Legislature(2019 - 2020)BARNES 124
05/12/2019 04:00 PM House LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| SB83 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 83 | TELECONFERENCED | |
SB 83-TELECOMMUNICATIONS REGULATION/EXEMPTIONS
4:01:10 PM
CHAIR WOOL announced that the only order of business would be
SENATE BILL NO. 83, "An Act relating to the Regulatory
Commission of Alaska; relating to the public utility regulatory
cost charge; relating to the regulation of telecommunications;
relating to exemptions, charges, and rates applicable to
telecommunications utilities; relating to regulation of
telephone services; and relating to alternate operator
services."
CHAIR WOOL moved to adopt Amendment 8, [labeled 31-LS0563\M.11,
Fisher, 5/12/19], which read:
Page 1, line 4, following "services;":
Insert "relating to exempt employees;"
Page 1, following line 14:
Insert new bill sections to read:
"* Sec. 2. AS 39.25.110 is amended to read:
Sec. 39.25.110. Exempt service. Unless otherwise
provided by law, the following positions in the state
service constitute the exempt service and are exempt
from the provisions of this chapter and the rules
adopted under it:
(1) persons elected to public office by
popular vote or appointed to fill vacancies in elected
offices;
(2) justices, judges, magistrates, and
employees of the judicial branch including employees
of the judicial council;
(3) employees of the state legislature and
its agencies;
(4) the head of each principal department
in the executive branch;
(5) officers and employees of the
University of Alaska;
(6) certificated teachers and
noncertificated employees employed by a regional
educational attendance area established and organized
under AS 14.08.031 - 14.08.041 to teach in,
administer, or operate schools under the control of a
regional educational attendance area school board;
(7) certificated teachers employed by the
Department of Education and Early Development as
correspondence teachers, teachers in skill centers
operated by the Department of Education and Early
Development or by the Department of Labor and
Workforce Development, or in Mt. Edgecumbe School;
(8) patients and inmates employed in state
institutions;
(9) persons employed in a professional
capacity to make a temporary or special inquiry, study
or examination as authorized by the governor;
(10) members of boards, commissions, or
authorities;
(11) the officers and employees of the
following boards, commissions, and authorities:
(A) [REPEALED]
(B) Alaska Permanent Fund Corporation;
(C) Alaska Industrial Development and
Export Authority;
(D) Alaska Commercial Fisheries Entry
Commission;
(E) Alaska Commission on Postsecondary
Education;
(F) Alaska Aerospace Corporation;
(G) [REPEALED]
(H) Alaska Gasline Development Corporation
and subsidiaries of the Alaska Gasline Development
Corporation;
(12) the executive secretary and legal
counsel of the Alaska Municipal Bond Bank Authority;
(13) the state medical examiner, deputy
medical examiner, and assistant medical examiners
appointed under AS 12.65.015 and pharmacists and
physicians licensed to practice in this state and
employed by the Department of Health and Social
Services or by the Department of Corrections;
(14) petroleum engineers and petroleum
geologists employed in a professional capacity by the
Department of Natural Resources and by the Alaska Oil
and Gas Conservation Commission;
(15) [REPEALED]
(16) persons employed by the division of
marine transportation as masters and members of the
crews of vessels who operate the state ferry system
and who are covered by a collective bargaining
agreement provided in AS 23.40.040;
(17) officers and employees of the state
who reside in foreign countries;
(18) employees of the Alaska Seafood
Marketing Institute;
(19) emergency firefighting personnel
employed by the Department of Natural Resources for a
fire emergency or for fire prevention and related
activities conducted under AS 41.15.030;
(20) employees of the Office of the
Governor and the office of the lieutenant governor,
including the staff of the governor's mansion;
(21) [REPEALED]
(22) youth employed by the Department of
Natural Resources under the Youth Employment and
Student Intern programs;
(23) [REPEALED]
(24) students employed by the state
institutions in which the students are enrolled;
(25) [REPEALED]
(26) investment officers in the Department
of Revenue;
(27) [REPEALED]
(28) persons engaged in employment or pre-
employment training programs operated by the
Department of Military and Veterans' Affairs;
(29) [REPEALED]
(30) a person employed as an actuary or
assistant actuary by the division of insurance in the
Department of Commerce, Community, and Economic
Development;
(31) [REPEALED]
(32) a participant in the Alaska temporary
assistance program under AS 47.27 who holds a
temporary position with the state in order to obtain
job training or experience;
(33) a person employed as a convener under
AS 44.62.730 or as a facilitator under AS 44.62.760
related to a negotiated regulation making process
under AS 44.62.710 - 44.62.800;
(34) the chief executive officer and
employees of the Alaska Mental Health Trust Authority
employed under AS 47.30.026(b);
(35) the assistant adjutant general for
space and missile defense appointed under
AS 26.05.185;
(36) the victims' advocate established
under AS 24.65.010 and the advocate's staff;
(37) employees of the Alaska mental health
trust land unit established under AS 44.37.050;
(38) the executive director of the Council
on Domestic Violence and Sexual Assault established
under AS 18.66.010;
(39) the executive director and employees
of the Knik Arm Bridge and Toll Authority under
AS 19.75.051 and 19.75.061;
(40) the chair of the Workers' Compensation
Appeals Commission (AS 23.30.007);
(41) the Alaska Gasline Inducement Act
coordinator appointed under AS 43.90.250;
(42) oil and gas audit masters employed in
a professional capacity by the Department of Revenue
and the Department of Natural Resources to collect oil
and gas revenue by developing policy, conducting
studies, drafting proposed regulations, enforcing
regulations, and directing audits by oil and gas
revenue auditors;
(43) the in-state gasline project
coordinator appointed under AS 38.34.010;
(44) the executive director and employees
of the Alaska State Council on the Arts employed under
AS 44.27.054 and 44.27.055;
(45) utilities analyst masters employed in
a professional capacity by the Regulatory Commission
of Alaska under AS 42.04.050(a).
