Legislature(2001 - 2002)
05/09/2002 01:55 PM House FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE FINANCE COMMITTEE
May 09, 2002
1:55 PM
TAPE HFC 02 - 107, Side A
CALL TO ORDER
Co-Chair Williams called the House Finance Committee meeting
to order at 1:55 PM.
MEMBERS PRESENT
Representative Bill Williams, Co-Chair
Representative Con Bunde, Vice-Chair
Representative John Davies
Representative Richard Foster
Representative John Harris
Representative Bill Hudson
Representative Ken Lancaster
Representative Jim Whitaker
MEMBERS ABSENT
Representative Eldon Mulder, Co-Chair
Representative Eric Croft
Representative Carl Moses
ALSO PRESENT
Heather Brakes, Staff, Legislative Budget and Audit
Committee; Pat Davidson, Director, Division of Legislative
Audit; Yuri Morgan, Staff, Senator Wilken; Kevin Brooks,
Director, Division of Administrative Services, Department of
Fish and Game.
PRESENT VIA TELECONFERENCE
There were no teleconference testifiers.
SUMMARY
CSSB 270(L&C)
"An Act extending the termination date of the
Board of Dispensing Opticians; relating to the
regulation of dispensing opticians; and providing
for an effective date."
HCS CSSB 270(FIN) was REPORTED out of Committee
with a "do pass" recommendation and with a new
fiscal impact note by the Department of Community
and Economic Development.
CSSB 279(FIN)
"An Act authorizing the commissioner of fish and
game to issue complimentary sport fishing licenses
and tags to September 11 emergency responders and
their spouses; and providing for an effective
date."
CSSB 279(FIN) was REPORTED out of Committee with a
"do pass" recommendation and with previously
published fiscal note: #1 CED.
CS FOR SENATE BILL NO. 270(L&C)
"An Act extending the termination date of the Board of
Dispensing Opticians; relating to the regulation of
dispensing opticians; and providing for an effective
date."
HEATHER BRAKES, STAFF, LEGISLATIVE BUDGET AND AUDIT
COMMITTEE testified in support of the legislation. She
observed that the legislation addresses concerns regarding
the Board of Dispensing Opticians that were brought to light
by a Legislative Budget and Audit Committee audit. Licensing
requirements were changed to allow easier access into the
profession. The legislation reduces the number of
apprenticeship training hours, adds requirements for a home
study educational course, removes a subjective practical
exam that had been a concern of auditors for a number of
years, and adds the passage of a national exam as a
requirement. Under the legislation a person who is not a
licensed dispensing optician may assist a licensed
physician, optometrist, or dispensing optician and may
perform dispensing optician tasks that have been delegated
by, and performed under the supervision of, the licensed
physician, optometrist, or dispensing optician. These
persons would not be licensed to work on their own, or be
forced out of employment. Currently they can only be
employed for six years before they are forced into licensure
or out of their employment. The Board would be extended for
two years. The legislation also addresses concerns regarding
the Board's fiscal deficit. Boards and Commissions are
supposed to be self-sufficient. The Board of Dispensing
Opticians is approximately $28 thousand dollars in deficit,
which continues to grow by about $14 thousand dollars a
year. The Division of Legislative Audit would review the
deficit issue at the next sunset review. She did not know
why the Board was collecting insufficient revenues.
Representative Bunde expressed concern that the Board would
not be self-sufficient for another three years.
Representative Harris asked why hours were decreased. Ms.
Brakes observed that it was a concern of the auditors. The
amount of apprenticeship hours was a barrier into the
profession. Hours were reduced, but educational requirements
were increased. There was not statutory authority to make
the change through regulation.
Representative John Davies observed that the federal
government requires 3,000 apprenticeship hours. Ms. Brakes
responded that 27 states do not regulate dispensing
opticians. The other 21 states have voluntary programs. Some
have a 6,000-hour requirement without the education
requirement. She noted that the current provisions are not
working.
Representative John Davies referred to page 4. He noted that
"direct" was deleted on line 16. Ms. Brakes stated that she
would not object to reinstating the word "direct".
Vice-Chair Bunde expressed concern that the Board is not
fulfilling the statutory requirement [to be fee supported.]
He questioned if there was discussion of an one-year
extension to allow fees to come in line with costs. Ms.
Brakes clarified that discussions included repeal of the
Board and retaining licensure. The abolishment of the
practical examine would eliminate the need for the Board,
since it's primary function is to administer the exam. The
costs should be reduced with the elimination of the exam.
Representative Bunde reiterated the need to cover costs and
suggested that a one-year extension would be a clear
statement of legislative intent. Ms. Brakes responded that
the sponsor would not object to a one-year extension.
