Legislature(2001 - 2002)
02/19/2001 01:45 PM House FIN
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE FINANCE COMMITTEE
February 19, 2001
1:45 P.M.
TAPE HFC 01 - 31, Side A
CALL TO ORDER
Co-Chair Williams called the House Finance Committee meeting
to order at 1:45 P.M.
MEMBERS PRESENT
Representative Eldon Mulder, Co-Chair
Representative Bill Williams, Co-Chair
Representative Con Bunde, Vice-Chair
Representative Eric Croft
Representative John Davies
Representative Bill Hudson
Representative Ken Lancaster
Representative Jim Whitaker
MEMBERS ABSENT
Representative Carl Moses
Representative Richard Foster
Representative John Harris
ALSO PRESENT
Heather Brakes, Staff, Senator Gene Therriault; Pat
Davidson, Legislative Auditor, Legislative Audit Division;
Catherine Reardon, Director, Division of Occupational
Licensing, Department of Community & Economic Development.
PRESENT VIA TELECONFERENCE
Karen Grafton, Alaska Physical Therapy Association,
Anchorage.
SUMMARY
SB 9 An Act extending the termination date of the State
Board of Registration for Architects, Engineers,
and Land Surveyors.
CSSB 9 (L&C) was reported out of Committee with a
"do pass" recommendation and with a new House
Finance Committee fiscal note and a House Finance
Committee Letter of Intent.
SB 52 An Act extending the termination date of the State
Physical Therapy and Occupational Therapy Board.
CSSB 52(FIN) was reported out of Committee with a
"do pass" recommendation and with a new fiscal
note by the House Finance Committee.
SENATE BILL NO. 9
An Act extending the termination date of the State
Board of Registration for Architects, Engineers, and
Land Surveyors.
Co-Chair Williams explained that the bill had been held over
due to requests from some design council members. He
indicated the issues:
· The audit recommended that the Legislature amend the
statute to require individuals licensed by the Board
to obtain continuing education. The design council
and the Board support the continuing education
requirements, however, they want them to be
voluntary, not mandated.
· The audit also recommended that the statute be
changed so that it would be consistent with the
regulation to eliminate possible legal challenges.
He noted that item caused the controversy.
Co-Chair Williams stated that the problem is that there
currently are fifteen people who cannot get licensed in
Alaska. Some members of the community have been requesting
that the Board evaluate their years of experience as a
substitute for the additional year of educational training.
The Board was unwilling to do that and changed the
regulations to strengthen the requirement that only a five-
year degree would be accepted. When the regulation was
changed, the Department of Law and Legislative Audit
Division felt that the statute should mirror the regulation
in order to minimize the possibility of a legal challenge.
Co-Chair Williams noted that the Board had promised:
· To look into the continued education requirement,
and
· To look for a solution for those people that are
currently unable to get licensure.
Co-Chair Williams recommended amending the bill and changing
the sunset from 2005 to 2002 or 2003. He indicated that
should give the Board time to look at these two issues and
then make a resolution by the time their new sunset date is
up.
He advised that a complication could exist with any attempt
to add a "fix" to the bill because the title is crafted very
"tightly". There is no room to place any other issues into
the bill without a title change resolution. He added that
Legislative Audit suggests that another audit would take
extra time. Co-Chair Williams wanted the bill to move with
an accompanying "Letter of Intent".
HEATHER BRAKES, STAFF, SENATOR GENE THERRIAULT, commented in
response to the ideas proposed by Co-Chair Williams. She
stated that either shortening the sunset date or adopting a
Letter of Intent would be acceptable.
Representative Davies inquired about the lawsuits that had
been filed against the licensure requirement. He asked if
the present statute places the State in a position to be
involved in future lawsuits.
Co-Chair Williams replied that the State would be at risk
for future lawsuits if the regulations continue to read that
five-years are required. The Board is currently addressing
that concern. He added that there could be lawsuits posed
from the fifteen people who have not received their
licensure. The Board is working on a stipulation that would
allow those people to count their past work experience as a
schooling credit.
