Legislature(2001 - 2002)

05/09/2002 01:55 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                  HOUSE FINANCE COMMITTEE                                                                                       
                        May 09, 2002                                                                                            
                          1:55 PM                                                                                               
                                                                                                                                
TAPE HFC 02 - 107, Side A                                                                                                       
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Williams called the House Finance Committee meeting                                                                    
to order at 1:55 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 Ken Lancaster                                                                                                    
Representative Jim Whitaker                                                                                                     
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Eldon Mulder, Co-Chair                                                                                           
Representative Eric Croft                                                                                                       
Representative Carl Moses                                                                                                       
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Heather   Brakes,  Staff,   Legislative   Budget  and   Audit                                                                   
Committee;  Pat Davidson, Director,  Division of  Legislative                                                                   
Audit;  Yuri Morgan,  Staff,  Senator Wilken;  Kevin  Brooks,                                                                   
Director, Division of Administrative  Services, Department of                                                                   
Fish and Game.                                                                                                                  
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
There were no teleconference testifiers.                                                                                        
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
CSSB 270(L&C)                                                                                                                   
          "An  Act  extending  the termination  date  of  the                                                                   
          Board  of  Dispensing  Opticians; relating  to  the                                                                   
          regulation  of dispensing opticians;  and providing                                                                   
          for an effective date."                                                                                               
                                                                                                                                
          HCS  CSSB 270(FIN)  was REPORTED  out of  Committee                                                                   
          with  a "do  pass" recommendation  and  with a  new                                                                   
          fiscal impact  note by the Department  of Community                                                                   
          and Economic Development.                                                                                             
                                                                                                                                
CSSB 279(FIN)                                                                                                                   
          "An  Act authorizing the  commissioner of  fish and                                                                   
          game to issue complimentary  sport fishing licenses                                                                   
          and tags  to September 11 emergency  responders and                                                                   
          their  spouses;  and  providing  for  an  effective                                                                   
          date."                                                                                                                
                                                                                                                                
          CSSB 279(FIN) was REPORTED out of Committee with a                                                                    
          "do pass" recommendation and with previously                                                                          
          published fiscal note: #1 CED.                                                                                        
CS FOR SENATE BILL NO. 270(L&C)                                                                                               
     "An Act extending  the termination date of  the Board of                                                                   
     Dispensing  Opticians;  relating  to the  regulation  of                                                                   
     dispensing  opticians; and  providing  for an  effective                                                                   
     date."                                                                                                                     
                                                                                                                                
HEATHER   BRAKES,  STAFF,   LEGISLATIVE   BUDGET  AND   AUDIT                                                                   
COMMITTEE  testified  in  support  of  the  legislation.  She                                                                   
observed that  the legislation  addresses concerns  regarding                                                                   
the Board of Dispensing Opticians  that were brought to light                                                                   
by a Legislative Budget and Audit  Committee audit. Licensing                                                                   
requirements  were changed  to allow  easier access  into the                                                                   
profession.   The   legislation   reduces   the   number   of                                                                   
apprenticeship training  hours, adds requirements  for a home                                                                   
study  educational  course, removes  a  subjective  practical                                                                   
exam that  had been  a concern  of auditors  for a  number of                                                                   
years,  and  adds  the  passage  of  a  national  exam  as  a                                                                   
requirement.   Under the  legislation a person  who is  not a                                                                   
licensed   dispensing   optician   may  assist   a   licensed                                                                   
physician,  optometrist,  or   dispensing  optician  and  may                                                                   
perform dispensing  optician tasks  that have been  delegated                                                                   
by,  and performed  under the  supervision  of, the  licensed                                                                   
physician,   optometrist,  or   dispensing  optician.   These                                                                   
persons would  not be licensed  to work  on their own,  or be                                                                   
forced  out  of  employment.   Currently  they  can  only  be                                                                   
employed for six years before  they are forced into licensure                                                                   
or out of their  employment. The Board would  be extended for                                                                   
two years. The legislation also  addresses concerns regarding                                                                   
the  Board's  fiscal  deficit.  Boards  and  Commissions  are                                                                   
supposed  to  be self-sufficient.  The  Board  of  Dispensing                                                                   
Opticians is  approximately $28 thousand dollars  in deficit,                                                                   
which  continues to  grow  by about  $14  thousand dollars  a                                                                   
year.  The Division  of Legislative  Audit  would review  the                                                                   
deficit issue  at the  next sunset review.  She did  not know                                                                   
why   the  Board   was  collecting   insufficient   revenues.                                                                   
Representative Bunde  expressed concern that the  Board would                                                                   
not be self-sufficient for another three years.                                                                                 
                                                                                                                                
