Legislature(2005 - 2006)HOUSE FINANCE 519

03/07/2006 01:30 PM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 324 BAN ORANGE HAWKWEED/PURPLE LOOSESTRIFE TELECONFERENCED
<Bill Hearing Rescheduled to 9:00 mtg.>
+= HB 408 DEFINITION OF CHILD ABUSE AND NEGLECT TELECONFERENCED
Moved CSHB 408(FIN) Out of Committee
+= SB 218 CRIMINAL SENTENCING AND POLYGRAPHS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 485 STATE PHARMACISTS/DOCTORS/AUDITOR EXEMPT TELECONFERENCED
Heard & Held
<Bill Hearing Rescheduled from 9:00 mtg>
HOUSE BILL NO. 485                                                                                                            
                                                                                                                                
     "An Act  amending the  State Personnel  Act to  place in                                                                   
     the exempt  service pharmacists and  physicians employed                                                                   
     in the  Department of Health  and Social Services  or in                                                                   
     the Department  of Corrections and corporate  income tax                                                                   
     forensic  auditors  employed  by  the  division  of  the                                                                   
     Department  of Revenue principally  responsible  for the                                                                   
     collection   and   enforcement   of  state   taxes   who                                                                   
     specialize  in apportionment  analysis and tax  shelters                                                                   
     of multistate corporate taxpayers;  and providing for an                                                                   
     effective date."                                                                                                           
                                                                                                                                
3:00:53 PM                                                                                                                    
                                                                                                                                
JANET  CLARKE, ASSISTANT  COMMISSIONER,  DIVISION OF  FINANCE                                                                   
AND  MANAGEMENT SERVICES,  DEPARTMENT  OF  HEALTH AND  SOCIAL                                                                   
SERVICES,  referred   to  Virginia  Smiley  to   speak  to  a                                                                   
situation which generated the bill.                                                                                             
                                                                                                                                
3:01:55 PM                                                                                                                    
                                                                                                                                
VIRGINIA SMILEY, DIRECTOR, DIVISION  OF PIONEER HOMES gave an                                                                   
overview  of the  pharmacist duties  in  the Pioneer's  Home.                                                                   
She  gave  the   following  overview  of  the   pharmacy  and                                                                   
pharmacist duties as follows:                                                                                                 
                                                                                                                              
     "The  six Pioneer  Homes  located  in Ketchikan,  Sitka,                                                                   
     Juneau,  Anchorage,  Palmer and  Fairbanks  all rely  on                                                                   
     receiving  medications  for  their  residents  from  the                                                                   
     Division's central pharmacy located in APH.                                                                                
                                                                                                                                
     Per state  and federal  law the  pharmacy must  be under                                                                   
     the  oversight of  licensed pharmacists.  We can  and do                                                                   
     use school of pharmacy interns  and pharmacy assistants,                                                                   
     but three pharmacists are  necessary to supervise staff,                                                                   
     dispense  medications, comply with  Medicare Part  D and                                                                   
     Medicaid    documentation,    and    provide    clinical                                                                   
     consultation  to  physicians, residents,  families,  and                                                                   
     staff.                                                                                                                     
                                                                                                                                
     In  the  quarter  ending  Dec  31,  2005,  the  pharmacy                                                                   
     packaged  and  dispensed  353,821  individual  doses  of                                                                   
     medications.  Dispensing   that  volume  of  medications                                                                   
     requires a full staff present and working.                                                                                 
                                                                                                                                
     We have  almost a  full year's  history in first  losing                                                                   
     our pharmacists  to jobs that pay much  higher wages and                                                                   
     then not being able to attract  new pharmacists to apply                                                                   
     for the vacant positions.                                                                                                  
                                                                                                                                
     The  federal   government  is  paying  wages   that  are                                                                   
     competitive  with  the  private   sector,  and  offering                                                                   
     signing bonuses and forgiveness of student loans.                                                                          
                                                                                                                                
     Nationally, the  same is true in the private  sector, as                                                                   
     shown by  lucrative offers being made to  pharmacists in                                                                   
     recruitment   letters   and  advertising   in   national                                                                   
     publications.                                                                                                              
                                                                                                                                
