Legislature(2017 - 2018)GRUENBERG 120
04/16/2018 09:30 AM House RULES
Note: the audio ![]()
and video ![]()
recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
| Audio | Topic |
|---|---|
| Start | |
| SB37|| HB231 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 37 | TELECONFERENCED | |
SB 37-PHARMA BD & STAFF;DRUG DISTRIB/MANUFACT
[Contains discussion of HB 231.]
2:01:59 PM
CO-CHAIR LEDOUX announced that the only order of business would
be CS FOR SENATE BILL NO. 37(FIN), "An Act relating to the Board
of Pharmacy; relating to the licensing of certain entities and
inspection of certain facilities located outside the state;
relating to drug supply chain security; creating a position of
executive administrator for the Board of Pharmacy; and providing
for an effective date."
2:02:12 PM
REPRESENTATIVE STUTES moved to adopt the proposed House
committee substitute (HCS) for CSSB 37, Version 30-LS0191\T,
Radford, 4/15/18, as the working document. There being no
objection, Version T was before the committee.
2:02:47 PM
MATT GRUENING, Staff, Representative Louise Stutes, Alaska State
Legislature, explained the changes that would be made under
Version T, as shown in the explanation of changes [included in
the committee packet], which read as follows [original
punctuation provided]:
Section 8 on Page 6, lines 10 through 21:
Sec 16.43.020 Alaska Commercial Fisheries Entry
Commission.
Subsection (a) is amended to reduce the number of
commissioners appointed to the Commercial
Fisheries Entry Commission (CFEC) from three to two.
Subsection (b) is amended to specify that the chair of
the commission shall serve as executive
director and be responsible for and have authority
over the internal administrative and personnel
practices and procedures of the commission.
Section 9 on Page 6, lines 22 through 25:
AS 16.43.030.
Subsection (c) is amended to allow a single
commissioner to exercise the powers and duties of
the commission when there is a vacancy on the
commission.
Section 10 on Page 6, lines 26 through 30:
AS 16.43.040 is amended to allow for a quorum of one
commissioner if there is a vacancy on the
commission.
Section 11 on Page 6, line 31 through Page 7, line 4:
AS 16.43.050 is amended with conforming language to
clarify that the commission consists of
two commissioners instead of three.
2
Section 12 on Page 7, lines 5 through 9:
AS 16.43.060 is amended so that the member serving as
chair will be paid a step in Range 27;
adjusts the salary range from 27 to 24 for the other
commissioner.
Section 13 on Page 7, lines 10 through 14:
AS 16.43.110 is amended by adding a new subsection
that specifies that in the event of a 1-1 tie
in an adjudicatory hearing, the original decision of
the hearing officer will become the final
administrative decision of the commission subject to
review by the Superior Court.
Section 14 on Page 7, lines 15 through 20:
AS 16.43.960(d) is amended to allow for show cause
hearings to be conducted before one commissioner if
there is a vacancy on the commission.
Section 16 on Page 8, lines 11 through 15:
Adds an applicability clause to uncodified law that
establishes that the salary change outlined in
Section 12 of the bill will apply to commissioners
appointed after the bill's effective date.
2:07:08 PM
MR. GRUENING noted two major changes when comparing Version T to
the CSSB 37(FIN). He indicated that [Version T] would codify in
statute that the chair shall serve as executive director. The
other change would be to establish a pay range 27 for the
commissioner serving as chair and range 24 for the other
commissioner. He said that seems appropriate for the extra
amount of work that would be given to these positions. He said
the Commercial Fisheries Entry Commission (CFEC) would be
changed to increase efficiency, streamline the commission, and
save the state "a considerable amount" [of money]. He said
eliminating one of the three commissioners designated under
current statute would have an immediate cost savings of $187,000
annually. He relayed, "The bill does assign the executive
director duties to the commissioner serving as chair,
eliminating the need to hire another position, and it reduces
the salary of the commissioner who is not serving as chair from
range 27 to 24, which will result in an additional $41,814
annually beginning in fiscal year 2022 (FY 22).
2:08:35 PM
REPRESENTATIVE EASTMAN referred to a previous version of the
legislation, which he said was HB 231, and he recollected there
was talk of unionizing some CFEC employees.
