Legislature(2011 - 2012)BARNES 124

02/25/2011 03:15 PM House LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 118 RESEARCH AND DEVELOPMENT TAX CREDIT TELECONFERENCED
Scheduled But Not Heard
*+ HB 147 BOARD OF PUBLIC ACCOUNTANCY SECRETARY TELECONFERENCED
Moved Out of Committee
*+ HB 155 PUBLIC CONSTRUCTION CONTRACTS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 125 ALCOHOLIC BEVERAGE CONTROL BOARD TELECONFERENCED
Moved CSHB 125(L&C) Out of Committee
            HB 125-ALCOHOLIC BEVERAGE CONTROL BOARD                                                                         
                                                                                                                              
3:30:25 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON announced  that the first order of  business would be                                                               
HOUSE  BILL  NO.  125,  "An Act  moving  the  Alcoholic  Beverage                                                               
Control  Board  to the  Department  of  Commerce, Community,  and                                                               
Economic Development  and relating to duties  of that department;                                                               
and providing for an effective date."                                                                                           
                                                                                                                                
3:30:48 PM                                                                                                                    
                                                                                                                                
SUE  STANCLIFF, Special  Assistant, Office  of the  Commissioner,                                                               
Department  of Public  Safety (DPS),  stated  that the  committee                                                               
requested  an explanation  on  the fiscal  note.   The  Alcoholic                                                               
Beverage Control Board (ABC Board)  would be transferred from the                                                               
Department of Public Safety (DPS)  to the Department of Commerce,                                                               
Community &  Economic Development (DCCED), and  the funding which                                                               
is  agency receipts  is transferred  to the  DCCED.   She advised                                                               
that  there   is  not  any  carryover   or  administrative  costs                                                               
necessary  to transfer.    The DPS  essentially  removes the  ABC                                                               
Board from  its budget.   She asked  to read a  written statement                                                               
into the record, which she read, as follows:                                                                                    
                                                                                                                                
     As you  all probably know, the  Division of Legislative                                                                    
     Finance  is automating  the  fiscal  note process  this                                                                    
     year to provide improved  error checking on the initial                                                                    
     fiscal  note   submission.    Legislative   Finance  is                                                                    
     working  with  the  Governor's  Legislative  Office  of                                                                    
     Management   and   Budget   (OMB)  on   this   process.                                                                    
     Ultimately  this   new  system  and   the  coordination                                                                    
     between  government branches  and agencies  will result                                                                    
     in an improved process.                                                                                                    
                                                                                                                                
     The initial  fiscal noted by  the Department  of Public                                                                    
     Safety  dated 2/8/11  showed an  appropriation required                                                                    
     in FY  12 as $429.8,  that is $429,000, and  showed and                                                                    
     showed an increase  of $74.7 thousand in  FY 13 through                                                                    
     FY 17.   Although those  were the amounts shown  on the                                                                    
     expenditures and  revenues section of the  fiscal note,                                                                    
     the analysis  explained that those were  costs that the                                                                    
     ABC Board expected to incur  if they are to relocate to                                                                    
     the  Department  of   Commerce,  Community  &  Economic                                                                    
     Development.   As noted  in the  analysis, the  bulk of                                                                    
     that  increase was  based on  an  estimate provided  by                                                                    
     DCCED.   There was no  increase of any kind  that would                                                                    
     have gone to  the Department of Public  Safety (DPS) in                                                                    
     any circumstances.   We prepared the  fiscal note based                                                                    
     on advice from OMB about  the proper form of the fiscal                                                                    
     note.   In particular, it was  OMB's understanding that                                                                    
     for the  new fiscal  note process,  both DPS  and DCCED                                                                    
     fiscal notes needed to reflect  the increased cost even                                                                    
     though  only DCCED  would have  actually had  a request                                                                    
     for  additional funding.   After  the  fiscal note  was                                                                    
     submitted  the  director  for  Administrative  Services                                                                    
     contacted  Legislative  Finance   fiscal  analysts  and                                                                    
     questioned why DPS  would have a positive  note when we                                                                    
     simply should  have simply had  a negative  fiscal note                                                                    
     reflecting  the  ABC Board  leaving  DPS.   In  ensuing                                                                    
     conversations  between all  parties  it was  determined                                                                    
     that  there  had been  a  misunderstanding  of how  DPS                                                                    
     fiscal  notes  should  have  been   shown.    DPS  then                                                                    
     submitted a corrected fiscal  note dated 2/15/11, which                                                                    
     accurately reflects the impact to  DPS if HB 125 passes                                                                    
     in its  current form, namely  that all costs  and staff                                                                    
     associated with the ABC Board  will be transferred from                                                                    
     DPS to DCCED.  The fiscal  note now reflects there is a                                                                    
     negative fiscal impact to DPS  because those costs will                                                                    
     no longer be reflected in  the department's budget.  We                                                                    
     apologize  for any  confusion  that  may have  resulted                                                                    
     from this process.                                                                                                         
                                                                                                                                
