Legislature(1999 - 2000)

05/05/1999 03:19 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                                                                                 
                    May 5, 1999                                                                                                 
                     3:19 p.m.                                                                                                  
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Representative Norman Rokeberg, Chairman                                                                                        
Representative Andrew Halcro, Vice Chairman                                                                                     
Representative Jerry Sanders                                                                                                    
Representative Lisa Murkowski                                                                                                   
Representative John Harris                                                                                                      
Representative Tom Brice                                                                                                        
Representative Sharon Cissna                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
* HOUSE BILL NO. 117                                                                                                            
"An Act relating to grant procedures of the Alaska Science and                                                                  
Technology Foundation."                                                                                                         
                                                                                                                                
     - MOVED CSHB 117(L&C)                                                                                                      
                                                                                                                                
CS FOR SENATE BILL NO. 51(L&C)                                                                                                  
"An Act relating to barbers, hairdressers, manicurists, and                                                                     
cosmetologists; providing that the only qualification necessary for                                                             
licensure as a manicurist, other than payment of fees, is                                                                       
completion of a class that is 12 hours in duration, addresses                                                                   
relevant health, safety, and hygiene concerns, and is offered                                                                   
through a school approved by the Board of Barbers and Hairdressers;                                                             
and providing for an effective date."                                                                                           
                                                                                                                                
     - MOVED HCS CSSB 51(L&C)                                                                                                   
                                                                                                                                
HOUSE BILL NO. 183                                                                                                              
"An Act relating to the powers and duties of the chair of the                                                                   
Alaska Public Utilities Commission; relating to membership on the                                                               
Alaska Public Utilities Commission; and relating to the annual                                                                  
report of the Alaska Public Utilities Commission."                                                                              
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
(* First public hearing)                                                                                                        
                                                                                                                                
PREVIOUS ACTION                                                                                                                 
                                                                                                                                
BILL: HB 117                                                                                                                    
SHORT TITLE: ALASKA SCIENCE & TECHNOLOGY FOUNDATION                                                                             
SPONSOR(S): REPRESENTATIVES(S) BUNDE                                                                                            
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 2/26/99       324     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 2/26/99       324     (H)  L&C, FINANCE                                                                                        
 5/05/99               (H)  L&C AT  3:15 PM CAPITOL 17                                                                          
                                                                                                                                
BILL: SB 51                                                                                                                     
SHORT TITLE: LICENSING OF COSMETOLOGISTS                                                                                        
SPONSOR(S): COMMUNITY & REGIONAL AFFAIRS                                                                                        
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 2/01/99       126     (S)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 2/01/99       126     (S)  L&C, FIN                                                                                            
 2/16/99               (S)  L&C AT  1:30 PM FAHRENKAMP RM 203                                                                   
 2/16/99               (S)  MOVED CS (L&C) OUT OF COMMITTEE                                                                     
 2/16/99               (S)  MINUTE(L&C)                                                                                         
 2/18/99       285     (S)  L&C RPT  CS  1DP 3NR  NEW TITLE                                                                     
 2/18/99       285     (S)  NR: MACKIE, DONLEY, HOFFMAN;                                                                        
 2/18/99       285     (S)  DP: TIM KELLY                                                                                       
 2/18/99       286     (S)  FISCAL NOTES TO SB AND CS (DEC, DCED)                                                               
 3/16/99               (S)  FIN AT  9:00 AM SENATE FINANCE 532                                                                  
 3/16/99               (S)  SCHEDULED BUT NOT HEARD                                                                             
 3/17/99               (S)  FIN AT  9:00 AM SENATE FINANCE 532                                                                  
 3/17/99               (S)  HEARD AND HELD                                                                                      
 3/17/99               (S)  MINUTE(FIN)                                                                                         
 3/17/99               (S)  MINUTE(FIN)                                                                                         
 3/26/99               (S)  FIN AT  9:00 AM SENATE FINANCE 532                                                                  
 3/26/99               (S)  MOVED CS (L&C) OUT OF COMMITTEE                                                                     
 3/26/99               (S)  MINUTE(FIN)                                                                                         
 3/26/99       699     (S)  FIN RPT  6DP 1NR 1AM  (L&C) CS                                                                      
 3/26/99       699     (S)  DP: TORGERSON, PARNELL, PHILLIPS,                                                                   
 3/26/99       699     (S)  ADAMS, WILKEN, LEMAN; NR: DONLEY;                                                                   
 3/26/99       699     (S)  AM: GREEN                                                                                           
 3/26/99       699     (S)  FISCAL NOTE TO CS (DEC)                                                                             
 3/29/99               (S)  RLS AT 12:00 PM FAHRENKAMP 203                                                                      
 3/29/99               (S)  MINUTE(RLS)                                                                                         
 3/31/99       750     (S)  RULES TO CALENDAR  AND 1 OR 3/31/99                                                                 
 3/31/99       753     (S)  READ THE SECOND TIME                                                                                
 3/31/99       753     (S)  L&C  CS ADOPTED UNAN CONSENT                                                                        
 3/31/99       753     (S)  ADVANCED TO THIRD READING UNAN                                                                      
 3/31/99       753     (S)  CONSENT                                                                                             
 3/31/99       754     (S)  READ THE THIRD TIME  CSSB 51(L&C)                                                                   
 3/31/99       754     (S)  PASSED Y17 N1 E2                                                                                    
 3/31/99       754     (S)  EFFECTIVE DATE(S) SAME AS PASSAGE                                                                   
 3/31/99       756     (S)  TRANSMITTED TO (H)                                                                                  
 4/07/99       666     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 4/07/99       666     (H)  L&C, FIN                                                                                            
 4/14/99               (H)  L&C AT  3:15 PM CAPITOL 17                                                                          
 4/14/99               (H)  HEARD AND HELD SUBCMTE APPOINTED                                                                    
 4/14/99               (H)  MINUTE(L&C)                                                                                         
 4/26/99               (H)  L&C AT  3:15 PM CAPITOL 17                                                                          
 4/26/99               (H)  HEARD AND HELD                                                                                      
 4/26/99               (H)  MINUTE(L&C)                                                                                         
 5/05/99               (H)  L&C AT  3:15 PM CAPITOL 17                                                                          
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
REPRESENTATIVE CON BUNDE                                                                                                        
Alaska State Legislature                                                                                                        
Capitol Building, Room 501                                                                                                      
Juneau, Alaska 99801                                                                                                            
Telephone:  (907) 465-4843                                                                                                      
POSITION STATEMENT:  Testified as sponsor of HB 117.                                                                            
                                                                                                                                
PATTI SWENSON, Legislative Assistant                                                                                            
   to Representative Con Bunde                                                                                                  
Capitol Building, Room 501                                                                                                      
Juneau, Alaska 99801                                                                                                            
Telephone:  (907) 465-6824                                                                                                      
POSITION STATEMENT:  Testified on HB 117 as sponsor's                                                                           
representative.                                                                                                                 
                                                                                                                                
JAMIE KENWORTHY                                                                                                                 
Alaska Science & Technolgy Foundation(ASTF)                                                                                     
4500 Diplomacy                                                                                                                  
Anchorage, Alaska 99508                                                                                                         
Telephone:  (907) 272-4333                                                                                                      
POSITION STATEMENT:  Discussed ASTF grant procedures and the audit                                                              
performed by LB&A.                                                                                                              
                                                                                                                                
JACK HARRISON, Alaska Frontier Archery                                                                                          
Grantee of ASTF                                                                                                                 
3450 Palmdale Drive                                                                                                             
Wasilla, Alask a99654                                                                                                           
Telephone:  (907) 376-4969                                                                                                      
POSITION STATEMENT:  Opposed HB 117.                                                                                            
                                                                                                                                
RICHARD SEWELL, President and Founder                                                                                           
Iceberg Seafood Company                                                                                                         
PO Box 10037                                                                                                                    
Anchorage, Alaska 99510                                                                                                         
Telephone:  (907) 562-7837                                                                                                      
POSITION STATEMENT:  Testified that if the focus is on economic                                                                 
development, job creation, and new capital entering the state, HB
117 is not the appropriate path.                                                                                                
                                                                                                                                
EDEN LARSON, Southcentral Coordinator                                                                                           
Alaska InvestNet                                                                                                                
3380 C Street, Suite 100                                                                                                        
Anchorage, Alaska 99503                                                                                                         
Telephone:  (907) 565-5633                                                                                                      
POSITION STATEMENT:  Agreed with Mr. Kenworthy's comments and                                                                   
expressed additional concerns.                                                                                                  
                                                                                                                                
