Legislature(2019 - 2020)SENATE FINANCE 532
03/13/2019 09:00 AM Senate FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| SB36 | |
| SB53 | |
| SB43 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 53 | TELECONFERENCED | |
| + | SB 43 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 36 | TELECONFERENCED | |
SENATE FINANCE COMMITTEE
March 13, 2019
9:02 a.m.
9:02:39 AM
CALL TO ORDER
Co-Chair von Imhof called the Senate Finance Committee
meeting to order at 9:02 a.m.
MEMBERS PRESENT
Senator Natasha von Imhof, Co-Chair
Senator Bert Stedman, Co-Chair
Senator Click Bishop
Senator Peter Micciche
Senator Donny Olson
Senator Mike Shower
Senator Bill Wielechowski
Senator David Wilson
MEMBERS ABSENT
Senator Lyman Hoffman
ALSO PRESENT
Senator Cathy Giessel; Sara Chambers, Director, Division of
Corporations, Business and Professional Licensing,
Department of Commerce, Community and Economic Development;
Senator Gary Stevens, Sponsor; Tim Lamkin, Staff, Senator
Gary Stevens; Kris Curtis, Legislative Auditor, Alaska
Division of Legislative Audit; Scott Ogan, former member,
Big Game Commercial Services Board, Juneau.
PRESENT VIA TELECONFERENCE
Paul Layer, Vice President for Academics and Research,
University of Alaska, Fairbanks; Henry Tiffany, Chairman;
Big Game Commercial Services Board, Fairbanks; Jason Bunch,
Member, Big Game Commercial Services Board, Kodiak; Sam
Rohrer, President, Alaska Professional Hunters Association,
Kodiak; Mark Richards, Executive Director, Resident Hunters
of Alaska, Fairbanks.
SUMMARY
SB 36 EXTEND BOARD OF NURSING
SB 36 was REPORTED out of committee with a "do
pass" recommendation and with one previously
published fiscal impact note: FN1(CED).
SB 43 EXTEND BIG GAME COMMERCIAL SERVICES BOARD
SB 43 was HEARD and HELD in committee for further
consideration.
SB 53 UNIVERSITY REPORTING REQUIREMENTS
SB 53 was HEARD and HELD in committee for further
consideration.
Co-Chair von Imhof shared that Senator Hoffman was excused
from committee.
SENATE BILL NO. 36
"An Act extending the termination date of the Board of
Nursing; and providing for an effective date."
9:03:30 AM
Co-Chair von Imhof relayed that the committee had first
heard the bill on March 1, 2019; public testimony was taken
during the first hearing.
9:04:10 AM
SARA CHAMBERS, DIRECTOR, DIVISION OF CORPORATIONS, BUSINESS
AND PROFESSIONAL LICENSING, DEPARTMENT OF COMMERCE,
COMMUNITY AND ECONOMIC DEVELOPMENT, stated that there had
been several questions from the committee pertaining to the
bill, and the division had responded in writing (copy on
file). She noted that the division had been working with
the board to ensure that the telehealth regulations were
reviewed in April 2019. The regulation should be available
for public comment and then would go back to the board for
discussion and adoption.
9:05:13 AM
Senator Wilson MOVED to report SB 36 out of Committee with
individual recommendations and the accompanying fiscal
note. There being NO OBJECTION, it was so ordered.
SB 36 was REPORTED out of committee with a "do pass"
recommendation and with one previously published fiscal
impact note: FN1(CED).
SENATE BILL NO. 53
"An Act relating to the duties of the Board of Regents
of the University of Alaska."
9:05:39 AM
SENATOR GARY STEVENS, SPONSOR, thanked the committee for
hearing the bill. He pondered how many college degrees had
been completed by the committee members. He thought the
loss of accreditation by the University of Alaska for it's
teaching program in Anchorage was tragic. He had been
surprised that the president and Board of Regents had not
known of the impending loss of accreditation. The bill
would require that the legislature to twice a year
investigate the accreditation of the University. He
lamented that once accreditation was lost it could take up
to 5 years to gain it back. He relayed that there were 65
accreditations around the University. He said that it was
very important that the Board of Regents and the resident
track the accreditation of the University.
9:10:07 AM
TIM LAMKIN, STAFF, SENATOR GARY STEVENS, discussed the
Sectional Analysis for SB 53 (copy on file):
Co-Chair von Imhof asked how the Board of Regents could
have approached Senator Stevens with the issue of
accreditation.
Senator Stevens had not communicated with the Board of
Regents regarding the issue. He thought that the loss of
accreditation had been an error on the board's part. He
discussed teacher accreditation.
9:12:08 AM
Senator Olson asked whether the Universitys accreditation
could have been saved if legislation like SB 53 had already
existed.
Senator Stevens replied in the affirmative. He noted that
the bill required the Board of Regents to report to the
legislature twice a year concerning accreditation.
9:13:12 AM
Mr. Lamkin reviewed the Explanation of Changes: From
Version A to Version U (copy on file):
Section 1 & 2: Conforming Report Recipients
For consistency with other various reporting
requirements of state agencies, both the existing
requirement for reporting on UA teacher training, and
the new UA accreditation report are required to be
submitted to the Legislature (Senate Secretary / House
th
Chief Clerk) by the 30 legislative day. The reports
are subsequently to be presented in a formal hearing
setting to the education committees:
a. The teachers report remaining biennial
(beginning of each new Legislature)
b. The accreditation report being submitted
semiannually, twice per year:
i. By the 30th legislative day (approx. Feb
15); and
ii. On or by July 1st
Section 2: Report Detail
Language detailing report content was amended to align
with common terms used in academia as regards
accreditation, and cross referenced from:
a. a current report submitted to the Board of
Regents, disaggregating report components;
b. the fiscal note, citing existing Board of
Regents policy (P10.06.010).
