Legislature(1999 - 2000)

04/22/1999 09:07 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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CS FOR SENATE BILL NO. 107(L&C)                                                                                                 
"An Act relating to tourism and tourism marketing;                                                                              
eliminating the Alaska Tourism Marketing Council; and                                                                           
providing for an effective date."                                                                                               
                                                                                                                                
                                                                                                                                
DARWIN PETERSON, aide to Senator John Torgerson explained                                                                       
the changes made in the proposed CS before committee                                                                            
members.  Many of the items conformed to changes made by                                                                        
the House Finance Committee to the companion bill. Some of                                                                      
the changes were as follows:                                                                                                    
                                                                                                                                
Language was deleted that stated, "The tourism related                                                                          
contract awarded under AS 44.33.125(b) to a qualified trade                                                                     
association with the right of first refusal or subcontract                                                                      
by a qualified trade association." This was conforming                                                                          
changes to those made in the House version.                                                                                     
                                                                                                                                
Language was inserted to clarify the location of a visitor                                                                      
center in Tok, Alaska.  Co-Chair John Torgerson said the                                                                        
intent was to ensure the location of the only state-                                                                            
operated visitor center.                                                                                                        
                                                                                                                                
Direction was given as to what kind of research could be                                                                        
conducted in relation to tourism. This provision was not                                                                        
included in the House bill.                                                                                                     
                                                                                                                                
Section 15 was amended to provide for marketing operations.                                                                     
Instead of stating that the procedures were to be directed                                                                      
by the department, the language gave the direction. This                                                                        
also conformed to the House changes.                                                                                            
                                                                                                                                
Language was inserted to read "or fails to accept the offer                                                                     
within a reasonable time" and related to the contracting of                                                                     
services.  This was not contained in the House bill but was                                                                     
inserted here to show the Legislature's intent to the trade                                                                     
association. Co-Chair John Torgerson clarified this was to                                                                      
avoid contract delay.                                                                                                           
                                                                                                                                
Clarification was given to allow the use of the state seal                                                                      
and other logos. The use of mailing lists and other data                                                                        
received as part of the contractual services was also                                                                           
stipulated.                                                                                                                     
                                                                                                                                
Conforming technical changes were made to apply to the                                                                          
substantive amendments.                                                                                                         
                                                                                                                                
Senator Sean Parnell offered a motion to adopt the CS                                                                           
Version "I" as a Workdraft. Senator Al Adams objected.  He                                                                      
wanted the sponsor to testify as to whether or not he                                                                           
agreed with the changes.                                                                                                        
                                                                                                                                
SENATOR JERRY MACKIE, sponsor of the bill, stated he                                                                            
supported the changes. Many of the changes were technical                                                                       
and cleaned up the language.                                                                                                    
                                                                                                                                
Senator Al Adams removed his objection and Version "I" was                                                                      
adopted.                                                                                                                        
                                                                                                                                
GINNY FAY, Legislative Liaison, Department of Commerce and                                                                      
Economic Development testified. Although she had not had an                                                                     
opportunity to review the CS, she felt the changes were                                                                         
fine.                                                                                                                           
                                                                                                                                
Senator Al Adams asked if new fiscal notes would be                                                                             
prepared. Co-Chair John Torgerson said the committee would                                                                      
draft fiscal notes to reflect the changes.                                                                                      
                                                                                                                                
Senator Jerry Mackie stated the changes wouldn't change the                                                                     
fiscal notes. Co-Chair John Torgerson concurred but noted                                                                       
he wanted to address the personnel services component of                                                                        
the note.                                                                                                                       
                                                                                                                                
Ginny Fay noted there should be an updated fiscal note. The                                                                     
department had found a mistake and submitted a revised                                                                          
fiscal note.                                                                                                                    
                                                                                                                                
NANCY LETHCOE testified via teleconference from Valdez in                                                                       
support of the bill.                                                                                                            
                                                                                                                                
The committee began addressing the fiscal notes. Co-Chair                                                                       
John Torgerson noted he had requested that the department                                                                       
provide a breakdown. A House Finance Committee fiscal note                                                                      
would also be considered for this bill.                                                                                         
                                                                                                                                
Senator Jerry Mackie spoke to the fiscal notes. He                                                                              
supported the fiscal notes submitted to the committee with                                                                      
the Senate Resources committee substitute.  He spoke to the                                                                     
location of staff positions, which were agreed upon with                                                                        
the department. These actually showed a reduction.                                                                              
                                                                                                                                
Co-Chair John Torgerson said the biggest concern was with                                                                       
the personnel services line.                                                                                                    
                                                                                                                                
