Joint Sunset Committee



Joint Sunset Committee

Tuesday, April 7, 2009, 11:00 a.m.

JFC Meeting Room, Legislative Hall

Committee Meeting – Proposed Recommendations

Commission on Adult Entertainment Establishments

and Department of Technology & Information

_____________________________________________________________________________________

JSC and Staff: Sen. David Sokola, Chair; Rep. John Kowalko, Vice-Chair; Sen. Colin Bonini; Sen. Brian Bushweller; Sen. Dorinda Connor; Sen. Michael Katz; Rep. Pamela Thornburg; Debbie Puzzo, JSC Executive Director; Judi Abbott, Legislative Council staff.

Absent: Rep. John Atkins; Rep. Bradford Bennett; Rep. Clifford Lee;

In attendance: James Collins, DPR; Kay Warren, DPR; James Nutter, Adult Entertainment chair; Secretary Jim Sills, DTI; Bryant Baker, DTI; Bill Bowden, DTI; Bill Hickox, DTI; Andrew Kerber, DAG/DOJ

_____________________________________________________________________________________

Agenda:

I. Welcome

II. Approval of Minutes

3/10/09 – DE St. Fire Prevention/Office of the St. Fire Marshal/the DE St. Fire School

3/24/09 – Brd. of Speech/Language Pathologists, Audiologists & Hearing Aid Dispensers

III. Commission on Adult Entertainment Establishments

Discussion regarding proposed JSC Recommendations

IV. Department of Technology and Information

Discussion regarding proposed JSC Recommendations

V. New Business

VI. Adjournment

Sen. Sokola called the meeting to order at 12:15 p.m.

I. Welcome

Sen. Sokola welcomed everyone and thanked them for attending.

II. Approval of Minutes

3/10/09 – DE St. Fire Prevention/Office of the St. Fire Marshal/the DE St. Fire School

There was a Motion and a second to accept the Minutes from the March 10th JSC Public Hearing regarding the Delaware State Fire Prevention, Office of the State Fire Marshal and the Delaware State Fire School. There was a voice vote. The Motion carried unanimously – 6 present (Sokola, Bonini, Bushweller, Connor, Kowalko, Thornburg)

3/24/09 – Board of Speech/Language Pathologists, Audiologists & Hearing Aid Dispensers

There was a Motion and a second to accept the Minutes from the March 24th JSC Public Hearing regarding the Board of Speech/Language Pathologists, Audiologists & Hearing Aid Dispensers. There was a voice vote. The Motion carried unanimously – 6 present (Sokola, Bonini, Bushweller, Connor, Kowalko, Thornburg)

III. Commission on Adult Entertainment Establishments

Discussion regarding proposed JSC Recommendations

Proposed Statutory Changes

1. Delete statutory language referencing materials involving sexual activity by children under the age of 18. §1602(4) of Title 24 (definition of adult book store).

Mr. Collins stated that the Division of Professional Regulation (DPR) supports this recommendation. Mr. Kerber stated that the Department of Justice (DOJ) also supports the recommendation.

Vote to adopt recommendation 1. Yes – all present (6 – Sokola, Connor, Bonini, Bushweller, Kowalko, Thornburg)

2. Delete all statutory provisions relating to massagists and massage establishments from Chapter 16 of Title 24.

Mr. Collins stated that DPR supports this recommendation. At the time the statute was put in place, there was no regulation of massage professionals, and now there is a separate statute that regulates massage professionals.

Mr. Kerber said that he has consulted with the Deputy Attorney General for the Board of Massage and Body Works and they see no reason to keep massage within adult entertainment statute.

Vote to adopt recommendation 1. Yes – all present (6 – Sokola, Connor, Bonini, Bushweller, Kowalko, Thornburg)

3. Amend the statute to include a definition of adult oriented retail establishments.

a. If the statute is amended to include adult oriented retail establishments, amend the Commission’s purpose as stated in the statute. § 1601 of Title 24.

The statute was amended to include:

b. Include certain location restrictions.

There was discussion about the fact that there is existing language that places requirements on displaying magazines of a sexual nature. This recommendation addresses sexually oriented retail establishments that don't fall within the definition of an adult entertainment establishment. The question was raised as to whether the statute should also address zoning requirements with regard to adult oriented retail establishments. Ms. Puzzo read Mr. Kerber’s statement from the Feb. 18, 2009 meeting minutes at which time Mr. Kerber stated that “if the legislature was amenable to changing the statute to look specifically to those adult oriented retail establishments, with the purpose of regulating them to prevent exposure to children and bus stops, then I think it is something that should come within the purview of the Commission, but it would require legislative changes and a change in the purpose. The Statute could also include certain location restrictions, the adult novelty stores could be regulated through either the obscenity statute or by definition under the Commission statute.”

