Legislature(2017 - 2018)HOUSE FINANCE 519

02/13/2018 01:30 PM FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 273 EXTEND: MARIJUANA CONTROL BOARD TELECONFERENCED
Heard & Held
+= HB 274 EXTEND: BD OF PSYCHOLOGISTS/PSYCH ASSOC. TELECONFERENCED
Moved HB 274 Out of Committee
+= HB 275 EXTEND: BOARD OF MASSAGE THERAPISTS TELECONFERENCED
Moved CSHB 275(FIN) Out of Committee
+ HB 278 EXTEND:CERT. REAL ESTATE APPRAISERS BOARD TELECONFERENCED
Moved HB 278 Out of Committee
-- Public Testimony --
+ HB 279 EXTEND: REAL ESTATE COMMISSION TELECONFERENCED
Heard & Held
-- Public Testimony --
+ HB 280 EXTEND: BOARD OF MARITAL & FAMILY THERAPY TELECONFERENCED
Moved HB 280 Out of Committee
-- Public Testimony --
+ Bills Previously Heard/Scheduled 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