Legislature(2001 - 2002)

04/08/2002 01:52 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                  HOUSE FINANCE COMMITTEE                                                                                       
                       April 08, 2002                                                                                           
                          1:52 PM                                                                                               
                                                                                                                                
TAPE HFC 02 - 76, Side A                                                                                                        
TAPE HFC 02 - 76, Side B                                                                                                        
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Williams called the House  Finance Committee meeting                                                                   
to order at 1:52 PM.                                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Bill Williams, Co-Chair                                                                                          
Representative Con Bunde, Vice-Chair                                                                                            
Representative John Davies                                                                                                      
Representative Richard Foster                                                                                                   
Representative John Harris                                                                                                      
Representative Bill Hudson                                                                                                      
Representative Carl Moses                                                                                                       
Representative Jim Whitaker                                                                                                     
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Eldon Mulder, Co-Chair                                                                                           
Representative Eric Croft                                                                                                       
Representative Ken Lancaster                                                                                                    
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Randy  Ruaro,  Staff,  Representative  Williams;  Greg  Roth,                                                                   
Alaska  Juvenile Corrections  Officers  Association,  Juneau;                                                                   
Guy  Bell, Director,  Division  of Retirement  and  Benefits,                                                                   
Department  of  Administration;  George Buhite,  Division  of                                                                   
Juvenile Justice,  Department of Health and  Social Services;                                                                   
Robert Buttcane, Division of Juvenile  Justice, Department of                                                                   
Health  and  Social  Services;  Kristi  Helgen,  Division  of                                                                   
Juvenile Justice,  Department of Health and  Social Services;                                                                   
Jason  Wilson, Division  of Juvenile  Justice, Department  of                                                                   
Health  and  Social Services;  Katie  Sullivan,  Division  of                                                                   
Juvenile Justice,  Department of Health and  Social Services;                                                                   
Sharron O'Dell,  Staff, Representative Kohring;  Mary Siroky,                                                                   
Legislative    Liaisons,    Department    of    Environmental                                                                   
Conservation;  Catherine   Reardon,  Director,   Division  of                                                                   
Occupational Licensing, Department  of Community and Economic                                                                   
Development.                                                                                                                    
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Danielle  Mercer, Youth  Counselor,  Ketchikan; Grant  Klotz,                                                                   
Youth  Counselor,  Anchorage;  A.  David  Woodward,  Juvenile                                                                   
Probation  Officer,  Petersburg;  Jeff  Martin,  Matsu;  Andy                                                                   
Koplezenski, Matsu.                                                                                                             
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
HB 248    "An  Act relating to  retirement contributions  and                                                                   
          benefits  under  the public  employees'  retirement                                                                   
          system of certain juvenile  detention employees and                                                                   
          juvenile correctional institution employees."                                                                         
                                                                                                                                
          HB 248 was heard and HELD in Committee for further                                                                    
          consideration.                                                                                                        
                                                                                                                                
HB 443    "An  Act  retroactively extending  the  application                                                                   
          and licensing deadlines  and amending the effective                                                                   
          date of  certain provisions relating  to regulation                                                                   
          of  persons who  practice  tattooing and  permanent                                                                   
          cosmetic coloring  or body piercing;  and providing                                                                   
          for an effective date."                                                                                               
                                                                                                                                
          CSHB 443 (L&C) was REPORTED out of Committee with                                                                     
          a  "do  pass" recommendation  and  with  previously                                                                   
          published fiscal note: #1 (DEC).                                                                                      
HOUSE BILL NO. 248                                                                                                            
                                                                                                                                
     "An  Act   relating  to  retirement   contributions  and                                                                   
     benefits under  the public employees'  retirement system                                                                   
     of  certain juvenile  detention  employees and  juvenile                                                                   
     correctional institution employees."                                                                                       
                                                                                                                                