PAT DAVIDSON, LEGISLATIVE AUDITOR, LEGISLATIVE AUDIT
DIVISION, understood that current statute requires a certain
certification for the national entity to make an education
difference. There was a lawsuit; the Court upheld the
Board's decision, which established precedence. Ms.
Davidson knew of only one lawsuit, however, acknowledged
that the potential for further lawsuits was out there.
Representative Davies asked if that lawsuit would test the
fundamental issue of the statute requirement. Ms. Davidson
stated she did not know. Currently, the Court has upheld
what the Board was attempting to do in that situation.
Representative Lancaster asked if it the bill left open the
question of continuing education.
Ms. Davidson stated that the bill, as it currently exists,
would only extend the date. Therefore, the Board would make
the determination of whether continuing professional
education should be a statutory responsibility. She noted
that would not preclude the board from coming back in a
couple years to address the idea through legislation. She
reiterated that as the bill currently exists, there is no
statutory mandate for instituting continuing education.
Vice-Chair Bunde stated that if the bill was passed in its
current form, then a Letter of Intent should accompany it so
as to encourage the Board that in two years, they report
back regarding their progress in addressing the problem. He
asked if that was a fair assessment.
Ms. Davidson agreed it was a fair assessment. She added
that shortening the date would add work. A Letter of Intent
would specifically ask the Board to define the
recommendations before bringing it before the Committee's
attention. She commented that the audit process would not
be precluded; however instead, there would not be an
automatic "trigger".
Vice-Chair Bunde MOVED to report CSSB 9 (L&C) out of
Committee with individual recommendations and with an
accompanying Letter of Intent with the fiscal note. He
recommended working with Ms. Davidson to draft that letter.
Representative Croft voiced a conflict of interest noting
that his wife is an architect. He commented that it was the
genuine intention for that Board to determine what a
credible level of experience would be for that service. He
asked what the Letter of Intent should stipulate.
Co-Chair Williams noted that there were two recommendations
made by the Board and that the Board agreed to address the
continuing education issue and at the same time agreed that
they would commit to the requirement concern. He understood
that the education issue would be more difficult.
Representative Whitaker asked clarification about the issue
of continuing education and/or the five-year certification
concern. He asked if the Board, through the Letter of
Intent, planned to make a determination in how to deal with
these concerns by 2005.
Co-Chair Williams explained that the Board would address the
continuing education concerns, and that they would need more
time to settle the education issue.
Representative Whitaker pointed out that the legislation
would be giving the Board four and a half years to deal with
the issue.
Co-Chair Williams proposed that a Letter of Intent be
drafted which would provide for a one-year time period to
come to consensus.
Vice-Chair Bunde reminded members that currently, there are
fifteen people that cannot get work because of the wording.
He recommended resolving the issue more quickly.
Representative Davies noted that the Board has been "slow"
to address this concern over the last several years. He
questioned what the Letter of Intent would stipulate.
Representative J. Davies suggested that the bill needed
something a "little stronger" than a Letter of Intent. He
added that the date should be left at 2005, while drafting a
strong Letter of Intent.
Representative Hudson agreed with Vice-Chair Bunde that the
bill should be passed with a simple extension, adding a
Letter of Intent that would direct the Board to present to
th
the Legislature, no later than February 15, 2001,
recommended changes as indicated by the audit.
Co-Chair Williams stated that the title was too "tight" to
change the bill. He reiterated that a Letter of Intent
could address the needed changes. He asked how long the
statute had been in place.
Ms. Davidson did not know, adding that she did not know when
the lawsuit had been filed.
Co-Chair Williams reiterated his intent to have a Letter of
Intent drafted.
CATHERINE REARDON, DIRECTOR, DIVISION OF OCCUPATIONAL
LICENSING, DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT,
questioned if it was intended that the Board find a way to
license people who have less than a 5-year degree. She
asked specifics on how to explain the Letter of Intent to
the members of the Board.
Co-Chair Williams commented that the Legislature should not
tell the Board how to do accomplish the intent but rather
have them come up with a solution for those fifteen people
in waiting. From that time forward, all candidates would
need to have the five-year education degree.
