Legislature(2019 - 2020)ADAMS ROOM 519
05/15/2019 09:00 AM House FINANCE
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| Audio | Topic |
|---|---|
| SB10 | |
| SB43 | |
| HB79 | |
| SB16 | |
| HB79 | |
| SB16 | |
| Adjourn | |
| SB16 | |
| Start |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SB 43 | TELECONFERENCED | |
| += | SB 10 | TELECONFERENCED | |
| += | SB 16 | TELECONFERENCED | |
| += | HB 79 | TELECONFERENCED | |
CS FOR SENATE BILL NO. 43(FIN)
"An Act extending the termination date of the Big Game
Commercial Services Board; relating to a person's
eligibility to hold a registered guide-outfitter
license, master guide- outfitter license, class-A
assistant guide license, assistant guide license, or
transporter license; and providing for an effective
date."
9:14:15 AM
Co-Chair Wilson explained that the sponsor of the bill
allowed for the addition of the Barbers and Hairdressers
Board that would otherwise sunset in June 2019 with a
perfect audit. She noted that the bill granted the Big Game
Commercial Services Board (BGCSB) a five year extension.
9:15:07 AM
Representative Knopp MOVED to ADOPT Conceptual Amendment 1.
Co-Chair Wilson OBJECTED for discussion.
Representative Knopp explained his Amendment. He pointed to
Page 1, Line 12 of the bill and wanted to delete 2024 and
insert 2022. He had concerns regarding the issues with the
board and believed another three year extension was
appropriate to ensure the board was rectifying the
problems. He shared that his intent was to support a full
term the following sunset.
Co-Chair Wilson clarified that a written amendment had been
distributed to the committee that was the same except the
year was changed to 2023. The committee was addressing the
conceptual amendment.
Vice-Chair Ortiz asked whether the date change would affect
the extension for Barbers and Hairdressers. Co-Chair Wilson
responded in the negative and indicated the Barbers and
Hairdressers board received an 8 year term.
Representative Tilton commented that the cost of the audit
was $70 thousand, and the auditors initially recommended a
six year extension. The audits concerns were
administrative and not directed at the boards actions. She
opposed the amendment.
9:17:49 AM
Vice-Chair Johnston surmised that the amendment would
initiate the audit process in two years. She relayed that
the issues were with the investigations versus the
administration. She wondered what Representative Knopp
hoped to discern from the audit. Representative Knopp
responded that some of the conflict was between the
administration and the boards responsibilities and
liabilities. He thought there were larger issues with the
board. He questioned having to wait until another sunset
audit occurred before being able to address issues that
were presently known. He noted the lengthy process it took
to initiate a performance audit through the Legislative
Budget and Audit Committee (LBA). He wanted to ensure that
the issues were addressed.
Representative Sullivan-Leonard echoed comments from her
college, Representative Tilton. She pointed to a letter
included in the legislative audit [titled A Sunset Review
of the Department of Commerce, Community, and Economic
Development, Big Game Commercial Services Board, September
14, 2018, Audit Control Number 08-20114-19] (copy on file)
from the board chairman, Henry D Tiffany IV, dated January
2, 2019 that acknowledged the concerns outlined in the
audit. The letter indicated that the board and division
were implementing significant changes. She felt assured the
issues were being addressed and favored the bills sunset
date.
9:20:39 AM
Vice-Chair Ortiz asked Representative Knopp about the time
change in the amendment and whether he would effectively be
able to address his concerns with his constituents or if
his assessment depended on the audit. Representative Knopp
responded, "not necessarily." He referenced Ms. Curtiss
testimony noting that some issues were not subject to an
audit via statute. He mentioned that some of his concerns
could not be addressed in an audit, which was the reason
for his amendment.
Co-Chair Wilson invited Ms. Curtis to comment about whether
there was some other mechanism to look at specific issues
being reviewed without requesting an earlier audit date.