RANDY  RUARO, STAFF,  REPRESENTATIVE  WILLIAMS, testified  in                                                                   
support  of  the  legislation.  House Bill  248  would  bring                                                                   
residential   youth  counselors   into   the  20-year   state                                                                   
retirement system.  Alaska law  presently provides  a 30-year                                                                   
state  retirement  system  for   most  employees.  A  20-year                                                                   
retirement  system is in  place for  peace officers  and fire                                                                   
fighters.  The definition  of "peace  officer" now  includes:                                                                   
adult  corrections officers,  adult  probation officers,  and                                                                   
juvenile probation  officers. "Residential  youth counselors"                                                                   
are not presently included.                                                                                                     
                                                                                                                                
Mr. Ruaro  explained that  residential youth counselors  work                                                                   
with minors in  a correctional institution. They  perform job                                                                   
duties  ranging  from  acting  as  a  correctional  guard  to                                                                   
guidance and educational counseling  for incarcerated minors.                                                                   
The goal  of the residential youth  counselor is to  keep the                                                                   
public safe and rehabilitate the minors.                                                                                        
                                                                                                                                
Mr.  Ruaro summarized  that residential  youth counselors  is                                                                   
the only group of the four that  work with adults or juvenile                                                                   
criminal offenders  in either  an institutional  or probation                                                                   
setting that are presently not  getting a 20 year retirement.                                                                   
Adult corrections,  adult probation,  and juvenile  probation                                                                   
employees  are  on  20-year  retirements.  Residential  youth                                                                   
counselors  have been  left out  and HB 248  seeks to  remedy                                                                   
this  inequity   by  adding  them  to  the   state's  20-year                                                                   
retirement system.                                                                                                              
                                                                                                                                
In  response to  a question  by Vice-Chair  Bunde, Mr.  Ruaro                                                                   
noted that 248 persons would be affected.                                                                                       
                                                                                                                                
GUY  BELL, DIRECTOR,  DIVISION  OF RETIREMENT  AND  BENEFITS,                                                                   
DEPARTMENT OF  ADMINISTRATION, spoke  to the fiscal  note. He                                                                   
observed that  the legislation would allow  juvenile officers                                                                   
to convert from 30 and out to  20 and out retirement systems.                                                                   
Those currently employed, as juvenile  correctional officers,                                                                   
would be  allowed to claim  the time  that they served  as 20                                                                   
and  out service.  The bill  allows an  enhanced benefit  and                                                                   
would  have a  fiscal impact.  In claiming  the service,  the                                                                   
employee  is required  to make  up the  difference between  a                                                                   
general employee  and a peace  officer: 6.75 percent  and 7.5                                                                   
percent. Employees  would only  cover a  portion of  the full                                                                   
cost.  The  full cost  is  significantly  greater.  Actuarial                                                                   
consults  based on  all 248  employees  estimated that  there                                                                   
would be  a net present cost  of $7.2 million  dollars, which                                                                   
would  be  amortized  at  an annual  cost  of  $896  thousand                                                                   
dollars.  This is  .14 percent  of the  state's payroll.  The                                                                   
rate would  be charged  on total  salaries and spread  across                                                                   
all state employees.  The money is not appropriated  from the                                                                   
legislature  to the  Department of  Administration; the  cost                                                                   
would be appropriated from the line item of each agency.                                                                        
                                                                                                                                
Representative  Hudson  questioned  if  any of  the  affected                                                                   
employees are in the municipal  system. Mr. Bell noted that a                                                                   
juvenile  officer  is  defined  as a  youth  counselor,  unit                                                                   
leader or superintendent in a  juvenile detention or juvenile                                                                   
correctional  facility.  He  did   not  know  if  there  were                                                                   
municipal employees  in that category. He explained  that the                                                                   
cost estimate was based solely on state employees.                                                                              
                                                                                                                                
Vice-Chair  Bunde   noted  that   Alaska  has  a   two-tiered                                                                   
retirement system. Mr. Bell clarified  that there is a three-                                                                   
tier employee  system. He reiterated  that the total  cost is                                                                   
$7.2  million  dollars.  The annual  cost  is  $896  thousand                                                                   
dollars. Vice-Chair  Bunde questioned what the  cost would be                                                                   
if the  legislation only  applied to  newly hired  employees.                                                                   
Mr. Bell  acknowledged  that the  cost would  be less if  the                                                                   
legislation only  applied to  current employees  but observed                                                                   
that there  would be a  tier of new  employees with  a higher                                                                   
level of benefits.                                                                                                              
                                                                                                                                