The intent of the changes in this section is to make
this new reporting requirement fairly align with what
is currently reported to the Board of Regents,
broadening the awareness of such reports to include
the legislature.
Reporting detail calls for particular emphasis on any
potential loss of accreditation in the future.
9:15:08 AM
Senator Micciche wondered why there was not a reference to
meeting the requirements for the Council for Accreditation
of Educator Preparation (CAEP).
Mr. Lamkin stated that the bill was an accountability
measure. It was presumed that the report would necessitate
more scrutiny of the process and the following of
regulation.
Senator Stevens reminded the committee that there were 65
accreditation agencies, and that CAEP was only one of those
agencies. He did not think it was easy for the university
to keep track of all the various accreditations but that
they had a responsibility to do so. He reiterated that
there had been a lack of attention that resulted in the
loss of accreditation.
9:17:50 AM
Senator Micciche referenced Section 1, which was
specifically about teachers. He thought that the bill was
important but wondered what set of standards would be used
to craft the biannual report sent to the legislature.
Senator Stevens was not sure how to address Senator
Micciche's question. He reiterated that the review process
was complicated.
Co-Chair von Imhof thought after reading the accreditation
requirements for the School of Education, there were 5
standards that had to be met in order to meet accreditation
standards. She suspected that in the reporting there would
be a listing of each requirement needed to maintain
accreditation, along with a description of how the
University was meeting those requirements.
Senator Stevens did not want to go overly into detail. He
wanted the bill to result in increased attention to
accreditation. He did not think that the bill needed to get
into the minutia, due to the 65 different accreditation
agencies.
9:21:06 AM
PAUL LAYER, VICE PRESIDENT FOR ACADEMICS AND RESEARCH,
UNIVERSITY OF ALASKA, FAIRBANKS (via teleconference),
testified in support of the bill. He said that the
University had the ability to reply with the requests
outlined in the bill. He stated that the University
currently reported annually to the Board of Regents
regarding accreditation. He described the loss of
accreditation as an avoidable tragedy. He noted that there
were problems that the University had not been unaware but
that steps were being taken for quarterly reporting to the
board and to the president of the University. He said that
the different national organizations that did the
accreditation had different requirements and methods of
reporting, some were very specific, and some did not want
their recommendations made public.
9:24:00 AM
Co-Chair von Imhof understood that the University was
looking to get accreditation back for the School of
Education at the University of Alaska Anchorage (UAA). She
asked how long the process was expected to take.
Mr. Layer responded that an assessment was being done to
determine whether the UAA programs should be reaccredited.
He stated that the University was drafting documentation
about the process and the board would be meeting in April
2019 to make a recommendation. He continued that UA was
also considering whether the currently accredited programs
at the University of Alaska Southeast (UAS) and University
of Alaska Fairbanks (UAF) could meet the needs of students
in Anchorage who were pursuing teaching accreditation.
Moving forward with reaccreditation of UAA programs would
take a couple of years to compile the necessary data and
demonstrate proficiency. He said that the question was what
to do for students in the meantime who were currently
enrolled in those programs.
9:25:36 AM
Senator Shower had concerns about the loss of
accreditation. He thought it was the duty of the
legislature to investigate the issue. He asked whether Mr.
Layer thought the loss of accreditation would lead to a
more robust focus on requirements.
Mr. Layer thought the incident would lead to a more robust
analysis and feedback mechanism. He lamented that
information and concerns for the teaching program had not
been conveyed up through the administrative structure. He
thought there would be more scrutiny and increased
transparency as a result of the process. He continued that
the university was considering how the different programs
reported to the board. He thought reporting to the
legislature would help in the process.
9:28:12 AM
Senator Bishop hoped that the University would take the
lessons learned from the event and move forward with a plan
for it never to happen again. He discussed his experience
in the oil and glass and construction business; where there
would be a "stand down" process after an incident. He hoped
that there would be internal controls and the addition of
checks and balances. He noted that the University used
general fund dollars and should be making all accreditation
information public.
9:30:05 AM
Co-Chair von Imhof asked whether Mr. Layer wanted to
respond to Senator Bishop's comments.
Mr. Layer thought Senator Bishop's analogy of an industrial
accident was apt. He opined that there had been checks and
balances in place but there had clearly been a lack of
oversight. He assured that committee that steps were being
taken to make sure that loss of accreditation did not
happen again.
9:31:28 AM
Senator Wilson was concerned about the students who might
be relocated from Anchorage. He wondered whether the
University had considered transferring student to a private
entity in the area.
Mr. Layer affirmed that UAA had been working with Alaska
Pacific University (APU), which did not have the breadth of
programs offered by UAA. He reiterated that APU had limited
capacity.
9:32:57 AM
Senator Micciche wondered how the report proposed by the
bill was different than the status quo, if there were not
guidance documents that relayed standards. He referenced
his background in engineering. He thought most often there
were multiple layers of failure at work that resulted in
the loss of accreditation. If the University provided a
report to the legislature, he wondered how the body would
have any reference to act as a check against what the
University provided.
