Legislature(1997 - 1998)

03/05/1997 03:22 PM House L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
          HOUSE LABOR AND COMMERCE STANDING COMMITTEE                          
                         March 5, 1997                                         
                           3:22 p.m.                                           
                                                                               
                                                                               
 MEMBERS PRESENT                                                               
                                                                               
 Representative Norman Rokeberg, Chairman                                      
 Representative John Cowdery                                                   
 Representative Bill Hudson                                                    
 Representative Jerry Sanders                                                  
 Representative Joe Ryan                                                       
 Representative Tom Brice                                                      
                                                                               
 MEMBERS ABSENT                                                                
                                                                               
 Representative Gene Kubina                                                    
                                                                               
 COMMITTEE CALENDAR                                                            
                                                                               
 CONFIRMATION HEARINGS:                                                        
                                                                               
 Alaska State Board of Public Accountancy:                                   
                                                                               
     Linda Thomas - Juneau                                                     
                                                                               
      - CONFIRMATION ADVANCED                                                  
                                                                               
 State Board of Registration for Architects, Engineers and Land               
 Surveyors:                                                                   
                                                                               
      Daphne E. Brown - Anchorage                                              
      Patrick H. Kalen - Fairbanks                                             
      Robert E Miller, Ph.D., P.E. - Anchorage                                 
                                                                               
      - CONFIRMATIONS ADVANCED                                                 
                                                                               
 Board of Barbers and Hairdressers                                           
                                                                               
      Sheryl L. Sutton - Juneau                                                
                                                                               
      - CONFIRMATION ADVANCED                                                  
                                                                               
 Board of Chiropractic Examiners                                             
                                                                               
      LeRoy (Lee) D. Nordstron, D.C. - Anchorage                               
                                                                               
      - CONFIRMATION ADVANCED                                                  
                                                                               
 Board of Clinical Social Work Examiners                                     
                                                                               
      Diane DiSanto - Anchorage                                                
      - CONFIRMATION ADVANCED                                                  
                                                                               
 Board of Dispensing Opticians                                               
                                                                               
      Mary C. Seutter - Wasilla                                                
                                                                               
      - CONFIRMATION ADVANCED                                                  
                                                                               
 Alaska Labor Relations Agency                                               
                                                                               
      Robert A. Doyle - Palmer                                                 
      Blair Schad - Fairbanks                                                  
                                                                               
      - CONFIRMATIONS ADVANCED                                                 
                                                                               
 Board of Marine Pilots                                                      
                                                                               
      Bernie Smith - Anchorage                                                 
                                                                               
      - CONFIRMATION ADVANCED                                                  
                                                                               
 State Medical Board                                                         
                                                                               
      Beverly Fletcher - Juneau                                                
      Donald G. Hudson, D.O.  - Anchorage                                      
      Sarah A. Isto, M.D. - Juneau                                             
      Suzanne H. Lombardi - Anchorage                                          
      Donald C. Olson, M.D. - Nome                                             
                                                                               
      - CONFIRMATIONS ADVANCED                                                 
                                                                               
 Board of Certified Direct-Entry Midwives                                    
                                                                               
      Kaye Kanne - Juneau                                                      
      Pam Weaver - Chugiak                                                     
                                                                               
      - CONFIRMATIONS ADVANCED                                                 
                                                                               
 Board of Nursing                                                            
                                                                               
      Josephine Malemute - Fairbanks                                           
                                                                               
      - CONFIRMATION ADVANCED                                                  
                                                                               
 Board of Examiners in Optometry                                             
                                                                               
      William D. Faulkner, O.D. - Anchorage                                    
      Aharon Sternberg, O.D. - Anchorage                                       
                                                                               
      - CONFIRMATIONS ADVANCED                                                 
                                                                               
 Board of Pharmacy                                                           
      Bonnie R. Stewart - Anchorage                                            
      Stanley P. Thompson, R.PH. - Anchorage                                   
                                                                               