Ms. Reardon advised that the licensing Board would be
meeting Friday with a suggested regulation change.
Representative Lancaster asked if the Board would be
requiring some kind of continuing education.
Ms. Reardon explained that would be a separate topic. She
commented that she was not aware if the Board had the
authority to mandate education by regulation. She proposed
that the Board could "flush out" what a continuing education
regime might look like. She believed that it would take a
statute change to impose the requirement.
In response to Representative Lancaster, Ms. Reardon
clarified that the five-year education degree and the
continuing education topic were entirely separate. She
emphasized that the Board does not see them related at all.
Representative Hudson MOVED to report CSSB 9 (L&C) out of
Committee with individual recommendations and with the
attached House Finance Committee Letter of Intent and the
new fiscal note. He noted that the Letter of Intent should
be crafted with assistance from Ms. Davidson to reflect the
recommended changes as indicated in the audit. Those
changes should be presented to the Legislature no later than
th
Feb 15, 2002.
Representative Davies OBJECTED for a question.
Representative Davies asked specifically what the audit had
requested. Representative Hudson read the findings and
recommendation of the audit.
· The Legislature should consider revising statutes
requiring continuing education for architects,
engineers, and land surveyors.
· The Legislature should consider revising the
structure of the State Board of Registration for
Architects, Engineers and Land Surveyors.
· In order to improve statutory clarity, the
Legislature should consider amending the Board's
statutes related to licensure of architects by
comity.
Representative Davies commented that he would prefer a
Letter of Intent rather than just offering suggestions to
the Board in relationship to the audit concerns. He stated
that if that were the understanding, he would remove his
objection.
Vice-Chair Bunde maintained that the third issue was the one
of greatest concern. He believed that the other concerns
could be worked out through the Board.
Ms. Davidson noted that the report recommends a statutory
amendment that would make the statute line up with current
Board policy. She advised that there is no statutory
authority to require continuing education.
There being NO further OBJECTION, the bill was reported out
of Committee.
CSSB 9 (L&C) was reported out of Committee with a "do pass"
recommendation and with a new House Finance Committee fiscal
note and a House Finance Committee Letter of Intent.
SENATE BILL NO. 52
An Act extending the termination date of the State
Physical Therapy and Occupational Therapy Board.
HEATHER BRAKES, STAFF, SENATOR GENE THERRIAULT stated that
under AS 08.84.010, the State Physical Therapy and
Occupational Therapy Board regulates the professions of
physical therapists, physical therapy assistants,
occupational therapists and occupational therapy assistants
and the practice of physical therapy and the practice of
occupational therapy by ensuring that the requirements laid
out for licensure are met and adhered to.
Ms. Brakes noted that the Board consists of seven members
appointed by the Governor having the qualifications as
established in AS 08.84.010. Board membership is prescribed
by statute as having one physician, three physical
therapists or two physical therapists and a physical therapy
assistant, two occupational therapists or an occupational
therapist and occupational therapists, assistant, and one
lay person with no direct financial interest in the health
care industry.
The State Physical Therapy and Occupational Therapy Board is
set to expire June 30, 2001, under AS 08.03.010©(1). If the
Legislature does not act to extend the Board, it would have
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one year, until June 30, 2002, to administratively conclude
its affairs. Senate Bill 52 would extend the Board for
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another six years to June 30, 2007.
KARIN GRAFTON, (TESTIFIED VIA TELECONFERENCE), ALASKA
PHYSICAL THERAPY BOARD, ANCHORAGE, testified in support of
the legislation. She offered to answer any questions of the
Committee.
Representative Hudson MOVED to report CSSB 52 (FIN)am (C.a
version) out of Committee with individual recommendations
and with the accompanying new fiscal note. There being NO
OBJECTION, it was so ordered.
CSSB 52(FIN) am was reported out of Committee with a "do
pass" recommendation and with a new fiscal note by the House
Finance Committee.
ADJOURNMENT
The meeting was adjourned at 2:27 P.M.
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