Mr. Kerber stated that the State Supreme Court has ruled that this type of business is not regulated based on its interpretation of the purpose of the statute. The purpose would need to be amended to be interpreted to include adult retail establishments.

Sen. Sokola suggested providing a separate sub category of adult novelty. He asked if there is boilerplate language from another state.

Mr. Kerber stated that a definition of adult oriented retail establishment could be drafted which would include adult products purchased but not used on the premises, purchased for home use and include certain location restrictions such as 500 feet of any residence, 2800 feet of a church or school, 1500 feet of each other. Mr. Kerber stated that those are very, very restrictive provisions and there aren't many locations in particular in New Castle County that would fit within those parameters. He also suggested that the language could also state that the door can’t be left open and no adult products may be permitted to be seen from outside the establishment to prevent minors from being exposed.

Sen. Sokola suggested excluding the residential requirements based on the fact that new zonings include both retail and residential in the same location for example businesses on the first floor, and residential on the second floor.

Mr. Kerber stated that zoning could be subject to scrutiny by the court.

There was discussion about selling adult novelty products at home parties. Mr. Collins stated that currently that’s not regulated by DPR and he does not believe it should be.

4. Amend the statute to provide the Commission with the authority to deny a license if the public hearing in a given locality was adamantly opposed to such an establishment. (1990 JSC recommendation)

This was 1990 JSC Recommendation. Sen. Sokola suggested that Debbie take a look at the Alcohol Beverage Control Commissioner statute for related language.

Mr. Nutter suggested granting the Commission the authority to consider the public sentiment with granting an initial license. Currently the Commission does not have the discretion at all to consider the wishes of the surrounding community if the establishment otherwise meets the requirements of the statute.

5. Amend the statute to include a provision allowing for the removal of Commission members and appeal language. §1603 of Title 24 (1990 JSC recommendation)

Vote to adopt recommendation 5. Yes – all present (6 – Sokola, Connor, Bonini, Bushweller, Kowalko, Thornburg)

6. Amend the statute to include the usual conflict of interest language which covers public members of other boards/commissions. §1603 of Title 24. (1990 JSC recommendation)

Vote to adopt recommendation 6. Yes – all present (6 – Sokola, Connor, Bonini, Bushweller, Kowalko, Thornburg)

7. Amend § 1606(a) of Title 24 by adding the words “Any adult entertainment establishment operated without having been issued a license therefore by the Commission is declared to be a nuisance.”

Recommendations # 7, 9, 10, and 16 address the same issue. This change will bring unlicensed adult entertainment establishments within the purview of an existing statute which is called the Delaware Drug Nuisance and Social Vices Abatement Act. This Act allows for civil enforcement from the Attorney General for any establishment declared to be a nuisance by law, so by putting it in the statute, unlicensed adult entertainment are declared to be nuisance, therefore it lets the Attorney Generals office go after those establishments civilly. The Attorney General’s Office has been very successful in going after drug houses, prostitution houses and illicit motels using that statute. The DOJ, the DPR and the Commission are in agreement.

Vote to adopt recommendation 6. Yes – all present (6 – Sokola, Connor, Bonini, Bushweller, Kowalko, Thornburg)

8. Amend § 1604(e) of Title 24 by deleting the reference regarding paying all fees from licensees to the State Treasurer.

Vote to adopt recommendation 8. Yes – all present (6 – Sokola, Connor, Bonini, Bushweller, Kowalko, Thornburg)

9. Amend the Commission’s governing statute to allow for civil enforcement action to be taken under the Delaware Drug Nuisance and Social Vices Abatement Act against unlicensed adult entertainment establishments.

Addressed in Recommendation #7.

10. Amend § 1606 of Title 24 that allows for civil enforcement action to be taken against unlicensed adult entertainment establishments that would not trigger the mens rea requirements discussed in the Superior Court decision in State of Delaware v. Carrea.

Addressed in Recommendation #7.

11. Amend § 1603(b) of Title 24 by deleting the sentence, “The Governor shall appoint the 5 members of the Commission within 30 days of the enactment of this chapter. Two members shall be appointed for 2 years and 2 members for 3 years. Upon the expiration of said terms the Governor shall appoint successors for terms of 3 years.” and replacing it with the sentence “Members shall serve for terms of three years.”