     For  eight   months  of  last  year  we   had  a  single                                                                   
     pharmacist on  our payroll. It  was necessary for  us to                                                                   
     sign contracts with two temp  agencies, and we were able                                                                   
     to  fill many,  but not all,  of the  vacant shifts.  We                                                                   
     paid   the   contract   agencies   $70  hr   for   their                                                                   
     pharmacists.                                                                                                               
                                                                                                                                
     At this critical point we  finally placed the pharmacist                                                                   
     PCN into a temporary higher  paying category in order to                                                                   
     recruit  and  hire  more   competitively.  However,  the                                                                   
     Division of  Personnel advised us we would  have to seek                                                                   
     a  more permanent  solution.  That is  why  we are  here                                                                   
     today.                                                                                                                     
                                                                                                                                
     The problem  is that  under the  present wage  scale for                                                                   
     permanent pharmacist  positions in the state  system, we                                                                   
     are not competitive with other employers.                                                                                  
                                                                                                                                
     We are asking to have pharmacists  moved into the exempt                                                                   
     service  with other professional  classifications  as it                                                                   
     will provide  the needed  flexibility to be  competitive                                                                   
     in the marketplace.                                                                                                        
     She noted  that pharmacists dispensed an  extremely high                                                                   
     number of  doses of medication,  but that they  were not                                                                   
     able  to  attract  or retain  qualified  pharmacists  as                                                                   
     compared with  other states.  She notes  that during the                                                                   
     following  year, only  one pharmacist  was on  contract,                                                                   
     requiring  them to  hire temporary  pharmacists at  over                                                                   
     double the salary paid to the contract employee."                                                                          
                                                                                                                                
3:04:19 PM                                                                                                                    
                                                                                                                                
Ms. Clarke  noted that  eight pharmacy  positions existed  in                                                                   
the Department  of Health and  Social Services: three  at the                                                                   
Pioneer  Home,  two at  API,  two  in  Medicaid, and  one  in                                                                   
epidemiology  and public health.   She  stated that  those in                                                                   
these   positions  were   required   to  provide   high-level                                                                   
consultation  services,  meaning  that  risks were  great  if                                                                   
these  positions were  not filled.    She noted  that in  the                                                                   
private sector,  pharmacists were paid  $55 to $65  per hour,                                                                   
or up to $70 per hour for temporary  employees.  She proposed                                                                   
that  pharmacists belonged  in  the same  exempt category  as                                                                   
psychiatrists, medical examiners, etc.                                                                                          
                                                                                                                                
3:06:36 PM                                                                                                                    
                                                                                                                                
LAURA LINK,  DIVISION OF ADMINISTRATIVE SERVICES,  DEPARTMENT                                                                   
OF  CORRECTIONS  expressed that  her  department  experienced                                                                   
similar  problems  in  recruiting   and  retaining  qualified                                                                   
pharmacists.                                                                                                                    
                                                                                                                                
Responding to a  question by Co-Chair Meyer,  she stated that                                                                   
pharmacists  maintained similar  educational requirements  as                                                                   
doctors.                                                                                                                        
                                                                                                                                
3:08:26 PM                                                                                                                    
                                                                                                                                
JERRY   BURNETT,   DIRECTOR   OF   ADMINISTRATIVE   SERVICES,                                                                   
DEPARTMENT OF REVENUE  spoke to the second part  of the bill,                                                                   
regarding corporate  tax forensic auditors, moving  them into                                                                   
the exempt category.                                                                                                            
                                                                                                                                
ROBYNN  WILSON,  DIRECTOR  OF  TAX  DIVISION,  DEPARTMENT  OF                                                                   
REVENUE explained  the function of auditors for  the State of                                                                   
Alaska.    She  discussed  the  method  for  determining  the                                                                   
taxable income of  large groups of companies.   She noted the                                                                   
complexities  involved   in  dealing  with   multi-state  and                                                                   
worldwide companies  that did business in Alaska,  as well as                                                                   
the wide  variety of  taxpayers.  She  explained the  goal of                                                                   
determining value of property, sales, vessels, etc.                                                                             
                                                                                                                                
