                                
Representative  Munoz  suggested   working  with  a  graphic                                                                    
designer  on  creating a  product  line.  She believed  that                                                                    
investing a  little on  the front  end would  create greater                                                                    
success.                                                                                                                        
                                                                                                                                
Mr.  Ellis emphatically  agreed.  He  acknowledged that  the                                                                    
division  did  not  contain graphic  artist  or  merchandise                                                                    
sales experts;  it would  be looking  to the  private sector                                                                    
for the expertise  in order to develop a  product that would                                                                    
sell and that the state could be proud of.                                                                                      
                                                                                                                                
8:53:55 AM                                                                                                                    
                                                                                                                                
Co-Chair Neuman  stated that a significant  number of people                                                                    
enjoyed  state parks  for photography.  He  noted that  many                                                                    
professional photographers  had copyrights of  their photos.                                                                    
He wanted to ensure that there  was nothing in the bill that                                                                    
would  infringe  upon  the  right  of  individuals  to  take                                                                    
professional photos.                                                                                                            
                                                                                                                                
Mr.   Ellis  replied   that  the   bill  would   not  impact                                                                    
photographers. He  relayed that  in the  photography contest                                                                    
held by  the division  six years earlier,  the photographers                                                                    
had agreed to provide the  division with copyright for their                                                                    
particular submission.  However, the bill would  not impinge                                                                    
upon  the  ability  of professional  photographers  to  take                                                                    
pictures.                                                                                                                       
                                                                                                                                
TED WELLMAN, PRESIDENT, KENAI  RIVER SPECIAL MANAGEMENT AREA                                                                    
ADVISORY BOARD, STERLING  (via teleconference), testified in                                                                    
support  of   the  legislation.   The  advisory   board  was                                                                    
concerned  about ensuring  adequate monies  and funding  for                                                                    
parks  in   order  to   have  appropriate   enforcement  and                                                                    
maintenance of  facilities. He shared  that the  Kenai River                                                                    
was under "virtual assault" by  increased use throughout the                                                                    
system.  The board  was  in favor  of  any legislation  that                                                                    
raised  funds  to  allow  state  parks  to  more  adequately                                                                    
perform  their   job.  The  board  believed   the  bill  and                                                                    
merchandizing  was a  nice and  neat idea  that would  allow                                                                    
people  visiting the  park  to identify  with  the park.  He                                                                    
believed  the products  would be  very  popular. He  relayed                                                                    
that the  advisory board had  submitted a letter  of support                                                                    
in the past.                                                                                                                    
                                                                                                                                
Co-Chair Thompson CLOSED public testimony.                                                                                      
                                                                                                                                
Co-Chair Neuman addressed the zero  fiscal note from DNR for                                                                    
FY 17  through FY 22. He  noted that the department  had the                                                                    
authority  to collect  fees at  locations  outside the  park                                                                    
unit  and the  bill  would enable  the  division to  collect                                                                    
program receipts  to allow for  a profit to be  made outside                                                                    
the sale of merchandise.                                                                                                        
                                                                                                                                
Co-Chair  Neuman  MOVED  to  REPORT  CSSB  101(FIN)  out  of                                                                    
committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal  note. There being NO  OBJECTION, it was                                                                    
so ordered.                                                                                                                     
                                                                                                                                
CSSB  101(FIN) was  REPORTED  out of  committee  with a  "do                                                                    
pass" recommendation  and with and one  previously published                                                                    
zero fiscal note: FN3 (DNR).                                                                                                    
                                                                                                                                
8:57:38 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
8:59:45 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                

Document Name Date/Time Subjects
CS SB 101 Summary of Changes.pdf HFIN 4/15/2016 8:30:00 AM
SB 101
CS SB 101 Transmittal Letter.pdf HFIN 4/15/2016 8:30:00 AM
SB 101
SB69 Sectional Analysis.pdf HFIN 4/15/2016 8:30:00 AM
SB 69
SB69 Sponsor Statement.pdf HFIN 4/15/2016 8:30:00 AM
SB 69
SB69 Summary of Changes ver A to ver S.pdf HFIN 4/15/2016 8:30:00 AM
SB 69
SB69 Supporting Documents.pdf HFIN 4/15/2016 8:30:00 AM
SB 69
HB 339 - Letter of Support - Alaska Association of Fire & Arson Investigators.pdf HFIN 4/15/2016 8:30:00 AM
HB 339
HB 339 - Letter of Support - Alaska Fire Chiefs Association.pdf HFIN 4/15/2016 8:30:00 AM
HB 339
HB 339 - Sponsor Statement.pdf HFIN 4/15/2016 8:30:00 AM
HB 339