Legislature(2005 - 2006)CAPITOL 17

04/11/2005 03:15 PM LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 157 ELEC/PHONE COOP & OTHER ENTITIES TELECONFERENCED
Heard & Held
+ SB 129 WRONGFUL FILING OF LIS PENDENS TELECONFERENCED
Moved Out of Committee
+ SB 52 OCCUPATIONS/CORPORATIONS/BANKS/SECURITIES TELECONFERENCED
Moved Out of Committee
Bills Previously Heard/Scheduled
SB 52-OCCUPATIONS/CORPORATIONS/BANKS/SECURITIES                                                                               
                                                                                                                                
CHAIR ANDERSON  announced that the  next order of  business would                                                               
be CS  FOR SENATE BILL NO.  52(L&C), "An Act relating  to certain                                                               
functions   of  the   division   of   banking,  securities,   and                                                               
corporations and  the division of  occupational licensing  in the                                                               
Department  of  Commerce,  Community, and  Economic  Development;                                                               
relating  to  program receipts  and  record  search fees  of  the                                                               
Department  of  Commerce,  Community,  and  Economic  Development                                                               
related to  banking, securities, and corporations;  and providing                                                               
for an effective date."                                                                                                         
                                                                                                                                
RICK  URION,   Director,  Division  of   Occupational  Licensing,                                                               
Department  of   Commerce,  Community,  &   Economic  Development                                                               
(DCCED), stated that with Administrative  Order 219, the Division                                                               
of Banking, Securities, and Corporations  functions will be moved                                                               
to the  Division of  Occupational Licensing.   He  indicated that                                                               
this was  a great move  since the  two division have  many common                                                               
issues.    He  started  off  stating that  the  bill  before  the                                                               
committee  is  a  housekeeping  bill  and  makes  no  substantive                                                               
changes to the law.  He  explained that CSSB 52(L&C) replaces all                                                               
references  to specific  divisions  with  the word  "department".                                                               
Mr.  Urion expressed  the  hope  that with  the  passage of  CSSB
52(L&C), the  Division of Occupational Licensing  will change its                                                               
name to more accurately reflect  the inclusion of the Division of                                                               
Banking, Securities, and Corporations.                                                                                          
                                                                                                                                
REPRESENTATIVE ROKEBERG asked if  there will be any investigatory                                                               
efforts  that  will  require  the  division  to  police  its  new                                                               
responsibility.                                                                                                                 
                                                                                                                                
MR. URION answered that there would  be no more policing than the                                                               
division already  does.   He explained that  the creation  of one                                                               
common  databank   will  enable  the  division   to  do  in-house                                                               
investigations.                                                                                                                 
                                                                                                                                
REPRESENTATIVE   GUTTENBERG   asked   if   the   department   has                                                               
authorities  that  the  division   didn't  have  with  regard  to                                                               
enforcement and prosecution.                                                                                                    
                                                                                                                                
MR. URION asserted  that the division would  assume absolutely no                                                               
more  authority  than  it  has  now.    He  reiterated  that  the                                                               
references to specific divisions  in statute are being eliminated                                                               
and replaced with references to the "department".                                                                               
                                                                                                                                
REPRESENTATIVE ROKEBERG  stated that  one of  the issues  that he                                                               
knew  about  from  the  Division   of  Banking,  Securities,  and                                                               
Corporations  were   problems  concerning  oversight   of  Native                                                               
corporations with  their elections  of boards  of directors.   He                                                               
then asked  if this responsibility  now falls under  the auspices                                                               
of the [Division of Occupational Licensing].                                                                                    
                                                                                                                                
3:47:06 PM                                                                                                                    
                                                                                                                                
MR. URION  answered yes.   In further response  to Representative                                                               
Rokeberg, he specified  that there are nine  positions with three                                                               
vacancies.                                                                                                                      
                                                                                                                                
3:47:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROKEBERG asked if  the division received personnel                                                               
after the passage of the executive order.                                                                                       
                                                                                                                                
MR.  URION answered  that there  are nine  positions, with  three                                                               
vacancies.  He expressed the need for more staff.                                                                               
                                                                                                                                
REPRESENTATIVE  ROKEBERG said  that this  was all  being done  by                                                               
executive order  and that basically this  was a name change.   He                                                               
asked  if, by  doing  this, [the  legislature]  is ratifying  the                                                               
governor's executive order.                                                                                                     
                                                                                                                                
MR. URION  stated that this  is a "one  stop business shop".   He                                                               
highlighted  the new  departmental  website, where  one can  take                                                               
care of many business-related tasks.                                                                                            
                                                                                                                                
REPRESENTATIVE ROKEBERG reported that  this was an administrative                                                               
order and not  an executive order, and  therefore the legislature                                                               
had no opportunity to accept or reject the change.                                                                              
                                                                                                                                
3:49:24 PM                                                                                                                    
                                                                                                                                
CHAIR ANDERSON closed public testimony.                                                                                         
                                                                                                                                
REPRESENTATIVE  ROKEBERG  moved to  report  CSSB  52(L&C) out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.    There  being no  objection,  CSSB  52(L&C)  was                                                               
reported from the House Labor and Commerce Standing Committee.                                                                  
                                                                                                                                

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