04/20/2006 01:30 PM House FINANCE

   3:17:05 PM                                                                                                                 
                                                                                                                                
   SENATE BILL NO. 253                                                                                                        
                                                                                                                                
        An Act extending the termination date for the Board of                                                                  
        Chiropractic Examiners; and providing for an effective                                                                  
        date.                                                                                                                   
                                                                                                                                
   TOM MAHER, STAFF, SENATOR  GENE THERRIAULT, provided a brief                                                                 
   background on  the  sunset  process  that  produced  SB 253.                                                                 
   Sunset reviews  were  conducted  under  revisions  made last                                                                 
   session to  statutes that  govern the  sunset process.   The                                                                 
   standard sunset  period  for  occupational  boards  and non-                                                                 
   occupational boards  was changed  from  "not to  exceed four                                                                 
   years" to  "not  to  exceed eight  years".    Increasing the                                                                 
standard sunset period allows  for better use of audit staff,                                                                   
committee time,  and makes the sunset process  less consuming                                                                   
for boards and regulatory agencies.                                                                                             
                                                                                                                                
Mr. Maher  added that  Alaska's sunset  process has  matured,                                                                   
most of the sunset reviews are  less about eliminating boards                                                                   
and commissions, and more about  operational performance.  To                                                                   
better  measure operational  performance,  last session,  two                                                                   
new criteria  were added to  statute that must  be considered                                                                   
in the course of a sunset review by the auditors:                                                                               
                                                                                                                                
   · The extent to which the board, commission, or agency                                                                       
     has effectively attained its objectives and the                                                                            
     efficiency with which it has operated                                                                                      
                                                                                                                                
   · The extent to which the board, commission, or agency                                                                       
     duplicates the activities of another governmental                                                                          
     agency or the private sector.                                                                                              
                                                                                                                                
Mr.  Maher  continued, expanding  criteria  assures  auditors                                                                   
will  measure the  efficiency  and effectiveness  of  boards,                                                                   
commissions  or agencies  under review.   SB  253 stems  from                                                                   
recommendations  contained in  the  Legislative Audit  Sunset                                                                   
Report dated  September 26,  2005.   They concluded  that the                                                                   
Board of Chiropractic Examiners  is operating in the public's                                                                   
best interest and should continue  to regulate chiropractors.                                                                   
SB 253 follows the auditor's recommendation  that extends the                                                                   
sunset to June 30, 2014 for an eight-year extension.                                                                            
                                                                                                                                
There is  a fiscal  note and that  extending the  Board would                                                                   
not incur any  additional costs over the amounts  proposed in                                                                   
the FY07 Governor's  operating budget request.   The Board is                                                                   
self-supporting.                                                                                                                
                                                                                                                                
3:119:53 PM                                                                                                                   
                                                                                                                                
Representative Kelly referenced Page 5 of the audit.                                                                            
                                                                                                                                
PAT   DAVIDSON,  LEGISLATIVE   AUDITOR,   LEGISLATIVE   AUDIT                                                                   
DIVISION, explained that the Board  seemed to get "caught up"                                                                   
in a couple  issues such as independent  medical examinations                                                                   
(IME).   The  Department  of Law  warned  them,  they had  no                                                                   
statutory authority  to provide school sport  examinations or                                                                   
MIE's, which tied into LBA's first  recommendation to improve                                                                   
efficiency of the meeting process.                                                                                              
                                                                                                                                
Representative Kelly  asked if there was a cost  to the State                                                                   
for  those inefficiencies.   Ms.  Davidson  replied that  the                                                                   
license fees support the Board's activities.                                                                                    
                                                                                                                                
3:22:03 PM                                                                                                                    
                                                                                                                                
   Representative  Foster  referenced  the  attorney  general's                                                                 
   recommendations  listed  on  Page  18  of  the  audit.   Ms.                                                                 
   Davidson echoed previous comments  regarding the independent                                                                 
   medical examiners.                                                                                                           
                                                                                                                                
   PUBLIC TESTIMONY CLOSED                                                                                                      
                                                                                                                                
   3:23:29 PM                                                                                                                 
                                                                                                                                
   Representative  Foster  MOVED  to   REPORT  SB  253  out   of                                                                
   Committee  with  individual  recommendations  and  with  the                                                                 
   accompanying fiscal note.                                                                                                    
                                                                                                                                
   Representative  Weyhrauch  OBJECTED  noting  the  number   of                                                                
   boards of commissions  statewide.   Representative Weyhrauch                                                                 
   WITHDREW his OBJECTION.                                                                                                      
                                                                                                                                
   Representative Foster pointed  out that in  1989, there were                                                                 
   114 Boards and  Commissions.  After  Governor Hickel's term,                                                                 
   there were 142.                                                                                                              
                                                                                                                                
   There being NO further OBJECTION, it was so ordered.                                                                         
                                                                                                                                
   SB  253   was  reported   out  of   Committee  with   a  "no                                                                 
   recommendation and with fiscal  note #1 by the Department  of                                                                
   Commerce, Community & Economic Development.                                                                                  
                                                                                                                                
   3:25:29 PM