Legislature(2005 - 2006)HOUSE FINANCE 519
04/07/2005 01:30 PM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB83 | |
| HB149 | |
| HB136 | |
| HB123 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| = | HB 123 | ||
| + | HB 136 | TELECONFERENCED | |
| += | HB 83 | TELECONFERENCED | |
| = | HB 149 | ||
HOUSE FINANCE COMMITTEE
April 7, 2005
1:48 p.m.
CALL TO ORDER
Co-Chair Meyer called the House Finance Committee meeting to
order at 1:48:59 PM.
MEMBERS PRESENT
Representative Mike Chenault, Co-Chair
Representative Kevin Meyer, Co-Chair
Representative Bill Stoltze, Vice-Chair
Representative Eric Croft
Representative Richard Foster
Representative Mike Hawker
Representative Jim Holm
Representative Mike Kelly
Representative Carl Moses
Representative Bruce Weyhrauch
MEMBERS ABSENT
Representative Reggie Joule
ALSO PRESENT
Suzanne Cunningham, Staff, Representative Meyer;
Representative Jay Ramras; Josh Applebee, Staff,
Representative Tom Anderson; Rick Urion, Director
Occupational Licensing, Department of Community and Economic
Development; Representative Norm Rokeberg; Heather Nobrega,
Staff, Representative Norm Rokeberg; Representative
Gabrielle LeDoux; Nico Bus, Acting Director, Division of
Administrative Services, Department of Natural Resources;
Wendy Hamilton, Therapeutic Court Coordinator, NCADD; Pat
Davidson, Legislative Auditor, Legislative Audit Division;
John Walsh, Lobbyist, Alaska Psychological Association,
Juneau; Caren Robinson, Lobbyist, Alaska Women's Lobby
PRESENT VIA TELECONFERENCE
Judge James Wannamaker, Alaska Center for Therapeutic
Courts, Anchorage; Barry Christensen, Alaska Pharmacy
Association, Anchorage; Dr. Robert Lane, Alaska
Psychological Association, Anchorage; Cindy Buehler, Chair,
Alaska State Board of Pharmacy, Anchorage
SUMMARY
HB 149 "An Act relating to further regulation of the
sale, possession, and delivery of certain
chemicals and precursors used in the manufacture
of methamphetamine."
CSHB 149 (FIN) was REPORTED out of Committee with
a "do pass" recommendation and with the following
fiscal impact notes: zero note #1 by the Alaska
Court System, zero note #2 by the Department of
Law, indeterminate note #3 by the Department of
Administration, indeterminate note #4 by the
Department of Corrections.
HB 83 "An Act relating to the Alaska Seismic Hazards
Safety Commission."
CSHB 83 (FIN) was REPORTED out of Committee with a
"do pass" recommendation and with a new
indeterminate fiscal impact note by Military and
Veterans Affairs, and with a zero fiscal impact
note #2 by Department of Natural Resources.
HB 136 "An Act restricting the authority of a court to
suspend execution of a sentence or grant probation
in prosecutions for driving while under the
influence and prosecutions for refusal to submit
to a chemical test; and allowing a court to
suspend up to 75 percent of the minimum fines
required for driving while under the influence and
for refusal to submit to a chemical test if the
defendant successfully completes a court-ordered
treatment program."
HB 136 was REPORTED out of Committee with a "do
pass" recommendation and with six fiscal impact
notes: zero note # 1 by the Department of
Corrections; zero note #2 by the Alaska Court
System; zero note #3 by the Department of Public
Safety; indeterminate note #4 by the Department of
Administration; indeterminate note #5 by the
Department of Law; indeterminate note #6 by the
Department of Law.
HB 123 "An Act relating to occupational licensing fees
and receipts; extending the termination dates of
the Boards of Barbers and Hairdressers, Social
Work Examiners, Pharmacy, Professional Counselors,
Psychologist and Psychological Associate
Examiners, and Veterinary Examiners; relating to
an exemption that allows one bill to continue more
than one board, commission, or agency program; and
providing for an effective date."
CSHB 123 (L&C) was heard and HELD in Committee for
further consideration.
1:50:12 PM
HOUSE BILL NO. 83
"An Act relating to the Alaska Seismic Hazards Safety
Commission."
SUZANNE CUNNINGHAM, STAFF, REPRESENTATIVE MEYER, introduced
the new CS for HB 83.
