Legislature(2011 - 2012)BARNES 124

02/09/2011 03:15 PM LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 126 OMNIBUS BOARD EXTENSIONS TELECONFERENCED
Moved Out of Committee
*+ HB 125 ALCOHOLIC BEVERAGE CONTROL BOARD TELECONFERENCED
Heard & Held
                HB 126-OMNIBUS BOARD EXTENSIONS                                                                             
                                                                                                                              
3:17:44 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON announced  that the first order of  business would be                                                               
HOUSE BILL  NO. 126, "An  Act extending the termination  dates of                                                               
the Board  of Nursing, the  Board of Dental Examiners,  the Board                                                               
of  Barbers  and  Hairdressers,   the  Regulatory  Commission  of                                                               
Alaska, and  the Alcoholic Beverage Control  Board; and providing                                                               
for an effective date."                                                                                                         
                                                                                                                                
3:17:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MIKE  HAWKER,  Alaska State  Legislature,  stated                                                               
that two  bills originated  in the  Legislative Budget  and Audit                                                               
Committee (LB&A), and as Chair  of the committee he is presenting                                                               
the  bills before  this committee  today.   The first  bill is  a                                                               
housekeeping  matter.   Many boards  and commissions  have sunset                                                               
dates to  allow the legislature to  periodically consider whether                                                               
programs  are  fulfilling  their  desired  tasks  and  if  it  is                                                               
appropriate  for  a specific  board  or  commission to  continue.                                                               
Historically,  the  legislature  has  considered  each  board  or                                                               
commission individually.   In response to Chair  Olson, he agreed                                                               
that this bill consolidates sunset  audits into one omnibus board                                                               
extension   bill.     He  pointed   out  that   legislators  have                                                               
historically  separated reauthorization  bills from  policy bills                                                               
and he cautioned the committee not  to clutter HB 126 with policy                                                               
changes.                                                                                                                        
                                                                                                                                
3:21:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   HAWKER  explained   the  legislative   auditor's                                                               
function.    The   legislative  auditor  conducts  administrative                                                               
reviews of the management and  operation of boards or commissions                                                               
and provides  a detailed  report to  the legislature  through the                                                               
Legislative   Budget   and   Audit   Committee   (LB&A).      The                                                               
recommendations made  in HB 126 reflect  the recommendations made                                                               
by the division via the  legislative auditor, Pat Davidson.  This                                                               
bill would extend the following  boards and commissions for eight                                                               
years  to  June  30,  2019, as  recommended  by  the  legislative                                                               
auditor:  Board of Barbers  and Hairdressers, the Board of Dental                                                               
Examiners, the  Board of Nursing,  and the  Regulatory Commission                                                               
of  Alaska.    The  legislative   auditor  also  recommended  the                                                               
Alcoholic Beverage Control Board (ABC  Board) be extended to June                                                               
30, 2015.  Last year during  a sunset audit review process of the                                                               
ABC Board,  the auditor  detailed operational  and administration                                                               
issues  for the  ABC Board.    The legislature  extended the  ABC                                                               
Board  for  one  year  only  to  allow  the  ABC  Board  to  make                                                               
administrative management  corrections.  The  legislative auditor                                                               
has since  reviewed the  board's activities  and has  cleared the                                                               
"to  do" list  from  the original  audit.   This  bill now  would                                                               
recommend  the  ABC Board  be  extended  for an  additional  four                                                               
years.  He recapped that  HB 126 reauthorizes agencies which have                                                               
passed muster with the legislative auditor.                                                                                     
                                                                                                                                
3:23:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOLMES  stated that she  liked the new  format for                                                               
sunset  reviews.     She  pointed  out  one   discrepancy.    The                                                               
legislative  auditor recommended  the  ABC Board  be extended  to                                                               
2014, but  the bill  would extend  the ABC  Board until  June 30,                                                               
2015.  She  said she was unsure whether she  was reviewing an old                                                               
audit or if the most recent audit is in members' packets.                                                                       
                                                                                                                                