Ginny Fay pointed out a misunderstanding in one of the                                                                          
fiscal notes.  The House Finance Committee fiscal note was                                                                      
based on the millenium plan and was in error.  She shared                                                                       
the same confusion that the reductions weren't happening                                                                        
more rapidly. She detailed the situation and showed how the                                                                     
latest fiscal note corrected the error.                                                                                         
                                                                                                                                
JOE BALASH, Staff to Representative Gene Therriault came to                                                                     
the table at the request of the co-chair.  He was asked if                                                                      
the budget would be increased with the HFC fiscal note. He                                                                      
clarified that numbers the previous witness referred to                                                                         
were general funds only and the long-range discussion would                                                                     
address that. He detailed the fiscal information. There was                                                                     
discussion between Ginny Fay and Joe Balash on the matter.                                                                      
                                                                                                                                
Co-Chair John Torgerson understood that the project                                                                             
development and the project assistance portions would not                                                                       
be funded through the department. There would be fewer                                                                          
positions funded. Senator Jerry Mackie affirmed. There was                                                                      
discussion as the differences of the number of positions                                                                        
requested in the various fiscal notes.                                                                                          
                                                                                                                                
Senator Jerry Mackie supported the existence of the                                                                             
Division of Tourism. It provided important functions.                                                                           
However, he noted that if many of the functions were                                                                            
removed, the same number of positions could not be                                                                              
justified. He spoke to the general budget situation. He was                                                                     
trying to be realistic.                                                                                                         
                                                                                                                                
Co-Chair John Torgerson asked if the personnel services                                                                         
line totaled $890,400. Ginny Fay stated there would be a                                                                        
reduction from 16 staff to nine.                                                                                                
                                                                                                                                
Joe Balash countered that was not correct.  There was a                                                                         
$100,000 difference in the personnel services line and                                                                          
$20,000 in the contract line for FY00.                                                                                          
                                                                                                                                
Co-Chair John Torgerson was inclined to recommend the                                                                           
committee adopts the HFC fiscal note.  Senator Jerry Mackie                                                                     
asked the department to defend their argument that they                                                                         
needed to maintain the same level of staffing in light of                                                                       
the intent to scale down the division.  Ginny Fay responded                                                                     
that the fundamental difference was that currently there                                                                        
was no staff in either the ATMC or the Division of Tourism                                                                      
to directly do marketing functions. It was contracted out                                                                       
and overseen by staff. If the bill passed, there would not                                                                      
actually be a privatization of marketing but rather a                                                                           
consolidation of marketing. Staff would be reduced in both                                                                      
agencies and the Division of Tourism would be required to                                                                       
oversee a contracting level that was four times greater                                                                         
that the present.                                                                                                               
                                                                                                                                
Co-Chair John Torgerson was not convinced.                                                                                      
                                                                                                                                
Senator Loren Leman agreed with Co-Chair John Torgerson's                                                                       
assumptions on the first year, but looked at the second                                                                         
year and suggested merging the numbers of the two fiscal                                                                        
notes as the amount was higher in the house fiscal note                                                                         
than the division requested.                                                                                                    
                                                                                                                                
Joe Balash commented on the contractual line item saying                                                                        
that the funding would be to fund initial contract                                                                              
services. After the initial contracts were made, fewer                                                                          
funds would be needed to oversee the contractors.                                                                               
                                                                                                                                
Senator Jerry Mackie said the $200,000 was for tourism                                                                          
related research and had been provided for in the committee                                                                     
substitute.                                                                                                                     
                                                                                                                                
Senator Randy Phillips made a motion to direct the co-chair                                                                     
to write a new fiscal note similar to the house version and                                                                     
work out the details later. Senator Al Adams objected and                                                                       
spoke to his objection. By having the co-chair draft the                                                                        
new fiscal note, the remainder of the committee would not                                                                       
know the amount and allocation of funds between the                                                                             
personnel services and contractual services components. Co-                                                                     
Chair John Torgerson said he would write the fiscal note                                                                        
using the direction of the discussion held in this hearing.                                                                     
                                                                                                                                
Senator Loren Leman did not have a problem granting the co-                                                                     
chair authority to write the fiscal note. He had concerns                                                                       
with the additional spending allowed in the second year. He                                                                     
didn't believe sufficient savings were presented.                                                                               
                                                                                                                                
The motion to create a new fiscal note adopted by a vote of                                                                     
6-2-2. Senator Loren Leman and Senator Al Adams voted                                                                           
against the motion. Senator Dave Donley and Senator Sean                                                                        
Parnell were absent.                                                                                                            
                                                                                                                                
Senator Randy Phillips offered a motion to report CS SB 107                                                                     
(FIN) out of committee with the new fiscal note. There was                                                                      
no objection and it was so ordered.                                                                                             
                                                                                                                                
[Pause]                                                                                                                         
                                                                                                                                

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