Mr. Layer stated that he was not an expert in teacher
accreditation, and had difficulty assessing what an
accreditor might recommend. He thought it was a challenge
to assess a comment from an accreditor. He recalled a
report with concerns, but it was unclear whether those
concerns were of the caliber that would result in a loss of
accreditation. Most accreditation reviews had comments, but
he found it difficult to assess the severity. He was not
sure how the legislature would assess the report proposed
in the bill. He relayed that all the University could do
was provide the reports from accrediting agencies, when
possible, of quality concerns.
9:36:17 AM
Senator Bishop commented that UAS and UAF had not
experienced problems with accreditation.
9:36:42 AM
Senator Shower asserted that accountability was important.
He asked whether anyone had been held accountable for the
loss of accreditation at UAA.
Mr. Layer wanted to clarify that UAF underwent a successful
review in the previous year, and UAS was currently
undergoing an accreditation review process and self-study.
Mr. Layer thought accountability was a big issue and
reminded that there was new leadership at UAA and in the
School of Education. New reporting would identify a person
as a responsible party for an accreditation review. The new
reporting would require that a person be identified as the
lead for the accreditation review, those names would be
associated with each of the accreditation reviews and
responsible parties would be identified.
9:39:57 AM
Co-Chair von Imhof OPENED public testimony.
9:40:10 AM
Co-Chair von Imhof CLOSED public testimony.
Senator Bishop reviewed FN 1 from University of Alaska, OMB
component 1296. He read from the analysis on page 2 of the
fiscal note:
The University of Alaska estimates that this
legislation would have no fiscal impact on current
operations.
Under current law, AS 14.40.190, the Board of Regents
of the University of Alaska must prepare a report that
provides:
a) the condition of university property; receipts
and expenditures; administration and disposition
of appropriated and restricted funds, including
the unexpended balance of university receipts;
and on the educational and other work performed
by the university during the preceding year. This
report is due annually at the beginning of each
regular legislative session.
b) information on teacher preparation, retention
and recruitment programs and initiatives at the
University of Alaska. This report is to be
entitled "Alaska's University for Alaska's
Schools" and is due no later than the 30th day of
the first regular legislative session. It is
sometimes referred to as the SB 241 Report, after
the 2008 bill establishing the requirement
[Chapter 71, SLA 2008].
This legislation would add a third reporting
requirement by adding a new subsection (c) to AS
14.40.190. The board would be required to prepare a
biennial report on the status of national, regional,
and programmatic accreditations at the University of
Alaska, and describing the efforts being made to
maintain or achieve those accreditations. The report
would be presented to the House and Senate Education
Committees no later than the 30th day of the first
regular legislative session.
9:41:34 AM
SB 53 was HEARD and HELD in committee for further
consideration.
SENATE BILL NO. 43
"An Act extending the termination date of the Big Game
Commercial Services Board; and providing for an
effective date."
9:41:53 AM
Co-Chair von Imhof relayed that previous discussions on the
bill had concerned guides keeping their licenses while
under investigation. She reminded the committee that the
division staff, board members, and legislators, could not
comment on any specific details on any issues currently
being investigated, or in an administrative process,
including appeals.
9:42:56 AM
Senator David Wilson, Sponsor, spoke to SB 43. He stated
that the bill was originally thought to be simple, but many
issues had arisen. He reminded that the bill only concerned
a board extension.
Senator Wilson read from the sponsor statement (copy on
file):
Senate Bill 43 extends the termination date for the
Big Game Commercial Services Board until June 30th,
2025. The board consists of two licensed Registered
Guide-Outfitters, two licensed Transporters, two
private landholders, two public members, and one
member from the Board of Game.
Legislative Audit conducted their review of this board
and determined that "The audit concluded that the
board served the public's interest by conducting
meetings in accordance with applicable laws, amending
regulations to improve occupations under the board's
purview, and supporting changes by the Department of
Law to improve the timeliness of the disciplinary
process. In accordance with AS 08.03.010(c)(9), the
board is scheduled to terminate on June 30, 2019. We
recommend that the legislature extend the board's
termination to June 30, 2025, which is two years less
than the eight-year maximum allowed for in statute."
The Big Game Commercial Services Board plays an
important role in managing the activities of
commercial game hunters in the interest of the State's
wildlife resources.
Thank you for your consideration of this legislation.
Senator Wilson noted that Legislative Audit had made three
recommendations for improvement to the board. He noted that
the recommendations were not only the purview of the board,
but of the Division of Corporations, Business and
Professional Licensing. He read the recommendations on page
1 of the document "A Sunset Review of the Department of
Commerce, Community, and Economic Development, Big Game
Commercial Services Board (board)," (copy on file):
1. The Division of Corporations, Business, and
Professional Licensing's (DCBPL) director should
improve management oversight procedures to ensure
required documentation is obtained, reviewed, and
retained to support licensure.
2. DCBPL's chief investigator should increase
oversight to improve the timeliness of investigations.
3. The Office of the Governor, Boards and Commissions
director should work with the board to identify
potential applicants in a timely manner.