Representative John Davies MOVED to ADOPT Amendment 1:
insert "direct" on page 4, lines 16 and 19 before
"supervision".
PAT DAVIDSON, DIRECTOR, DIVISION OF LEGISLATIVE AUDIT,
provided information on the proposed amendment. She observed
that the word "direct" has been a concern of optometrists,
opticians and ophthalmologists. The word "direct" has led to
the interpretation that a supervisor must be physically
present. The intent was to move away from the word "direct."
Representative John Davies noted that the intent was not to
indicate that the supervisor needed to be present every
single hour, but emphasized that they would be taking direct
responsibility for the person.
Vice-Chair Bunde stated that he would not be comfortable
with "mail-order" supervision. He questioned if "regular"
supervision would be preferable.
Ms. Davidson noted that under regulation direct supervision
would indicate that the supervisor is physically present
while dispensing optician tasks are being performed. She
observed that "regular" did not carry a definition [in
statute] but that the Board could define it under
regulation.
Representative John Davies WITHDREW his amendment.
Representative Davies MOVED to ADOPT Amendment 2: insert
"regular" where appropriate before "supervision".
Ms. Davidson provided the definition of supervision: (4)
"supervision" means the provision of any needed direction,
control, consultation, instruction, evaluation, and personal
inspection of work being performed.
There being NO OBJECTION, it was so ordered.
Vice-Chair Bunde MOVED to ADOPT Amendment 3 on page 1, line
14: delete "2004" and insert "2003".
Ms Davidson agreed that the Board should ensure that the
fees are sufficient, but pointed out that it is as much the
department's responsibility.
There being NO OBJECTION, it was so ordered.
Representative Foster MOVED to report HCS CSSB 278 (FIN) out
of Committee with the accompanying fiscal note. There being
NO OBJECTION, it was so ordered.
HCS CSSB 270(FIN) was REPORTED out of Committee with a "do
pass" recommendation and with a new fiscal impact note by
the Department of Community and Economic Development.
CS FOR SENATE BILL NO. 279(FIN)
"An Act authorizing the commissioner of fish and game
to issue complimentary sport fishing licenses and tags
to September 11 emergency responders and their spouses;
and providing for an effective date."
YURI MORGAN, STAFF, SENATOR WILKEN, testified in support of
the legislation. He noted that on September 11, 2002, the
United States experienced terrorist attacks within its
borders. The legislation says thanks to the first responders
th
of September 11 terrorist attacks. Senate Bill 279
authorizes the Commissioner of Fish and Game to issue up to
250 complimentary sport fishing licenses and salmon tags, as
appropriate, per year to firemen, police, and emergency
medical technicians (EMT) who responded to the events on
September 11, 2001 at the World Trade Center in New York and
the Pentagon in Washington D.C. The intent is not to impose
any administrative difficulties on the department. The
legislation would limit the provisions to the first
responders from September to November.
Representative Bunde questioned how the licenses would be
administered. Mr. Morgan noted that they would not come from
the vendors. The department would draft a letter to the
appropriate entities in the surrounding areas and allow them
to distribute notice and verify requests.
Representative Hudson questioned if the legislation would
apply to firemen that that responded to the disaster from
areas outside of New York. Mr. Morgan responded that letters
could be sent to neighboring areas such as Philadelphia.
Vice-Chair Bunde suggested that those that responded to the
Pentagon disaster and the crash site in Pennsylvania would
be included. Mr. Morgan acknowledged that many people
responded, but emphasized that the intent was to limit the
work of the department.
Vice-Chair Bunde questioned if the legislation would cause
problems for the department.
KEVIN BROOKS, DIRECTOR, DIVISION OF ADMINISTRATIVE SERVICES,
DEPARTMENT OF FISH AND GAME, provided information. The
department has worked with the sponsor to narrow the scope
of the legislation. The information would be given to fire
commissioners in New York, Pennsylvania, New Jersey,
Washington D.C., Virginia and Maryland. There would be a
verification process and the license would be processed
through the mail. There would be no impact to vendors. The
department is comfortable that they can implement the
legislation.
Representative Hudson expressed his intent that the
Pennsylvania crash site also be included. Members and the
sponsor's representative agreed with the intent.
Mr. Brooks observed that Pennsylvania would be contacted and
that the department would have the authority to extend the
exemption to those that responded to the Pennsylvania crash
site.
Representative Foster MOVED to report CSSB 279 (FIN) out of
Committee with the accompanying fiscal note
CSSB 279(FIN) was REPORTED out of Committee with a "do pass"
recommendation and with previously published fiscal note: #1
CED.
ADJOURNMENT
The meeting was adjourned at 2:27 PM
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