REPRESENTATIVE   HAWKER   agreed    Representative   Holmes   has                                                               
identified an  anomaly in  the ABC Board's  audit.   He explained                                                               
that the original  audit identified the ABC  Board's problems but                                                               
still   recommended  a   four-year  extension.     However,   the                                                               
legislature decided  only to extend  the ABC Board for  one year,                                                               
tasked it  with correcting any deficiencies,  and the legislative                                                               
auditor reported the board's progress  in an update to the sunset                                                               
audit.    As  the  Chair  of  the  LB&A  Committee,  he  said  he                                                               
considered whether  to extend the  ABC Board for four  years from                                                               
this point  forward or to  use the auditor's updated  review date                                                               
as  a  starting point.    He  ultimately  decided to  select  the                                                               
extension date as four years from this point forward, he said.                                                                  
                                                                                                                                
3:25:39 PM                                                                                                                    
                                                                                                                                
PAT  DAVIDSON,  Legislative   Auditor,  Division  of  Legislative                                                               
Audit,  Alaska  State  Legislature,  said she  was  available  to                                                               
answer questions on any of the audits contained in HB 126.                                                                      
                                                                                                                                
REPRESENTATIVE  HOLMES  related  that  she noticed  a  number  of                                                               
concerns  had been  raised  by the  auditor.   She  asked for  an                                                               
update  on  the auditor's  findings  since  the last  legislative                                                               
audit.                                                                                                                          
                                                                                                                                
MS. DAVIDSON explained that in the  FY 09 audit, which was during                                                               
the last sunset review, the  auditors made two recommendations to                                                               
the ABC Board.  The first  recommendation was with respect to its                                                               
enforcement policies.   She related  that the auditors  wanted to                                                               
see  quantifiable and  objective  enforcement goals  and for  the                                                               
board to  communicate specific goals  to its staff to  carry out.                                                               
The second recommendation contained "a  bit of a laundry list" of                                                               
administrative  issues,   she  said.    She   reported  that  the                                                               
administrative  operations  have  been  substantially  addressed.                                                               
She  noted  while the  ABC  Board  has  made some  progress  with                                                               
respect  to  its  enforcement  issues,   these  issues  were  not                                                               
substantially resolved.   The auditors  found a mix of  issues in                                                               
terms of  establishing objective quantifiable  enforcement goals.                                                               
The auditors would like the public  and legislature to be able to                                                               
review  the ABC  Board's enforcement  operations and  be able  to                                                               
evaluate whether the enforcement goals were met.                                                                                
                                                                                                                                
3:29:09 PM                                                                                                                    
                                                                                                                                
CHAIR  OLSON,  after first  determining  no  one else  wished  to                                                               
testify, closed public testimony on HB 126.                                                                                     
                                                                                                                                
REPRESENTATIVE HAWKER, in response  to Chair Olson, expressed his                                                               
intent to  limit any changes to  HB 126 solely to  address sunset                                                               
provisions  and not  on  policy matters.    He acknowledged  that                                                               
members  may   have  issues  with   those  specific   boards  and                                                               
commissions'  policies.   He urged  members  to address  specific                                                               
policy  issues in  separate legislation  and not  to make  policy                                                               
changes in HB 126, the omnibus bill.                                                                                            
                                                                                                                                
REPRESENTATIVE JOHNSON  moved to report  HB 126 out  of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.   There being no objection,  HB 126 was reported  from the                                                               
House Labor and Commerce Standing Committee.                                                                                    