MS. STANCLIFF related her understanding that staff at OMB has                                                                   
discussed this situation with Representative Hawker.  She                                                                       
deferred  to the  DCCED to  discuss the  respective fiscal  note.                                                               
She said she  hopes this alleviates concerns over  the DPS fiscal                                                               
note and explains that accurately.                                                                                              
                                                                                                                                
3:35:00 PM                                                                                                                    
                                                                                                                                
JOELLEN HANRAHAN, Director,  Division of Administrative Services,                                                               
Department of Commerce, Community  & Economic Development (DCCED)                                                               
agreed  with  Ms.  Stancliff's sentiments.    She  explained  the                                                               
fiscal  note process  has been  confusing and  the department  is                                                               
working  under  shorter timelines  to  try  to get  fiscal  notes                                                               
processed.    She referred  to  the  DCCED's  fiscal note.    She                                                               
clarified  that DPS's  fiscal note  shows a  negative impact  and                                                               
DCCED's  fiscal note  shows a  positive  amount to  move the  ABC                                                               
Board  to  commerce.   The  DCCED's  fiscal  note also  shows  an                                                               
increased cost  of $247,500 which reflects  a one-time technology                                                               
information cost  to move  the database  to the  DCCED.   It also                                                               
lists an ongoing cost to  cover the administrative support within                                                               
the DCCED.                                                                                                                      
                                                                                                                                
MS.   HANRAHAN  elaborated   that  the   fee  increase   for  the                                                               
information  technology  (IT), which  is  the  bulk of  the  cost                                                               
increase, was determined by the  DPS and DCCED's technical teams.                                                               
The IT  teams reviewed  whether the ABC  Board's data  system was                                                               
compatible  with the  DCCED's  system.   The  IT determined  some                                                               
issues  since  the  DPS  system  operates  differently  than  the                                                               
DCCED's system.   The DPS  system includes its own  firewall that                                                               
isolates it from the state's  system.  Additionally, the DPS uses                                                               
an active directory system which  is also not integrated into the                                                               
state's system.   She related that the DB  systems are technical.                                                               
She likened it to removing the  7th floor of a 15 story building,                                                               
but everything within  the walls and the  foundation supports the                                                               
IT function.  Thus, all  the equipment must be reconfigured since                                                               
the DCCED and DPS's support  foundations are different.  However,                                                               
if  the 7th  floor was  relocated to  the 9th  floor in  the same                                                               
building, the system would be easier to reconfigure.                                                                            
                                                                                                                                
MS. HANRAHAN stated  that if the ABC Board was  on the same state                                                               
system  it would  cost less  to integrate  the ABC  Board to  the                                                               
DCCED.  The  additional cost is to replace some  of the equipment                                                               
that the applications use since  the equipment will not be moved.                                                               
The DCCED  has overhead costs  for the commissioner's  office and                                                               
the  administrative services  are primarily  inter-agency funded.                                                               
The department uses an approved  allocation plan that is based on                                                               
weighted  positions  and  efforts.     This  plan  allocates  the                                                               
commissioner's office  and the administrative services'  costs to                                                               
the  agencies, whereas  the DPS  is primarily  general funded  so                                                               
most of  their costs are not  allocated.  One small  ongoing cost                                                               
is the  allocated cost for  fiscal, budget, IT,  human resources,                                                               
and  statewide support  from  the  agency, including  accounting,                                                               
travel processing.                                                                                                              
                                                                                                                                
