Legislature(2007 - 2008)BUTROVICH 205

02/15/2007 01:30 PM Senate TRANSPORTATION


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
SB 41 REPEAL STUDDED TIRE FEE
Moved CSSB 41(L&C) Out of Committee
= SB 15 BOARD OF MARINE PILOTS
Moved CSSB 15(TRA) Out of Committee
= SB 49 COMMEMORATIVE PLATES: STATEHOOD ANIV.
Moved CSSB 49(STA) Out of Committee
                 SB  15-BOARD OF MARINE PILOTS                                                                              
                                                                                                                                
CHAIR KOOKESH announced SB 15 to be up for consideration.                                                                       
                                                                                                                                
2:02:48 PM                                                                                                                    
                                                                                                                                
SENATOR  THERRIAULT, sponsor  of SB  15, explained  that the  bill                                                              
extends the Board  of Marine Pilots by eight years,  to 2015. When                                                              
dealing with sunset  dates he typically defaults  to the auditors'                                                              
recommendation.  He  noted that  the  packets distributed  to  the                                                              
committee  should  contain  the  auditors'  report  and  that  Pat                                                              
Davidson,  Legislative  Auditor,   was  available  to  respond  to                                                              
questions. He  said the  "audit shop" had  been watching  a number                                                              
of issues related  to the operation of the board  including random                                                              
drug testing of marine pilots.                                                                                                  
                                                                                                                                
SENATOR COWDERY asked if an eight year extension was standard.                                                                  
                                                                                                                                
SENATOR THERRIAULT  replied  that extensions  were shorter  in the                                                              
past,  but  the legislature  decided  that  the frequency  of  the                                                              
sunset  dates was shorter  than  it needed to  be. The  suggestion                                                              
was that the sunsets should be extended.                                                                                        
                                                                                                                                
2:06:42 PM                                                                                                                    
                                                                                                                                
RICK URION,  Director of the  Division of Corporations,  Business,                                                              
and  Professional  Licensing  for   the  Department  of  Commerce,                                                              
Community,  & Economic  Development  (DCCED),  stated his  support                                                              
for SB  15. The  Board of  Marine Pilots  has completed  its audit                                                              
period,  and   all  suggestions   that  the  auditors   made  were                                                              
appropriately  addressed. The  board provides  a valuable  service                                                              
and it ought to be continued, he stated.                                                                                        
                                                                                                                                
ALBERT CLOUGH, Deputy  Commissioner of the DCCED and  Chair of the                                                              
Marine  Pilots  Board,  stated   that  the  board  fully  supports                                                              
extending the  sunset date,  but it has  no opinion on  the length                                                              
of the extension.                                                                                                               
                                                                                                                                
CHAIR  KOOKESH asked  Pat Davidson  to discuss  the length  of the                                                              
extension.                                                                                                                      
                                                                                                                                
PAT  DAVIDSON,  Auditor  for the  Division  of  Legislative  Audit                                                              
(DLA),  relayed that  several years  ago  the suggested  extension                                                              
time for boards  and commissions changed from four  years to eight                                                              
years. The  sunset notion  relates to  whether or  not a  board or                                                              
commission  should remain  in existence,  but  when there  is a  4                                                              
year rotation only  operational efficiencies are  addressed to the                                                              
exclusion of continuation issues.                                                                                               
                                                                                                                                
MS. DAVIDSON  said the  DLA recommended a  six year  extension for                                                              
the  Board of  Marine  Pilots. However,  a  concern  was that  the                                                              
board  membership includes  marine  pilots,  industry, and  public                                                              
members, and there  have been issues related to  marine pilots and                                                              
the Executive  Branch Ethics Act  and less directly  with industry                                                              
members.  The result  is that there  is not  a sufficient  balance                                                              
between industry and marine pilots.                                                                                             
                                                                                                                                
She  said that  the  division conducted  a  survey  of pilots  and                                                              
industry members  and found that  both wanted the board  to remain                                                              
involved in  rate setting, so  a six-year extension  was suggested                                                              
so that the  division would be able  to look back and  see if some                                                              
of the rate-setting issues were resolved.                                                                                       
                                                                                                                                
2:11:00 PM                                                                                                                    
                                                                                                                                
SENATOR  WIELECHOWSKI  asked if  the  audit division  supports  an                                                              
eight-year extension.                                                                                                           
                                                                                                                                
MS.  DAVIDSON  replied  that  that   it  recommended  the  shorter                                                              
extension but that it is the legislature's decision.                                                                            
                                                                                                                                
SENATOR   COWDERY   asked  her   to   expand  upon   the   audit's                                                              
recommendations.                                                                                                                
                                                                                                                                
MS.  DAVIDSON said  there were  three  operational issues:  random                                                              
drug testing, the  administration and sample pool  of which should                                                              
be improved;  the issue of vacant  positions which led  to delayed                                                              
investigations;  and  competency  in  performance  monitoring  and                                                              
peer review which the survey showed to be ineffective.                                                                          
                                                                                                                                
2:14:28 PM                                                                                                                    
                                                                                                                                
SENATOR  THERRIAULT said  he was  comfortable  with the  auditors'                                                              
six-year recommendation.                                                                                                        
                                                                                                                                
SENATOR OLSON  asked if  an amended bill  would impact  the fiscal                                                              
note.                                                                                                                           
                                                                                                                                
SENATOR  THERRIAULT answered  that  it likely  would  not, as  the                                                              
fiscal note only accounts for five years.                                                                                       
                                                                                                                                
SENATOR OLSON asked  if audits were done by the  auditory staff or                                                              
contracted out.                                                                                                                 
                                                                                                                                
SENATOR THERRIAULT replied that most audits are done in-house.                                                                  
                                                                                                                                
CHAIR KOOKESH moved  to adopt Amendment 1, changing  the extension                                                              
of  the Board  of Marine  Pilots from  eight years  to six  years.                                                              
There being no objection, Amendment 1 was adopted.                                                                              
                                                                                                                                
CHAIR  KOOKESH closed  public testimony  and  asked the  committee                                                              
for final comments.                                                                                                             
                                                                                                                                
SENATOR OLSON  asked if the  marine pilots  had weighed in  on the                                                              
issue of six versus eight years.                                                                                                
                                                                                                                                
CHAIR KOOKESH  said there  had been a  discussion with  the pilots                                                              
and he didn't hear any objection.                                                                                               
                                                                                                                                
2:18:14 PM                                                                                                                    
                                                                                                                                
SENATOR  OLSON  motioned  to  report   SB  15,  as  amended,  from                                                              
committee  with  individual recommendations  and  attached  fiscal                                                              
note(s).  There  being  no  objection,  CSSB  15(TRA)  moved  from                                                              
committee.                                                                                                                      
                                                                                                                                

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