Representative Weyhrauch MOVED to ADOPT the work draft to HB
83, labeled 24-LS0372\Y, Bullock, 4/7/05. There being NO
OBJECTION, it was so ordered.
REPRESENTATIVE GABRIELLE LEDOUX, sponsor, noted that she is
comfortable with the changes in the new CS. She reported
that it changes the extension date until 2008, but sunsets
in 2006 if the governor has not yet made an appointment.
Representative Weyhrauch asked why there are three
representatives from local governments. Ms. LeDoux replied
that local governments are important to the process and
would be an asset to this commission.
1:53:24 PM
Co-Chair Meyer related that changes were made in Sections 6,
7, and 8.
Vice-Chair Stoltze asked if it is assumed that the local
government would have some history with seismic occurrences.
Representative LeDoux replied yes and added that she is
comfortable with the language.
Co-Chair Meyer summarized that if the commission were
extended, in 2008 another sunset audit would be done to
evaluate the progress.
Representative Foster moved to report CSHB 83 (FIN) out of
Committee with individual recommendations and the
accompanying fiscal notes. There being NO OBJECTION, it was
so ordered.
CSHB 83 (FIN) was REPORTED out of Committee with a "do pass"
recommendation and with a new indeterminate fiscal impact
note by Military and Veterans Affairs, and with a zero
fiscal impact note #2 by Department of Natural Resources.
1:55:18 PM
At ease.
1:57:14 PM
HOUSE BILL NO. 149
"An Act relating to further regulation of the sale,
possession, and delivery of certain chemicals and
precursors used in the manufacture of methamphetamine."
Vice-Chair Stoltze MOVED to RESCIND the committee's previous
action to adopt HB 149. There being NO OBJECTION, it was so
ordered.
Ms. Cunningham explained that when the bill was taken up
before the committee yesterday, Amendment 1 was adopted. It
involved confidentiality issues regarding customers who
purchase selected ingredients. Legislative Legal determined
that it was not necessary to link the confidentiality issue
to the Public Information Act, AS 40.25.100 - 40.25.220,
because retailers are not a public entity or agency such as
state government, which would be subjected to this law.
Co-Chair Meyer explained that the bill already contains
Amendment 1.
Representative Hawker MOVED to ADOPT Amendment 2:
Page 9, lines 20-22:
Delete all material.
Insert "have access to the log. The log and the
information entered into the log is confidential. The
retailer may not allow access to the log or release
information contained within the log except to the
Department of Public Safety or other law enforcement
officers."
He explained that the amendment makes it clear that an
individual's privacy is protected when they are required to
sign a log when purchasing Sudafed. The information is kept
confidential and the data will not be used inappropriately.
2:01:25 PM
Representative Croft commented about how the Freedom of
Information Act applies when the log is in the possession of
Public Safety. He wondered what is so private about this
record.
Representative Hawker stated that this is a mandate that
protects the person who signs a log, and that makes this
information confidential. He voiced concern about requiring
retailers to keep records without the protection of privacy.
REPRESENTATIVE JAY RAMRAS, sponsor, spoke about the personal
information contained on the Fred Meyer Rewards card. He
concurred with Amendment 2, but noted that he does not want
to lose sight of the intent of the bill.
2:06:03 PM
Representative Hawker referred to Representative Croft's
concern about confidentiality should law enforcement
agencies avail themselves of these records. He agreed that
the problem is taken care of in statute.
There being NO OBJECTION, Amendment 2 was adopted.
2:07:09 PM
Representative Croft MOVED to ADOPT Conceptual Amendment 3:
In Section 11, following subsection (e), insert
language to the following effect:
If a law enforcement agency voluntarily designates
itself as a central repository for the information
collected in (a) or (b) in this section, with the
intention of disseminating the information to other law
enforcement agencies, each wholesaler, manufacturer,
and distributor shall regularly report that information
to the law enforcement agency.
Representative Weyhrauch OBJECTED for discussion purposes.
Representative Croft explored the reasoning behind the
amendment. He questioned how to establish the process of
reporting the information in the logs to law enforcement
agencies.
Co-Chair Meyer asked if the law enforcement agency is
responsible for voluntarily sharing the information.
Representative Ramras referred to page 10 of the bill and
pointed out that this concern is addressed in Section (e).
He noted that there are certain communities that have a more
severe methamphetamine problem and will have an acute
approach; others don't need to gather the information into a
central depository site. He stated opposition to Amendment
3 because it could require one law enforcement agency to
require all others to comply. He maintained that this issue
was adequately addressed in House Judiciary Committee.