Representative  Harris asked  why hours  were decreased.  Ms.                                                                   
Brakes observed  that it was a  concern of the  auditors. The                                                                   
amount  of  apprenticeship  hours  was  a  barrier  into  the                                                                   
profession. Hours were reduced,  but educational requirements                                                                   
were increased.  There  was not statutory  authority  to make                                                                   
the change through regulation.                                                                                                  
                                                                                                                                
Representative   John  Davies   observed  that  the   federal                                                                   
government  requires 3,000 apprenticeship  hours. Ms.  Brakes                                                                   
responded  that   27  states   do  not  regulate   dispensing                                                                   
opticians. The other 21 states  have voluntary programs. Some                                                                   
have   a  6,000-hour   requirement   without  the   education                                                                   
requirement. She  noted that the  current provisions  are not                                                                   
working.                                                                                                                        
                                                                                                                                
Representative John Davies referred  to page 4. He noted that                                                                   
"direct" was deleted  on line 16. Ms. Brakes  stated that she                                                                   
would not object to reinstating the word "direct".                                                                              
                                                                                                                                
Vice-Chair  Bunde expressed  concern  that the  Board is  not                                                                   
fulfilling the  statutory requirement [to be  fee supported.]                                                                   
He  questioned  if  there  was   discussion  of  an  one-year                                                                   
extension  to allow  fees to  come  in line  with costs.  Ms.                                                                   
Brakes  clarified that  discussions  included  repeal of  the                                                                   
Board  and  retaining  licensure.   The  abolishment  of  the                                                                   
practical  examine would  eliminate the  need for the  Board,                                                                   
since it's  primary function is  to administer the  exam. The                                                                   
costs should  be reduced  with the  elimination of  the exam.                                                                   
Representative Bunde  reiterated the need to  cover costs and                                                                   
suggested  that  a  one-year   extension  would  be  a  clear                                                                   
statement of  legislative intent.  Ms. Brakes responded  that                                                                   
the sponsor would not object to a one-year extension.                                                                           
                                                                                                                                
Representative  John  Davies  MOVED  to  ADOPT  Amendment  1:                                                                   
insert  "direct"   on  page  4,   lines  16  and   19  before                                                                   
"supervision".                                                                                                                  
                                                                                                                                
PAT  DAVIDSON,  DIRECTOR,  DIVISION   OF  LEGISLATIVE  AUDIT,                                                                   
provided information on the proposed  amendment. She observed                                                                   
that the  word "direct" has  been a concern of  optometrists,                                                                   
opticians and ophthalmologists.  The word "direct" has led to                                                                   
the  interpretation  that  a supervisor  must  be  physically                                                                   
present. The intent was to move  away from the word "direct."                                                                   
                                                                                                                                
Representative John  Davies noted that the intent  was not to                                                                   
indicate  that  the supervisor  needed  to be  present  every                                                                   
single hour, but emphasized that  they would be taking direct                                                                   
responsibility for the person.                                                                                                  
                                                                                                                                
Vice-Chair  Bunde stated  that  he would  not be  comfortable                                                                   
with  "mail-order" supervision.  He  questioned if  "regular"                                                                   
supervision would be preferable.                                                                                                
                                                                                                                                
Ms. Davidson  noted that under regulation  direct supervision                                                                   
would  indicate that  the  supervisor is  physically  present                                                                   
while  dispensing optician  tasks  are being  performed.  She                                                                   
observed  that  "regular"  did  not carry  a  definition  [in                                                                   
statute]   but  that   the  Board  could   define  it   under                                                                   
regulation.                                                                                                                     
                                                                                                                                
Representative John Davies WITHDREW his amendment.                                                                              
                                                                                                                                
Representative  Davies  MOVED to  ADOPT  Amendment 2:  insert                                                                   
"regular" where appropriate before "supervision".                                                                               
                                                                                                                                
Ms.  Davidson provided  the  definition  of supervision:  (4)                                                                   
"supervision"  means the provision  of any needed  direction,                                                                   
control, consultation, instruction,  evaluation, and personal                                                                   
inspection of work being performed.                                                                                             
                                                                                                                                
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
Vice-Chair Bunde MOVED  to ADOPT Amendment 3 on  page 1, line                                                                   
14: delete "2004" and insert "2003".                                                                                            
                                                                                                                                
Ms  Davidson agreed  that the  Board should  ensure that  the                                                                   
fees are sufficient,  but pointed out that it is  as much the                                                                   
department's responsibility.                                                                                                    
                                                                                                                                