Vote to adopt recommendation 11. Yes – all present (6 – Sokola, Connor, Bonini, Bushweller, Kowalko, Thornburg)

12. Amend § 1603(e) of Title 24 by changing the compensation rate for members from $30 to $50 per meeting. (1990 JSC Recommendation)

Vote to adopt recommendation 12. Yes – all present (6 – Sokola, Connor, Bonini, Bushweller, Kowalko, Thornburg)

13. Amend § 1603(c) of Title 24 to clarify the term limit provisions and reference the Commission rather than a Board.

a. Amend the statute to limit Commissioners’ terms to two one-year terms. §1603(c) of Title 24. (1990 JSC Recommendation)

Mr. Collins stated that he would like the language to be more consistent with the other boards and commissions. He will submit the proposed language to Debbie.

14. Amend the statute to provide that the Chairperson of the Commission be elected by the members from its membership. §1603(b) of Title 24. (1990 JSC recommendation)

Vote to adopt recommendation 4. Yes – all present (6 – Sokola, Connor, Bonini, Bushweller, Kowalko, Thornburg)

15. Amend § 1604(b) of Title 24 that currently provides that the Commission is mandated to meet “regularly not less than one day per month or within 30 days of receiving an application, whichever comes sooner…” to provide for meetings “regularly or within 30 days of receiving an application, whichever comes sooner….” The Commission does not comply with the existing monthly meeting provision due to the limited number of licensees.

There was discussion. Currently the Commission meets annually to renew the 3 licenses. Mr. Collins stated that he will get back to the Committee with proposed language.

16. Amend §1606(a) of Title 24 by adding the words “Any adult entertainment establishment operated without having been issued a licensed therefore by the Commission is declared to be a nuisance.”

Addressed in Recommendation #7.

17. Amend the statute to change the composition of the Commission to include members of the regulated professions. §1603 of Title 24.

18. Amend §1603(b) of Title 24 by deleting the last sentence, “The Commission shall designate 1 of its members as Secretary-Treasurer.”

Vote to adopt recommendation 18. Yes – all present (6 – Sokola, Connor, Bonini, Bushweller, Kowalko, Thornburg)

19. Amend §1604(e) of Title 24 by deleting the sentence, “All expenses of the Commission, within the limits of the appropriations made to it, shall be paid by the State Treasurer upon vouchers signed by the Secretary-Treasurer of the Commission.”

Vote to adopt recommendation 19. Yes – all present (6 – Sokola, Connor, Bonini, Bushweller, Kowalko, Thornburg)

The JSC recommends that the Commission take the following action:

20. Review and update its Rules and Regulations to implement the provisions of HB 36. (GA 144th)

Vote to adopt recommendation 20. Yes – all present (6 – Sokola, Connor, Bonini, Bushweller, Kowalko, Thornburg)

For Discussion

21. There is concern about using the Division’s investigative staff, who are non law enforcement personnel, to investigate unlicensed establishments to implement the provisions of HB 36. As amended: The Joint Sunset Committee encourages the Commission to enter into a Memorandum of Understanding with the Dept. of Justice, Delaware State Police, Division of Professional Regulation and the Commission to use investigative staff to investigate licensed or unlicensed adult entertainment establishments.

Vote to adopt recommendation 23. Yes – all present (6 – Sokola, Connor, Bonini, Bushweller, Kowalko, Thornburg)

22. Expanding the Commission’s purview will cause the Commission to meet more frequently and thus creating additional administrative work. This may push the Division of Professional Regulation beyond its threshold.

23. Inspections of establishments are not performed by the Division of Public Health as mandated by §§ 1631 – 1635 of Title 24. As amended: Delete the sections of the Code that refer to the Division of Public Health performing inspections of establishments as mandated by §§ 1631 – 1635 of Title 24.

Vote to adopt recommendation 23. Yes – all present (6 – Sokola, Connor, Bonini, Bushweller, Kowalko, Thornburg

24. Perhaps bachelor and bachelorette party services and home stripper services are within the Delaware Code definition of adult entertainment establishments (24 Del. C § 1602(2)), but are not subjected to the same restrictions applied to a licensed adult entertainment establishment.

Mr. Collins stated that his office did a search and tried to identify some language, however they were unsuccessful in that search. Mr. Collins will get back to the Committee with suggested language.

