Legislature(2017 - 2018)ADAMS ROOM 519

04/06/2018 01:30 PM FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Recessed to 4/7/18 at 1:00 pm --
+= HB 231 CFEC: BD. SALARY;STAFF CLASSIFIED SERVICE TELECONFERENCED
Moved CSHB 231(FIN) Out of Committee
+= HB 299 EXTEND: ALCOHOLIC BEVERAGE CONTROL BOARD TELECONFERENCED
Heard & Held
+= HB 217 RAW MILK SALES; FOOD EXEMPT FROM REGS TELECONFERENCED
Moved CSHB 217(FIN) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
Meeting will recess to 4/7/18 at 1:00 pm
HOUSE BILL NO. 231                                                                                                            
                                                                                                                                
     "An Act relating to the Alaska Commercial Fisheries                                                                        
     Entry Commission; and providing for an effective                                                                           
     date."                                                                                                                     
                                                                                                                                
1:59:09 PM                                                                                                                    
                                                                                                                                
                                                                                                                                
SYLVAN    ROBB,   DEPUTY    COMMISSIONER,   DEPARTMENT    OF                                                                    
ADMINISTRATION, introduced herself.                                                                                             
                                                                                                                                
FATE  PUTMAN,   COMMISSIONER,  COMMERCIAL   FISHERIES  ENTRY                                                                    
COMMISSION,   DEPARTMENT  OF   FISH  AND   GAME,  introduced                                                                    
himself.                                                                                                                        
                                                                                                                                
Representative  Wilson  MOVED  to  ADOPT  Amendment  1,  30-                                                                    
GH1053\O.1 (Bullard, 4/2/18)(copy on file):                                                                                     
                                                                                                                                
     Page 1, lines 4 - 5:                                                                                                       
     Delete "assigning employees of the commission to the                                                                       
     classified service;"                                                                                                       
                                                                                                                                
     Page 2, lines 14 - 17:                                                                                                     
     Delete all material.                                                                                                       
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 2, line 30:                                                                                                           
     Delete all material. 11                                                                                                    
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 3, lines 5 - 19:                                                                                                      
     Delete all material.                                                                                                       
                                                                                                                                
     Renumber the following bill section accordingly.                                                                           
                                                                                                                                
Representative Kawasaki OBJECTED for discussion.                                                                                
                                                                                                                                
Representative  Wilson  explained  the amendment  would  not                                                                    
unionize existing  employees and  would leave them  in their                                                                    
existing  classification.  She  reported  that  based  on  a                                                                    
survey it appeared to be the will of the employees.                                                                             
                                                                                                                                
Representative Kawasaki WITHDREW  his OBJECTION. There being                                                                    
NO further OBJECTION, Amendment 1 was ADOPTED.                                                                                  
                                                                                                                                
2:00:35 PM                                                                                                                    
                                                                                                                                
Co-Chair Foster  MOVED to  ADOPT Amendment  2, 30-OH1053\O.5                                                                    
(Bullard, 4/4/18) (copy on file):                                                                                               
                                                                                                                                
     Page 2, following line 8:                                                                                                  
     Insert a new bill section to read:                                                                                         
     "* Sec. 4. AS 16.43.050 is amended to read:                                                                                
     Sec.  16.43.050. Qualifications.  The commission  shall                                                                    
     consist of  two [THREE] members  with a broad  range of                                                                    
     professional experience,  neither [NONE] of whom  has a                                                                    
     vested  economic  interest  in an  interim-use  permit,                                                                    
     entry permit, commercial fishing  vessel or gear, or in                                                                    
     any   fishery   resource    processing   or   marketing                                                                    
     business."                                                                                                                 
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 3, line 2:                                                                                                            
     Delete "sec. 4"                                                                                                            
     Insert "sec. S"                                                                                                            
                                                                                                                                