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
Representative Foster MOVED to  report HCS CSSB 278 (FIN) out                                                                   
of Committee with  the accompanying fiscal note.  There being                                                                   
NO OBJECTION, it was so ordered.                                                                                                
                                                                                                                                
HCS CSSB  270(FIN) was REPORTED  out of Committee with  a "do                                                                   
pass" recommendation  and with  a new  fiscal impact  note by                                                                   
the Department of Community and Economic Development.                                                                           
CS FOR SENATE BILL NO. 279(FIN)                                                                                               
                                                                                                                                
     "An Act  authorizing the  commissioner of fish  and game                                                                   
     to issue  complimentary sport fishing licenses  and tags                                                                   
     to September 11 emergency  responders and their spouses;                                                                   
     and providing for an effective date."                                                                                      
                                                                                                                                
YURI MORGAN, STAFF,  SENATOR WILKEN, testified  in support of                                                                   
the legislation.  He noted  that on  September 11,  2002, the                                                                   
United  States  experienced  terrorist   attacks  within  its                                                                   
borders. The legislation says  thanks to the first responders                                                                   
                  th                                                                                                            
of  September   11   terrorist   attacks.  Senate   Bill  279                                                                   
authorizes the Commissioner  of Fish and Game to  issue up to                                                                   
250 complimentary sport fishing  licenses and salmon tags, as                                                                   
appropriate,  per  year  to firemen,  police,  and  emergency                                                                   
medical  technicians (EMT)  who  responded to  the events  on                                                                   
September 11, 2001 at the World  Trade Center in New York and                                                                   
the Pentagon in  Washington D.C. The intent is  not to impose                                                                   
any  administrative  difficulties   on  the  department.  The                                                                   
legislation   would  limit  the   provisions  to   the  first                                                                   
responders from September to November.                                                                                          
                                                                                                                                
Representative  Bunde questioned  how the  licenses would  be                                                                   
administered. Mr. Morgan noted  that they would not come from                                                                   
the  vendors. The  department  would draft  a  letter to  the                                                                   
appropriate entities in the surrounding  areas and allow them                                                                   
to distribute notice and verify requests.                                                                                       
                                                                                                                                
Representative  Hudson questioned  if  the legislation  would                                                                   
apply to  firemen that  that responded  to the disaster  from                                                                   
areas outside of New York. Mr.  Morgan responded that letters                                                                   
could be sent to neighboring areas such as Philadelphia.                                                                        
                                                                                                                                
Vice-Chair Bunde  suggested that those that  responded to the                                                                   
Pentagon disaster  and the crash  site in Pennsylvania  would                                                                   
be  included.  Mr.  Morgan  acknowledged   that  many  people                                                                   
responded, but  emphasized that the  intent was to  limit the                                                                   
work of the department.                                                                                                         
                                                                                                                                
Vice-Chair Bunde  questioned if  the legislation  would cause                                                                   
problems for the department.                                                                                                    
                                                                                                                                
KEVIN BROOKS, DIRECTOR, DIVISION  OF ADMINISTRATIVE SERVICES,                                                                   
DEPARTMENT  OF  FISH  AND  GAME,  provided  information.  The                                                                   
department has  worked with the  sponsor to narrow  the scope                                                                   
of the  legislation. The information  would be given  to fire                                                                   
commissioners   in  New  York,   Pennsylvania,  New   Jersey,                                                                   
Washington  D.C., Virginia  and  Maryland. There  would be  a                                                                   
verification  process  and  the license  would  be  processed                                                                   
through the  mail. There would  be no impact to  vendors. The                                                                   
department  is  comfortable  that   they  can  implement  the                                                                   
legislation.                                                                                                                    
                                                                                                                                
Representative   Hudson  expressed   his   intent  that   the                                                                   
Pennsylvania  crash site  also be included.  Members  and the                                                                   
sponsor's representative agreed with the intent.                                                                                
                                                                                                                                
Mr. Brooks observed that Pennsylvania  would be contacted and                                                                   
that the  department would have  the authority to  extend the                                                                   
exemption to those  that responded to the  Pennsylvania crash                                                                   
site.                                                                                                                           
                                                                                                                                
Representative Foster  MOVED to report CSSB 279  (FIN) out of                                                                   
Committee with the accompanying fiscal note                                                                                     
                                                                                                                                
CSSB 279(FIN) was REPORTED out  of Committee with a "do pass"                                                                   
recommendation and with previously  published fiscal note: #1                                                                   
CED.                                                                                                                            
ADJOURNMENT                                                                                                                   
                                                                                                                                
The meeting was adjourned at 2:27 PM                                                                                            
                                                                                                                                

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