      - CONFIRMATIONS ADVANCED                                                 
                                                                               
 State Physical Therapy and Occupational Therapy Board                       
                                                                               
      Dee Berline - Anchorage                                                  
      Cary S. Keller, M.D. - Fairbanks                                         
      Lawrence W. Seethaler, L.P.T. - Anchorage                                
                                                                               
      - CONFIRMATIONS ADVANCED                                                 
                                                                               
 Board of Psychologist and Psychological Associate Examiners                 
                                                                               
      Susan L. Baxter, M.S. - Anchorage                                        
      E. Ben Crawford, Ph.D. - Anchorage                                       
      Gail C. Shortell, Esq. - Anchorage                                       
      David J. Sperbeck, Ph.D. - Anchorage                                     
                                                                               
      - CONFIRMATIONS ADVANCED                                                 
                                                                               
 Board of Certified Real Estate Appraisers                                   
                                                                               
      Eileen R. Bechtol - Homer                                                
      Susan K. Crosson - Anchorage                                             
      Jon B. Wolfe - Douglas                                                   
                                                                               
      - CONFIRMATIONS ADVANCED                                                 
                                                                               
 Board of Veterinary Examiners                                               
                                                                               
      William G. Lewis - North Pole                                            
      James L. Morris, D.V.M. - Wasilla                                        
      Connie J. Sanders, D.V.M. - Anchorage                                    
                                                                               
      - CONFIRMATIONS ADVANCED                                                 
                                                                               
 Alaska Workers' Compensation Board                                          
                                                                               
      Valerie K. Baffone - Anchorage                                           
      John Giuchici - Fairbanks                                                
      Steve Hagedorn - Anchorage                                               
      Harriet M. Lawlor - Anchorage                                            
      Shawn Pierre - Chugiak                                                   
                                                                               
      - CONFIRMATIONS ADVANCED                                                 
                                                                               
 Dental Examiners                                                            
                                                                               
      Dr. James Arneson - Kodiak                                               
      Dr. James Clark - Anchorage                                              
      - CONFIRMATIONS ADVANCED                                                 
                                                                               
 Real Estate Commission                                                      
                                                                               
      Ruth Blackwell - Juneau                                                  
                                                                               
      - CONFIRMATION ADVANCED                                                  
                                                                               
 Board of Midwives                                                           
                                                                               
      Mark Richey - Anchorage                                                  
                                                                               
      - CONFIRMATION ADVANCED                                                  
                                                                               
 Board of Architects, Engineers and Land Surveyors                           
                                                                               
      Marcia Davis - Anchorage                                                 
                                                                               
      - CONFIRMATION ADVANCED                                                  
                                                                               
 Board of Marine Pilots                                                      
                                                                               
      Barbara Huff Tuckness - Anchorage                                        
      David Stewart - Anchorage                                                
                                                                               
      - CONFIRMATIONS ADVANCED                                                 
                                                                               
 (* First public hearing)                                                      
                                                                               
 PREVIOUS ACTION                                                               
                                                                               
 No previous action to record.                                                 
                                                                               
 WITNESS REGISTER                                                              
                                                                               
 SHIRLEY ARMSTRONG, Legislative Assistant                                      
   to Representative Rokeberg                                                  
 Alaska State Legislature                                                      
 Capitol Building, Room 24                                                     
 Juneau, Alaska 99801-1182                                                     
 Telephone:  (907) 465-4954                                                    
 POSITION STATEMENT:  Gave an update on committee business.                    
                                                                               
 ACTION NARRATIVE                                                              
                                                                               
 TAPE 97-16, SIDE A                                                            
 Number 001                                                                    
                                                                               
 CHAIRMAN NORMAN ROKEBERG called the House Labor and Commerce                  
 Standing Committee to order at 3:22 p.m.  Members present at the              
 call to order were Representatives Rokeberg, Hudson, Ryan, Sanders            
 and Cowdery.  Representative Brice arrived at 3:30 p.m.                       
 CONFIRMATION HEARING                                                        
                                                                               
 Number 042                                                                    
                                                                               
 CHAIRMAN ROKEBERG said the committee would address the Governor's             
 appointments to various boards and commissions.                               
                                                                               