     Page 3, line 11:                                                                                                           
     Delete "sec. S"                                                                                                            
     Insert "sec. 6"                                                                                                            
                                                                                                                                
Representative Wilson OBJECTED for discussion.                                                                                  
                                                                                                                                
Co-Chair Foster asked one of  the departments to explain the                                                                    
amendment   that   had   been   brought   forward   by   the                                                                    
administration.                                                                                                                 
                                                                                                                                
Ms. Robb explained one of  the primary functions of the bill                                                                    
was  to decrease  the number  of Commercial  Fisheries Entry                                                                    
Commission  (CFEC)  commissioners  from three  to  two.  She                                                                    
noted that the  change had inadvertently been  missed in one                                                                    
location in  the bill. The  amendment corrected an  error to                                                                    
align with the rest of the document.                                                                                            
                                                                                                                                
Representative  Wilson WITHDREW  her OBJECTION.  There being                                                                    
NO further OBJECTION, Amendment 2 was ADOPTED.                                                                                  
                                                                                                                                
2:01:56 PM                                                                                                                    
                                                                                                                                
Co-Chair Foster  MOVED to  ADOPT Amendment  3, 30-GH1053\O.4                                                                    
(Bullard, 4/4/18) (copy on file):                                                                                               
                                                                                                                                
     Page 2, lines 24 - 29:                                                                                                     
     Delete all material and insert:                                                                                            
     "(d) Except when  there is a vacancy as  provided in AS                                                                    
     16.43.030(c),  the [THE]  show cause  hearing shall  be                                                                    
     conducted before  a quorum  of commissioners  and shall                                                                    
     be presided over by a  hearing officer appointed by the                                                                    
     commission  who  shall  rule  on  the  presentation  of                                                                    
     evidence and  other procedural matters.  Hearings shall                                                                    
     be conducted in accordance with regulations adopted                                                                        
     under AS 16.43.110(b)."                                                                                                    
                                                                                                                                
Representative Wilson OBJECTED for discussion.                                                                                  
                                                                                                                                
Co-Chair  Foster  asked  the   departments  to  explain  the                                                                    
amendment.                                                                                                                      
                                                                                                                                
Ms. Robb explained  the amendment clarified when  one of the                                                                    
two commissioner seats was vacant,  the commissioner may act                                                                    
alone; however, when both  commissioner seats were occupied,                                                                    
one commissioner could not act alone.                                                                                           
                                                                                                                                
Representative  Wilson WITHDREW  her OBJECTION.  There being                                                                    
NO further OBJECTION, Amendment 3 was ADOPTED.                                                                                  
                                                                                                                                
Co-Chair Seaton MOVED conceptual  Amendment 1, page 2, lines                                                                    
12  and 13,  which would  change the  salary range  for both                                                                    
CFEC commissioners to 25.                                                                                                       
                                                                                                                                
Co-Chair Foster  asked for  verification that  the amendment                                                                    
applied to future CFEC commissioners only.                                                                                      
                                                                                                                                
Co-Chair  Seaton answered  in  the  affirmative. He  thought                                                                    
discriminating  between salary  for  commissioners with  the                                                                    
same  duties was  not necessary.  He noted  there were  some                                                                    
legislative  staff  at  a  range  24  and  he  believed  the                                                                    
commissioner should be  somewhat higher, but a  range 27 was                                                                    
$40,000  more   than  a  range   24.  He  thought   the  two                                                                    
commissioners should be equal in pay.                                                                                           
                                                                                                                                
Representative Wilson OBJECTED for discussion.                                                                                  
                                                                                                                                
2:04:28 PM                                                                                                                    
                                                                                                                                
Co-Chair Foster asked to hear from the departments.                                                                             
                                                                                                                                
Representative  Pruitt  asked   for  verification  that  the                                                                    
amendment would replace  "Range 27" with "Range  25" on line                                                                    
12 and would replace "Range 24" with "Range 25" on line 13.                                                                     
                                                                                                                                