In  response to  a  question by  Vice-Chair  Bunde, Mr.  Bell                                                                   
explained that the  cost is shared between the  state and the                                                                   
employee.  General  employees  pay  6.75  percent  and  peace                                                                   
officers pay 7.5  percent. The cost is closer  to 17 percent.                                                                   
The employer covers the difference.  The state currently pays                                                                   
6.75 to  7 percent  for general  employees, due to  surpluses                                                                   
that have  been built in as  part of the investment  returns.                                                                   
The  employer rate  fluctuates  and has  been as  high as  14                                                                   
percent. The  employee rate is  fixed. He did not  think that                                                                   
the state's portion would be significantly lower.                                                                               
                                                                                                                                
GREG ROTH, ALASKA JUVENILE CORRECTIONS  OFFICERS ASSOCIATION,                                                                   
JUNEAU  testified in  support  of the  legislation. He  noted                                                                   
that he  represents 240  youth counselors,  unit leaders  and                                                                   
superintendents  that  staff Alaska's  juvenile  correctional                                                                   
facilities throughout  the state.  He observed that  12 years                                                                   
ago  the Alaska  Juvenile Correctional  Officers  Association                                                                   
was formed for  the express purpose of  promoting legislation                                                                   
that  would bring  parody to  the youth  counselor job  class                                                                   
with  similar  job  classes.   There  have  been  five  bills                                                                   
introduced  over  the ensuing  years  to address  the  parody                                                                   
issue. In 1991,  SB 32 passed both the House and  Senate by a                                                                   
wide majority.  He observed that the Governors  office vetoed                                                                   
SB 32 at the end of that session.                                                                                               
                                                                                                                                
Mr. Roth  emphasized that  youth counselors  provide  the 24-                                                                   
hour  locked correctional  care  and custody  related to  the                                                                   
incarceration  of   people  against  their  will   and  every                                                                   
conceivable  duty  that  entails.  In  the  course  of  their                                                                   
duties,   counselors   have  been   hit,   kicked,   stabbed,                                                                   
threatened,  spit  on,  taken  hostage,  splashed  with  body                                                                   
fluids.  Staffs are the  targets in  escape attempts  whether                                                                   
planned within or without the  facility. Buildings where they                                                                   
work have  been shot at and  bombed. "We have had  gangs form                                                                   
groups  and posture  right outside  our  buildings. We  house                                                                   
offenders  have  committed murders,  rape,  assaults,  arson,                                                                   
robbery, all forms of property  crimes as well crimes against                                                                   
our  citizens." Youth  counselors  safely  house and  provide                                                                   
services to  all who  enter regardless  of how heinous  their                                                                   
offense. Each day,  24 hours a day, youth  counselors respond                                                                   
to the  needs of these juvenile  offenders while  keeping the                                                                   
public  safe, which  is  at times  a dangerous  and  daunting                                                                   
task.                                                                                                                           
                                                                                                                                
Mr. Roth  explained that  each offender  is held  accountable                                                                   
for  his  or  her  conduct.  Counselors   provide  swift  and                                                                   
consistent  consequences for crimes  committed by  juveniles.                                                                   
They facilitate  and teach  researched based, skill  building                                                                   
programs  designed  to prevent  repeated  criminal  behavior.                                                                   
They also  work with offenders  to restore the  community and                                                                   
victims from  past juvenile crime  and to protect  the public                                                                   
and protect citizens from future juvenile crime                                                                                 
                                                                                                                                
Mr. Roth noted that:                                                                                                            
                                                                                                                                
