Legislature(1999 - 2000)
03/15/1999 01:55 PM House FIN
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
HOUSE FINANCE COMMITTEE
March 15, 1999
1:55 P.M.
TAPE HFC 99 - 45, Side 1.
CALL TO ORDER
Co-Chair Therriault called the House Finance Committee
meeting to order at 1:55 P.M.
PRESENT
Co-Chair Therriault Representative Foster
Vice Chair Bunde Representative Grussendorf
Representative G. Davis Representative Kohring
Representative Austerman Representative Moses
Representative J. Davies Representative Williams
Representative Mulder was not present for the meeting.
ALSO PRESENT
Doug Griffin, (Testified Via Teleconference), Director,
Alcohol Control Board, Anchorage; Pat Harman, Staff,
Representative Pete Kott.
SUMMARY
HB 94 An Act removing employees of the Alcoholic
Beverage Control Board from the exempt service.
HB 94 was reported out of Committee with a "do
pass" recommendation and with a zero fiscal note
by the Department of Revenue dated 3/8/99.
HOUSE BILL NO. 94
"An Act removing employees of the Alcoholic Beverage
Control Board from the exempt service."
PAT HARMAN, STAFF, REPRESENTATIVE PETE KOTT, explained that
HB 94 was a house keeping measure. The Alcohol Beverage
Control (ABC) employees are now all in classified service
and AS 39.25.110(15) should be replaced.
Mr. Harman continued, at one time, ABC employees were exempt
and were appointed to the positions. At present time, all
ABC employees are listed in classified service. The current
statute lists ABC employees in exempt service. The proposed
statute is not applicable to the current situation. The
legislation has resulted from constituents concerns. Mr.
Harman urged Committee members support of the legislation.
Representative Bunde asked if the legislation would have any
effect on the ABC Board's authority to carry concealed guns.
Mr. Harman replied the proposed legislation would not have
any effect on that ruling; it would be a separate issue.
Co-Chair Therriault pointed out that statute indicates that
these employees are exempt employees, however, a union
represents them. He questioned that status.
DOUG GRIFFIN, (TESTIFIED VIA TELECONFERENCE), DIRECTOR,
ALCOHOL BEVERAGE CONTROL BOARD, ANCHORAGE, explained that
the statute has not been followed. Enforcement officers in
the agency have not been exempt for the last 30 years.
Co-Chair Therriault asked the employees length of tenure.
Mr. Griffin replied that these are long standing employees.
Co-Chair Therriault pointed out that statute indicates that
it is only the individuals listed on Page 2, Subsection 15,
which are offered Peace Officer powers and should fall into
the exempt category. He inquired the number of employees
which fall into that category and what the limited powers
would enable them to do. Mr. Griffin replied that four
investigators would be indicated in that section. Title 4
specifies all administrative and criminal division
requirements. He stressed that enforcement must be carried
out.
Title 4 confers limited Peace Officer powers to the Board,
however, limits it to primarily alcohol beverage laws.
There has been a limited commission conferred on the Board
by Commissioner Otte, Department of Public Safety, to
investigate gambling and prostitution on only licensed
premises. He emphasized that most of the work done by the
ABC Board is done on the licensees.
Co-Chair Therriault asked about the authorization power to
carry concealed weapons in executing the duties of the
Board. Mr. Griffin responded that the provision was removed
which prohibited ABC Board regulators from carrying
concealed weapons. The Board is going through a process of
allowing regulators to carry concealed weapons and would
include training and certification provisions. That,
currently, is not in effect, however, the Board is moving
forward with changing the policies and procedures in order
that weapons may be carried for defense. He advised that
there exist strong support from local police and troopers to
allow investigators to carry weapons.
Co-Chair Therriault questioned if the decision made
regarding investigators carrying concealed weapons would be
under the control of the ABC Board or made in conjunction
with Department of Public Safety. Mr. Griffin explained
that statute reads that the Board would confer authority to
carry firearms in the performance of duty and that authority
would need to be approved by the Commissioner from the
Department of Public Safety. He acknowledged that there
would need to be coordination between the two entities.
Co-Chair Therriault questioned what the response would be if
one of the ABC employees was dismissed by the
Administration. Mr. Griffin did not know and recommended
that issue be addressed by an attorney. He emphasized that
the Board attempts to hire employees based on merit and
professionalism.
Mr. Harman pointed out that "classified" consists of all
positions in State service not included in exempt or
partially exempt service, which is a default category.
Representative Bunde questioned if any of the employees were
political appointees. Mr. Griffin replied that none of the
current employees are political appointees.
Representative Foster MOVED to report HB 94 out of Committee
with individual recommendations and with the zero fiscal
note by the Department of Revenue.
HB 94 was reported out of Committee with a "do pass"
recommendation and with a zero fiscal note by the Department
of Revenue dated 3/8/99.
ADJOURNMENT
The meeting adjourned at 2:15 P.M.
H.F.C. 3 3/15/99
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