HOUSE BILL NO. 94 "An Act removing employees of the Alcoholic Beverage Control Board from the exempt service." PAT HARMAN, STAFF, REPRESENTATIVE PETE KOTT, explained that HB 94 was a house keeping measure. The Alcohol Beverage Control (ABC) employees are now all in classified service and AS 39.25.110(15) should be replaced. Mr. Harman continued, at one time, ABC employees were exempt and were appointed to the positions. At present time, all ABC employees are listed in classified service. The current statute lists ABC employees in exempt service. The proposed statute is not applicable to the current situation. The legislation has resulted from constituents concerns. Mr. Harman urged Committee members support of the legislation. Representative Bunde asked if the legislation would have any effect on the ABC Board's authority to carry concealed guns. Mr. Harman replied the proposed legislation would not have any effect on that ruling; it would be a separate issue. Co-Chair Therriault pointed out that statute indicates that these employees are exempt employees, however, a union represents them. He questioned that status. DOUG GRIFFIN, (TESTIFIED VIA TELECONFERENCE), DIRECTOR, ALCOHOL BEVERAGE CONTROL BOARD, ANCHORAGE, explained that the statute has not been followed. Enforcement officers in the agency have not been exempt for the last 30 years. Co-Chair Therriault asked the employees length of tenure. Mr. Griffin replied that these are long standing employees. Co-Chair Therriault pointed out that statute indicates that it is only the individuals listed on Page 2, Subsection 15, which are offered Peace Officer powers and should fall into the exempt category. He inquired the number of employees which fall into that category and what the limited powers would enable them to do. Mr. Griffin replied that four investigators would be indicated in that section. Title 4 specifies all administrative and criminal division requirements. He stressed that enforcement must be carried out. Title 4 confers limited Peace Officer powers to the Board, however, limits it to primarily alcohol beverage laws. There has been a limited commission conferred on the Board by Commissioner Otte, Department of Public Safety, to investigate gambling and prostitution on only licensed premises. He emphasized that most of the work done by the ABC Board is done on the licensees. Co-Chair Therriault asked about the authorization power to carry concealed weapons in executing the duties of the Board. Mr. Griffin responded that the provision was removed which prohibited ABC Board regulators from carrying concealed weapons. The Board is going through a process of allowing regulators to carry concealed weapons and would include training and certification provisions. That, currently, is not in effect, however, the Board is moving forward with changing the policies and procedures in order that weapons may be carried for defense. He advised that there exist strong support from local police and troopers to allow investigators to carry weapons. Co-Chair Therriault questioned if the decision made regarding investigators carrying concealed weapons would be under the control of the ABC Board or made in conjunction with Department of Public Safety. Mr. Griffin explained that statute reads that the Board would confer authority to carry firearms in the performance of duty and that authority would need to be approved by the Commissioner from the Department of Public Safety. He acknowledged that there would need to be coordination between the two entities. Co-Chair Therriault questioned what the response would be if one of the ABC employees was dismissed by the Administration. Mr. Griffin did not know and recommended that issue be addressed by an attorney. He emphasized that the Board attempts to hire employees based on merit and professionalism. Mr. Harman pointed out that "classified" consists of all positions in State service not included in exempt or partially exempt service, which is a default category. Representative Bunde questioned if any of the employees were political appointees. Mr. Griffin replied that none of the current employees are political appointees. Representative Foster MOVED to report HB 94 out of Committee with individual recommendations and with the zero fiscal note by the Department of Revenue. HB 94 was reported out of Committee with a "do pass" recommendation and with a zero fiscal note by the Department of Revenue dated 3/8/99.