* Sec. 3. AS 42.04.050(a) is amended to read:
(a) The chair of the commission is responsible
for directing the administrative functions of the
commission and carrying out the policies as set by the
commission. The commission chair may employ engineers,
hearing examiners, administrative law judges,
arbitrators, mediators, experts, clerks, accountants,
a number of utilities analyst masters corresponding to
the number of commissioners, not to exceed five, and
other agents and assistants considered necessary.
Employees of the commission who are not in the exempt
service under AS 39.25.110 or the partially exempt
service under AS 39.25.120 are in the classified
service under AS 39.25.100."
Renumber the following bill sections accordingly.
REPRESENTATIVE STUTES objected for the purpose of discussion.
CHAIR WOOL explained that Amendment 8 adds a utility master to
the list of exempt employees, which would allow the RCA to hire
a utilities analyst master in an exempt capacity. He said that
the industry is paying competitive wages that the RCA is unable
to compete with; accordingly, this would allow them to hire
exempt staff in order to compete with the private industry.
Amendment 8 would allow them to hire up to 5 [positions].
4:02:24 PM
CHAIR WOOL proposed a conceptual amendment to Amendment 8. He
explained that, currently, the RCA has five commissioners and if
they were to fill the 5 exempt staff positions in the future and
then subsequently lose a commissioner, this amendment would
safeguard those 5 exempt staff members.
CHAIR WOOL moved Conceptual Amendment 1 to Amendment 8, as
follows:
Page 4, line 29
Delete "corresponding to the number of commissioners
CHAIR WOOL announced that, there being no objection, Conceptual
Amendment 1 to Amendment 8 was adopted.
4:04:01 PM
REPRESENTATIVE STUTES voiced her enthusiasm for Amendment 8 and
said she was interested in hearing the bill sponsor's opinion.
4:04:25 PM
SENATOR CHRIS BIRCH, Alaska State Legislature, as prime sponsor
of SB 83, said Amendment 8 addresses a serious concern of the
Regulatory Commission of Alaska (RCA) and provides them latitude
to secure the staffing and resources necessary to do their job.
He offered his understanding that it would be revenue neutral to
the state. He said that after indirect conversations with the
commission, they find this amendment acceptable. He concluded
by stating his support for Amendment 8 as amended.
CHAIR WOOL added that the RCA is self-funded by charges on
utilities. He said this will give them flexibility on how they
use their funding and will not add to the budget.
4:05:27 PM
BOB PICKETT, Commissioner, Regulatory Commission of Alaska, said
he is very pleased to see this amendment come forward. He added
that it will absolutely address a very critical need that the
RCA has had for the last 12 years. It will let them better deal
with many of the issues that have been discussed in the
telecommunications bill and in the electric sector.
4:05:58 PM
REPRESENTATIVE HANNAN asked how many of these staff positions
the commission currently employs.
MR. PICKETT stated that, outside several administrative law
judge positions, they do not have anything that fits into this
category. He said this will be helpful in finding the kind of
technical and professional expertise that they have not been
able to attract thus far.
4:06:31 PM
REPRESENTATIVE HANNAN asked for Mr. Pickett to describe the
RCA's current employees.
MR. PICKETT replied that they have employees in the finance
sector, engineering sector, and in tariffs.
REPRESENTATIVE HANNAN asked how many staff are currently
employed at the commission.
MR. PICKETT stated there's approximately 55 positions across
sectors
REPRESENTATIVE HANNAN asked for further explanation of the
sectors.
MR. PICKETT said they have a tariff section, a common carrier
section, a finance section, an engineering section, and
administrative law judges with a number of paralegals, as well
as support staff in their records department.
4:08:10 PM
REPRESENTATIVE STUTES withdrew her objection. There being no
further objection, Amendment 8, as amended, was adopted.
4:10:04 PM
REPRESENTATIVE HANNAN questioned whether the bill will have a
fiscal note even though Amendment 8 is revenue neutral, or if
the RCA will need receipt authority to bill the utilities.
CHAIR WOOL said they still get the same amount of funding. The
intention is that they can use those funds to hire an individual
on a higher salary if several of their 55 employees retire. He
noted that, currently, the commission doesn't have that hiring
authority.
4:11:19 PM
REPRESENTATIVE TALERICO said that the discussion has been
educational, and he is anxious to see the bill moved.
CHAIR WOOL concurred. He offered his belief that the impact of
this bill will make utilities and the RCA more efficient.
4:12:21 PM
REPRESENTATIVE STUTES moved to report HCS SB 83, Version
LS0563\M, as amended, out of committee with individual
recommendations and the accompanying fiscal notes. There being
no objection, HCS SB 83(L&C) was reported out of the House Labor
and Commerce Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 83.Backup Amendment 8.pdf |
HL&C 5/12/2019 4:00:00 PM |
SB 83 |