MEAD TREADWELL, Treadwell Development;                                                                                          
Board member, ASTF                                                                                                              
528 North  Avenue                                                                                                               
Anchorage, Alaska 99501                                                                                                         
Telephone:  (907) 343-2400                                                                                                      
POSITION STATEMENT:  Predicted obligation of ownership problems.                                                                
                                                                                                                                
WALTER GORE                                                                                                                     
Petro Star Incorporated                                                                                                         
206 Arctic Slope Avenue                                                                                                         
Anchorage, Alaska 99518                                                                                                         
Telephone:  (907) 267-6106                                                                                                      
POSITION STATEMENT:  Testified that making state ownership a                                                                    
requirement of ASTF grants would create a severe disincentive to                                                                
program participation.                                                                                                          
                                                                                                                                
J.P. GODFREY, Business Consultant                                                                                               
Godfrey & Associates                                                                                                            
7840 Evander                                                                                                                    
Anchorage, Alaska 99518                                                                                                         
Telephone:  (907) 344-3065                                                                                                      
POSITION STATEMENT:  Predicted that if the changes proposed in HB
117 move forward, some of the best clients for ASTF will be lost.                                                               
                                                                                                                                
CHARLES NORTHRIP, Executive Director                                                                                            
Juneau Economic Development Council                                                                                             
612 West Willoughby, Suite A                                                                                                    
Juneau, Alaska 99801                                                                                                            
Telephone:  (907) 463-3662                                                                                                      
POSITION STATEMENT:  Emphasized that ASTF exists to use investment                                                              
to build private enterprise that stays in Alaska, creates jobs and                                                              
pays taxes which indirectly benefits the state.                                                                                 
                                                                                                                                
DOUG SALIK, Researcher                                                                                                          
   for Senator Tim Kelly                                                                                                        
Alaska State Legislature                                                                                                        
Capitol Building, Room 101                                                                                                      
Juneau, Alaska 99801                                                                                                            
Telephone:  (907) 465-4823                                                                                                      
POSITION STATEMENT:  Testified on Amendment K.1 to SB 51 as aide to                                                             
the Senate Community and Regional Affairs Standing Committee.                                                                   
                                                                                                                                
CATHERINE REARDON, Director                                                                                                     
Division of Occupational Licensing                                                                                              
Department of Commerce and Economic Development                                                                                 
P.O. Box 110806                                                                                                                 
Juneau, Alaska 99811-0806                                                                                                       
Telephone:  (907) 465-2536                                                                                                      
POSITION STATEMENT:  Testified on Amendment K.1 to SB 51, suggested                                                             
two amendments to the amendment.                                                                                                
                                                                                                                                
JANET SEITZ, Legislative Assistant                                                                                              
   to Representative Norman Rokeberg                                                                                            
Alaska State Legislature                                                                                                        
Capitol Building, Room 24                                                                                                       
Juneau, Alaska 99801                                                                                                            
Telephone:  (907) 465-4968                                                                                                      
POSITION STATEMENT:                                                                                                             
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 99-52, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
CHAIRMAN NORMAN ROKEBERG called the House Labor and Commerce                                                                    
Standing Committee meeting to order at 3:19 p.m.  Members present                                                               
at the call to order were Representatives Rokeberg, Halcro,                                                                     
Sanders, Harris, Brice and Cissna.  Representative Murkowski                                                                    
arrived at 4:45 p.m.                                                                                                            
                                                                                                                                
HB 117 - ALASKA SCIENCE & TECHNOLOGY FOUNDATION                                                                                 
                                                                                                                                
Number 0101                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG announced the committee's first order of business                                                             
is HB 117, "An Act relating to grant procedures of the Alaska                                                                   
Science and Technology Foundation."                                                                                             
                                                                                                                                
Number 0116                                                                                                                     
                                                                                                                                
REPRESENTATIVE CON BUNDE, Alaska State Legislature, sponsor,                                                                    
explained that there had been a legislative audit of the Alaska                                                                 
Science and Technology Foundation (ASTF) a year ago.  In his                                                                    
opinion, that audit reflects concerns he has heard that funds used                                                              
through ASTF aren't always accounted for with adequate due                                                                      
diligence.  He suggested that it is time to examine all of Alaska's                                                             
funding projects with close scrutiny.                                                                                           
                                                                                                                                
REPRESENTATIVE BUNDE noted that some wonder if the state should be                                                              
competing with private venture capital, which is much of what ASTF                                                              
does.  If it is in that venture capital business, however, he                                                                   
believes it is important to restate that this is, indeed, the                                                                   
people's money, to be held to an even higher standard than in                                                                   
private enterprise - where one is accountable to stockholders or a                                                              
board of directors - to ensure that the money is well-spent.                                                                    
                                                                                                                                
REPRESENTATIVE BUNDE shared his perception that monies are made                                                                 
available to people who want to "take a flyer in business."  He                                                                 
said this is a wonderful thing, if it works out for Alaska.  If it                                                              
doesn't work out, however, he believes that those using the funds                                                               
should be held to the same standard as for a private institute,                                                                 
demanding some collateral and collecting on it if there is a                                                                    
failure to perform.  "Even if it's only a nickel on the dollar, we                                                              
certainly owe it to the people of the state to collect," he stated.                                                             
                                                                                                                                
REPRESENTATIVE BUNDE suggested that people who realize they won't                                                               
be accountable, or won't lose the equipment they bought with state                                                              
money, aren't as hungry and won't work as hard as others.  Although                                                             
those using ASTF funds do many things that the bill recommends,                                                                 
they don't have to, which is the crux of the matter.  "We can't                                                                 
allow them to play Monopoly with the state's money," he added.  He                                                              
restated that HB 117 reflects the audit, including the need for an                                                              
extremely high level of accountability and more diligence by those                                                              
taking advantage of these programs.  Without something like this,                                                               
the program will continue to be under assault by those legislators                                                              
who want to see the money put to other use.  In passing this bill,                                                              
however, he believes the legislature would be following the advice                                                              
of its own counsel, the Legislative Budget and Audit Committee                                                                  
(LB&A).                                                                                                                         
                                                                                                                                
Number 0519                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG asked if the audit recommends a certified                                                                     
financial statement on any of those cases.                                                                                      
                                                                                                                                
REPRESENTATIVE BUNDE said he believes it does.                                                                                  
                                                                                                                                
CHAIRMAN ROKEBERG pointed out that certified financial statements                                                               
are prohibitively expensive, and could eat up half of a grant.  He                                                              
asked if Representative Bunde had looked at other alternatives,                                                                 
such as using a federal tax return.                                                                                             
                                                                                                                                
REPRESENTATIVE BUNDE indicated the LB&A members had discussed                                                                   
another option.  He then asked whether the state should give money                                                              
away, pointing out that a bank wouldn't do that.                                                                                
                                                                                                                                
CHAIRMAN ROKEBERG asked what LB&A had recommended.                                                                              
                                                                                                                                
Number 0600                                                                                                                     
                                                                                                                                
PATTI SWENSON, Legislative Assistant to Representative Con Bunde,                                                               
Alaska State Legislature, answered, "Submit an audited financial                                                                
statement."                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG commented that it is almost the same thing.                                                                   
                                                                                                                                
REPRESENTATIVE HALCRO referred to a memorandum of response, noting                                                              
that ASTF said they agreed with LB&A's recommendation, but the                                                                  
person whom they had advertised to hire to conduct these was caught                                                             
in the hiring freeze.  He asked whether Representative Bunde had                                                                
talked to ASTF about that.                                                                                                      
                                                                                                                                
REPRESENTATIVE BUNDE said he hadn't.  He then surmised that ASTF                                                                
shouldn't object to legislation that endorses what they plan to do                                                              
already. He pointed out that he hadn't received the response any                                                                
sooner than the committee had.                                                                                                  
                                                                                                                                
REPRESENTATIVE HARRIS noted that he hadn't read the entire LB&A                                                                 
report, then asked whether ASTF has had difficulty in getting                                                                   
repayments of its loans.                                                                                                        
                                                                                                                                
REPRESENTATIVE BUNDE replied that to his understanding, ASTF gets                                                               
very little repayment.                                                                                                          
                                                                                                                                
REPRESENTATIVE HARRIS asked whether the reason for the bill is to                                                               
try to ensure that there is a bigger percentage of repayment.                                                                   
                                                                                                                                