MR. GRUENING said that portion [of HB 231] was removed by [the
House] Finance [Committee] and "they're going to stay in exempt
status." He said, "Through discussions with the CFEC, the
majority of the employees - or at least everyone that talked to
people in Finance - decided that they really didn't want to go
that route, and we felt like we were going to honor the ...
wishes of the employees at the commission."
2:09:27 PM
REPRESENTATIVE STUTES added that CFEC employees were "provided
with the appropriate personnel to describe the options of
becoming unionized or not, and they unanimously chose not to."
2:09:52 PM
REPRESENTATIVE EASTMAN asked what is driving Section 14.
MR. GRUENING answered that in the case of a vacancy, hearings
would still be conducted, even with only one commissioner.
2:10:49 PM
REPRESENTATIVE KITO said he understands the importance of
getting CFEC working again. He said he would not object to the
proposed legislation moving out of committee but expressed
concern with regard to having the chair of the commission be the
executive director. He said he is not sure how that would
interface with employees being accountable to an appointed
person. He suggested that in an effort to ensure consistency,
there might be a need to look at this issue again in a few years
to determine whether there are adequate transition provisions
for executive administration of the agency, for example, if
there is a situation in which a commissioner has not served for
very long and has not been able to get to the point where he/she
is able to be the executive director.
2:12:35 PM
REPRESENTATIVE STUTES told Representative Kito to rest assured
she would have one eye on the Commercial Fisheries Entry
Commission as long as she is in the legislature.
2:12:46 PM
REPRESENTATIVE EASTMAN directed attention to proposed language
in Section 8, which read as follows:
The member serving as chair also serves as executive
director of the commission and, as executive director,
is responsible for and has authority over the internal
administrative and personnel practices and procedures
of the commission.
REPRESENTATIVE EASTMAN asked, "Have we verified that there's no
... power of the commission being dealt with in that section? I
see in Section 10 that a quorum is required to exercise any
power of the commission. I just want to make sure there wasn't
any overlap between these responsibilities which we're now
giving to the executive director."
MR. GRUENING answered that he does not believe there is [any
overlap]. He said he thinks the word "internal" indicates that
"we're not talking about administrative practices that would
involve an adjudicatory hearing - something to that nature -
because that's not an internal proceeding."
2:13:56 PM
REPRESENTATIVE EASTMAN commented that he did not think the
commission was "broken" from a procedural standpoint by having
three commissioners. He said, "Now, by moving down to two, I
think we're seeing some of ... the logical difficulty when you
only have an even-number[ed] commission or you might have a
vacancy and only have one commissioner." He expressed concern
that the effort to save costs by reducing the number of
commissioners would have unintended consequences.
MR. GRUENING responded that the decision to cut back from three
to two commissioners was made after discussion with the Office
of the Governor, the United Fishermen of Alaska, and then
commissioners Bruce Twomley and Fate Putnam. He stated, "With
the workload going down over the commission and the fact that
the position ... [had] been vacant for some time anyway, it was
viewed that the elimination of that in statute would be a cost
savings that - with some adjustments in the bill - would allow
them to continue and actually increase their efficiency without
having that extra $187,000 per year price tag attached to it."
2:15:32 PM
REPRESENTATIVE CHENAULT said he does not think the commission
had anything to do with the amount of members that were on the
board. He indicated that the fault lies not in the board, but
in the current governor at that time.
2:16:04 PM
REPRESENTATIVE CLAMAN moved to report HCS CSSB 37, Version 30-
LS0191\T, Radford, 4/15/18, out of committee with individual
recommendations and the accompanying fiscal notes. There being
no objection, HCS CSSB 37(RLS) was reported out of committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HCS CSSB 37 Version T.pdf |
HRLS 4/16/2018 9:30:00 AM |
SB 37 |
| HCS CSSB 37(RLS) Explanation of Changes.pdf |
HRLS 4/16/2018 9:30:00 AM |
SB 37 |
| HCS CSSB 37 Legal Memo.pdf |
HRLS 4/16/2018 9:30:00 AM |
SB 37 |