Co-Chair Meyer termed it a "local option". Representative
Ramras agreed. For example, Barrow does not have the same
problem that MatSu or North Pole have.
2:12:49 PM
Representative Croft asked what would happen if one
community decides to do this and the neighboring community
does not. Representative Ramras replied that the Department
of Public Safety agrees with this language. He pointed out
that local law enforcement agencies tend to cooperate in
these matters.
Representative Croft WITHDREW Amendment 3.
2:14:22 PM
Representative Kelly inquired if the logbook is actually
going to be used as a deterrent. Representative Ramras
responded that it is a deterrent to these types of
criminals. They will not buy these substances if they know
they have to show identification and sign a log.
Representative Foster MOVED to REPORT CSHB 149 (FIN) out of
Committee with individual recommendations and the
accompanying fiscal notes. There being NO OBJECTION, it was
so ordered.
CSHB 149 (FIN) was REPORTED out of Committee with a "do
pass" recommendation and with the following fiscal impact
notes: zero note #1 by the Alaska Court System, zero note
#2 by the Department of Law, indeterminate note #3 by the
Department of Administration, indeterminate note #4 by the
Department of Corrections.
2:17:58 PM
HOUSE BILL NO. 136
"An Act restricting the authority of a court to suspend
execution of a sentence or grant probation in
prosecutions for driving while under the influence and
prosecutions for refusal to submit to a chemical test;
and allowing a court to suspend up to 75 percent of the
minimum fines required for driving while under the
influence and for refusal to submit to a chemical test
if the defendant successfully completes a court-ordered
treatment program."
REPRESENTATIVE NORM ROKEBERG, sponsor, related the three
main requirements of HB 136, which speaks to the issue of
wellness through therapeutic courts. It requires that the
minimum fines set out by the legislature for driving while
under the influence shall be collected and imposed by the
courts. It allows for therapy courts to be used for felony
DUI offenses. It increases the amount of fines that may be
waived upon successful completion of therapeutic court
programs. He referred to a letter of support from MADD
(copy on file.)
Representative Weyhrauch asked if there is any benefit to
having an amendment to require the person to pay at least
the minimum fine. He asked if they could be made to pay
more than the minimum fine.
HEATHER NOBREGA, STAFF, REPRESENTATIVE NORM ROKEBERG,
replied that it does not prohibit the courts from imposing
more than the minimum fine. The courts often suspend the
amount imposed over the minimum fine. Representative
Weyhrauch suggested adding the words "at least". Ms.
Nobrega opined that the bill is adequate as written.
Representative Weyhrauch asked if it applies both to
previous offenders and first time convictions. Ms. Nobrega
replied yes.
Representative Croft referred to Section 3 and asked what if
they can't get into a treatment program. Representative
Rokeberg requested Judge Wannamaker to answer that question.
2:25:08 PM
Representative Weyhrauch asked if there are certain
conditions that would allow for suspended imposition of DUI
sentences. Representative Rokeberg replied that the
statutes work together regarding offenses and it could be
troublesome.
JUDGE JAMES WANNAMAKER, ALASKA CENTER FOR THERAPEUTIC
COURTS, (via teleconference) endorsed the wellness court
model. In response to Representative Croft's question about
unavailability of therapeutic courts, he responded that
there is no backup at present.
Representative Croft opined that it is unfair if there is no
access to the court. Judge Wannamaker replied that the
answer it to get the roadblocks to the operations of the
courts fixed. Representative Croft decided not to offer
Amendment 1.
2:33:04 PM
Representative Rokeberg noted that the biggest problem is
lack of support for treatment programs by state bureaucracy.
He agreed to work with Representative Croft on this issue.
Representative Hawker noted that at Representative
Rokeberg's request, efforts have been taken to expand these
programs.
Representative Kelly commented on various bureaucratic
problems and said it is widespread.
2:36:01 PM
WENDY HAMILTON, THERAPEUTIC COURT COORDINATOR, JUNEAU, spoke
in favor of HB 136. Juneau is currently planning for a
therapeutic court, which will deal with misdemeanor and
felony DUIs. She related that the bill would increase the
efficacy of the court, extending the incentives from
misdemeanor DUIs to felony DUIs. It would allow a reduction
in fines from 50 percent to 75 percent, and help the Juneau,
Ketchikan, Bethel, and Fairbanks courts run more
efficiently.