REPRESENTATIVE BUNDE restated that even if it is only a nickel on                                                               
the dollar, Alaskans are owed the assurance that ASTF, a state                                                                  
venture capital group, is being held to the same standard that                                                                  
private industry would be held to.                                                                                              
                                                                                                                                
Number 0748                                                                                                                     
                                                                                                                                
REPRESENTATIVE HARRIS asked whether it will cause the department                                                                
overseeing ASTF any increase in personnel, for example, to have                                                                 
security interests, patents, copyrights or things of that nature.                                                               
                                                                                                                                
REPRESENTATIVE BUNDE pointed out that there is a fiscal note.                                                                   
There was discussion regarding whether the fiscal note, $157,000,                                                               
was for one-quarter of a position.  He clarified that the fiscal                                                                
note covered personnel.                                                                                                         
                                                                                                                                
REPRESENTATIVE HALCRO turned to the provision requiring that ASTF                                                               
own intellectual property.  The response from ASTF points out that                                                              
other states with similar programs don't mandate a state owning                                                                 
security interest in the funding project.  Representative Halcro                                                                
asked if this would set up a situation with expensive litigation                                                                
regarding who owns what.                                                                                                        
                                                                                                                                
REPRESENTATIVE BUNDE pointed to universities, in general, as a                                                                  
model because they have different ways to deal with intellectual                                                                
rights.                                                                                                                         
                                                                                                                                
REPRESENTATIVE BRICE understood that the intent is to maintain the                                                              
grant nature of ASTF to an extent.  He asked if thought had been                                                                
given to changing the program from a grant to a very low interest                                                               
loan program.                                                                                                                   
                                                                                                                                
REPRESENTATIVE BUNDE stated that he didn't want to micromanage the                                                              
program to that extent.  He indicated that it would be an                                                                       
interesting discussion as to whether grants should be continued or                                                              
should loans be offered as a subsidy or should they be competitive.                                                             
Those are discussions for the legislature.  If ASTF continues, it                                                               
should be held to a higher standard.                                                                                            
                                                                                                                                
REPRESENTATIVE SANDERS stated his understanding that grants were                                                                
grants.  He asked if ASTF grants are repaid then wouldn't they then                                                             
be an interest free loan.                                                                                                       
                                                                                                                                
MS. SWENSON explained that there is statutory authority to receive                                                              
repayment on the grants.                                                                                                        
                                                                                                                                
REPRESENTATIVE BUNDE interjected that if the grant creates a                                                                    
successful business, then there is some repayment.                                                                              
                                                                                                                                
MS. SWENSON noted that any equipment is disposed of and there is                                                                
language speaking to the disposal in the audit.  When these grants                                                              
are given, there are seven to ten years between the research and                                                                
development and the project.  People don't respond to the repayment                                                             
letters or information requests.  Financial data is supposed to be                                                              
submitted yearly to ASTF which, according to the audit, is not                                                                  
occurring.  Therefore, HB 117 is making ASTF enforce its current                                                                
policy.                                                                                                                         
                                                                                                                                
REPRESENTATIVE HALCRO quoted ASTF's response as follows:                                                                        
                                                                                                                                
     There are no instances of guarantees not cooperating and                                                                   
     providing information to assess their obligation or                                                                        
     refusal to pay.  The standard repayment provision since                                                                    
     the 1995 statute change is five percent of the gross                                                                       
     revenue, one and a half times of the grant.  In short,                                                                     
     there is no problem to solve with this change.                                                                             
                                                                                                                                
Representative Halcro pointed out that Representative Bunde is                                                                  
saying there is little repayment, but ASTF says there is no                                                                     
problem.                                                                                                                        
                                                                                                                                
REPRESENTATIVE BUNDE referred Representative Halcro to LB&A's audit                                                             
report.                                                                                                                         
                                                                                                                                
Number 1134                                                                                                                     
                                                                                                                                
MS. SWENSON referenced page 22 of the audit which speaks to                                                                     
repayment and the way in which it is ignored.  That portion of the                                                              
audit discusses the grant administrator's annual letter requesting                                                              
update information.  That letter doesn't refer to the grant                                                                     
agreement clause and often the grant recipients ignore it.                                                                      
Furthermore, no follow-up action occurs in these cases.  Therefore,                                                             
there is a problem.                                                                                                             
                                                                                                                                
REPRESENTATIVE BUNDE referred to an electrical company which went                                                               
bankrupt and left Alaska owing many back wages.  The grant                                                                      
recipient moved out of state and continued to receive ASTF money.                                                               
                                                                                                                                
MS. SWENSON commented that she didn't think Representative Bunde                                                                
believed ASTF to be a bad program, but there are poor business                                                                  
practicess needing improvement in statute.  With regard to the                                                                  
fiscal notes, there is no need for more fiscal notes if ASTF                                                                    
already does these things, as they say.  The report was released                                                                
September 1998 therefore, ASTF could have come forward to discuss                                                               
the need to hire an additional employee.  This legislation doesn't                                                              
do anything that ASTF really disagrees with, except for the                                                                     
intellectual property.                                                                                                          
                                                                                                                                
Number 1343                                                                                                                     
                                                                                                                                
JAMIE KENWORTHY, Alaska Science & Technolgy Foundation, began by                                                                
saying that ASTF takes accountability seriously.  There are                                                                     
technical reviews on all projects over $20,000 and the board                                                                    
reviews of projects under $20,000.  Clear benchmarks are                                                                        
established in the proposal of performance.  There is also a state                                                              
audit requirement for sums spent in excess of $300,000 while ASTF                                                               
requires an audit when over $50,000 and ASTF can also audit smaller                                                             
projects.  During the monitoring of the grant agreements, the                                                                   
project manager signs certified statements.  Also the final 10                                                                  
percent of every project is held.  At the end of a project the                                                                  
equipment is disposed of.  Often, the equipment is returned to the                                                              
grantee to continue the business.  He noted that ASTF had an                                                                    
evaluation this year of all the projects, in terms of their impact                                                              
on the economy, which he offered to share with the committee.                                                                   
                                                                                                                                
MR. KENWORTHY acknowledged that the audit did point out that ASTF                                                               
should do a better job monitoring grant repayments, although it is                                                              
not as sloppy as people may believe.  He explained that an annual                                                               
survey of every technology grant is performed.  It is a matter of                                                               
staff time and the ability to fill a position to be able to go back                                                             
and do "shoe leather" in order to ensure that ASTF has all those                                                                
grant obligations.  Mr. Kenworthy informed the committee that he                                                                
had brought in an audit firm to set up a tracking system for this.                                                              
                                                                                                                                
MR. KENWORTHY clarified the types of projects ASTF does.  He said                                                               
that he would not describe ASTF as performing venture capital, but                                                              
rather seed capital.  Venture capital is post sales, usually a                                                                  
product and prototype already exist, all equity, with a 40 to 50                                                                
percent return on the investment.  He said that ASTF is involved in                                                             
pre-prototype deals that may develop into venture capital later.                                                                
Also 20 percent of ASTF's projects are science projects that are                                                                
not proprietary and therefore, no money is returned to the state.                                                               
He stressed that some of these science projects are very important                                                              
for the state's development because no one else will fund the                                                                   
science.  For example, there is a water quality project with a                                                                  
mining community, the Department of Environmental Conservation                                                                  
(DEC), the Department of Fish & Game, and the Environmental                                                                     
Protection Agency (EPA) regarding turbidity.  Furthermore, about 25                                                             
percent of ASTF's funds go toward qualified university projects.                                                                
He informed the committee of the grading program with lumberyards                                                               
in Alaska.  In this case, it is critical that ASTF offers such a                                                                
service as grading dimensional lumber because sawmill owners in the                                                             
state won't[can't] pay for it directly, although they are starting                                                              
to pay for some of it.                                                                                                          
                                                                                                                                
Number 1571                                                                                                                     
                                                                                                                                
MR. KENWORTHY pointed out that in 1995 there was a statute change.                                                              
Until that time, ASTF could only receive repayment based on                                                                     
royalties which result from doing a patent in a certain form.  That                                                             
was expanded to gross revenues because sometimes the technology is                                                              
sold to a joint venture.  He stated that ASTF wanted to attach the                                                              
revenue stream from successful projects.  The standard term and                                                                 
condition is 5 percent of gross revenues up to 1.5 times the amount                                                             
of the grant.  He said that ASTF does not have any statutory                                                                    
authority to do loans.  He emphasized that ASTF is sharing                                                                      
technical risk with the private sector and therefore, the form of                                                               
repayment is appropriate to the stage of development funded by                                                                  
ASTF.  Mr. Kenworthy did not object to the language on the less                                                                 
than $20,000.  He agreed with the LB&A audit that expressed the                                                                 
need for written reviews of grants less than $20,000 and since                                                                  
February those reviews have been documented.  Mr. Kenworthy said,                                                               
"Besides the issue of doing a better job which is a staff time                                                                  
issue with follow-up, I don't consider that there were major issues                                                             
in the audit that would lead to the conclusion that we have sloppy                                                              
practices."                                                                                                                     
                                                                                                                                