3:11:03 PM                                                                                                                    
                                                                                                                                
Ms. Wilson  noted her experience  as an auditor hired  by the                                                                   
State of  Alaska 11 years  ago.  She  explained that  at that                                                                   
time, a number  of their more experienced auditors  came from                                                                   
the  internal  revenue  service.     She  noted  that  public                                                                   
auditors  made  money by  working  long hours,  as  employees                                                                   
gained experience.   She  pointed out that  at that  time the                                                                   
state paid a wage competitive with the federal government.                                                                      
                                                                                                                                
3:12:18 PM                                                                                                                    
                                                                                                                                
Ms. Wilson  then explained how  circumstances had  changed in                                                                   
several  ways:     1)  large  public  accounting   firms  had                                                                   
condensed, decreasing supply of  employees;  2) the manner of                                                                   
business  had  changed,  with  a new  focus  on  selling  tax                                                                   
structures;  3) accounting rules  had developed out of recent                                                                   
corporate upsets,  increasing the  wages for auditors  in the                                                                   
private sector.   She  pointed out that  the state  of Alaska                                                                   
had maintained  an even wage,  while wages in the  public and                                                                   
federal sectors  had increased.   She  stated that  in recent                                                                   
years, the  number of  state auditors  decreased from  ten to                                                                   
two, a number too small to complete the workload.                                                                               
                                                                                                                                
3:14:00 PM                                                                                                                    
                                                                                                                                
She noted that  the department had tried  several recruitment                                                                   
methods  for   auditors.    She  discussed   methods  seeking                                                                   
auditors from the  University of Alaska that had  as yet been                                                                   
unsuccessful, and  noted that even if it had  succeeded; they                                                                   
did  not  have  the  ability to  train  new  auditors.    She                                                                   
concluded  that salary  was the problem  in recruitment,  and                                                                   
proposed  that the  bill would  help  to attract  experienced                                                                   
auditors by  establishing three  exempt positions  that could                                                                   
compete with the private market.                                                                                                
                                                                                                                                
3:15:43 PM                                                                                                                    
                                                                                                                                
Responding to a question by Co-Chair Meyer, Ms.        Wilson                                                                   
noted  the  curiosity  over whether  new  auditors  might  be                                                                   
needed in developing the new PPD tax.                                                                                           
                                                                                                                                
Responding  to  a  further  question,   she  noted  that  the                                                                   
educational  requirements   for  auditors  would   include  a                                                                   
Masters Degree or Certified Public Accountant certificate.                                                                      
                                                                                                                                
Representative Joule asked  for clarification  on the  exempt                                                                   
status.   Mr. Burnett explained  that an exempt  position was                                                                   
not covered by  the personnel rules adopted  by the Personnel                                                                   
Board  and  not  subject  to the  salary  schedule  of  other                                                                   
employees,  enabling  salaries  to  be paid  by  a  different                                                                   
method.                                                                                                                         
                                                                                                                                
Representative Joule asked     whether exempt positions  were                                                                   
only appointed,  such as government  officials.   Mr. Burnett                                                                   
explained  that certain  positions in  Department of  Revenue                                                                   
were exempt, not due to political  appointment, but rather to                                                                   
skills sets.                                                                                                                    
                                                                                                                                
3:18:41 PM                                                                                                                    
                                                                                                                                
Representative Stoltze   asked    what    aspect    of    the                                                                   
classification status solved the salary problems.                                                                               
                                                                                                                                
Mr.  Burnett clarified  that the  issue  at hand  was one  of                                                                   
salary,  and not  classification.   He noted  that they  were                                                                   
currently unable  to pay beyond  the classification  limit of                                                                   
range.   He stated that  the department  was not able  to pay                                                                   
the level  of salary  expected by  an experienced CPA,  which                                                                   
could exceed $100 thousand.                                                                                                     
                                                                                                                                