9:22:28 AM
KRIS CURTIS, LEGISLATIVE AUDITOR, ALASKA DIVISION OF
LEGISLATIVE AUDIT, observed that in the past legislators
had reached out to the board and posed questions that
addressed concerns or provided additional information that
was not part of the sunset process. She continued that the
purpose of an audit was limited to an extension and roughly
85 percent of the bills were clean and merely requested
an extension. Concerns that required statutory or policy
changes were better addressed though a separate bill that
could be introduced at any time. She stressed that the
division and board would be open to providing the
legislature its desired information.
9:23:41 AM
SARA CHAMBERS, DIRECTOR, DIVISION OF CORPORATIONS, BUSINESS
AND PROFESSIONAL LICENSING, DEPARTMENT OF COMMERCE,
COMMUNITY AND ECONOMIC DEVELOPMENT, offered that she
appreciated feedback. She assured the committee that her
office took concerns extremely seriously. She had heard
rumors and viewed letters based on rumor and incomplete
facts with a political spin regarding SB 43. She had
sought out necessary facts to discover whether there was
actually a problem. She was keenly aware of best
practices and the divisions approach was grounded in law
and administrative process. She reiterated that the rumors
were not based on facts, but she took the issue very
seriously. She indicated that she did not wait for an
audit or sunset to address concerns that were brought to
the divisions attention. She intended to immediately
address any concerns regarding the Big Game Commercial
Services Board.
Representative Knopp had no idea what rumors had been
expressed to Ms. Chambers. He had heard concerns and wanted
to further investigate the issues on his own as soon as
time permitted. He did not want to report rumors or
innuendo to the department. He requested a shorter length
of time in case the legislature wanted to address issues
before waiting another 5 years but was aware another bill
could address any desired statutory changes.
Co-Chair Wilson interjected that the question was whether
the issue was better handled through an audit request or a
review by the department. She suggested that a departmental
review might best address the concerns.
Representative Knopp WITHDREW Conceptual Amendment 1. He
conceded that he had other options including requesting an
LBA audit.
Co-Chair Wilson suggested that during the interim
Representative Knopp investigate the issues and the
committee could discuss the matter without introducing
legislation in the following session.
9:28:27 AM
Representative Josephson expressed concern. He noted that
the department was attempting to improve its processes. He
mentioned an email (copy on file) from Jason Bunch, member,
BGCSB, that accounted for the current 56 open cases. He
also cited a letter from Ms. Chambers dated March 10, 2019
[copy on file] that stated, during the three-year audit
period, this investigator opened 382 cases and closed 450
cases. He thought that the amount of complaints was
extraordinary and troubling.
Ms. Chambers responded that based on its resources the
division was complaint driven and Representative
Josephson's concerns were valid. However, many of the
opened cases were administrative relating to document
delays and was not egregious. She noted there was a
significant amount of paperwork that had to be submitted by
the guides. However. even minor complaints were counted.
Complaints generally came through the Alaska Wildlife
Troopers. There was a significant amount of activity that
did not rise to a disciplinary level. She indicated that in
2018 there were 118 activities, only 16 of which required
disciplinary actions due to wildlife, regulation, or
statute violation. The activities were complaints,
investigations, monitoring, and probation. The board only
had one investigator and prioritized and managed
complaints. Administrative complaints were managed
differently than criminal activity. Representative
Josephson provided an example in his own office of hiring
staff for the interim and forgetting to submit the proper
paperwork. He asked whether the administrative issues were
similar and were merely a technical flaw. Ms. Chambers
concurred with his scenario. She indicated that the
division had to identify whether the administrative
complaints were a wanton violation or a mere mistake by a
busy individual in the field that missed a deadline.
9:34:12 AM
Vice-Chair Johnston MOVED to REPORT SB 43 out of committee
with individual recommendations and the accompanying fiscal
note.
HCS CSSB 43(FIN) was REPORTED out of committee with a "do
pass" recommendation and with one new fiscal note by the
Department of Commerce, Community and Economic Development.
9:34:32 AM
AT EASE
9:41:08 AM
RECONVENED