VICE CHAIRMAN HALCRO requested that Mr. Kenworthy speak to the                                                                  
instances in the audit that appear not to have had any follow-up                                                                
with regards to payment.                                                                                                        
                                                                                                                                
MR. KENWORTHY did not recall any particular case in which ASTF did                                                              
not follow-up.  Annual letters were sent out.  He noted that ASTF                                                               
has one position, a grant manger, who is responsible for monitoring                                                             
the benchmark performance of all the projects.  Regardless of                                                                   
ASTF's ability to hire another person or not, Mr. Kenworthy will                                                                
shift some resources from working with entrepeneurs to do a better                                                              
job reviewing repayment.  Since the change, there have been about                                                               
$100,000 in grant repayments.  Although this may not sound like                                                                 
very much, he reiterated that it takes seven to ten years to move                                                               
from idea to commercialization and a large portion of ASTF deals                                                                
with science which doesn't have a proprietary component that can be                                                             
taxed.  He stressed that there has not been a pattern of people not                                                             
giving full information; there has not been a lack of cooperation,                                                              
but rather staff follow-up.  Mr. Kenworthy noted that ASTF has had                                                              
a flat operating budget for five years.                                                                                         
                                                                                                                                
REPRESENTATIVE SANDERS asked if Mr. Kenworthy's reference to lack                                                               
of cooperation meant lack of communication or repayment.                                                                        
                                                                                                                                
MR. KENWORTHY replied, both.  For instance, ASTF will call and                                                                  
request the lastest audit from a business in order to check the                                                                 
gross proceeds from the technologhy.  That is a matter of                                                                       
cooperation.  There have not been people saying they will not                                                                   
provide the information so that the assessment can't be done.  Mr.                                                              
Kenworthy provided a copy of the standard grant agreement which                                                                 
every grantee signs.  The agreement basically says that ASTF has                                                                
the right to inspection and the right to require an audit.                                                                      
Therefore, ASTF has the tools if there is no cooperation.                                                                       
                                                                                                                                
Number 1797                                                                                                                     
                                                                                                                                
MR. KENWORTHY specified concern with the requirement in HB 117 that                                                             
ASTF will have security interest in the technology and that ASTF                                                                
will own the technology.  That will confuse the public and private                                                              
sector as well as decision making.  He pointed out that ASTF does                                                               
have the power to issue a security interest and that has been done                                                              
only twice in the last year.  The size of the deal and the risk                                                                 
involved made it necessary to take a security interest in the                                                                   
technology.  If ASTF is mandated to take ownership of intellectual                                                              
property, the initiative is then shifted from the business person                                                               
to the state.  Such a mandate would place Mr. Kenworthy in the                                                                  
position of a manger.  "I like, as a manger, to hold them                                                                       
accountable and have strong measures to use if you need to, but                                                                 
they make the decision.  Because if I start making decisions for a                                                              
business person, how am I going to hold them responsible for the                                                                
results?"                                                                                                                       
                                                                                                                                
VICE CHAIRMAN HALCRO asked if, due to the pre patent and post                                                                   
patent work, this would set ASTF up for possible litigation.                                                                    
                                                                                                                                
MR. KENWORTHY responded yes.  He informed the committee that                                                                    
sometines entrepeneurs come to ASTF after filing a patent and                                                                   
sometimes they are halfway through the work and need documentation                                                              
and ASTF and the entrepeneur are jointly paying patent expenses.                                                                
Therefore, the first need is to assess the state of the technology                                                              
when the entrepeneur came to ASTF for funding in order to determine                                                             
if ASTF owns it or has a subsequent patent position.  There would                                                               
also be issues with regard to how much expense and protection to                                                                
patent for the identified market.  Often, an entrepeneur asks ASTF                                                              
for advice.  However, ASTF does not want to make the final decision                                                             
as a manger; ASTF wants to review and work with the entrepeneur's                                                               
decisions.  Mr. Kenworthy believed the provision in HB 117 concerns                                                             
the next stage of investors.                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA requested more explanation of intellectual                                                                
property.  If one holds a patent, does that mean that person is                                                                 
ultimately responsible for the development of the patent.                                                                       
                                                                                                                                
MR. KENWORTHY clarified that the issue of a patent's ownership and                                                              
development are separate issues.  If entrepenuer A files a patent,                                                              
that could either be assigned to ASTF for ownership or ASTF can                                                                 
file a security interest.  A security interest acts as a lien and                                                               
only the owner of the entity with a security interest can license                                                               
that patent.  With regard to the development of a patent, any                                                                   
business person can use that to develop or infringe on a patent in                                                              
which case the owner of the patent would have the responsibility to                                                             
take legal action.  Mr. Kenworthy informed the committee that out                                                               
of perhaps ten patents, only one ever earns revenue.  It is much                                                                
easier to get a patent than to receive money from the technology.                                                               
                                                                                                                                
Number 2046                                                                                                                     
                                                                                                                                
JACK HARRISON, Alaska Frontier Archery, Grantee of ASTF, testified                                                              
via teleconference from Anchorage.  As a grantee, Mr. Harrison has                                                              
received substantial monies and currently, possesses three patents                                                              
as well as a pending patent.  He felt that HB 117 is redundant                                                                  
because ASTF already has the mechanisms in place necessary to                                                                   
continue the program.  He emphasized that when he signed with ASTF                                                              
he received a grant, not a loan, which he matched with personal                                                                 
money and bank loans.  Mr. Harrison stated that he is at the point                                                              
where the patents are on the verge of being viable venture capital.                                                             
He said that he was attempting to bring money to the state.  If Mr.                                                             
Harrison can get his patents licensed, then he can pay back ASTF a                                                              
portion of the grants under the payment program he signed.  Mr.                                                                 
Harrison opposed HB 117.                                                                                                        
                                                                                                                                
RICHARD SEWELL, President and Founder, Iceberg Seafood Company,                                                                 
testified next via teleconference from Anchorage.  He informed the                                                              
committee that his company is a grantee of ASTF who provided                                                                    
$227,000 which he matched with $201,000 with follow-on equity                                                                   
financing of $250,000.  He noted that his was a distribution                                                                    
technology which will allow the distribution of live crabs to                                                                   
global markets.  His grant agreement requires 1.5 times the return                                                              
on the grant which his accountant says is not really a grant or a                                                               
loan.                                                                                                                           
                                                                                                                                
MR. SEWELL emphasized that the ASTF grant is a critical bridge                                                                  
between concept development and bringing in outside equity                                                                      
financing.  He informed the committee that he had shopped his                                                                   
business plan and the stock offering before going to ASTF and                                                                   
people felt it was too risky to enter at that point.  Most                                                                      
indicated the possibility of interest once the technology can be                                                                
proven.  When the ownership of the technology is clouded to the                                                                 
possibility of state ownership of the technology right, it is                                                                   
troubling.  He doubted that he would have pursued this if that had                                                              
been the deal.  Therefore, if the focus is on economic development,                                                             
job creation, and new capital entering the state, HB 117 is not the                                                             
appropriate path.  With regard to ongoing certified financial                                                                   
statements, Mr. Sewell believed it would be a heavy burden.  If a                                                               
higher level of monitoring is desired, that would seem to be a                                                                  
personnel and management issue rather than a regulatory or                                                                      
statutory issue.                                                                                                                
                                                                                                                                