 Number 089                                                                    
                                                                               
 REPRESENTATIVE JOHN COWDERY noted the letters the committee will              
 sign states very clearly that the members aren't in favor of or               
 against the appointments.  It doesn't reflect any intent of the               
 members.                                                                      
                                                                               
 CHAIRMAN ROKEBERG indicated that is correct and noted the letters             
 would be sent to the Speaker's office.  He stated the signature on            
 the letter does not, in any way, reflect the intent of any member             
 to vote for against the individuals during any further sessions for           
 the purposes of confirmation.                                                 
                                                                               
 Number 200                                                                    
                                                                               
 CHAIRMAN ROKEBERG announced the first appointment the committee               
 would address would be the appointment of Linda Thomas of Juneau to           
 the Alaska State Board of Public Accountancy.                                 
                                                                               
 Number 210                                                                    
                                                                               
 CHAIRMAN ROKEBERG called for an at ease at 3:27 p.m.  He called the           
 meeting back to order at 3:28 p.m.                                            
                                                                               
 CHAIRMAN ROKEBERG said he would entertain a motion to move the                
 appointments before the committee.                                            
                                                                               
 Number 237                                                                    
                                                                               
 REPRESENTATIVE COWDERY made a motion to move all of the                       
 appointments before the committee to the Speaker's office for                 
 further action.                                                               
                                                                               
 CHAIRMAN ROKEBERG asked if there was an objection.  Hearing none,             
 it was so ordered.                                                            
                                                                               
 Number 255                                                                    
                                                                               
 CHAIRMAN ROKEBERG said the next appointment would be Daphne E.                
 Brown of Anchorage, Patrick H. Kalen of Fairbanks and Robert E.               
 Miller, Ph.D., P.E., of Anchorage to the State Board of                       
 Registration for Architects, Engineers and Land Surveyors.                    
                                                                               
 Number 379                                                                    
                                                                               
 CHAIRMAN ROKEBERG indicated the next appointment is Sheryl L.                 
 Sutton of Juneau to the Board of Barbers and Hairdressers.                    
                                                                               
 Number 415                                                                    
                                                                               
 CHAIRMAN ROKEBERG said the LeRoy (Lee) D. Nordstron, D.C., of                 
 Anchorage has been appointed to the Board of Chiropractic                     
 Examiners.                                                                    
                                                                               
 Number 427                                                                    
                                                                               
 CHAIRMAN ROKEBERG informed the committee members Diane DiSanto of             
 Anchorage has been appointed to the Board of Clinical Social Work             
 Examiners.                                                                    
                                                                               
 Number 445                                                                    
                                                                               
 CHAIRMAN ROKEBERG said the next confirmation is Mary C. Seutter of            
 Wasilla to the Board of Dispensing Opticians.                                 
                                                                               
 Number 465                                                                    
                                                                               
 CHAIRMAN ROKEBERG explained the next appointments would be Robert             
 A. Doyle of Palmer and Blair Schad of Fairbanks to the Alaska Labor           
 Relations Agency.                                                             
                                                                               
 Number 498                                                                    
                                                                               
 CHAIRMAN ROKEBERG informed the committee Bernie Smith of Anchorage            
 has been appointed to the Board of Marine Pilots.  He noted Mr.               
 Smith is with Tesoro.                                                         
                                                                               
 Number 515                                                                    
                                                                               
 CHAIRMAN ROKEBERG said the committee would address the State                  
 Medical Board.  He noted he has made some telephone calls regarding           
 this board, because of its importance, and verified with the                  
 members of the Alaska medical community that they didn't have an              
 objection to the appointments.  The appointments to the State                 
 Medical Board are Beverly Fletcher of Juneau, Donald G. Hudson,               
 D.O., of Anchorage, Sarah A. Isto, M.D., of Juneau, Suzanne H.                
 Lombardi of Anchorage and Donald C. Olson, M.D. of Nome.                      
                                                                               