Document Name Date/Time Subjects
HB126 Sponsor Statement.pdf HL&C 2/9/2011 3:15:00 PM
SFIN 4/15/2011 9:00:00 AM
HB 126
HB126 Supporting Documents-ABC Audit Summary 2009.pdf HL&C 2/9/2011 3:15:00 PM
SFIN 4/15/2011 9:00:00 AM
HB 126
HB126 Supporting Documents-ABC Sunset Review.pdf HL&C 2/9/2011 3:15:00 PM
SFIN 4/15/2011 9:00:00 AM
HB 126
HB126 Supporting Documents-Barbers and Hairdressers Audit Summary.pdf HL&C 2/9/2011 3:15:00 PM
HB 126
HB126 Supporting Documents-Barbers and Hairdressers Sunset Review.pdf HL&C 2/9/2011 3:15:00 PM
SFIN 4/15/2011 9:00:00 AM
HB 126
HB126 verA.PDF HL&C 2/9/2011 3:15:00 PM
HB 126
HB126 Supporting Documents-Dental Examiners Audit Summary.pdf HL&C 2/9/2011 3:15:00 PM
SFIN 4/15/2011 9:00:00 AM
HB 126
HB126 Supporting Documents-Dental Examiners Sunset Review.pdf HL&C 2/9/2011 3:15:00 PM
SFIN 4/15/2011 9:00:00 AM
HB 126
HB126 Supporting Documents-Nursing Audit Summary.pdf HL&C 2/9/2011 3:15:00 PM
SFIN 4/15/2011 9:00:00 AM
HB 126
HB126 Supporting Documents-Nursing Sunset Review.pdf HL&C 2/9/2011 3:15:00 PM
SFIN 4/15/2011 9:00:00 AM
HB 126
HB126 Fiscal Note-CCED-CBPL-02-03-11(A).pdf HL&C 2/9/2011 3:15:00 PM
HB 126
HB126 Fiscal Note-CCED-CBPL-02-03-11(B).pdf HL&C 2/9/2011 3:15:00 PM
HB 126
HB126 Fiscal Note-CCED-CBPL-02-03-11(C).pdf HL&C 2/9/2011 3:15:00 PM
HB 126
HB126 Fiscal Note-CCED-RCA-02-04-11.pdf HL&C 2/9/2011 3:15:00 PM
HB 126
HB126 Supporting Documents-LB&A Subcommittee Recommendation ABC Board.pdf HL&C 2/9/2011 3:15:00 PM
SFIN 4/15/2011 9:00:00 AM
HB 126
HB126 Supporting Documents-RCA Audit Summary.pdf HL&C 2/9/2011 3:15:00 PM
SFIN 4/15/2011 9:00:00 AM
HB 126
HB126 Supporting Documents-RCA Sunset Review.pdf HL&C 2/9/2011 3:15:00 PM
SFIN 4/15/2011 9:00:00 AM
HB 126
HB125 ver A.pdf HL&C 2/9/2011 3:15:00 PM
HB 125
HB125 Sponsor Statement.pdf HL&C 2/9/2011 3:15:00 PM
HB 125
HB125 Draft Proposed Amendment ver M.2.pdf HL&C 2/9/2011 3:15:00 PM
HB 125
HB125 Supporting Documents-ABC Sunset Review.pdf HL&C 2/9/2011 3:15:00 PM
HB 125
HB125 Supporting Documents-Email Neil Darish 2-4-2011.pdf HL&C 2/9/2011 3:15:00 PM
HB 125
HB125 Opposing Documents-Letter ABC Director Gifford 2-4-11.pdf HL&C 2/9/2011 3:15:00 PM
HB 125
HB125 Supporting Documents-LB&A Subcom Rcmndtn ABC Board.pdf HL&C 2/9/2011 3:15:00 PM
HB 125
HB125 Supporting Documents-Related Statutes.pdf HL&C 2/9/2011 3:15:00 PM
HB 125
HB125 Fiscal Note-CCED-CBPL-2-8-11.pdf HL&C 2/9/2011 3:15:00 PM
HB 125
HB125 Fiscal Note-DPS-ABC-2-8-11.pdf HL&C 2/9/2011 3:15:00 PM
HB 125
HB125 Opposing Documents-Email AACOP 2-8-2011.pdf HL&C 2/9/2011 3:15:00 PM
HB 125
HB126 Fiscal Note-DPS-ABCB-02-07-11.pdf HL&C 2/9/2011 3:15:00 PM
HB 126