Number 2325                                                                                                                     
                                                                                                                                
EDEN LARSON, Southcentral Coordinator, Alaska InvestNet, testifying                                                             
via teleconference from Anchorage, explained that Alaska InvestNet                                                              
is designed to introduce entrepeneurs to private investors.  This                                                               
role has led to much research into what attracts investors to                                                                   
entrepeneurs.  She noted that she is a former private consultant                                                                
and former Executive Director of Alaska Inventors and Entrepeneurs                                                              
Association.  She also noted that she has had significant                                                                       
experience with ASTF.  Ms. Larson agreed with all of Mr.                                                                        
Kenworthy's comments.  However, she expressed additional concern.                                                               
Over the past years, ASTF has worked hard in response to                                                                        
legislative concerns regarding its funding.  She pointed out that                                                               
when she worked with the Alaska Inventors and Entrepeneurs                                                                      
Association she saw inventors in the early stages of an idea                                                                    
seeking ASTF funding while those going to ASTF now have business                                                                
concepts, identified markets, and a different level of management                                                               
skills.  Should this legislation move forward, Ms. Larson felt the                                                              
latter entrepeneur described would not be inclined to work with                                                                 
ASTF.  In other words, this legislation would revert back to                                                                    
attracting uneducated inventors rather than educated entrepeneurs                                                               
who have a better chance of repaying the debt to ASTF.  If                                                                      
entrepeneurs were required to give up their intellectual property                                                               
from the beginning in order to receive seed money, those                                                                        
entrepeneurs that didn't walk away would not be set up to attract                                                               
additional private capital.                                                                                                     
                                                                                                                                
MEAD TREADWELL, Treadwell Development; Board member, ASTF,                                                                      
testified next via teleconference from Anchorage.  He informed the                                                              
committee that during his time on the board he has advocated for                                                                
stronger intellectual provisions which he believed ASTF is                                                                      
following.  He stressed that every deal ASTF does is different in                                                               
this area.                                                                                                                      
                                                                                                                                
TAPE 99-52, SIDE B                                                                                                              
                                                                                                                                
MR. TREADWELL commented that not only will there be problems as                                                                 
addressed by Mr. Kenworthy and others, there will likely be                                                                     
obligation of ownership problems.  There are many issues that could                                                             
arise on a deal by deal basis.  He compared HB 117 to a                                                                         
straightjacket rather than a protection of the state's interests.                                                               
Mr. Treadwell said that in the last few years ASTF has tried to                                                                 
increase the capacity in Alaska to do the next steps.  The Alaska                                                               
Investment Project has tried to get "angel" in Alaska to take on                                                                
these ventures and bring more venture capital into the state.  This                                                             
legislation would be an impediment to that goal.                                                                                
                                                                                                                                
VICE CHAIRMAN HALCRO acknowledged that Mr. Treadwell has a                                                                      
financial background.  He asked if Mr. Treadwell, as a board                                                                    
member, could speak to comments in the audit refering to the grants                                                             
to Alaska Power Systems and Distributed Systems LLC.  The audit                                                                 
concluded that those grants were questionable in nature and                                                                     
benchmarking was not followed.                                                                                                  
                                                                                                                                
Number 0099                                                                                                                     
                                                                                                                                
MR. TREADWELL commented that he believed there to be no question                                                                
that the intellectual property constraints, that may be asked for                                                               
by this legislation, were followed.  Perhaps, what is necessary to                                                              
make that a successful project is flexibility.  He said that is                                                                 
about all he can comment due to the confidentiality requirements of                                                             
the grant.  With regard to the benchmarks, Mr. Treadwell                                                                        
acknowledged that some of the benchmarks were changed after the                                                                 
grant was made.  Those changes were done to reflect the situation.                                                              
For major grants of that size, the board has decided to spend                                                                   
additional funds to hire a part-time position to watch such large                                                               
grants in the future.  With this particular grant, it was a highly                                                              
fluid situation.  The flexibility utilized was meant to keep the                                                                
technology in Alaska.  This grant received much scrutiny because it                                                             
was a controversial grant.                                                                                                      
                                                                                                                                
Number 0174                                                                                                                     
                                                                                                                                
WALTER GORE, Petro Star Incorporated, testified via teleconference                                                              
from Anchorage.  He informed the committee that currently, he is                                                                
working on an ASTF funded project on behalf of his employer.  Petro                                                             
Star is the only Alaska-owned refiner.  The project being worked on                                                             
focuses on developing a means of de-sulphurizing diesel fuel that                                                               
is feasible for Alaska.  With regard to HB 117, the proposed                                                                    
amendment would require ASTF to take a security interest and own                                                                
intellectual property developed with grant assistance.  Mr. Gore                                                                
viewed ASTF as helping to develop technology in Alaska, not to own                                                              
intellectual property.  Therefore, making state ownership a                                                                     
requirement of ASTF grants would create a severe disincentive to                                                                
program participation.  If ownership and patents had been part of                                                               
ASTF grants, Petro Star probably wouldn't have applied with ASTF.                                                               
                                                                                                                                
J.P. GODFREY, Business Consultant, Godfrey & Associates, testifying                                                             
via teleconference from Anchorage, informed the committee that he                                                               
has worked in business development throughout Alaska for over 30                                                                
years.  He noted that he was one of the original circuit riders for                                                             
ASTF and worked with a number of proposers and grantees.  With                                                                  
regard to the requirement in HB 117 for the security interest and                                                               
the discussion of ownership, that would probably deter some of the                                                              
best proposers and projects that ASTF wants to do business with.                                                                
These are private sector companies, already in business with                                                                    
managments and markets in place, who are attempting to develop a                                                                
new technology in order to expand their business activities in the                                                              
market place in Alaska and beyond.  From his experience with such                                                               
proposers, he felt that he would have walked away if this provision                                                             
was in the ASTF statutes.  Therefore, Mr. Godfrey predicted that if                                                             
these changes move forward, some of the best clients for ASTF will                                                              
be lost.  These are clients that are in the best position to                                                                    
succeed.                                                                                                                        
                                                                                                                                
Number 0377                                                                                                                     
                                                                                                                                
CHARLES NORTHRIP, Executive Director, Juneau Economic Development                                                               
Council, informed the committee that the council operates a                                                                     
business assistance program as well as a revolving loan fund.  The                                                              
council also operates Alaska InvestNet which is a statewide capital                                                             
matching network.  All of the aforementioned work is done with                                                                  
private entrepeneurs and investors.  He addressed Section 1 of HB
117 with the phrase, "If it ain't broke, don't fix it."  The larger                                                             
problem exists in Section 2 of HB 117.  If Section 2 were enacted,                                                              
it would have a detrimental effect on private investment in                                                                     
ASTF-assisted ventures.  As mentioned, Alaska InvestNet attempts to                                                             
bring private entrepeneurs into contact with and financial support                                                              
to Alaska ventures.  He pointed out that intellectual property                                                                  
makes hi-tech ventures attractive to entrepeneurs and investors.                                                                
If that incentive is eliminated, those investor dollars will go                                                                 
elsewhere and the entrepeneurs are also likely to look elsewhere,                                                               
even outside of Alaska.  Usually, the venture goes where the                                                                    
investment comes from.  Mr. Northrip pointed out that current ASTF                                                              
procedures allow it to pursue ownership when in the best interest                                                               
of the state, "without compromising that vital  entrepeneurial                                                                  
energy that is necessary to develop these technologies we've been                                                               
talking about."  In closing, Mr. Northrip emphasized that ASTF                                                                  
exists to use investment to build private enterprise that stays in                                                              
Alaska, creates jobs and pays taxes.  Therefore, the state would                                                                
benefit in an indirect way.                                                                                                     
                                                                                                                                
REPRESENTATIVE CISSNA asked if Mr. Gates [Bill Gates, Microsoft]                                                                
was raised in Alaska, what relationship would he have had with                                                                  
ASTF.                                                                                                                           
                                                                                                                                
MR. NORTHRIP pointed out that in the early stages of Mr. Gates'                                                                 
venture if he had been an Alaskan, MicroSoft may have had a campus                                                              
in Anchorage instead of Seattle.  The problem for Alaska is that it                                                             
is not a capital rich state and therefore, many of Alaska's                                                                     
intellectual ideas are moved to where the money is.  He echoed Mr.                                                              
Kenworthy's comments regarding ASTF providing the seed capital well                                                             
before commercial investors would be prepared to invest which keeps                                                             
that venture in the state.  He commented that more people are                                                                   
turned down by ASTF than receive funding.                                                                                       
                                                                                                                                
Number 0682                                                                                                                     
                                                                                                                                
REPRESENTATIVE CISSNA inquired as to the course if Mr. Gates'                                                                   
intellectual property was owned by the state.                                                                                   
                                                                                                                                
MR. NORTHRIP said that he didn't believe Mr. Gates would have ever                                                              
given over control of the intellectual property portion of his                                                                  
venture.  The intellectual property is what the entrepeneur holds                                                               
onto at the highest cost because the ownership interest will make                                                               
the money in the long run.  He noted that Mr. Gates benefited from                                                              
the manufacture of it as well as selling the license to others.  If                                                             
that had happened here, the sale of the licenses would have come to                                                             
Alaskan firms.                                                                                                                  
                                                                                                                                
