Legislature(2017 - 2018)HOUSE FINANCE 519
02/13/2018 01:30 PM House FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| HB274 | |
| HB275 | |
| HB278 | |
| HB279 | |
| HB280 | |
| HB273 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 273 | TELECONFERENCED | |
| += | HB 274 | TELECONFERENCED | |
| += | HB 275 | TELECONFERENCED | |
| + | HB 278 | TELECONFERENCED | |
| + | HB 279 | TELECONFERENCED | |
| + | HB 280 | TELECONFERENCED | |
| + | TELECONFERENCED |
HOUSE BILL NO. 275
"An Act extending the termination date of the Board of
Massage Therapists; and providing for an effective
date."
1:40:47 PM
CRYSTAL KOENEMAN, STAFF, REPRESENTATIVE SAM KITO, reminded
the committee that the bill extended the board for four
years at the recommendation of the Division of Legislative
Audit.
Vice-Chair Gara asked about the cost to a licensed massage
therapist for the licensing fees and fingerprinting costs.
Ms. Koeneman replied that in FY 2018 the non-refundable
application fee was $200, the licensing fee for a biennial
license was $290 and the non-refundable fingerprinting
processing fee was $60.
Co-Chair Seaton MOVED to ADOPT Amendment 1, 30-LS1185\D.2
(Radford, 2/6/18) (copy on file).
Page 1, line 1, following "Therapists;":
Insert "relating to license renewal and criminal
history record checks for massage therapists;"
Page 1, following line 6:
Insert new bill sections to read:
"* Sec. 2. AS 08.61.050 is amended to read:
Sec. 08.61.050. Standards for license renewal. The
board shall renew a license issued under this chapter
to a licensee who
(1) pays the required fee;
(2) meets the continuing education requirements
established by the board;
(3) has not been convicted of, or pled guilty or
no contest to, a crime involving moral turpitude,
or has been convicted of, or pled guilty to or no
contest to, a crime involving moral turpitude if
the board finds that the conviction does not
affect the person's ability to practice
competently and safely;
(4) has a current cardiopulmonary resuscitation
certification; and
(5) has been fingerprinted and has provided the
fees required by the Department of Public Safety
under AS 12.62.160 for criminal justice
information and a national criminal history
record check once every three renewals; the
fingerprints and fees shall be forwarded to the
Department of Public Safety to obtain a report of
criminal justice information under AS 12.62 and a
national criminal history record check under AS
12.62.400.
* Sec. 3. The uncodified law of the State of Alaska is
amended by adding a new section to read:
APPLICABILITY. AS 08.61.050, as amended by sec. 2
of this Act, applies to applications for renewal
of a license to practice as a massage therapist
under AS 08.61 filed on or after the effective
date of sec. 2 of this Act."
Renumber the following bill section accordingly.
Page 1, line 7:
Delete "This"
Insert "Section 1 of this"
Page 1, following line 7:
Insert a new bill section to read:
"* Sec. 5. Sections 2 and 3 of this Act takes
effect July 1, 2018."
Representative Wilson OBJECTED for discussion.
Co-Chair Seaton explained the amendment. He voiced that the
amendment changed the fingerprinting and criminal history
requirement to once every six years or three renewal
cycles. He thought that the requirement at every renewal
was a burden on the industry and the department. He noted
that the massage board was the only board currently
requiring repeat fingerprinting and criminal history
checks. In addition to the $60 fingerprinting processing
fee, another fee was charged for the actual fingerprinting,
which varied from $26 to $35 depending on location in the
state.
Co-Chair Foster asked for the sponsor's opinion.
1:44:43 PM
Ms. Koeneman shared that the sponsor was in opposition to
the amendment. She relayed that currently another bill HB
110-Massage Therapy Licensing; Exemptions (CHAPTER 10 SLA
18 - 05/15/2018) that addressed the issue would be referred
to the House Finance Committee in approximately one week
and was currently in the House Labor and Commerce
Committee.
Representative Ortiz asked for explanation about the other
bill. Ms. Koeneman answered the House Labor and Commerce
Committee had been working on a bill to address several
issues facing the massage therapy board. Representative
Ortiz asked whether the opposition was due to insufficient
language in the amendment. Ms. Koeneman answered the
sponsor did not oppose the amendment's language but opposed
adding it to a sunset bill. The sponsor favored a "clean"
sunset bill and addressing substantive issues in another
piece of legislation.
Representative Guttenberg was under the impression that the
massage board was the only one being required to retake
fingerprints each licensing renewal. He asked why besides
repeatedly, fingerprints were required at all. Ms. Koeneman
responded that the establishing legislation required
fingerprinting and background checks as a "check and
balance" with every renewal and it had been a policy
decision made by the legislature at the time.