Senator Wilson continued that DCBPL had recognized the need
for additional supervisory support to provide quality
control. Also, DCBPL had added supervisors - an addition to
examiner's work in improving training and procedures. In
addition, there was a new chief investigator, and two
senior investigators to provide more quality assurance. He
asserted that the division had heard the message from
Legislative Audit and was working to hold investigators
accountable for paperwork.
9:45:32 AM
Senator Wilson directed attention to a letter from Jason
Bunch, a member of the Big Game Commercial Services Board,
(copy on file) that addressed open cases. He relayed that
in FY 2015, the board carried a deficit of approximately $1
million, but would end FY 2018 with a positive balance of
approximately $100,000. He said that the board had 56
current open cases, 19 of which were prepared for review by
the board in April 2019. He said that 13 cases were
currently active with Alaska Wildlife Troopers, 10 cases
were at some level of litigation, 2 cases were complete and
awaiting action, 12 cases were ongoing. He said that
investigations could be lengthy and consisted of many
levels of scrutiny. He said that once DPS closed a case
they would contact the division with direction for guides.
He noted that the duties of the board were outlined in AS
08.54.60. He mentioned that the main issue stemmed from
imposing disciplinary sanctions upon licensees. He thought
that perhaps the issue could be addressed in a different
bill and was not addressed in SB 43.
9:50:12 AM
Senator Wilson reviewed the did a brief sectional analysis
of the bill. He said that Section 1 would extend the sunset
date to June 30, 2025, and Section 2 provided for an
immediate effective date.
9:50:30 AM
Senator Olson noted that the board extension was proposed
for six years. He wondered about the length of the
extension and asked whether the proposed extension had come
from the auditor's report.
Senator Wilson had relied upon expertise of the Division of
Legislative Audit and had considered their recommendation
when crafting the bill.
9:51:52 AM
Co-Chair von Imhof reminded that there would be public
testimony. She relayed the list of invited testifiers.
9:52:40 AM
KRIS CURTIS, LEGISLATIVE AUDITOR, ALASKA DIVISION OF
LEGISLATIVE AUDIT, addressed the document "A Sunset Review
of the Department of Commerce, Community, and Economic
Development, Big Game Commercial Services Board (board),"
(copy on file). She stated that the audit concluded that
the board served the public's interest by conducting
meetings in accordance with applicable laws, amending
regulations to improve occupations under the board's
purview, and supporting changes by the Department of Law to
improve the timeliness of the disciplinary process.
Additionally, the board worked to eliminate the over $1
million deficit reported in the prior 2015 sunset audit.
Ms. Curtis furthered that the audit also concluded that
board licenses were not consistently supported by adequate
documentation, a high number of investigations had
unjustified periods of inactivity, and three board
positions were vacant for an extended period. She relayed
that the division recommended a 6-year extension for the
board.
Ms. Curtis referenced Page 8 of the audit:
As of May 31, 2018, there was a total of 1,219 active
licensees, representing a 20 percent decrease from the
1,532 reported in the 2015 sunset audit.5 According to
the board chair, the decrease is due, in part, to
guides retiring and a reduced interest in the
profession. Additionally, the chair reported there
were less transporters because many changed to
operating as air taxis to avoid the licensed
transporter reporting requirements and fees.
As of April 2015, there were 151 licensed transporters
compared to 90 as of May 2018, representing a 40
percent reduction in the number of transporters.
Auditors also noted a large drop in assistant guides
and registered guide-outfitters. The prior audit
reported 742 and 399 licensees respectively as of
April 2015. The numbers dropped to 583 and 322 as of
May 2018.
Ms. Curtis noted the schedule of revenues and expenditures
on Page 10. She relayed that the board had a surplus of
just over $132,000 at the end of FY 2018, which was
significant because the board had been able to eliminate
and over $1 million deficit.
Ms. Curtis read the recommendations for improvements found
on Page 14:
Recommendation No. 1:
DCBPL's director should improve management oversight
procedures to ensure required documentation is
obtained, reviewed, and retained to support licensure.
The audit found that DCBPL staff did not consistently
license individuals according to statutes and
regulations. Fourteen of 25 new licenses (56 percent)
tested as part of the audit did not have sufficient
documentation to support licensure and four applicants
had more than one deficiency identified. Deficient
documentation included:
.notdef seven license files were missing or had
outdated background checks required by law
(public safety or wildlife enforcement);
.notdef two lacked adequate investigatory or
supervisory review and one lacked additional
board approval of applicants potentially not
meeting professional fitness requirements
required by AS 08.01.075(c) and DCBPL policy;
.notdef one license lacked a board majority vote to
support licensure when an investigation of a
professional fitness question was completed. Per
DCBPL policy, the application should have been
approved by the board;
.notdef one lacked a valid first aid certification
required by 12 AAC 75.130(a)(3); and,
.notdef one lacked verification of an out-of-state
license in good standing required by 12 AAC
75.130(a)(8).
In 2005 the board delegated to DCBPL the authority to
review applications and issue licenses. Per AS
08.01.050(a)(3), (9), and (14), DCBPL is responsible
for overseeing the licensing activity for the board.
The deficiencies were caused, in part, by DCBPL
management's lack of adequate oversight procedures to
ensure all board required documentation was obtained,
reviewed, and retained to support licensure.