VICE CHAIRMAN HALCRO agreed with Mr. Northrip's comments regarding                                                              
the original purpose of ASTF which was to, according to statute:                                                                
                                                                                                                                
     (1) promote and enhance, through basic and applied                                                                         
     research and the development comercialization of                                                                           
     technology,                                                                                                                
     (A) economic development and technological innovation in                                                                   
     Alaska;                                                                                                                    
     (B) public health;                                                                                                         
     (C) telecommunications; and                                                                                                
     (D) sustained growth and development of Alaskan                                                                            
     scientific and engineering capabilities;                                                                                   
                                                                                                                                
VICE CHAIRMAN HALCRO noted that the statute doesn't refer to                                                                    
providing a return to the state.  He asked if the bill's provision                                                              
requiring peer review with grants under $20,000 was of concern for                                                              
Mr. Kenworthy.                                                                                                                  
                                                                                                                                
MR. KENWORTHY replied no because ASTF is currently doing that.                                                                  
                                                                                                                                
Number 0804                                                                                                                     
                                                                                                                                
VICE CHAIRMAN HALCRO surmised that the provisions regarding                                                                     
intellectual property are of concern.  He asked if Mr. Kenworthy                                                                
could speak to the fiscal note regarding the cost to enforce this                                                               
provision.                                                                                                                      
                                                                                                                                
MR. KENWORTHY noted that ASTF attorney Terry Turner, who is under                                                               
contract with the Department of Law, has particular expertise in                                                                
intellectual property and patent law.  Mr. Turner estimates that it                                                             
will roughly cost $2,500 per project to register a security                                                                     
interest and file patents.  There is the issue of how often is that                                                             
cost effective not to mention that the filing fees have to be                                                                   
spread over three years.  Therefore, that would result in $2,500                                                                
times the 63 projects that are now in the process.  Additionally,                                                               
some ASTF time will be spent managing that intellectual property                                                                
because the state would be making patent decisions.  The fiscal                                                                 
note presents the lowest cost scenario.  Mr. Kenworthy stated that                                                              
the alternative could be to have a nearly full-time position that                                                               
is not an attorney.  The legal work could be overseen by Mr. Turner                                                             
who estimated the cost for legal work to be $500 and $500 out of                                                                
pocket filing expenses.  The cost would be significant.                                                                         
                                                                                                                                
VICE CHAIRMAN HALCRO commented that the sponsor seems to be                                                                     
interested in the return on the investment and the monitoring of                                                                
grants.  If that is the concern, how will the cost of intellectual                                                              
property be repaid?  Where is the return in a project that does not                                                             
do well?                                                                                                                        
                                                                                                                                
MR. KENWORTHY stated that the statute, under HB 117, would require                                                              
investment in intellectual property whether ASTF felt it economic                                                               
or not.  Currently, ASTF has the authority to do a security                                                                     
interest which creates $10,000 to $12,000 in legal expenses from                                                                
ASTF and more than that from the entrepeneur.  He noted that ASTF                                                               
has only utilized a security interest twice.  Rarely, does the cost                                                             
justify doing so.  Under HB 117, he believed the wrong person to be                                                             
making the decision.                                                                                                            
                                                                                                                                
REPRESENTATIVE HARRIS requested examples of projects that were                                                                  
started with ASTF grants that have developed.                                                                                   
                                                                                                                                
MR. KENWORTHY commented that ASTF has probably spent more money in                                                              
seafood than in any other arena.  For instance, the Arctic Alaska                                                               
North Pacific Processors salmon in the pouch process modified tuna                                                              
processing equipment in order to sell ready to eat salmon in a meal                                                             
pouch.  Also a new surimi process was developed in conjuction with                                                              
the Kodiak Chamber of Commerce.  The surimi process was only a                                                                  
$45,000 or $60,000 ASTF investment that led to an over $1 million                                                               
investment to turn out surimi at a lower cost and higher quality.                                                               
Mr. Kenworthy turned to wood products and pointed out that there is                                                             
a mill in Tyonek which makes bridge materials that are sold in the                                                              
Mat-Su Valley.  There will be a second mill in Nenana based on a                                                                
perservative process that a professor at the university discovered.                                                             
In the arena of hi-tech, Tim Newton of Integrated Power                                                                         
Technologies, Incorporated has a surge protector for large                                                                      
utilities which has been licensed and for which ASTF is receiving                                                               
a royalty.  Mr. Kenworthy noted that the Anchorage Daily News did                                                               
a survey of hi-tech firms in Anchorage of which half were original                                                              
ideas that ASTF backed.  Furthermore, the ASTF program is creating                                                              
about 130 jobs a year in the base.  Although that may not sound                                                                 
like many jobs, these are direct jobs in early stage firms which                                                                
start small and tend to grow.  He touched on the timber industry                                                                
for which ASTF received funding to do a wood grading program in                                                                 
which a grader talks to sawmill owners about dimensional lumber.                                                                
This illustrates how an entire segment of industry can be helped to                                                             
attack technical issues that  individually they can't address.                                                                  
                                                                                                                                
REPRESENTATIVE HARRIS asked if ASTF receives any payment.                                                                       
                                                                                                                                
MR. KENWORTHY clarified that with knowledge projects such as the                                                                
grading service of the Anchorage Seismology projects, there is no                                                               
proprietary technology to protect.  Therefore, there is no                                                                      
repayment.  When there is proprietary technology, a particular                                                                  
invention with patent protection or trade secrets, those are                                                                    
technology grants which are eligible for grant repayment.  Mr.                                                                  
Kenworthy agreed with Mr. Northrip's comments regarding the primary                                                             
purpose of ASTF, to grow the economic base of the state not to                                                                  
return on investments to ASTF.  Currently, ASTF is involved in a                                                                
paralytic shell fish poisoning test kit.  That is a public health                                                               
issue rather than trying to earn a return as a product.  By                                                                     
statute, all repayments go to the principal and the legislature                                                                 
annually appropriates earnings from the principal for ASTF and                                                                  
non-ASTF purposes.                                                                                                              
                                                                                                                                
Number 1203                                                                                                                     
                                                                                                                                
REPRESENTATIVE HARRIS inquired as to the procedural problems that                                                               
ASTF had with Alaska Power Systems.                                                                                             
                                                                                                                                
MR. KENWORTHY said that ASTF did a number of things with that grant                                                             
due to the controversy surrounding it.  For instance, ASTF hired a                                                              
third party consultant to provide a report due to the claim that it                                                             
wasn't new technology.  Also Alaska Power System was requested to                                                               
make public their technology plans.  "The board believed that                                                                   
digital technology has such a potential to take costs out of rural                                                              
power, ... there's villages out there getting eight to ten                                                                      
killowatts a gallon which is just very low efficiency.  If we could                                                             
have digital controls where you could ... sit in an Anchorage                                                                   
office and be able to monitor from sensors, ..., when the machine                                                               
is going to blow up because of oil or calibrate the which ones will                                                             
go on to get the peak loading and get most efficiency that would                                                                
save a lot of money."  The controversy arises from the issue of                                                                 
competition in rural utilities and whether rural utilities want                                                                 
technology.  That technology has since been licensed and the                                                                    
company has left the state.  Mr. Kenworthy predicted that the                                                                   
technology will show up in Alaska some day, but "the issue that                                                                 
that technology will show up in Alaska may be later rather than                                                                 
sooner and deployed other places is partly an issue of how we                                                                   
regulate utilities and how much competition is allowed."  He                                                                    
emphasized that in order to separate the issue of the technology                                                                
and the company that was providing utility services, ASTF required                                                              
a completely separate company to be established.  The utility                                                                   
company has left, but the technology has been licensed and will be                                                              
imbedded in other project products.                                                                                             
                                                                                                                                
REPRESENTATIVE BRICE inquired as to what would happen with grants                                                               
that are currently administered by ASTF if HB 117, which does not                                                               
have an effective date, passes.                                                                                                 
                                                                                                                                
MS. SWENSON explained that under HB 117, ASTF would have to review                                                              
grants for which it has not received repayment or adequate                                                                      
reporting.  The records would have to be brought up to standard.                                                                
                                                                                                                                
REPRESENTATIVE BRICE asked what that would mean in terms of the                                                                 
workload for ASTF to bring every outstanding ASTF grant in                                                                      
compliance with HB 117.                                                                                                         
                                                                                                                                