2:38:38 PM
Co-Chair Chenault questioned the indeterminate fiscal note
by the Department of Law regarding expense for more trials
for people who can't pay the minimum fines. He asked what
is happening to these people now.
Representative Rokeberg explained that the bill would ask
the courts to collect fines and should increase revenues.
Co-Chair Chenault asked how many more would roll over to the
therapeutic court system. Representative Rokeberg responded
that the number would stay the same but recidivism would be
lessened.
2:43:48 PM
Representative Hawker pointed out that there is a Judiciary
Letter of Intent with the bill.
Representative Foster moved to report HB 136 out of
Committee with individual recommendations and the attached
fiscal notes, and with the attached letter of intent. There
being NO OBJECTION, it was so ordered.
HB 136 was REPORTED out of Committee with a "do pass"
recommendation and with six fiscal impact notes: zero note #
1 by the Department of Corrections; zero note #2 by the
Alaska Court System; zero note #3 by the Department of
Public Safety; indeterminate note #4 by the Department of
Administration; indeterminate note #5 by the Department of
Law; indeterminate note #6 by the Department of Law.
2:45:33 PM
At ease.
2:49:39 PM
HOUSE BILL NO. 123
"An Act relating to occupational licensing fees and
receipts; extending the termination dates of the Boards
of Barbers and Hairdressers, Social Work Examiners,
Pharmacy, Professional Counselors, Psychologist and
Psychological Associate Examiners, and Veterinary
Examiners; relating to an exemption that allows one
bill to continue more than one board, commission, or
agency program; and providing for an effective date."
JOSH APPLEBEE, STAFF, REPRESENTATIVE TOM ANDERSON, sponsor
of HB 123, explained that the bill extends the sunset for
several boards. The dates were extended to meet the
requirements of the legislative audit.
Representative Weyhrauch wondered why the boards are audited
together in this bill. Mr. Applebee replied that it is an
experiment that has turned out not to be as efficient as
originally intended.
2:53:41 PM
Vice-Chair Stoltze asked why it is not efficient. Mr.
Applebee explained that six boards were selected and soon
different interests pulled the bill in different directions.
Vice-Chair Stoltze opined that there could be a tendency to
bog down on multiple sunsets.
RICK URION, DIRECTOR, OCCUPATIONAL LICENSING, DEPARTMENT OF
COMMUNITY AND ECONOMIC DEVELOPMENT, explained sections 1, 2,
3, 4, and 11 of the bill. He explained that what it costs
to regulate a particular profession is what the license cost
is. Fines generated can be used to establish fees for
licensees. The law requires regulation by profession at the
board level. For example if there was a case against a
physician's assistant under existing law, whatever that cost
is would be borne only by physician's assistants. Every
licensed profession supports these amendments.
2:59:26 PM
Vice-Chair Stoltze mentioned that barbers complain about
bearing more costs due to tattoo artists' fines. He
wondered if that is true.
Mr. Urion said no. Vice-Chair Stoltze repeated that it is a
big complaint. Mr. Urion said he could recall no complaints
by the barber board.
3:02:10 PM
ROBERT LANE, ALASKA PSYCHOLOGICAL ASSOCIATION, ANCHORAGE,
(via teleconference) spoke in support of HB 123. He asked
for an amendment that would keep license agreements
reciprocal throughout the nation and Canada.
CINDY BUEHLER, CHAIR, ALASKA STATE BOARD OF PHARMACY,
ANCHORAGE, (via teleconference) voiced support of HB 123.
3:04:37 PM
PAT DAVIDSON, LEGISLATIVE AUDITOR, LEGISLATIVE AUDIT
DIVISION, spoke about audits conducted under the various
boards and the recommendations for extensions. She
elaborated upon each board's requirements.
3:08:03 PM
Representative Weyhrauch referred to Section 11, the fee
extension. Ms. Davidson noted that funds would be moved
into a program receipt form. She observed that the fines and
the penalties vary. She explained that individual boards
vary greatly and gave examples.
3:10:25 PM
Representative Weyhrauch questioned if general fund receipts
would be needed. Ms. Davidson affirmed that they would.
