Legislature(2005 - 2006)HOUSE FINANCE 519

04/07/2005 01:30 PM FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
= HB 123 OCCUPATIONS: FEES & EXTENSION OF BOARDS
Heard & Held
+ HB 136 DRUNK DRIVING TREATMENT PROGRAM TELECONFERENCED
Moved Out of Committee
Bills Previously Heard/Scheduled
+= HB 83 SEISMIC HAZARDS SAFETY COMMISSION TELECONFERENCED
Moved CSHB 83(FIN) Out of Committee
= HB 149 SALE OF METHAMPHETAMINE AND PRECURSORS
Moved CSHB 149(FIN) Out of Committee
                  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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