Number 1449                                                                                                                     
                                                                                                                                
MR. KENWORTHY stated that currently, there are 63 technology                                                                    
projects.  From the bill's language, he could not tell if he would                                                              
be required to implement this retroactively and implement a                                                                     
security interest in existing grants.  Mr. Kenworthy noted that he                                                              
did not have a legal opinion on that matter, but if ASTF were to do                                                             
this retroactively the fiscal note estimates the cost.                                                                          
                                                                                                                                
MS. SWENSON commented that she did not believe that Representative                                                              
Bunde envisioned ASTF actually taking hold of intellectual property                                                             
and other property that are in existing grants.  She did not                                                                    
imagine that the sponsor meant for ASTF to act retroactively on the                                                             
63 projects.  If the desire is to set a date specific for this to                                                               
occur, she indicated that would be acceptable.  However, the other                                                              
recommendations included from the LB&A audit should be followed and                                                             
placed in statute.                                                                                                              
                                                                                                                                
VICE CHAIRMAN HALCRO referred to the sponsor's opening statement                                                                
which spoke to the notion that the accountability on certain grants                                                             
was questionable.  He inquired as to where in the findings and                                                                  
summary it suggests that the legislature mandate that ASTF should                                                               
take a security interest in patents or copyrights.                                                                              
                                                                                                                                
MS. SWENSON said that she didn't believe there was a direct                                                                     
recommendation.  She indicated that Representative Bunde wanted                                                                 
that because he knew of a project in Mat-Su where a large amount of                                                             
equipment was purchased with grant money, the project went under,                                                               
but that person still holds the equipment.  Therefore, he wanted a                                                              
security interest or ownership taken.                                                                                           
                                                                                                                                
VICE CHAIRMAN HALCRO indicated that ASTF shouldn't be required to                                                               
take a security interest in everything, only those projects that                                                                
fail should the state maintain the right to seize the equipment.                                                                
He understood the audit to say,"that the disposal of                                                                            
equipment--sort of the practice of allowing grantees to keep the                                                                
equipment was reasonable."                                                                                                      
                                                                                                                                
MS. SWENSON responded that Representative Bunde would probably                                                                  
agree with that.  She was certain that Representative Bunde did not                                                             
want anyone to keep equipment purchased with ASTF grants once the                                                               
business goes under; the equipment should technically become state                                                              
property that the state should dispose of.  Furthermore, she didn't                                                             
believe that Representative Bunde envisioned the entire process                                                                 
requiring taking ownership or a security interest in intellectual                                                               
property.  He was addressing machinery and materials.  Ms. Swenson                                                              
commented that she didn't know his thoughts about intellectual                                                                  
property.  However, he would probably agree with returning whatever                                                             
was received.                                                                                                                   
                                                                                                                                
REPRESENTATIVE CISSNA asked if the project to which Ms. Swenson had                                                             
referred was an ASTF project.                                                                                                   
                                                                                                                                
MS. SWENSON replied yes.                                                                                                        
                                                                                                                                
MR. KENWORTHY surmised she was referring to Mr. Harrison's wood                                                                 
project.  Mr. Harrison has put over $200,000 into the project to                                                                
make it a success.  Mr. Harrison has a partner who has relocated to                                                             
Kenai and is shipping wood out of Kake to complete the process.                                                                 
The project has not been abandoned.  Mr. Kenworthy explained that                                                               
Mr. Harrison had not decided to do a licensing deal with an                                                                     
individual who then asked ASTF for the intellectual property.  That                                                             
is an example of how this can get off track.                                                                                    
                                                                                                                                
The gavel was returned to Chairman Rokeberg who called an at-ease                                                               
at 4:45 p.m.  The committee was called back to order at 4:49 p.m.                                                               
                                                                                                                                
CHAIRMAN ROKEBERG announced that the committee would not address HB
183 today.  He returned to discussion regarding HB 117.  Chairman                                                               
Rokeberg asked Mr. Kenworthy if he would prefer on page 2, line 7                                                               
of HB 117 "shall" to be changed to "may."                                                                                       
                                                                                                                                
MR. KENWORTHY responded that he saw no need to change the existing                                                              
statute.                                                                                                                        
                                                                                                                                
CHAIRMAN ROKEBERG stated that he would entertain a motion for                                                                   
conceptual Amendment 1.                                                                                                         
                                                                                                                                
Number 1955                                                                                                                     
                                                                                                                                
REPRESENTATIVE HALCRO moved that the committee adopt Amendment 1:                                                               
                                                                                                                                
     Page 2, line 7                                                                                                             
          Delete "shall"                                                                                                        
          Insert "may"                                                                                                          
                                                                                                                                
There being no objection, conceptual Amendment 1 was adopted.                                                                   
                                                                                                                                
CHAIRMAN ROKEBERG referred to page 2, lines 11-12 which requires                                                                
grantees to submit certified financial statements.  The auditor                                                                 
believed that could be "toned down."  He noted that he brought the                                                              
high cost of certification to Representative Bunde's attention.  Is                                                             
it legal for ASTF to ask its grantees to provide their federal tax                                                              
returns?                                                                                                                        
                                                                                                                                
MR. KENWORTHY answered yes.  Under provision 29 of ASTF's standard                                                              
grant agreement, ASTF has the right to site and records inspection.                                                             
No additional authority is necessary for ASTF to have audit and                                                                 
inspection rights because the grantee agrees to that when the grant                                                             
is accepted.                                                                                                                    
                                                                                                                                
CHAIRMAN ROKEBERG asked if requiring grantees to submit annual tax                                                              
returns and/or financial statements would raise the standard and                                                                
provide more information.                                                                                                       
                                                                                                                                
MR. KENWORTHY noted that as a matter of course annual tax returns                                                               
are not requested, but ASTF has inspection rights.  Therefore,                                                                  
statements of revenue are provided.  Mr. Kenworthy said that the                                                                
language would not change ASTF's practice because only if there are                                                             
questions does ASTF perform more diligence looking for records.                                                                 
There have not been situations in which people hide revenue.                                                                    
                                                                                                                                
MS. SWENSON commented that sometimes more diligence leads to more                                                               
questions.                                                                                                                      
                                                                                                                                
MR. KENWORTHY, in response to Chairman Rokeberg, stated that this                                                               
provision will not require paperwork.  He reiterated that the                                                                   
provision will not change the current practice.  When ASTF looks                                                                
for audited financial statements, sales or rather the gross revenue                                                             
which comes out of the product sales is reviewed.  The auditing of                                                              
sales is easier to audit than profit.                                                                                           
                                                                                                                                
CHAIRMAN ROKEBERG pointed out that this provision requires annual                                                               
certified financial statements.                                                                                                 
                                                                                                                                
MR. KENWORTHY expressed concern with the certification requirement                                                              
because of the high cost of certification.  For example, a $20,000                                                              
project would result in a price tag of about $3,500 for an audit.                                                               
He informed the committee that the board includes the President of                                                              
the National Bank of Alaska.  The board discussed ASTF's fiduciary                                                              
responsibility; "what expense should we be jointly under with our                                                               
grantees in these struggling businesses?"  It was decided to audit                                                              
everything over $50,000 which is a higher standard than state law.                                                              
Sometimes ASTF audits below $50,000 based upon whether there is the                                                             
feeling something is missing.  Therefore, ASTF requires self                                                                    
certification.  CPA certification is required if ASTF feels it is                                                               
necessary.  Mr. Kenworthy did not believe that the committee would                                                              
want to establish a rule that applied to all cases because that                                                                 
would result in money being wasted.                                                                                             
                                                                                                                                
Number 2243                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG inquired as to what Mr. Kenworthy would view as                                                               
acceptable with regard to the reporting of financial conditions.                                                                
                                                                                                                                
MR. KENWORTHY indicated that for those grantees with a repayment                                                                
obligation, requirements of annual financial statements and other                                                               
records may be appropriate.  He reiterated that ASTF has fairly                                                                 
broad power to review financial records which is evidenced in                                                                   
Section 29 of the ASTF standard grant agreement.                                                                                
                                                                                                                                
CHAIRMAN ROKEBERG asked if it would be appropriate then to on page                                                              
2, line 11, delete  "certified" and require that ASTF receive an                                                                
annual report.                                                                                                                  
                                                                                                                                
MR. KENWORTHY explained that currently, ASTF requires grantees to                                                               
maintain records for five years in order for ASTF to monitor                                                                    
repayment obligation.  That authority is included under the grant                                                               
agreement.  He said that changing "shall" to "may" and deleting                                                                 
"certified" on page 2 would allow cost-effective decisions to be                                                                
made.  However, it is the committee's decision as to whether the                                                                
change is necessary.                                                                                                            
                                                                                                                                