     Each  day  in  the  performance   of  our  duties  youth                                                                   
     counselors are involved in  a "chain of custody." Minors                                                                   
     are brought  to the youth facilities, handcuffed  and in                                                                   
     the back of  a police cars. They have  been arrested for                                                                   
     a crime and  brought to us by the armed  officers. Often                                                                   
     times they  arrive agitated, angry,  assaultive, violent                                                                   
     or  intoxicated. In  the admissions  office transfer  of                                                                   
     custody  is given  from that  armed officer  to a  youth                                                                   
     counselor. The  police are given weapons,  shields, body                                                                   
     armor,  chemical  deterrents,  in  order  to  deal  with                                                                   
     violent  offenders  and  are  covered  under  a  20-year                                                                   
     retirement  system.  Youth   counselors  rely  on  their                                                                   
     training, their personal  presence and skills in forming                                                                   
     relationships  with residents  to  gain the  cooperation                                                                   
     necessary to conduct their duties.                                                                                         
                                                                                                                                
     Some minors are arrested  by Juvenile Probation Officers                                                                   
     in  our   own  Division   and  brought  to   the  locked                                                                   
     facilities.   These  Juvenile  Probation   Officers  are                                                                   
     covered under  a 20-year retirement system.  Often times                                                                   
     Youth Counselors  are asked  to assist in  these arrests                                                                   
     in public buildings.                                                                                                       
                                                                                                                                
     Some of our offenders are  charged with very serious and                                                                   
     violent  crimes,  and  may   spend  30,  60,90  days  in                                                                   
     Juvenile  facilities   pending  transfer  to   an  adult                                                                   
     facility.   These   same    dangerous   residents   when                                                                   
     transferred become  adult inmates and are  supervised by                                                                   
     Correctional   Officers  covered   with  20-year   peace                                                                   
     officer retirement  until that happens  Youth Counselors                                                                   
     have  provided safe  custody and  public protection  for                                                                   
     these offenders.                                                                                                           
                                                                                                                                
Mr. Roth  noted that there is  an exchange of the  custody of                                                                   
minors  between   youth  counselors  and   judicial  services                                                                   
officers in  the court buildings. Judicial  services officers                                                                   
are covered under 20-year retirement.  In addition to custody                                                                   
transfer issues,  some of youth stay in the  facilities until                                                                   
age twenty  and by  law are adults.  Youth counselors  handle                                                                   
these adult offenders  every day in the performance  of their                                                                   
duties.                                                                                                                         
                                                                                                                                
Mr.  Roth pointed  out  that as  mandated  by statute,  youth                                                                   
counselors make  independent arrests in the  community in the                                                                   
pursuit of  juveniles who have  absconded from a  facility, a                                                                   
court hearing  or who have  escaped from a necessary  medical                                                                   
or  service transport.  Solid  training  and excellent  skill                                                                   
development  is needed  in handling  resistive clients.  Peak                                                                   
mental and  physical condition  is necessary and  critical to                                                                   
safely  carry  out  these  duties.  He  stressed  that  youth                                                                   
counselors are  passionate about  their jobs; they  strive to                                                                   
positively impact  youth and are  willing to put  their lives                                                                   
at risk  daily in  order to carry  out their custody  duties,                                                                   
rehabilitative duties and protection of the public.                                                                             
                                                                                                                                
In response to a question by Representative  Hudson, Mr. Roth                                                                   
observed  that youth  counselors  handle juveniles  13 to  18                                                                   
years old. They are not armed or authorized to carry arms.                                                                      
                                                                                                                                
GEORGE BUHITE,  DIVISION OF  JUVENILE JUSTICE, DEPARTMENT  OF                                                                   
HEALTH  AND  SOCIAL  SERVICES  testified in  support  of  the                                                                   
legislation.  He noted  that he  started his  job as a  youth                                                                   
counselor.  He emphasized the  danger of  the work.  The work                                                                   
can  be difficult,  dangerous  and physically  demanding.  He                                                                   
emphasized that these three characteristics  have lead to the                                                                   
granting   of   20-year   retirement    criteria   in   other                                                                   
occupations, such as in the military  or law enforcement. The                                                                   
average age coming into the job  is 35 years old, which makes                                                                   
it difficult to  keep up with a struggling  juvenile at their                                                                   
later  years. He  maintained  that the  option  to leave  the                                                                   
system  after 20  years is  desirable for  both employer  and                                                                   
employee.  It  is  increasingly   difficult  to  attract  and                                                                   
maintain quality  candidates. Alaska salaries  have decreased                                                                   
compared to the private sector.                                                                                                 
                                                                                                                                