25. The Commission needs the ability to regulate unlicensed activity. The Royal Farms in Greenwood has adult magazines mixed in with regular magazines. They also have booths that you can sit in next to the magazine racks. This could make them an adult bookstore.

26. Video rental establishments require an age limit to go behind the retail area to rent adult videos. How does one know what happens back there? They should be required to log in everything they get.

IV. Department of Technology and Information

Discussion regarding proposed JSC Recommendations

Proposed Statutory Changes

1. Remove section of statute that references the Office of Information Services. (29 Del. C. § 9011C)

Vote to adopt recommendation 1. Yes – all present (6 – Sokola, Connor, Bonini, Bushweller, Kowalko, Thornburg)

2. Sunset the Dual Party Relay Advisory Committee. (26 Del. C. § 221)

Vote to adopt recommendation 2. Yes – all present plus Dr. Katz upon arrival (7 – Sokola, Connor, Bonini, Bushweller, Kowalko, Thornburg)

3. Draft legislation establishing Telecommunications Relay Service Advisory Committee. Specify members, the purpose and the functions. (Currently under Title 26 PSC – what chapter of the Code should it be in?)

Vote to adopt recommendation 3. Yes – all present (6 – Sokola, Connor, Bonini, Bushweller, Kowalko, Thornburg)

4. Reconfigure membership of the Technology and Investment Council to include a representative from OMB.

Vote to adopt recommendation 4. Yes – all present (6 – Sokola, Connor, Bonini, Bushweller, Kowalko, Thornburg)

5. Mandate that the TIC meet at least quarterly.

Vote to adopt recommendation 5. Yes – all present (6 – Sokola, Connor, Bonini, Bushweller, Kowalko, Thornburg)

6. Reconvene the Technology and Investment Council and have the Council meet at least quarterly. (29 Del. C § 9014C) This Council has not met since 2006. Statutorily this Council’s purpose is to “adopt policies and procedures used to develop, review and annually update a statewide technology plan and provide it to the Governor and the Office of OMB.” Statute mandates that the Council provides this statewide technology plan annually by Oct. 1st of each year.

7. Research whether the technical/software capability exists for an individual to tag an email as personal privilege or whistle blower.

Sec. Sills stated that there is software available that would allow someone to tag an email or identify an email as personal. We would have to install that software on each individual PC, so there is a cost associated however, the Secretary simply researched the issue to see if there was software available that could actually identify emails that are personal. Mr. Bowden stated that this software would need to be installed on each users computer. So when you are talking about the public it is not really a feasible solution.

Currently there is nothing that protects a whistle blower. The auditor's office has a mechanism in place where an individual can just send in something electronically to him regarding the issue. It is possible to set up an email address that says whistle blower.state. and that would give them some kind of protection.

8. Work with the Economical and Efficient Statewide Student Assessment Task Force to ensure that every school district is technologically prepared to move away from the DSTP and use the adaptive growth model.

Vote to adopt recommendation 8. Yes – all present (6 – Sokola, Connor, Bonini, Bushweller, Kowalko, Thornburg)

9. Continue to focus on “green initiatives.”

Sec. Sills stated that this is one of the initiatives with the Governor's Government Performance Review. DTI is working with OMB to launch this across the entire state.

Vote to adopt recommendation 9. Yes – all present (6 – Sokola, Connor, Bonini, Bushweller, Kowalko, Thornburg)

10. E-government – continue to develop more interaction with websites.

Vote to adopt recommendation 10. Yes – all present (6 – Sokola, Connor, Bonini, Bushweller, Kowalko, Thornburg)

11. Contact the Division of Child Support Enforcement with regard to technology and software upgrades.

As amended: Continue involvement with the Division of Child Support Enforcement with regard to technology and software upgrades.

Vote to adopt recommendation 11. Yes – all present (6 – Sokola, Connor, Bonini, Bushweller, Kowalko, Thornburg)

12. Identify the specific concerns expressed by Jeff Hague at the Feb. 25 Public Hearing and work to address/resolve the issues.