3:41:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER inquired  as to  whether some  automation                                                               
would occur as a result of  the auto-pay functions.  He asked why                                                               
the  costs  never  seem  to  decrease  despite  the  efficiencies                                                               
gained.                                                                                                                         
                                                                                                                                
MS.  HANRAHAN answered  that the  cost allocation  plan would  be                                                               
adjusted over  time based on  changes in the organization  and in                                                               
the  levels  of  effort  needed.   The  current  projected  costs                                                               
reflect the  FY 12 costs,  but level  of effort will  become more                                                               
stable once the board is more established in the DCCED.                                                                         
                                                                                                                                
CHAIR OLSON conferred  with the sponsor and related  there are no                                                               
additional fiscal notes to consider.                                                                                            
                                                                                                                                
3:43:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  made  a  motion to  adopt  Amendment  1,                                                               
labeled 27-LS0378\M.2, Gardner, 2/7/11, which read as follows:                                                                  
                                                                                                                                
     Page 1, line 3, following ";":                                                                                           
          Insert "relating to the exercise of peace officer                                                                   
     powers  granted  by   the  Alcoholic  Beverage  Control                                                                  
     Board;"                                                                                                                  
                                                                                                                                
     Page 2, following line 6:                                                                                                  
     Insert a new bill section to read:                                                                                         
        "* Sec. 3. AS 04.06.110 is amended to read:                                                                         
          Sec. 04.06.110. Peace officer powers. The                                                                           
     director   and    the   persons   employed    for   the                                                                    
     administration and enforcement of  this title may, with                                                                    
     the concurrence  of the commissioner of  public safety,                                                                    
     exercise  the  powers  of  peace  officers  when  those                                                                    
     powers are  specifically granted  by the  board. Powers                                                                    
     granted  by  the  board  under   this  section  may  be                                                                    
     exercised only  when necessary  for the  enforcement of                                                                    
     the  criminally punishable  provisions  of this  title,                                                                    
     regulations   of  the   board,  and   other  criminally                                                                    
     punishable    laws     and    regulations,    including                                                                    
     investigation   of    violations   of    laws   against                                                                    
     prostitution  and promoting  prostitution described  in                                                                    
     AS 11.66.100  - 11.66.130  and  laws against  gambling,                                                                    
     promoting gambling,  and related offenses  described in                                                                    
     AS 11.66.200  -  11.66.280.   Unless  authorized  by  a                                                                
     search warrant  described in AS 12.35.010  - 12.35.120,                                                                
     nothing in this section  authorizes the use of magnetic                                                                
     card  keys or  identification cards  to access  private                                                                
     clubs."                                                                                                                
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
                                                                                                                                
CHAIR OLSON objected for the purpose of discussion.                                                                             
                                                                                                                                
3:44:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER referred  to page 1, line  3, of Amendment                                                               
1, which is  additional language necessary for  the title change.                                                               
He referred to page 2, line  6, which removes the requirement for                                                               
key  cards.    He  said  he heard  from  managers  of  clubs  and                                                               
patriotic    organizations   that    they   needed    to   obtain                                                               
identification or  key cards.   He related that the  clubs should                                                               
not  have to  provide the  cards and  this language  would remove                                                               
that requirement.                                                                                                               
                                                                                                                                
REPRESENTATIVE  SADDLER  made  a  motion  to  conceptually  amend                                                               
Amendment 1,  on line 18 after  "of" insert "metal keys,"  and on                                                               
line 19,  after "card keys"  insert ",".   This would  remove the                                                               
requirement  for private  clubs  to have  magnetic  card keys  or                                                               
metal keys unless authorized by  a search warrant described in AS                                                               
12.35.010 - 12.35.120, he stated.                                                                                               
                                                                                                                                
There being  no objection, the conceptual  amendment to Amendment                                                               
1 was adopted.                                                                                                                  
                                                                                                                                