Vice-Chair Bunde  questioned if there are  currently unfilled                                                                   
positions. Mr.  Buhite noted that the  vacancy rate is  5 - 8                                                                   
percent  in larger  facilities. Smaller  facilities can  have                                                                   
higher vacancies.                                                                                                               
                                                                                                                                
Vice-Chair Bunde acknowledged  the difficulty of the work. He                                                                   
questioned if  the Governor would  sign the legislation.  Mr.                                                                   
Buhite  stated  that he  had  indications  that it  would  be                                                                   
signed.                                                                                                                         
                                                                                                                                
ROBERT BUTTCANE, DIVISION OF JUVENILE  JUSTICE, DEPARTMENT OF                                                                   
HEALTH   AND  SOCIAL   SERVICES   clarified  that   municipal                                                                   
employees would  not be covered.  There is no  comparable job                                                                   
class in the municipal structure.                                                                                               
                                                                                                                                
DANIELLE MERCER,  YOUTH COUNSELOR,  KETCHIKAN, testified  via                                                                   
teleconference  in support  of  the legislation.  She is  the                                                                   
unit leader at the new Ketchikan  regional youth facility and                                                                   
worked  at  McLaughlin  Youth  Center  for  nine  years.  She                                                                   
stressed   that  there   is  emotional   and  mental   strain                                                                   
associated with working with this  population, in addition to                                                                   
the physical  risks. Counselors see  offenders for up  to two                                                                   
years for court ordered treatment.  Counselors often face the                                                                   
possibility  of being  the  object of  a  verbal or  physical                                                                   
attack.  She  noted  that  her  home  and  family  have  been                                                                   
threatened. She  has been kicked, scratched,  punched and was                                                                   
stabbed with  a long,  sharpened pencil.  She noted  that she                                                                   
has seen people who have found  it painful and frightening to                                                                   
return to work. The juvenile population  is highly emotional,                                                                   
unpredictable  and is  possibly  in the  middle  of the  most                                                                   
violent period of their lives.                                                                                                  
                                                                                                                                
Ms. Mercer  explained that  as a unit  leader, she  has found                                                                   
herself  spending  a  great  deal   of  time  discussing  the                                                                   
inherent risks of  the job. She felt that it  would be easier                                                                   
to  recruit  and  retain  qualified  staff  members  if  they                                                                   
received  the same  retirement benefits  package received  by                                                                   
peace officers.                                                                                                                 
                                                                                                                                
GRANT  KLOTZ,  YOUTH  COUNSELOR,   ANCHORAGE,  testified  via                                                                   
teleconference  in support  of the  legislation. He  observed                                                                   
that residents  are primarily 16  - 19 year old  males. These                                                                   
are not little  boys but often  175 - 250 pound, 6  foot tall                                                                   
men. He maintained that the immaturity  of juvenile offenders                                                                   
results in impulsive  behaviors. He observed  that during his                                                                   
21 and  a half years at  McLaughlin youth center,  staff have                                                                   
been strangled, stabbed, bitten,  punched, kicked, scratched,                                                                   
spit  on, had  feces  thrown on  them  and  almost daily  are                                                                   
subjected to verbal harassment.  Furthermore, on one occasion                                                                   
a  drive  by  shooting  occurred  with  one  of  the  bullets                                                                   
striking a window  on the detention unit at  McLaughlin Youth                                                                   
Center.                                                                                                                         
                                                                                                                                
Mr. Grant observed  that his brother, Bob Klotz,  worked as a                                                                   
youth counselor for  many years and is now  medically retired                                                                   
due to  a resident assault that  took place while  working on                                                                   
the Closed Treatment Unit at McLaughlin  Youth Center. Due to                                                                   
this injury  he is limited to  lifting 20 pounds or  less. He                                                                   
has chronic pain in his back and  is unable to do many things                                                                 
that he was once able to do.                                                                                                    
                                                                                                                                
Mr. Grant  maintained that youth  counselors do the  same job                                                                   
as the adult corrections staff  and are subjected to the same                                                                   
stress and deserve their same benefits.                                                                                         
                                                                                                                                