Vote to adopt recommendation 12. Yes – all present (6 – Sokola, Connor, Bonini, Bushweller, Kowalko, Thornburg)

Sen. Bonini stated that with the constant changing of technology and the challenges of keeping people trained the long term solution at DTI is simply a very small oversight department hiring outside people to do all the work because it is their business to stay up to date. DTI is already by definition, unique in the non-merit aspect. True flexibility comes from hiring outside vendors, because that is their business. Their employees are going to be up to date or else they won't get the State as a client. This isn't a proposal to get rid of good employees, but perhaps it is a model that we want to look at for sometime in the future

Sec. Sills replied that DTI is a learning organization and they have some excellent technologists. He stated:

“We have to constantly stay abreast of what is happening in the technology realm. We have a significant budget that allows us to train people and it is just a matter of our managers jobs or responsibilities to make sure that our people have the right training and they are staying abreast of all the new enhancements be it hardware, software, out in the industry. So to make a long story short, we really see our role of being not just a smaller organization, but eventually becoming a larger organization with some of the consolidation opportunities throughout the state, and so we'd have to take on the responsibility of continuing to learn, to stay abreast of all the technology that's changing on a daily basis.”

Sen. Bonini stated that in terms of long term savings and long term efficiency, DTI should be the one overseeing software and licensing, however the way to be perhaps the most cost efficient and the most flexible is to hire from the private sector, especially in these tight, tight budget times. If the vendor is not doing what they were hired to do, then they don't get the contract back the next year.

Sec. Sills stated that one of first things that is cut in the private sector is training, and a lot of times, DTI has consultants come in and DTI people are training those consultants to do some of the work because DTI is just a little more advanced then they are because their company has cut that training out.

For Discussion

13. Delaware is the only non-merit system agency in the entire US that manages the IT functions. What do other states do?

14. The Governor’s Information Services Task Force recommended making DTI an agency capable of promoting and rewarding the excellence already existing within the State while attracting the best and brightest employees. The Task Force recommends the following four initiatives:

The State needs to improve its ability to recruit and retain staff

• The compensation system is perceived to be inflexible.

• The State’s personnel structure and rules are too limiting.

• Training needs to be enhanced.

• It is difficult to hire qualified “experts.”

• It is easier to hire contractors and pay them more than it is to hire full time staff.

15. The Governor’s proposed FY 2010 Operating Budget included a recommendation ($750.0) to reflect a utilization of cost recovery funds to pay for general operating expenditures. Please explain.

16. The Governor’s proposed FY 2010 Operating Budget included converting 8 contractual employees to 8 full time non-merit positions, eliminating 3.0 contractual employees and eliminating 1 vacant full time position. ($362.0)

• Does this contradict the statewide hiring freeze?

• Does this practice contradict the reasoning behind the non merit practice as well as the initiative from the Task Force that it is “easier to hire contractors and pay them more than it is to hire full time staff.

Sec. Sills said that there are a couple of trends that are happening in the government IT space, and one is the outsourcing of the entire IT function to a 3rd party company. The State of Georgia and the State of Virginia have done that. There are also a number of initiatives in Michigan, California and New York where they are trying to centralize IT under one IT organization to establish better procedures, better controls, lower costs, and following one central methodology. A number of states, including Colorado, are looking at centralizing IT under one organization such as DTI. The 3rd trend is DTI’s model, which a number of states wish they had. Delaware is the only state that has a non-merit system agency model, so that is a pay-for performance model.

There was discussion about DTI and the initiatives and recommendations of the Governor’s Task Force concerning the creation of DTI.

Mr. Hickox replied that specifically to the Task Force report, the things that DTI was to focus on was 1) IT governance and 2) core services or enterprise services and major projects such as the ERP initiative, the First State Financials, emails, some of those large scale things that everybody uses, everybody has an opportunity to use, but historically in the state, they were partitioned out amongst the agencies, and it was really an effort to consolidate, bring those things together so that we could provide it as a central service, and we are continuing to go down that road on a central, to focus on those types of central services. The issue as to full time vs. contractor in the report where it says the state needs to improve its ability to recruit or retain staff, one of the problems that OIS had was it was they were bound by some of the challenges with the state pay grade system. It was easier to physically hire a contractor because they could never pay a full time employee the appropriate salary. By changing the compensation system, going outside of the merit system and not being bound by those requirements, it is now easier for DTI to hire the resources it needs at a much lower cost. If a contractor is paid $100/hour, that is $200,000/year. A full time employee can be hired for $80,000/year, so there is a significant savings.