CHAIR OLSON  removed his objection  to Amendment 1.   There being                                                               
no further objection, Amendment 1, as amended, was adopted.                                                                     
                                                                                                                                
3:46:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOLMES moved to report  HB 125, as amended, out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal notes.   There being  no objection, the CSHB  125(L&C) was                                                               
reported from the House Labor and Commerce Standing Committee.                                                                  

Document Name Date/Time Subjects
HB118 Supporting Documents - Letter AEDC 2-18-2011.pdf HL&C 2/25/2011 3:15:00 PM
HB 118
HB118 Supporting Documents - Letter John Wanamaker2-22-2011.pdf HL&C 2/25/2011 3:15:00 PM
HB 118
HB125 Fiscal Note - CCED-ABC-02-18-11.pdf HL&C 2/25/2011 3:15:00 PM
HB 125
HB125 Fiscal Note - CCED-ASD-02-18-11.pdf HL&C 2/25/2011 3:15:00 PM
HB 125
HB125 Supporting Documents - Letter Andy Lundquist 2-17-2011.pdf HL&C 2/25/2011 3:15:00 PM
HB 125
HB125 Fiscal Note Explanation - Letter Dan Spencer DPS 2-17-2011.pdf HL&C 2/25/2011 3:15:00 PM
HB 125
HB147 Fiscal Note-CCED-CBPL-02-18-11.pdf HL&C 2/25/2011 3:15:00 PM
HB 147
HB147 Sponsor Statement.pdf HL&C 2/25/2011 3:15:00 PM
HB 147
HB147 Supporting Documents-Letter Alaska Society of CPAs 2-1-2011.pdf HL&C 2/25/2011 3:15:00 PM
HB 147
HB147 ver A.pdf HL&C 2/25/2011 3:15:00 PM
HB 147
HB147 Supporting Documents-Letter Chair of State Board 1-25-2011.pdf HL&C 2/25/2011 3:15:00 PM
HB 147
HB155 Draft Proposed Amendment ver B.3.pdf HL&C 2/25/2011 3:15:00 PM
HB 155
HB155 Fiscal Note-DOLWD-LSS-02-20-2011.pdf HL&C 2/25/2011 3:15:00 PM
HB 155
HB155 Sectional Summary.pdf HL&C 2/25/2011 3:15:00 PM
HB 155
HB155 Sponsor Statement.pdf HL&C 2/25/2011 3:15:00 PM
HB 155
HB155 Supporting Documents - Email Dave Stone 2-23-2011.pdf HL&C 2/25/2011 3:15:00 PM
SFIN 4/17/2011 10:00:00 AM
HB 155
HB155 Supporting Documents-AK State Homebuilders Association Letter 2-22-11.pdf HL&C 2/25/2011 3:15:00 PM
HB 155
HB155 Supporting Documents-AML Letter 2-23-11.pdf HL&C 2/25/2011 3:15:00 PM
HB 155
HB155 Supporting Documents-AML Resolution 11-19-2010.pdf HL&C 2/25/2011 3:15:00 PM
HB 155
HB155 Supporting Documents-DOL Dollar Threshold Sheet 1-1-11.pdf HL&C 2/25/2011 3:15:00 PM
HB 155
HB155 Supporting Documents-Kenai Peninsula Borough Resolution 12-7-10.pdf HL&C 2/25/2011 3:15:00 PM
HB 155
HB155 Supporting Documents-Letter Yakutat Mayor 2-23-11.pdf HL&C 2/25/2011 3:15:00 PM
HB 155
HB155 ver B.pdf HL&C 2/25/2011 3:15:00 PM
HB 155
HB125 Fiscal Note Explanation - Letter Jo Ellen Hanrahan DCCED 2-24-2011.pdf HL&C 2/25/2011 3:15:00 PM
HB 125
HB125-CCED-ASD-02-24-11 (2).pdf HL&C 2/25/2011 3:15:00 PM
HB 125
HB125-CCED-ABC-02-24-11.pdf HL&C 2/25/2011 3:15:00 PM
HB 125
HB118 Supporting Documents 26 USC 41(d) Explanation.pdf HL&C 2/25/2011 3:15:00 PM
HB 118