Co-Chair Seaton agreed.                                                                                                         
                                                                                                                                
Ms.  Robb  did  not  have an  objection  to  the  conceptual                                                                    
amendment.                                                                                                                      
                                                                                                                                
Representative  Wilson WITHDREW  her OBJECTION.  There being                                                                    
NO OBJECTION, conceptual Amendment 1 was ADOPTED.                                                                               
                                                                                                                                
Representative Guttenberg  remarked he  had not  objected to                                                                    
Amendment  1,   which  maintained  the  status   of  current                                                                    
classified [CFEC]  employees. He  referenced a letter  and a                                                                    
survey [from  CFEC employees] received by  the committee. He                                                                    
stated  it was  difficult to  see documents  of that  nature                                                                    
that may  not be  valid or were  done in a  way to  give the                                                                    
committee  the   wrong  impression.  He  noted   the  survey                                                                    
contained  15  or  20  signatures (copy  on  file).  He  was                                                                    
concerned  about receiving  something  without  a notary  or                                                                    
other indication  legitimizing the document. He  stated that                                                                    
theoretically one person could  have created and submitted a                                                                    
document. He  thought the committee  should be  cognizant to                                                                    
make  certain something  was as  it was  represented in  the                                                                    
future.                                                                                                                         
                                                                                                                                
Vice-Chair Gara reviewed the fiscal  note from the Office of                                                                    
the  Governor  for the  Department  of  Fish and  Game  (OMB                                                                    
Component  Number  471).  The   reduction  in  one  position                                                                    
resulted in  a designated  general fund savings  of $187,000                                                                    
in FY  19 through FY 22  and $228,800 starting in  FY 23. He                                                                    
thought there would be a  forthcoming fiscal note to reflect                                                                    
the passed amendment.                                                                                                           
                                                                                                                                
Representative  Wilson asked  whether  the  bill would  move                                                                    
forward  with  a  forthcoming fiscal  note  to  reflect  the                                                                    
change  of  both CFEC  commissioner  positions  to a  salary                                                                    
range 25.                                                                                                                       
                                                                                                                                
2:08:06 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
2:08:29 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Co-Chair Foster acknowledged Representative Wilson's point.                                                                     
                                                                                                                                
Co-Chair  Seaton  MOVED  to  REPORT  CSHB  231(FIN)  out  of                                                                    
committee   with   individual    recommendations   and   the                                                                    
accompanying forthcoming fiscal note.                                                                                           
                                                                                                                                
CSHB  231(FIN)  was  REPORTED  out  of  committee  with  "no                                                                    
recommendation"  and with  one new  fiscal impact  note from                                                                    
the Office  of the Governor  for the Department of  Fish and                                                                    
Game.                                                                                                                           
                                                                                                                                
2:09:14 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
2:10:59 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                

Document Name Date/Time Subjects
HB 231 AKSupremeCourtCasesJan2018 (003).pdf HFIN 4/6/2018 1:30:00 PM
HB 231
Hb 231 - Amendments 1, 2 & 3.pdf HFIN 4/6/2018 1:30:00 PM
HB 231
HB 231 DOA Response to HFIN 4.5.18.pdf HFIN 4/6/2018 1:30:00 PM
HB 231
HB 231 - Letter of Support.pdf HFIN 4/6/2018 1:30:00 PM
HB 231
HB 231 CFEC employees exempt reasons.pdf HFIN 4/6/2018 1:30:00 PM
HB 231
HB 268 - HFIN Amendments.pdf HFIN 4/6/2018 1:30:00 PM
HB 268
HB 316 Amendments.pdf HFIN 4/6/2018 1:30:00 PM
HB 316
HB 299 Amendment packet.doc.pdf HFIN 4/6/2018 1:30:00 PM
HB 299
HB 217 Amendment #1.pdf HFIN 4/6/2018 1:30:00 PM
HB 217