A. DAVID  WOODWARD, JUVENILE  PROBATION OFFICER,  PETERSBURG,                                                                   
testified via  teleconference in support of  the legislation.                                                                   
He noted that one of his co-workers  was assaulted and became                                                                   
unable to work.                                                                                                                 
                                                                                                                                
HB  248  was   heard  and  HELD  in  Committee   for  further                                                                   
consideration.                                                                                                                  
HOUSE BILL NO. 443                                                                                                            
                                                                                                                                
     "An  Act  retroactively extending  the  application  and                                                                   
     licensing deadlines  and amending the effective  date of                                                                   
     certain  provisions relating  to  regulation of  persons                                                                   
     who practice  tattooing and permanent  cosmetic coloring                                                                   
     or body piercing; and providing  for an effective date."                                                                   
                                                                                                                                
REPRESENTATIVE VIC KOHRING, SPONSOR,  testified in support of                                                                   
the legislation.  He observed that  he had been  contacted by                                                                   
businesses  that had  trouble  meeting application  deadlines                                                                   
and  would  likely  go  out  of  business  without  statutory                                                                   
modification.  In  2000,  the  Legislature passed  SB  34  to                                                                   
address  health and safety  concerns by  bringing tattoo  and                                                                   
body  piercing   practitioners   under  the  regulation   and                                                                   
licensing requirement  of AS 08.13, which deals  with Barbers                                                                   
and Hairdressers.  The legislation established  qualification                                                                   
and   training    requirements   for   license    applicants,                                                                   
regulations for shop licenses,  and sets application deadline                                                                   
and initial  licensing dates.  The legislation addressed  the                                                                   
application deadline.                                                                                                           
                                                                                                                                
Representative   Kohring   noted   that  because   the   2000                                                                   
legislation contained  a date deadline, it did  not allow the                                                                   
department  any  mechanism  for  a  grace  period  or  appeal                                                                   
process  for  an  applicant  that   missed  the  new  license                                                                   
application deadline.  The application is for  a transitional                                                                   
license.  The  transitional  license   would  be  granted  to                                                                   
existing  practitioners  to  allow them  to  keep  practicing                                                                   
under the  new license and regulation  law. The intent  is to                                                                   
give   qualified  parishioners   that   missed  the   initial                                                                   
application   deadline  the  opportunity   to  apply   for  a                                                                   
transitional  deadline. The intent  is not  to change  any of                                                                   
the qualifications or regulations established by SB 34                                                                          
                                                                                                                                
Representative Kohring would change  the application deadline                                                                   
[from July  1, 2001,  to October 1,  2002] and the  licensing                                                                   
requirement date.  He observed that the Board  of Barbers and                                                                   
Hairdressers   passed  a   resolution  in   support  of   the                                                                   
legislation.                                                                                                                    
                                                                                                                                
Vice-Chair  Bunde  questioned  how many  times  the  deadline                                                                   
would need to be extended.                                                                                                      
                                                                                                                                
SHARRON  O'DELL,  STAFF,  REPRESENTATIVE  KOHRING,  explained                                                                   
that the original  deadline was July 2, 2001.  The department                                                                   
created  their mailing  list from catch  phrases in  existing                                                                   
business license, such as permanent  coloring. There are some                                                                   
businesses that do  not have such verbiage in  their licenses                                                                   
and  were not  notified of  the deadline.  She observed  that                                                                   
they have a list of thirteen that did not receive notice.                                                                       
                                                                                                                                
Representative  Hudson asked if  the legislation  changes any                                                                   
of the  regulatory standards.  Ms. O'Dell  clarified  that no                                                                   
qualifications  would  be changed.  All  of the  requirements                                                                   
were established in the previous  legislation. She reiterated                                                                   
that notifications  were  made. Some  of the businesses  were                                                                   
not easily recognized  for notification, since it  is a brand                                                                   
new license.  She noted  that 13  practitioners were  missed.                                                                   
Representative  Hudson   questioned  the  need   for  a  $3.3                                                                   
thousand dollar fiscal note.                                                                                                    
                                                                                                                                