 Number 586                                                                    
                                                                               
 CHAIRMAN ROKEBERG read the appointments to the Board of Certified             
 Direct-Entry Midwives.  They were Kaye Kanne of Juneau and Pam                
 Weaver of Chugiak.                                                            
                                                                               
 Number 619                                                                    
                                                                               
 CHAIRMAN ROKEBERG informed the committee the appointment to the               
 Board of Nursing is Josephine Malemute of Fairbanks.                          
                                                                               
 Number 630                                                                    
                                                                               
 CHAIRMAN ROKEBERG explained the next appointments are to the Board            
 of Examiners in Optometry.  The people appointed are William D.               
 Faulkner, O.D., of Anchorage and Aharon Sternberg, O.D., of                   
 Anchorage.                                                                    
                                                                               
 Number 658                                                                    
                                                                               
 CHAIRMAN ROKEBERG said the committee would next address Bonnie R.             
 Stewart of Anchorage and Stanley P. Thompson, R.PH., of Anchorage             
 to the Board of Pharmacy.                                                     
                                                                               
 Number 686                                                                    
                                                                               
 CHAIRMAN ROKEBERG stated the next confirmations are Dee Berline of            
 Anchorage, Cary S. Keller, M.D., of Fairbanks, Lawrence W.                    
 Seethaler, L.P.T., of Anchorage to the State Physical Therapy and             
 Occupational Therapy Board.                                                   
                                                                               
 Number 748                                                                    
                                                                               
 CHAIRMAN ROKEBERG announced the appointments to the Board of                  
 Psychologist and Psychological Associate Examiners are Susan L.               
 Baxter, M.S., of Anchorage, E. Ben Crawford, Ph.D., of Anchorage,             
 Gail C. Shortell, Esq., of Anchorage and David J. Sperbeck, Ph.D.,            
 of Anchorage                                                                  
                                                                               
 Number 818                                                                    
                                                                               
 CHAIRMAN ROKEBERG informed the committee members Eileen R. Bechtol            
 of Homer, Susan K. Crosson of Anchorage and Jon B. Wolfe of Douglas           
 have been appointed to the Board of Certified Real Estate                     
 Appraisers.                                                                   
                                                                               
 Number 845                                                                    
                                                                               
 CHAIRMAN ROKEBERG said the appointments to the Board of Veterinary            
 Examiners are William G. Lewis of North Pole, James L. Morris,                
 D.V.M., of Wasilla and Connie J. Sanders, D.V.M., of Anchorage.               
                                                                               
 Number 890                                                                    
                                                                               
 CHAIRMAN ROKEBERG said the next appointments are to the Alaska                
 Workers' Compensation Board.  The appointments are Valerie K.                 
 Baffone of Anchorage, John Giuchici of Fairbanks, Steve Hagedorn of           
 Anchorage, Harriet M. Lawlor of Anchorage and Shawn Pierre of                 
 Chugiak.                                                                      
                                                                               
 CHAIRMAN ROKEBERG informed the committee members there a second               
 group of appointees.                                                          
                                                                               
 Number 1035                                                                   
                                                                               
 REPRESENTATIVE COWDERY made a motion to move the second group of              
 appointments before the committee to the Speaker's office for                 
 further action.                                                               
                                                                               
 CHAIRMAN ROKEBERG asked if there was an objection.  Hearing none,             
 it was so ordered.                                                            
                                                                               
 Number 1057                                                                   
                                                                               
 CHAIRMAN ROKEBERG indicated the next appointments the committee               
 would address would be Dr. James Arneson of Kodiak and Dr. James              
 Clark of Anchorage to the Board of Dental Examiners.                          
                                                                               
 Number 1066                                                                   
                                                                               
 CHAIRMAN ROKEBERG indicated Ruth Blackwell of Juneau has been                 
 appointed to the Real Estate Commission.                                      
                                                                               
 Number 1080                                                                   
                                                                               
 CHAIRMAN ROKEBERG informed the committee that Mark Richey of                  
 Anchorage has been appointed to the Board of Midwives.                        
                                                                               