Mr. Hickox stated that one of the challenges they faced with a contractor, was “we teach them everything they needed to know, the company gets a better contract with a bigger agency. They pull them because that is the resource they use to get the other contract and we get somebody new. So by having the full time employee on staff, that has the skills at a much lower cost, it actually made us more effective and more efficient. Going forward is part of the budget. One of the things we were looking at was rather than continuing to pay contractors at a higher rate for years and years, the use of contractors should be limited to short term engagements to ramp up for specific skill sets. What has been happening historically across the state, you will find this in many agencies, is they get the contractors but they can't get FTE's approved, and then they keep the contractors, and we have contractors that are in certain IT divisions within certain state agencies in this state that have been there for 19 years. Through our analysis, through government performance review, we found that. Nineteen years they have been paying someone double what versus just hiring them full time. So really what our focus has been is to make that conversion, the contractors that we would still have, make the conversion. If we think they are going to be long term, let's make that conversion, let's pay them a decent salary and at the same time we eliminate the extra cost. And in the example that you have here, we are going to save $362,000 by converting those people. And we think that is an appropriate, effective use of state funds. I don't necessarily think it is against what the task force recommended, because that item identified by the task force was one of the challenges we had and not necessarily identifying it as a good thing.”

Sen. Sokola stated that sometimes the implementation is a little different from what a task force recommends. This doesn’t raise a concern so long as there is a good reason that something different was done than what the task force recommended. Looking at the very low turnover, that facts seems to contradict what would be expected based on reading the Task Force Report– but that doesn't necessarily mean it is a bad thing if there is a significant cost savings involved.

Sec. Sills stated that technology has changed tremendously since 2001 and DTI has the ability to manage it better from a central point, in terms of the hardware, the software, and also licensing. It just makes sense to look for those kinds of opportunities where you can share the responsibility and have it under one organization.

17. Specifically how is the $500,000 spent on employee training. Please provide a detailed breakdown for the past three fiscal years. Not provided.

18. If DTI currently spends $500,000 annual on staff training, how much will be needed if there are an additional 8 full time employees?

Sec. Still stated there will not be any additional cost for training.

19. Explain:

• $5,000 spent on gift cards despite the fact that OMB’s policies clearly dictate that gift cards are not permitted

• $3,300 for employee recognition supplies

• $400 for management appreciation luncheons

• $10,000+ for conference expenses

Sec. Sills said, “…when we originally provided the gift cards to the employees, it was discouraged. The OMB policy discouraged any kind of gift card that had cash value associated with it. It was not prohibited. Since this incident, they have changed the actual policy that says it is prohibited, and DTI will follow the new policy. We will not provide any type of cash or gift cards to our employees going forward. We've sent out an email to all of our employees. They are fully aware of it and we will follow the policy.”

Sen. Sokola stated that legislative travel has been stopped, however some legislators are members of the national or regional organization and those groups pay for the travel. The Senator said that in some cases, travel is necessary, however he wants an assurance from DTI that there is a good business and good technology reason for going to a conference.

With regard to the $10,000 for conference expenses, Sec. Sills stated that some of that was actually travel and training for things that DTI employees needed to travel to, such as to go to the vendor site to receive training. DTI is following all the policies that the Governor recently enacted regarding travel and DTI will follow OMB’s policies. The Secretary said that there may be occasions when someone may have to travel.

20. Consolidate services by absorbing agency core IT personnel within DTI.

a) If consolidation occurs, need policies to deal with hybrid system of merit and non-merit employees.

b) Possible elimination of positions.

c) Grandfather Merit employees.

Sec. Sills stated that DTI is in the assessment phase of determining where the pockets of IT functions are, and trying to identify where there may be overlaps from a hardware standpoint, a software standpoint, and personnel standpoint. This is all part of the Governor’s Performance Review.

a. Centralize IT purchasing. Example – PC/laptop replenishment program.

b. Centralize software licensing.

c. Modernize the state's mainframe computer systems.

There currently is no funding at the agency level for this critical initiative.

20, 21, 22, 23. As amended: Provide a status update in the mandated Progress Reports in September and December for recommendations #20, 21, 22 & 23.

Vote to adopt recommendations 20, 21, 22, & 23 as amended. Yes – all present (6 – Sokola, Connor, Bushweller, Katz, Kowalko, Thornburg)

V. New Business

Sen. Sokola informed the JSC members that the recording equipment failed to function at the March 17th Public Hearing regarding the Violent Crimes Compensation Board. The minutes of which will contain submitted info.

Rep. Kowalko stated that he believes it is important that those minutes reflect some of the discussion regarding the supplementary fund and the VCCB and a suggested compromise that may have been acceptable.

VI. Adjournment

The meeting was adjourned at 1:55 p.m.

dap/April 21,2009

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