Additionally, seven of the 25 new licensing files
lacked complete application checklists. Application
checklists are DCBPL's internal control to ensure
files are complete and that all requirements are met
prior to licensure. According to DCBPL management,
there was turnover in the staff position providing
support for this board that contributed to the
deficiencies. Not licensing in accordance with laws
increases the risk to public safety and the State's
wildlife resources.
We recommend DCBPL's director improve management
oversight procedures to ensure required documentation
is obtained, reviewed, and retained to support
licensure.
9:56:24 AM
Ms. Curtis continued to discuss the divisions
recommendations:
Recommendation No. 2:
DCBPL's chief investigator should increase oversight
to improve the timeliness of investigations.
The audit reviewed 22 of 145 cases open for over 180
days between July 2015 and May 2018. Twenty of the 22
cases were found to have unjustified periods of
inactivity ranging from two months to 18 months.
According to the chief investigator, periods of
inactivity were due, in part, to a lack of adequate
resources to investigate the large case load and
supervisors not adequately monitoring cases.
Per AS 08.01.050(a)(19), DCBPL is responsible for
investigating and monitoring occupational licensing
activity. Investigations and complaints that sit idle
for extended periods increase the risk to public
safety and the State's wildlife resources.
We recommend DCBPL's chief investigator increase
oversight to improve the timeliness of investigations.
Recommendation No. 3:
The Office of the Governor, Boards and Commissions
director should work with the board to identify
potential applicants in a timely manner.
From July 2015 through May 2018, a licensed
transporter board position and a private landholder
board position were vacant for six months due to an
inability to identify interested applicants.
Furthermore, one board position occupied by a member
of the Board of Game was vacant for eight months
because Office of the Governor, Boards and Commissions
staff were not notified of the vacancy. As of
September 2018, all board positions were filled except
one landholder position.
Per AS 08.54.591, the board is statutorily required to
consist of nine members covering specific areas of
expertise and experience including two licensed
transporters and two members who represent private
landholders affected by guided hunting activities or
transportation services. The private landholder
positions must not hold a guide or transporter
license. According to the Boards and Commissions
staff, the two licensed transporters and two private
landholder positions have been difficult to fill due
to a limited pool of qualified candidates. Private
land affected by guided hunting or transportation
activities is often owned by large private landholders
which limits the pool of potential applicants.
Additionally, the number of licensed transporters
decreased 40 percent from FY 15 to FY 18 further
limiting the pool of potential applicants.
Board vacancies reduce input from the specific groups
represented by the vacant positions. Vacancies may
also result in a lack of quorum and an inability to
efficiently conduct board business.
We recommend the Boards and Commissions director work
with the board to identify potential applicants in a
timely manner.
Ms. Curtis stated that response to the audit began on Page
23. She relayed that the commissioner of DCCED agreed with
recommendations 1 and 2 and had taken steps to resolve both
recommendations. The Office of the Governor response could
be found on Page 27; they agreed to work to fill vacancies
in a timely manner. She concluded that the chair of the
boards response was on Page 29. The chair agreed to work
with the governors office to fill vacancies and assured
the division that at the time of the response, all board
seats were filled.
9:57:39 AM
Co-Chair von Imhof solicited questions from the committee.
9:57:51 AM
Senator Olson asked why the 6-year extension was chosen
over a shorter sunset timeframe.
Ms. Curtis stated that the most recent sunset audit had
been three years previously, which was a short extension.
She stated that due to the deficit the recommendation had
been for the shorter extension of 3 years. She related that
the board was serving the public interest but did typically
have issues with investigations. She noted that the
licensing issues were new. She said that rather than
recommending the maximum extension of 8 years, 6 years had
been determined in recognition of the two lingering issues.
9:59:12 AM
Senator Wielechowski thought that there had been continuing
problems with the board. In 2011, the board had only been
extended for 4 years, and for 3 in 2015. He thought the
issues had been substantial. He asked about the
recommendation for the 6-year extension and wondered
whether there this was because of improvements in board
practices.
Ms. Curtis responded that the board had addressed the
matter of hunt records, which were now used by
municipalities in the assessment of taxes. She noted the
board had addressed the deficit and stated that, in
general, the board had improved.
10:00:47 AM
Senator Wielechowski asked whether the board had placed the
responsibility of its issues on the DCBPL.
Ms. Curtis thought it was a fair assessment with
recommendations 1 and 2. She said that the board had
delegated the responsibility for issuing licenses to DCBPL,
but the board was still accountable for issues and were
required to provide oversight.
10:01:50 AM
Senator Wielechowski asked how to fix the problems of
deficiencies at DCBPL.
Ms. Curtis stated that the Division of Legislative Audit
would not be looking at DCBPL for another 6 years,
regarding this board. She stressed that DCBPL was
investigated every year for sunset audits for various other
boards.
10:02:36 AM
Senator Shower was concerned about the continuing issues
with the board. He wondered whether the extension should be
shorter than 6 years. He asked what mechanism was available
to consider the issues after the passage of a 6-year
extension.
Ms. Curtis stated that consideration through the sunset
audit process would not be available for six years after
the passage of the bill, however, a special audit could be
done. The legislature could always go directly to the
department for updated information.
Senator Shower wondered whether special audits took
additional time and money.
Ms. Curtis stated that the performance audit would not
increase the budget of the division.
Co-Chair von Imhof noted that Ms. Curtis had several audits
to balance and was only one layer in evaluating various
boards.
