Legislature(1995 - 1996)
05/07/1995 12:40 PM Senate FIN
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* first hearing in first committee of referral
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CS FOR HOUSE BILL NO. 233(FIN) am
An Act extending the termination date of the Board of
Clinical Social Work Examiners, Board of Marine Pilots,
Board of Marital and Family Therapy, State Medical
Board, Board of Nursing, Board of Psychologist and
Psychological Associate Examiners, Real Estate
Commission, Special Education Service Agency,
Correctional Industries Commission, and Hazardous
Substance Spill Technology Review Council; and
providing for an effective date.
Co-chairman Halford directed that CSHB 233 (Fin)am be
brought on for discussion and advised that it would extend
some entities beyond the traditional four-year term prior to
sunset review and reenactment or elimination. Some entities
are recommended for ten-year extension or exemption from
sunset altogether. He then voiced his recommendation that
extensions be reduced, saying that he did not intend to
extend beyond the four years established in sunset law.
Senator Rieger spoke to an increasing number of problems
resulting from restrictive statutory licensing requirements
that prohibit qualified individuals from practicing in their
fields. As an example, he noted that the licensing board
for physical therapists has resisted efforts to "open that
up" even when state hearing officers concluded that an
individual who applied was totally qualified but technically
ineligible because of statutory wording. Concern has been
raised regarding whether "our whole occupational licensing
statutes are really properly crafted." The Senator
referenced a recent newspaper article focusing on the state
medical board as a further example. He then voiced
discomfort with extension of existing boards in light of
need for overall review. He acknowledged need for board
certification to protect the public but questioned economic
manipulation by boards. In his closing remarks, he
referenced a recent exchange with a constituent who was
denied licensing by the board governing acupuncture and
suggested that individuals are prevented from earning a
livelihood as a result of lack of overall statutory review
by the legislature.
Co-chairman Halford observed that Secs. 1 through 8 relate
to occupational licensing. Proposed extensions range from
2003 to 2005. Noting that all of the impacted boards have
an additional wind-down year following the actual sunset
date, he suggested that extensions be changed to 1996. The
Co-chairman next referenced extension of the correctional
industries program, set forth in Sec. 10, and acknowledged
that it is unique in that it does not enjoy a wind-down
period. It would thus cease as of July 1, 1995.
Referencing Sec. 9 extension of the hazardous substance
spill technology review council, Co-chairman Frank advised
that funding for the council was removed from the operating
budget because of impending sunset.
Senator Zharoff acknowledged concern regarding extension of
sunset boards beyond five years but noted that dates within
the bill were recommended by Legislative Audit. He then
suggested that the length of recommended extensions be cut
in half. Senator Rieger recalled that the Legislative Audit
report questioned need for legislation every four years for
boards that are always extended when brought forward for
sunset review. The recommendation for those boards was
review every ten years. The Senator reiterated growing
legislative sensitivity concerning economic regulation
powers exerted by boards. He cited recent debate associated
with the board of marine pilots as an example. Co-chairman
Halford agreed that creation of a regulatory body gives
control to the executive branch. It then becomes difficult
or impossible to effect amendments until sunset, if those
amendments are opposed by the executive branch.
Senator Sharp MOVED to change sunset dates in Secs. 1, 3, 4,
5, 6, 7, and 8 to 1996, and to change the date in Sec. 10 to
1997. He advised that Secs. 2 and 9 were removed from the
motion since the board of marine pilots (Sec. 2) was
recently considered and funding for the council in Sec. 9
may have been removed from the budget. Senator Randy
Phillips OBJECTED. Co-chairman Halford called for a show of
hands. The motion CARRIED on a vote of 4 to 2, and the
AMENDMENT was ADOPTED.
Co-chairman Halford voiced his understanding that Sec. 2
extension of the Board of Marine Pilots to 1999 is
consistent with legislation recently passed by committee.
Senator Rieger questioned whether the committee would want
to extend the board for that long should the legislation not
pass both bodies. Voicing his belief that earlier
legislation would supercede HB 233, Senator Rieger MOVED to
change the extension date in Sec. 2 to 1996. Co-chairman
Halford remarked that enactment of legislation would depend
upon the order in which it is signed by the governor.
OBJECTION to the motion was raised. Co-chairman Halford
called for a show of hands. The motion CARRIED on a vote of
5 to 1, and the AMENDMENT was ADOPTED.
Co-chairman Halford noted that Sec. 11 would no longer be
necessary since it contains an exemption from sunset law.
As a result of amendments adopted by committee, no boards
would extended beyond the statutory four-year sunset
provision. Senator Phillips subsequently noted need to
retain the last sentence of Sec. 11 and remove the word
"also" therefrom. No objection to deletion of the first
portion of Sec. 11 or retention of the last sentence
following removal of the word "also" having been raised, the
bill was so AMENDED.
JERRY McCUNE, representing the Prince William Sound Science
Center, came before committee to speak to Sec. 9. He
explained that the hazardous substance spill technology
review council is in its wind-down year. A number of
projects are underway, and approximately $1.7 million in
funding from "criminal money" remains for distribution to
projects statewide. In order to finish its work, the
council requested an extension of one year. The oil spill
recovery institute will then take over federal moneys.
Council operations will be derived from the $1.7 million. A
total of 63 proposed projects have been narrowed to 15.
Decisions will have to be made as to which ones will receive
funding and which will not. In response to questions from
Senator Rieger, Mr. McCune advised that the 15 projects
would utilize the $1.7 million. In some cases, projects
will be contracted while the council will merely make
contractual recommendations on others.
Co-chairman Frank asked if extension of an entire year was
necessary. Mr. McCune responded affirmatively, advising
that the council only meets four or five times a year. He
attested to difficulties associated with getting all parties
together.
End: SFC-95, #65, Side 1
Begin: SFC-95, #65, Side 2
Co-chairman Frank MOVED that the Sec. 9 extension date for
the commission be changed from June 30, 1995, to December
31, 1994. In light of the additional wind-down year
associated with sunset, the amendment would extend the
council for half a year. No objection having been raised,
the AMENDMENT was ADOPTED.
Senator Rieger MOVED for passage of SCS CSHB 233 (Fin).
Senator Zharoff OBJECTED. Co-chairman Halford called for a
show of hands. The motion FAILED on a vote of 3 to 3, and
SCS CSHB 233 (Fin) was held in committee.
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