Responding  to another  question  by Representative  Stoltze,                                                                   
Ms. Wilson  noted that a salary  survey focused on  the Level                                                                   
3, revealed  a large  salary disparity  at the higher  level,                                                                   
higher than the  disparity on levels 1 and 2.   She explained                                                                   
that even  moving an auditor  up by  one or two  ranges could                                                                   
not  provide a  competitive salary  within the  market.   She                                                                   
concluded  that  this was  the  reason  for  the need  for  a                                                                   
category.                                                                                                                       
                                                                                                                                
3:21:30 PM                                                                                                                    
                                                                                                                                
Representative Kerttula  commented   that  exempt   employees                                                                   
were  easier  to  terminate.   She  wondered  if  this  would                                                                   
present  a problem  with the  coming  oil taxes.   She  asked                                                                   
whether it was  possible to simply negotiate  higher salaries                                                                   
in the collective bargaining process.                                                                                           
                                                                                                                                
Mr.  Burnett conceded  there  might  be some  possibility  of                                                                   
negotiating a  higher salary within  classified service.   He                                                                   
pointed out that  the terms of the negotiation  would need to                                                                   
be approved  by the legislature,  which he proposed  would be                                                                   
an inefficient method of hiring.                                                                                                
                                                                                                                                
Representative  Kertulla  commented that  it  might be  worth                                                                   
that method considering the importance  of the upcoming jobs.                                                                   
                                                                                                                                
Representative  Kelly  asked if  it  was standard  for  these                                                                   
types of positions  to be exempt in the private  sector.  Mr.                                                                   
Burnet  clarified  that the  types  of  jobs in  the  private                                                                   
sector  were  structured  differently.     He  surmised  that                                                                   
auditors might not be terminated for political reasons.                                                                         
                                                                                                                                
Representative Hawker    noted  his own experience during his                                                                   
tenure at  the Legislature of  auditors being  terminated for                                                                   
political reasons.                                                                                                              
                                                                                                                                
3:24:26 PM                                                                                                                    
                                                                                                                                
JIM  DUNCAN,   BUSINESS  MANAGER,   ALASKA  STATE   EMPLOYEES                                                                   
ASSOCIATION testified.   He  concurred that both  pharmacists                                                                   
and auditors were difficult to  recruit and required a higher                                                                   
salary,  but disagreed  with creating  an exempt position  to                                                                   
solve  the  problem,   pointing  out  that  other   types  of                                                                   
positions were difficult to fill.   He reminded the Committee                                                                   
that the  merit system of  employment was established  by the                                                                   
Alaska State  Constitution, with  those elected or  appointed                                                                   
being  exempt from  the system.   He  expressed concern  over                                                                   
changing the system through this  bill, and observed that the                                                                   
issue at hand was salary rates and not policy.                                                                                  
                                                                                                                                
3:27:43 PM                                                                                                                    
                                                                                                                                
Mr. Duncan  proposed that  in exempt  service there  would be                                                                   
political pressure.  He gave the  example of an auditor being                                                                   
placed  under pressure  by  a large  corporation  to slow  an                                                                   
audit by means of the exempt system.   He further pointed out                                                                   
that  as the  State  considered  changing its  corporate  tax                                                                   
structure,  it might  not be  wise  timing to  move those  in                                                                   
charge  of  collecting  tax and  auditing  corporations  into                                                                   
exempt  status where  they might  be  subjected to  political                                                                   
pressure.   He referred to  recent occurrences  in Department                                                                   
of Natural Resources.                                                                                                           
                                                                                                                                
3:28:51 PM                                                                                                                    
                                                                                                                                
Mr. Duncan  commented that the  classified system was  not at                                                                   
issue, but  rather the pay structure  within the system.   He                                                                   
reminded  the  Committee that  the  pay plan  was  mandatory,                                                                   
subject to bargaining, enabling  the Administration to change                                                                   
the pay  plan due to an  inability to attract employees.   He                                                                   
stated  that  he was  currently  composing  a letter  to  the                                                                   
Administration proposing  that ranges 28, 29 and  30 be added                                                                   
to  the  pay  scale  in order  to  solve  the  problem.    He                                                                   
suggested  that the classified  service  ought to afford  the                                                                   
same  salary  as  in  exempt  service.    He  encouraged  the                                                                   
Administration to  examine the ability for movement  to other                                                                   
pay scales  through internal/external comparisons  and market                                                                   
based studies.                                                                                                                  
                                                                                                                                