10:05:24 AM
SARA CHAMBERS, DIRECTOR, DIVISION OF CORPORATIONS, BUSINESS
AND PROFESSIONAL LICENSING, DEPARTMENT OF COMMERCE,
COMMUNITY AND ECONOMIC DEVELOPMENT, stated that she had
been asked to provide a response from the administration
and focus on some concerns that had been raised,
particularly regarding investigations. She stated that
DCBPL oversaw 21 licensing boards, and 22 additional
professions that were managed without a board, within the
division. She stated that the division always appreciated
the audit process and agreed with the audit findings. There
had been significant turnover in the single licensing
position for the program, as well as the supervisor that
oversaw the program. she relayed that the audit, as well as
other audits of other boards, had shared similar concerns;
it was a matter of balancing keeping government lean, while
being able to do mandated work. Since she was appointed as
director, she felt accountable for her staff responding to
audit concerns.
Ms. Chambers thought Senator Wilson had provided a great
overview of some of the concerns about investigations and
the governor had recently authorized Administrative Order
306, which provides for the consolidation of investigative
activities and personnel in the Department of Law during FY
2020. She shared that the division would be partnering with
other agencies during the transition to assure that
everyone understood the expectations of investigative
responsibilities.
10:08:42 AM
Ms. Chambers addressed the subject of investigations and
noted that concerns raised in the audit pertained to
documentation. There could be long delays in
investigations, but if the matters were well-monitored, the
delays could be substantiated and justified. Since the
closure of the May 2018 audit period, standard operating
procedures required mandatory documentation of each case
must be completed every 30 to 45 days; meaning that there
would be no case, in any of the 43 professions, that would
go longer than 45 days without written justification. She
said that a supervisory review was mandated for every 90
days, at which time every supervisor would sit down with an
investigator to assess the cases in each profession. She
believed that maintaining management accountability would
alleviate the issue.
10:10:44 AM
Ms. Chambers asserted that there could be many reasons for
delays in investigations. She thought there had been public
concern over the length of delays. She thought due process
could delay the process. She said that Alaska Wildlife
Troopers were often pursuing criminal indictments that
would ten result in a licensing finding. Because the
division was not trained to be criminal investigators, it
partnered with the Department of Public Safety (DPS) and
put cases in a monitor status in case management
software, updating them every 30 to 45 days.
10:12:10 AM
Ms. Chambers continued to say that the criminal process
could take up to two years but stressed that the division
recognized the responsibility to review the cases
regularly.
10:12:25 AM
Ms. Chambers relayed that any board was able to issue a
summary suspension if it were found that there was
immediate danger, or risk of danger, to the public.
Examples of a summary suspensions included a healthcare
provider accused of sexual assault of a patient. She used
the example of a real case that included the discovery of
child pornography on a physicians computer. She said that
in such cases summary suspensions were swift. She did not
often find that wildlife violations posed the same risk.
She explained that if a licensee wounded a fellow guide, or
brandished a weapon, that would be strictly scrutinized by
the board. She added that wonton waste of game was a
serious concern in the state and was an example of
something that happened that was not of immediate risk to
the public.
10:14:40 AM
Ms. Chambers said that often the process could be slowed
with the wait of a response from a defendant. She stated
that defendants sometimes did not want to respond or were
waiting on an attorney. She relayed that a reviewing board
member would meet with investigators and then provide a
professional review. She said that without the board, the
division would have to hire out for that expertise, which
would increase cost to the state and licensees.
10:15:52 AM
Ms. Chambers continued, citing a delay in board action
regarding the appeal process. She reminded the committee
that the license was a property right and could not be
easily curtailed or taken away. She noted that the board
took disciplinary action on a license when one was
warranted by the states administrative process.
10:17:20 AM
Co-Chair von Imhof thanked Ms. Chambers for the thorough
report. She pointed out the two layers to investigations:
criminal and civil. She thought it was important to discuss
the differences between criminal and civil investigations;
and acknowledge that there should be more frequent updated
to pending files.
Co-Chair von Imhof continued her remarks. She related that
wildlife violations were not seen as risky as medical
license violations. She wondered whether the grounds for
revocation of wildlife licenses could be found in
regulation or statute. She felt that hunters recreating
outside of season, or outside designated areas, could put
the public in harms way.
10:19:45 AM
Senator Wielechowski referenced the audit:
The audit reviewed 22 of 145 cases open for over 180
days between July 2015 and May 2018. Twenty of the 22
cases were found to have unjustified periods of
inactivity ranging from two months to 18 months.
According to the chief investigator, periods of
inactivity were due, in part, to a lack of adequate
resources to investigate the large case load and
supervisors not adequately monitoring cases.
Senator Wielechowski stated that there had been no mention
of waiting for criminal investigation or the appeals
process. He asked whether Ms. Chambers disagreed with the
findings and whether the division had adequate resources to
monitor cases.
Ms. Chambers thought the findings were reflective of her
testimony. She had checked with the senior investigator to
ask whether there were enough investigative resources and
that they did not believe that there was a current need for
additional investigators for the program. She assured that
committee that cross training work was being done.
10:21:48 AM
Senator Micciche referenced a case where wildlife troopers
had incurred significant cost investigating a case of
wonton waste and falsification of hunt records. He noted
that the defendants license was currently valid. He
wondered whether the defendants license should have been
revoked while under investigation.