 Number 1095                                                                   
                                                                               
 CHAIRMAN ROKEBERG said the next appointment is Marcia Davis of                
 Anchorage to the Board of Architects, Engineers and Land Surveyors.           
                                                                               
 Number 1100                                                                   
                                                                               
 CHAIRMAN ROKEBERG explained the last appointments are Barbara Huff            
 Tuckness of Anchorage and David Stewart of Anchorage to the Board             
 of Marine Pilots.  He noted that concludes the appointments that              
 are before the committee.                                                     
                                                                               
 Number 1155                                                                   
                                                                               
 CHAIRMAN ROKEBERG indicated that the committee would start                    
 addressing major pieces of legislation beginning the following                
 week.  He noted he has been working on HB 33, which he sponsored.             
 He said he is working on a committee substitute and is                        
 contemplating asking permission from the Speaker to hold hearings             
 in Anchorage as there are a large number of people in Anchorage who           
 are interested.                                                               
                                                                               
 Number 1029                                                                   
                                                                               
 REPRESENTATIVE TOM BRICE said it might be under the purview of the            
 committee, under the subject of commerce, to review what the                  
 Department of Transportation and Public Facilities (DOT/PF) is                
 doing with the leasing of airport land.  He also asked if there is            
 an intention to address the Kennedy/Kassenbaum issue.                         
                                                                               
 CHAIRMAN ROKEBERG explained there are four major items the                    
 committee will be undertaking.  One is the real estate rewrite to             
 add endorsements for various qualifications of real estate                    
 practitioners, primarily in property management and community                 
 associations.  Chairman Rokeberg said the committee is awaiting the           
 Division of Insurance's submission of the Kennedy/Kassenbaum                  
 activity.  He noted it is his intention to take up the issue this             
 year.  Additionally, he said he is working on a bill for liquor               
 statutes.  Chairman Rokeberg said there is also the potential                 
 purchase, by the state, of the Bank of America Building in                    
 Anchorage.  He noted Representative Ryan also has real estate                 
 legislation.                                                                  
                                                                               
 Number 1379                                                                   
                                                                               
 SHIRLEY ARMSTRONG, Legislative Assistant to Representative                    
 Rokeberg, Alaska State Legislature, noted a bill has been                     
 introduced by the Senate Rules Committee regarding                            
 Kennedy/Kassenbaum issue.  She noted the Senate Labor and Commerce            
 Committee has different legislation in committee than what the                
 House does, but they do have the Board of Accountancy legislation.            
 Apparently, the participants on that board and the Board of                   
 Architects and Engineers are not entirely happy with what is going            
 on with the sunset bill.  She said apparently they don't like some            
 of the recommendations that the auditor made.  One thing the                  
 auditor mentioned regarding some of the sunsets was to increase the           
 time from four to six years.  Ms. Armstrong said it is probably a             
 good idea for some of the boards that will never go away such as              
 the Board of Medical Examiners.  The audit could still be required.           
 She noted there have been hearings on two of the sunsets.                     
                                                                               
 REPRESENTATIVE ROKEBERG noted that in the real estate industry,               
 there is an ongoing controversy about the concept of agency.  He              
 said he has been meeting with people in the real estate business              
 over the last six months and has informed them they need to form              
 consensus among themselves before they bring their solutions to the           
 legislature.  Representative Rokeberg said the solution they                  
 currently have before them is revolutionary in the form of doing              
 away with the common law agency and forming personal service                  
 contracts with their clients.  He noted according to a law school             
 law review article, no other states have adopted that particular              
 method to deal with the agency problem.  The agency problem is a              
 huge problem in the real estate business because of a case law that           
 has come down in the country.  Representative Rokeberg noted he is            
 planning on having hearings during the interim on that legislation.           
                                                                               
 Number 1701                                                                   
 ADJOURNMENT                                                                   
                                                                               
 CHAIRMAN ROKEBERG adjourned the House Labor and Commerce Committee            
 meeting at 3:52 p.m.                                                          
                                                                               

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