3:30:34 PM                                                                                                                    
                                                                                                                                
He   suggested    that   currently   they    were   comparing                                                                   
inappropriate job classes, and  that other comparisons should                                                                   
be made  to perhaps create a  new job class family  for these                                                                   
forensic auditors.                                                                                                              
                                                                                                                                
Mr. Duncan  stated  that he did  not believe  the bill  would                                                                   
serve the  State's problems  well and  would erode  the merit                                                                   
system.   He addressed the issue  of pharmacists, noting that                                                                   
federally funded  positions were required to be  subject to a                                                                   
merit  based pay  system, and  asked  how these  requirements                                                                   
would be satisfied or if federal funding would be lost.                                                                         
                                                                                                                                
3:33:23 PM                                                                                                                    
                                                                                                                                
Mr.  Duncan  also  noted  that  pharmacists'  positions  were                                                                   
established, and pointed out that  our constitution prevented                                                                   
repairing a  contract by passing  a statute.  He  pointed out                                                                   
that the pharmacists  were covered by the  current collective                                                                   
bargaining  agreement.   He proposed  that the statute  would                                                                   
violate the contract provision.   He stated that although the                                                                   
Union  did  not wish  to  enter  into  a debate,  they  would                                                                   
certainly demand enforcement of their current contract.                                                                         
                                                                                                                                
3:35:35 PM                                                                                                                    
                                                                                                                                
Mr. Duncan expressed  his confusion over the  description for                                                                   
the position  of forensic tax  auditor.  He noted  the theory                                                                   
that a description would be written  after hiring the type of                                                                   
individual needed  for the job and proposed  that the process                                                                   
should  work in a  different manner.   He  stated his  belief                                                                   
that a forensic tax auditor was  a Revenue Auditor 4 and read                                                                   
from the description  of that position:  "work  with multiple                                                                   
and  complex   accounting  methods   and  systems,   generate                                                                   
significant  revenue from  the collection  of taxes,  apply a                                                                   
wide diverse  body of authorities dealing  with apportionment                                                                   
issues,  determine   correct  unitary  group,   apportionable                                                                   
income, be aware  of state statute and  federal regulations".                                                                   
He concluded  that the new  positions duplicated  a position,                                                                   
which occurred  within the classified service.   He suggested                                                                   
that a new pay  plan be discussed with the Union,  and that a                                                                   
job description be developed,  prior to a hiring process.  In                                                                   
summary, he stated  his belief that the proposed  process was                                                                   
flawed, ignoring  the mandatory  bargaining agreement  of the                                                                   
state  and perhaps  other representing  unions.   Mr.  Duncan                                                                   
also  surmised  that  the proposed  legislation  would  place                                                                   
these revenue  auditors at will  and subject to  pressures by                                                                   
those corporations they audit.   He observed that while a new                                                                   
revenue  system   was  being   considered,  they   were  also                                                                   
considering  placing those  overseeing  the taxes  in an  "at                                                                   
will" position subject to political  pressure.  He urged care                                                                   
in considering this legislation.                                                                                                
                                                                                                                                
3:38:49 PM                                                                                                                    
                                                                                                                                
Representative Hawker    asked   whether   Mr.   Duncan   had                                                                   
discussed these  issues with the Administration.   Mr. Duncan                                                                   
stated that the Union had not  been briefed in advance by the                                                                   
Administration, but that they  now intended to follow up with                                                                   
discussion.   In response  to a  follow up by  Representative                                                                   
Hawker, Mr.  Duncan expressed  his belief in the  possibility                                                                   
for  productive  discussion  and  the  implementation  of  an                                                                   
improved pay  plan.   He emphasized  that his proposal  would                                                                   
not  open the  discussion  of changing  pay  plans for  other                                                                   
positions.                                                                                                                      
                                                                                                                                