10:22:58 AM
AT EASE
10:24:06 AM
RECONVENED
Co-Chair von Imhof requested the current status of the case
referenced by Senator Micciche.
Ms. Chambers stated that the case was in process and
currently with the Office of Administrative Hearings as
part of the civil process. She could not specifically
address the case. In general, there was an ability for the
board to act and any licensee to have that action reviewed
by an administrative law judge.
10:25:11 AM
Senator Micciche asked if hypothetically, in a similar
case, the department would make a recommendation to revoke
or suspend the license.
Ms. Chambers stated that once a criminal process was
concluded, and the licenses was found guilty of a criminal
violation, the board would review the information and
documentation and make a recommendation for discipline up
to revocation if necessary. She thought the board had shown
great leadership in setting forth a disciplinary matrix and
would take appropriate action. The licensee could appeal
any decision.
10:27:44 AM
Co-Chair von Imhof hoped Henry Tiffany could clarify the
disciplinary matrix written in statute.
Senator Bishop asked if Ms. Chambers had seen the letter
from BGCSB board member Jason Bunch (copy on file). He
quoted the letter:
As a member of the Big Game Commercial Services Board
(BGCSB), I am amazed at the amount of mis- information
that is placed on public record during committee
hearings. I would like to respond to one statement
that has been made repeatedly during public testimony.
"The BGCS Board has an extensive case backlog with a
resounding 200 plus investigations open".
Currently, the Investigative Division of the Division
of Commerce who provides services for licenses which
are under the purview of the BGCSB has approximately
56 open cases. It is important to realize case logs
are ongoing, some will close soon while others will
surface. The number of open cases is constantly
changing due to the consistent and extremely efficient
work completed daily by
investigations.
The following is an account of the current 56 open
cases.
19 Cases prepared for board review and ruling during
the next annual meeting April 2-4, 2019
13 Cases currently active with the Alaska Wildlife
Troopers. (Investigations is monitoring awaiting AWT
action)
10 Cases are at some level of litigation through the
Office of Administration Hearings.
2 Cases are complete and in the hands of the
respondents to accept or reject the proposed actions
in
accordance with the administrative process.
12 Cases are ongoing; 7 are Breach of Contract
Complaint issues, 4 are license application problems.
As you can see by this factual information provided by
the Division of Commerce Investigations division, much
information is being provided that is blatantly false.
I send you this letter because I truly believe it is
our responsibility to identify fact from
unsubstantiated claims when making decisions that will
effect the people of Alaska and its natural resources.
Ms. Chambers felt that sometimes information was presented
to legislators by people who were not fully informed. She
agreed with Mr. Bunch's documentation of numbers of active
cases.
Senator Bishop had heard the bill previously in the Senate
Resources Committee. He found it troubling that guides
might not be held to the highest ethical standards. He
asked whether the caseload was out of the norm or was on
par with other boards.
Ms. Chambers offered to follow up with Senator Bishop later
to review investigative statistics and a caseload
comparison. She stated that each profession had wildly
differing number of licensees. She thought that a
comparison from profession to profession regarding the
investigative caseload could be helpful to the committee.
She wondered whether a review of the statutory thresholds
for guiding could be in order in the future.
10:32:14 AM
HENRY TIFFANY, CHAIRMAN; BIG GAME COMMERCIAL SERVICES
BOARD, FAIRBANKS (via teleconference), testified in support
of the bill.
Co-Chair von Imhof asked Mr. Tiffany to comment on the
board's statutory disciplinary matrix and whether it was
enough to address the wide variety of violation seen in
current cases.
Mr. Tiffany stated that the matrix was now referred to
Disciplinary Guidelines and Precedence. He asserted that
the board and members were very concerned with individual
licensees due process. He relayed that it was not
allowable for the board to seek action on a license unless
the issue was brought before the board through an
investigative arm or a complaint made directly to an
investigator. He shared that there was a simple form to
fill out to alert investigators to issues and the form was
an accountability measure. He said that he might hear about
a possible violation but until the complain went through
proper due process no board action could be taken.
10:36:14 AM
Mr. Tiffany continued to discuss violations and the
disciplinary matrix. He said that the matrix had been
developed to be fair and unbiased in the doling out of
appropriate sanctions. He thought the matrix worked well.
He said that if an individual felt they were treated
unfairly the matrix could be referenced for clarity.
Co-Chair von Imhof noted that there were 4 people signed up
for public testimony. She asked whether Mr. Tiffany could
stand by for questions.
Mr. Tiffany replied in the affirmative.
10:38:54 AM
Co-Chair von Imhof OPENED public testimony.
JASON BUNCH, MEMBER, BIG GAME COMMERCIAL SERVICES BOARD,
KODIAK (via teleconference), testified in support of the
bill. He opined that the sunset process was time consuming
for board volunteers. He said that the time spent on the
sunset process could be better used by board members. He
shared that he had put in many hours on the sunset issue.
He asserted that licensees under the board were good
businessmen. He noted that the 139 open cases did not
necessarily represent 139 different individuals.
10:42:05 AM
SAM ROHRER, PRESIDENT, ALASKA PROFESSIONAL HUNTERS
ASSOCIATION, KODIAK (via teleconference), spoke in strong
support of the bill. He felt that the board was critical to
the health the guiding industry in Alaska. He reiterated
the boards work in getting out of significant debt. He
spoke to the beneficial work done by the board. He feared
that if the board were not renewed, licensing standards
would suffer. He added that the board provided the only
interface between the Division of Licensing and the guiding
industry. Without the board the public would have little
opportunity to influence the regulations that control the
guiding industry.