Representative Guttenberg asked about a check and balance
on what and wondered what the point was. He wondered if
there was concern about identity theft. He emphasized that
very few boards required fingerprints and none repeatedly.
Ms. Koeneman deferred to the board.
DAVID EDWARDS-SMITH, CHAIR, BOARD OF MASSAGE THERAPY (via
teleconference), replied that there was a transient
population of massage therapists that worked in multiple
states. He elaborated that the purpose of fingerprinting
triggered a background check that provided information
regarding whether a crime of "moral turpitude" was
committed. The board discovered a "few" prostitution
charges from background checks that resulted in license
denials.
1:49:45 PM
Representative Wilson asked whether the prostitution
charges were discovered during the initial background check
or under renewal. Mr. Edwards-Smith answered that at least
one crime of moral turpitude was found under the first
renewal period. Representative Wilson asked for the total
number of licensees. Mr. Edwards-Smith replied that there
were approximately 1,200. Representative Wilson agreed that
the background check renewal requirement was not made of
any other board and felt that one out of 1,200 was a very
low threshold. She thought the requirement was burdensome
and was unaware at the time of initial licensure that the
massage board would be the only board requiring background
checks at every renewal. She favored the amendment.
Vice-Chair Gara stated that fingerprinting was a
"roundabout way" to get a background check on a person. He
noted that one set of fingerprints was already required. He
asked if anyone had ever considered having the state do a
background check without fingerprinting. Mr. Edwards-Smith
replied that the fingerprint card triggered the federal
background check which was more thorough than a state
background only check. The purpose was looking to address a
"significant" transient population of therapists in Alaska.
Representative Wilson thought the debate was not about
whether the issue was right or wrong. She would prefer to
include the amendment in the current bill that had a better
chance of passing than in a separate piece of legislation.
Representative Wilson WITHDREW her OBJECTION.
Representative Pruitt OBJECTED because the topic was in
another bill. He relayed that he recently withdrew an
amendment regarding the Alaska Public Offices Commission,
(APOC) from consideration because he was informed the
amendment's substance was included in a different bill. He
felt that the process should be consistent.
1:54:22 PM
Co-Chair Seaton provided closing remarks on the amendment.
He was uncertain whether the other bill regarding massage
therapy licensure changes would move out of the committee
it currently sits. He declared that the current bill was a
licensing bill and the issue strictly dealt with licensing
requirements. The amendment was not adding "other
substantive elements" to the licensure program. He urged
member's support for the amendment.
A roll call vote was taken on the motion.
IN FAVOR: Guttenberg, Kawasaki, Ortiz, Thompson, Tilton,
Wilson, Gara, Foster, Seaton
OPPOSED: Pruitt,
The MOTION PASSED (9/1).
1:56:30 PM
AT EASE
1:56:38 PM
RECONVENED
Representative Wilson MOVED to ADOPT Amendment 2, 30-
LS1185\D.3 (Radford, 2/8/18).
Page 1, Line 5:
Delete "2022"
Insert "2024"
There being NO OBJECTION, it was so ordered.
Co-Chair Seaton MOVED to REPORT CSHB 275(FIN) out of
committee with individual recommendations and the
accompanying fiscal note. There being NO OBJECTION, it was
so ordered.
CSHB 275(FIN) was REPORTED out of committee with a "do
pass" recommendation and with one new fiscal impact note
from the Department of Commerce, Community and Economic
Development.
1:58:01 PM
AT EASE
1:58:28 PM
RECONVENED
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 278 Audit Real-Estate-Appraisers-Final-Report-WEB.pdf |
HFIN 2/13/2018 1:30:00 PM |
HB 278 |
| HB278 Sponsor Statement 1.25.18.pdf |
HFIN 2/13/2018 1:30:00 PM |
HB 278 |
| HB 279 Audit REC-Final-Report-WEB.pdf |
HFIN 2/13/2018 1:30:00 PM |
HB 279 |
| HB279 Opposition Letter 1.30.18.pdf |
HFIN 2/13/2018 1:30:00 PM |
HB 279 |
| HB279 Sponsor Statement 1.25.18.pdf |
HFIN 2/13/2018 1:30:00 PM |
HB 279 |
| HB279 Supporting Document - REC Letter of Support 2.10.18.pdf |
HFIN 2/13/2018 1:30:00 PM |
HB 279 |
| HB 280 Audit MFT-Final-Report-WEB.pdf |
HFIN 2/13/2018 1:30:00 PM |
HB 280 |
| HB280 Sponsor Statement 1.25.18.pdf |
HFIN 2/13/2018 1:30:00 PM |
HB 280 |
| HB 275 - Amendments.pdf |
HFIN 2/13/2018 1:30:00 PM |
HB 275 |
| HB 273 HFIN Followup02.13.2018 .pdf |
HFIN 2/13/2018 1:30:00 PM |
HB 273 |