3:40:24 PM                                                                                                                    
                                                                                                                                
Representative Kelly asked   if  such   a  circumstance   had                                                                   
occurred before.  Mr. Duncan referred  to a list of positions                                                                   
that had been added to the exempt  service.  He noted however                                                                   
that these  jobs were  formerly in  commissions, for  example                                                                   
the Mental  Health Trust, when  employees were  actually laid                                                                   
off and then rehired into exempt  service.  He urged caution,                                                                   
since  there  were  other  jobs where  pay  scales  were  not                                                                   
adequate.                                                                                                                       
                                                                                                                                
Representative  Kelly  asked   if  the  system  proposed  was                                                                   
flexible enough  to allow for  downward changes.   Mr. Duncan                                                                   
responded  that although  the  union would  not advocate  for                                                                   
lower pay, there had been determinations  for positions to be                                                                   
classified downward in the past.                                                                                                
                                                                                                                                
3:42:54 PM                                                                                                                    
                                                                                                                                
Clarifying  an issue  for  Representative  Kelly, Mr.  Duncan                                                                   
commented that the  pharmacist shortage had been  solved on a                                                                   
temporary  basis.   Representative Kelly  asked whether  this                                                                   
would be  a method to carry  forward until the next  round of                                                                   
bargaining  to  solve  the  current   problem.    Mr.  Duncan                                                                   
conceded that  this was possible.   He pointed  out, however,                                                                   
that since  the proposed  legislation  would not take  effect                                                                   
until July,  and a new pay period  could be in place  by that                                                                   
time.                                                                                                                           
                                                                                                                                
3:43:59 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer expressed  the intention  to HOLD the  bill in                                                                   
Committee, and  a desire to view  Mr. Duncan's letter  to the                                                                   
Administration.  He suggested  that there be a representative                                                                   
from the  Administrative present at  the next hearing  of the                                                                   
bill.                                                                                                                           
                                                                                                                                
MILA COSGROVE,  DIRECTOR, DIVISION  OF PERSONNEL,  DEPARTMENT                                                                   
OF ADMINISTRATION  clarified that  there were three  types of                                                                   
employees:    1)  Classified,  fully  subject  to  the  merit                                                                   
system,  including  the  classifications  and  pay  plan;  2)                                                                   
Partially Exempt,  not subject to  all rules, but  subject to                                                                   
classification and  pay plan; and  3) Exempt, which  were not                                                                   
subject  to classification  or pay plan,  but still  possibly                                                                   
subject to  collective bargaining,  such as employees  of the                                                                   
Marine Highway System.                                                                                                          
                                                                                                                                
3:46:25 PM                                                                                                                    
                                                                                                                                
Ms. Cosgrove noted that while  some exempt positions were "at                                                                   
will", such  as Commissioners  and high level  policy makers,                                                                   
other  exempt  employees  were  held  at  a  higher  bar  for                                                                   
dismissal  from state service.   She  pointed out that  these                                                                   
state  employees  were  treated  fairly  and  equitably  with                                                                   
management rights and not easily dismissed.                                                                                     
                                                                                                                                
3:47:26 PM                                                                                                                    
                                                                                                                                
Ms. Cosgrove also  emphasized that wages for  pharmacists and                                                                   
other such  professionals were  very volatile at  the current                                                                   
time.  She suggested  that these wages were  well beyond what                                                                   
could be  negotiated under  the current classification  plan,                                                                   
which relies  upon the  concept of  internal alignment.   She                                                                   
explained that  all job classes  must bear some  relationship                                                                   
to one another.  She followed  that revenue auditor positions                                                                   
would  have  to  increase  to   remain  in  relation  to  the                                                                   
increased wages for top-level  auditors. She also pointed out                                                                   
that the state  was considering a market based  pay plan, but                                                                   
stressed  that internal  alignment  would still  apply.   She                                                                   
concluded that the market based  pay plan would not solve the                                                                   
problem  of pharmacists  and auditors  at the highest  level.                                                                   
She expressed  a desire to reply  in more detail at  the next                                                                   
meeting.                                                                                                                        
                                                                                                                                
3:49:15 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer stated that HB  485 would be HELD in Committee                                                                   
for further consideration.                                                                                                      

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