Vice-Chair Stoltze MOVED to ADOPT Amendment 1:
Page 1, line 1
After "receipts;"
Insert "licensing credentials;"
Page 4
After line 21
Insert new section
"* Sec. 11.AS 08.86.150 is amended to read:
AS 08.86.150 License by credentials. A person who
is licensed or certified as a psychologist by a
licensing authority other than the state is entitled to
be licensed in the state without examination of the
person applies on the proper application form, submits
proof of continued competence as required by regulation
of the board, pays the credential review fee, and the
person
(1) holds a doctoral degree with primary emphasis
on psychology that satisfies the requirements of
AS 08.86.130 and the examination and qualification
requirements for the person's out-of-state license
or certificate were essentially similar to or
higher than the examination and qualification
requirements for licensure under this chapter;
[OR]
(2) is a diplomate in good standing of the
American Board of Professional Psychology[.];or
(3) is certified or registered with a
credentialing organization in psychology approved
by the board in regulation, and with requirements
essentially similar to or higher than the
requirements for licensure under this chapter.
Renumber the remaining sections accordingly.
Co-Chair Chenault OBJECTED for the purpose of discussion.
JOHN WALSH, LOBBYIST, ALASKA PSYCHOLOGICAL ASSOCIATION,
JUNEAU, explained that Amendment 1 expands AS 08.86.150,
licensing by credentials, and allows a person who is
certified by the American Board of Professional Psychology
to be licensed, as well as a person who is registered by a
credentialing organization that has been approved by the
board.
3:13:08 PM
Dr. Lane noted that there are two boards that keep track of
credentials for purpose of certification. There are 26
states that have passed similar legislation. There are
another 18 states in the works on similar legislation. He
stressed that the amendment would allow Alaska to keep up
with national trends.
Co-Chair Chenault WITHDREW his OBJECTION.
Mr. Walsh noted that the board would still be required to
make regulations.
There being NO OBJECTION, Amendment 1 was adopted.
3:16:30 PM.
Representative Weyhrauch MOVED to ADOPT Amendment 2:
Page 1, line 5, following "program;":
Insert "providing that pharmacists are to be considered
health care providers in all instances in the Alaska
Statutes in which that term or its definition does not
already contain an explicit reference to pharmacists;"
Page 4, following line 21:
Insert a new bill section to read:
"* Sec. 11. AS 08.80 is amended by adding a new
section to read:
Sec. 08.80.015. Pharmacists as health care
providers. In all instances in the Alaska Statutes in
which the term "health care provider" or the definition
of the term "health care provider" does not contain an
explicit reference to pharmacist, the term "health care
provider" shall be considered to refer to or include a
pharmacist."
Renumber the following bill sections accordingly.
Representative Hawker OBJECTED for the purpose of
discussion.
Vice-Chair Stoltze stated asked for additional information
regarding costs.
BARRY CHRISTENSEN, ALASKA PHARMACY ASSOCIATION, ANCHORAGE,
(via teleconference) testified in support of the
legislation. He noted that the amendment would recognize
pharmacists as health care providers in Alaska for Medicaid
purposes. The amendment would not change the scope of their
practice. He maintained that there would be no increase in
fiscal responsibility to pharmacists.
3:20:59 PM
In response to a question by Co-Chair Chenault, Mr.
Christensen acknowledged that the amendment would allow them
to bill health care providers, but emphasized that it would
not require them to pay.
Co-Chair Chenault expressed concern that the amendment could
result in a rather larger fiscal note.
Vice-Chair Stoltze asked if the amendment would open the
door for pharmacists to prescribe medications.
3:23:56 PM
Mr. Christensen noted that the legislation would not expand
the scope of practice. Vice-Chair Stoltze observed that
simple issues can be expanded through the courts. He
stressed that it is a major policy issue.
CAREN ROBINSON, LOBBYIST, explained that the intent is to
add the provider status language to the definition section.
She maintained that would be an appropriate amendment. She
referred to HB 95, a public health bill passed earlier this
week, which defined health care providers. She also
referred to HB 85, which allows young people to be able to
carry aspirators in schools, and which also defined health
care providers. She stated that there is no attempt to
expand practice or service.
3:28:30 PM
Representative Croft noted that it did not change the scope
of the practice for pharmacists.
Representative Hawker stated that he would not support the
amendment because it would affect all sections of the bill
and there has not been sufficient testimony on the fiscal
note. He stressed that the legislation was intended as a
board renewal.
3:30:33 PM
Representative Kelly suggested a narrowing of the amendment.
Ms. Robinson referred to the definition of pharmacist. She
stated that the intent was to simply amend the definitions
system by adding, "and who is thereby recognized as a health
care provider by the state."
Representative Weyhrauch acknowledged problems with the
amendment's drafting. He WITHDREW Amendment 2.
ADJOURNMENT
The meeting was adjourned at 3:34 PM
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