Representative John  Davies observed that one  of the persons                                                                   
appointed  to  the board  failed  to license  themselves.  He                                                                   
questioned why the date needed to be changed.                                                                                   
                                                                                                                                
Ms. O'Dell  clarified that section  2 pertain to  the license                                                                   
requirement.  A  license  cannot  be required  prior  to  the                                                                   
application  deadline.  The later  deadline  would allow  the                                                                   
division    time   to   process    applications   and    send                                                                   
notifications,  test new applicants  and allow applicants  to                                                                   
pass the  test. She noted  that licenses are  currently being                                                                   
issued.                                                                                                                         
                                                                                                                                
Representative John Davies questioned  why the requirement to                                                                   
have a license to be on the board needed to be changed.                                                                         
                                                                                                                                
MARY    SIROKY,   LEGISLATIVE    LIAISONS,   DEPARTMENT    OF                                                                   
ENVIRONMENTAL   CONSERVATION,   spoke  in   support  of   the                                                                   
legislation.  She noted  regulations  for sanitary  standards                                                                   
have been drafted  and have gone through the  public process.                                                                   
Under the  legislation, the  regulations would be  re-noticed                                                                   
and put through another public process.                                                                                         
                                                                                                                                
TAPE HFC 02 - 76, Side B                                                                                                      
                                                                                                                                
Ms. Siroky observed  that public notices were  published in 9                                                                   
newspapers; the  division sent out 2,500 letters.  The fiscal                                                                   
note  would  provide  funding  for  public  notice  in  three                                                                   
newspapers.                                                                                                                     
                                                                                                                                
CATHERINE   REARDON,  DIRECTOR,   DIVISION  OF   OCCUPATIONAL                                                                   
LICENSING, DEPARTMENT OF COMMUNITY  AND ECONOMIC DEVELOPMENT,                                                                   
provided information  on the  legislation. She observed  that                                                                   
the   Board  of   Barbers   and  Hairdressers   support   the                                                                   
legislation. The  legislation moves forward  several sections                                                                   
of the  law from July  1, to December  1, 2002. There  is one                                                                   
board  member  that  has  applied for  his  license  and  she                                                                   
anticipates that he will obtain  his license prior to July 1,                                                                   
2002. She explained  that grandfather provisions  would allow                                                                   
practitioners  who had  practiced in  the last  44 months  to                                                                   
forego   the  one-year   apprenticeship   under  a   licensed                                                                   
practitioner.  The initial practitioners  would only  have to                                                                   
pass  the test.  A number  of  persons that  have missed  the                                                                   
deadline  would  be  required   to  meet  the  apprenticeship                                                                   
requirement if  the deadline  is not extended.  Approximately                                                                   
eight persons have received licenses.                                                                                           
                                                                                                                                
In  response to  a  question  by Representative  Davies,  Ms.                                                                   
Reardon noted that  the board member applicant  would have to                                                                   
pass the test before  a license would be issued.  She did not                                                                   
think the provision in the legislation  would be harmful, but                                                                   
noted that it could be taken out if there were concerns.                                                                        
                                                                                                                                
JEFF MARTIN,  MATSU, testified via teleconference  in support                                                                   
of  the  legislation.  He  did  not  know  of  the  licensing                                                                   
requirement  until  a  month  after  the  deadline.  He  felt                                                                   
confident that everyone in the  industry was now aware of the                                                                   
legislation.  He began his  business in  April 2001,  but has                                                                   
been tattooing for 15 years.                                                                                                    
                                                                                                                                
ANDY  KOPLEZENSKI,  MATSU  testified  via  teleconference  in                                                                   
support. He has been in the industry for 20 years.                                                                              
                                                                                                                                
Representative Foster  MOVED to report CSHB 443  (L&C) out of                                                                   
Committee with  the accompanying fiscal note.  There being NO                                                                   
OBJECTION, it was so ordered.                                                                                                   
                                                                                                                                
CSHB 443 (L&C) was REPORTED out of Committee with a "do                                                                         
pass" recommendation and with previously published fiscal                                                                       
note: #1 (DEC).                                                                                                                 
ADJOURNMENT                                                                                                                   
                                                                                                                                
The meeting was adjourned at 2:51 PM                                                                                            

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