10:44:39 AM
MARK RICHARDS, EXECUTIVE DIRECTOR, RESIDENT HUNTERS OF
ALASKA, FAIRBANKS (via teleconference), spoke to the
investigative issues raised by the audit. He spoke to his
letter (copy on file). He expressed concern with the
current matrix used in the disciplinary process. He
believed that there were serious issues within the Title 8
statutes that should be seriously looked at by the
legislature. He supported only a two-year extension for the
board.
10:48:02 AM
SCOTT OGAN, FORMER MEMBER, BIG GAME COMMERCIAL SERVICES
BOARD, JUNEAU, testified in support of the bill. He offered
some history of his relationship with the board. He feared
that eliminating the board would embolden unethical guides.
10:50:10 AM
Co-Chair von Imhof CLOSED public testimony.
10:50:23 AM
Mr. Tiffany fully supported the six-year extension as
proposed in the bill. He thought the board provided an
asset in the publics best interest. He thought the board
had a clear record of transparency. He referenced a letter
from Mr. Robert Cassell (copy on file). He considered that
the issue raised in the letter was out-of-date. He said
that he had investigated Mr. Cassells case and
investigators revealed that his 3 licenses had been
revoked. He said that Mr. Cassell had not been in
compliance with the requirements laid out by the Department
of Fish and Game and would not be able to practice until
her did so. He stressed that the issue would not be brought
before the board until due process had been concluded. He
clarified that the board could not address issues that had
not been formally brought before them. He reiterated that
the backlog of 200 cases was not factual information.
10:54:21 AM
Co-Chair von Imhof summarized the committee discussion for
SB 43.
SB 43 was HEARD and HELD in committee for further
consideration.
ADJOURNMENT
10:55:52 AM
The meeting was adjourned at 10:55 a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB053_UA_Accred_Reporting_SponsorStatement_20Feb2019.pdf |
SEDC 2/21/2019 9:00:00 AM SFIN 3/13/2019 9:00:00 AM |
SB 53 |
| SB053_UnivAK_AccreditReporting_Research_CAEP Report_Dec2018.pdf |
SEDC 2/21/2019 9:00:00 AM SFIN 3/13/2019 9:00:00 AM |
SB 53 |
| SB053_UnivAK_AccreditReporting_Research_CAEP_RevocationLetter_11JAN2019.pdf |
SEDC 2/21/2019 9:00:00 AM SFIN 3/13/2019 9:00:00 AM |
SB 53 |
| SB053_UnivAK_AccreditReporting_Research_Existing UA Accred Summary_21Feb2019.pdf |
SEDC 2/21/2019 9:00:00 AM SFIN 3/13/2019 9:00:00 AM |
SB 53 |
| 07_SB053_UnivAK_AccreditReporting_Research_BOR Policy_April2014.pdf |
SFIN 3/13/2019 9:00:00 AM |
SB 53 |
| 11_SB053_UnivAK_AccreditReporting_Sectional_VersionU.pdf |
SFIN 3/13/2019 9:00:00 AM |
SB 53 |
| 12_SB053_UA_Accred_Reporting_ExplainChanges_Version A to U.pdf |
SFIN 3/13/2019 9:00:00 AM |
SB 53 |
| SB 43 Sponsor Statement.pdf |
SFIN 3/13/2019 9:00:00 AM |
SB 43 |
| SB 43 Big Game Commercial Services Board Sunset Review Audit.pdf |
HRES 5/3/2019 1:00:00 PM SFIN 3/13/2019 9:00:00 AM |
SB 43 |
| SB 43 Letters of Opposition.pdf |
HRES 5/3/2019 1:00:00 PM SFIN 3/13/2019 9:00:00 AM SFIN 4/9/2019 9:00:00 AM |
SB 43 |
| SB 43 Letters of Support.pdf |
SFIN 3/13/2019 9:00:00 AM SFIN 4/9/2019 9:00:00 AM |
SB 43 |
| SB 43 Senator von Imhof.docx |
SFIN 3/13/2019 9:00:00 AM SFIN 4/9/2019 9:00:00 AM |
SB 43 |
| SB 43 RHAK Letter Senate Finance - Extend Big Game Commercial Services Board.pdf |
SFIN 3/13/2019 9:00:00 AM SFIN 4/9/2019 9:00:00 AM |
SB 43 |
| SB 43 CBPL Timeline of Investigations.pdf |
SFIN 3/13/2019 9:00:00 AM SFIN 4/9/2019 9:00:00 AM |
SB 43 |
| SB 36 Letter of Support APRN 3-4-19.pdf |
HL&C 4/24/2019 3:15:00 PM SFIN 3/13/2019 9:00:00 AM |
SB 36 |
| SB 43 Bunch Testimony.pdf |
HRES 5/3/2019 1:00:00 PM SFIN 3/13/2019 9:00:00 AM SFIN 4/9/2019 9:00:00 AM |
SB 43 |
| SB 43 Additional Testimony Huttunen.pdf |
HRES 5/3/2019 1:00:00 PM SFIN 3/13/2019 9:00:00 AM SFIN 4/9/2019 9:00:00 AM |
SB 43 |