REPRESENTATIVE HALCRO moved that the committee adopt the following                                                              
conceptual amendment labelled Amendment 2:                                                                                      
                                                                                                                                
     Page 2, line 11                                                                                                            
          Delete "certified"                                                                                                    
                                                                                                                                
There being no objection, Amendment 2 was adopted.                                                                              
                                                                                                                                
TAPE 99-53, SIDE A                                                                                                              
                                                                                                                                
REPRESENTATIVE HALCRO asked if ASTF requests the attorney general's                                                             
help when there is no response from the grantee.                                                                                
                                                                                                                                
MR. KENWORTHY said that there has not been such a case.  Regardless                                                             
of whether the statute is changed, Mr. Kenworthy felt that he would                                                             
approach the attorney general if he felt someone was "stiffing the                                                              
state."  Such action has been discussed in one situation.  Mr.                                                                  
Kenworthy believed that he already has that authority.                                                                          
                                                                                                                                
REPRESENTATIVE MURKOWSKI commented that it already appears that                                                                 
ASTF has the authority to approach the attorney general for                                                                     
assistance in a collection effort.  Therefore, is it necessary to                                                               
include the last sentence in Section 2 of the bill?                                                                             
                                                                                                                                
MR. KENWORTHY answered that he did not think so and added that he                                                               
did not believe Section 2 in its entirety, with the word "may", is                                                              
necessary.  Mr. Kenworthy pointed out that page 2, line 12 reads,                                                               
"until repayment has occurred."  Currently, ASTF requires records                                                               
to be kept for five years; this is a requirement in perpetuity.  He                                                             
read the language to mean that the requirement would be in                                                                      
perpetuity.  If full repayment has not occurred, then audits would                                                              
be required.  Mr. Kenworthy agreed that continuing audits for those                                                             
who owe ASTF money is necessary, but he highlighted that the audits                                                             
should occur only if it is a viable enterprise.  He was not sure                                                                
that he had discretion.                                                                                                         
                                                                                                                                
CHAIRMAN ROKEBERG said that he believed it was implicit that if it                                                              
is a defunct business, a report would not be required.  Chairman                                                                
Rokeberg indicated that this could be amended if the committee saw                                                              
fit.  He announced that his objective was to accommodate Mr.                                                                    
Kenworthy and move HB 117 out of committee.                                                                                     
                                                                                                                                
MR. KENWORTHY agreed with Representative Cissna that the language                                                               
"until repayment has occurred" is the problem.  He pointed out that                                                             
the repayment is 1.5 percent times the amount of the grant in                                                                   
perpetuity.  "The question is if you're going to require audits and                                                             
then LB&A is going come audit me to see whether I have an audit                                                                 
that says there were no assets there that I can tax at that five                                                                
percent.  What's the cost-effectiveness of doing that?"                                                                         
                                                                                                                                
Number 0355                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG offered a conceptual amendment labelled Amendment                                                             
3:                                                                                                                              
                                                                                                                                
     Page 2, line 12, after "until"                                                                                             
          Insert "the obligation is satisfied or ceases                                                                         
          to exist."                                                                                                            
                                                                                                                                
REPRESENTATIVE HALCRO commented that ASTF has been in existence for                                                             
11 years and the statute has never been addressed with regard to                                                                
bankruptcy.  Has there been a case where bankruptcy occurred and if                                                             
so, what did ASTF do?                                                                                                           
                                                                                                                                
MR. KENWORTHY said that he didn't recall any bankruptcy while ASTF                                                              
was funding a project.  Alaska Power Systems may be considered in                                                               
bankruptcy, but that is the utility company not the technology                                                                  
company that ASTF required to be split from the utility service.                                                                
He acknowledged that companies do cease to be operating entities                                                                
and go through bankruptcy afterwards.  In reference to Amendment 3,                                                             
Mr. Kenworthy asked if the language "ceases to exist" refers to the                                                             
obligation or the business.                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG replied both.  He asked if there was objection to                                                             
Amendment 3.  There being no objection, Amendment 3 was adopted.                                                                
                                                                                                                                
REPRESENTATIVE BRICE expressed the need to clarify that the                                                                     
provisions in HB 117 would not take effect on current grants, but                                                               
will effect those grants awarded after the effective date.                                                                      
Representative Brice so moved                                                                                                   
                                                                                                                                
REPRESENTATIVE HALCRO asked if that would only apply to the                                                                     
reporting obligations.                                                                                                          
                                                                                                                                
REPRESENTATIVE BRICE specified that it refers to the provisions of                                                              
this Act.                                                                                                                       
                                                                                                                                
REPRESENTATIVE HALCRO understood the impetus for HB 117 to be the                                                               
LB&A audit which recommended that ASTF enforce post grant reporting                                                             
requirements, et cetera.  Therefore, it would apply to existing                                                                 
grants.                                                                                                                         
                                                                                                                                
REPRESENTATIVE BRICE pointed out that there are currently 63 grants                                                             
which would have to be reviewed to make changes and provisions.                                                                 
                                                                                                                                
MR. KENWORTHY said that if "may" is utilized he would review those                                                              
grants in which situations it would make sense to do so.  He                                                                    
believed that has already been done with the cases in which ASTF                                                                
took the legal expenses to file security interests (indisc.).  If                                                               
the committe wanted to insert a date that would be specific.                                                                    
                                                                                                                                
REPRESENTATIVE BRICE clarified that he believed that the dicussion                                                              
was regarding provisions under subsection (l) which deal with the                                                               
ownership of equipment.  There may be some grants that clearly                                                                  
stipulate to the contrary of subsection (l).                                                                                    
                                                                                                                                
MS. SWENSON pointed out that with the change in language to "may"                                                               
there does not need to be an insertion of an effective anything.                                                                
                                                                                                                                
REPRESENTATIVE CISSNA agreed with Ms. Swenson that the language                                                                 
change leaves the retrospective aspect to the discretion of ASTF.                                                               
                                                                                                                                
REPRESENTATIVE MURKOWSKI clarified that the "may" language only                                                                 
refers to taking a security interest.  There is "shall" language                                                                
which refers to the repayment obligations, financial statements, et                                                             
cetera.  Therefore, it would depend upon how retroactive it is                                                                  
intended.                                                                                                                       
                                                                                                                                
REPRESENTATIVE HALCRO informed the committee that his aide,                                                                     
Jonathon Lack, had informed him that grants are contracts and                                                                   
cannot be retroactively changed.  Therefore, the terms and                                                                      
conditions of the current 63 grants could not arbitrarely be                                                                    
changed.                                                                                                                        
                                                                                                                                
REPRESENTATIVE BRICE commented that conflicting statutes are being                                                              
established because subsections (i) and (l) are not submissive to                                                               
subsection (g).  Furthermore, there could be conflicts between the                                                              
contracts and the statutes.                                                                                                     
                                                                                                                                
Number 0989                                                                                                                     
                                                                                                                                
MR. KENWORTHY explained that ASTF's existing practice is to require                                                             
a detailed budget which lists each piece of equipment.  When the                                                                
final audit occurs, ASTF sees what was purchased and ASTF owns that                                                             
equipment until the final report.  At the final report, the board                                                               
receives a full report of what the project did.  The board then                                                                 
makes an action to dispose of the equipment.  Mr. Kenworthy                                                                     
identified one issue as the need for the equipment in order for the                                                             
business to continue.  Complications occur when ASTF holds the                                                                  
equipment after the final report when other investors are being                                                                 
sought.  Furthermore, a piece of equipment could have been paid for                                                             
by the entrepeneur, ASTF, and an investor which makes it more                                                                   
difficult to dissemble.  Mr. Kenworthy pointed out that LB&A didn't                                                             
identify any problems with what equipment ASTF owns and the process                                                             
by which equipment is disposed.                                                                                                 
                                                                                                                                
REPRESENTATIVE BRICE inquired as to why then is the committee                                                                   
addressing that part.                                                                                                           
                                                                                                                                
REPRESENTATIVE MURKOWSKI asked if ASTF takes a UCC filing on the                                                                
equipment.                                                                                                                      
                                                                                                                                
MR. KENWORTHY answered that in some cases a UCC filing is taken,                                                                
but that is an issue of cost effectiveness.                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG asked if in Section 4, the sponsor of HB 117 was                                                              
expressing the need for ASTF to go after something more                                                                         
aggressively.  Chairman Rokeberg surmised that Section 4 is trying                                                              
to tell ASTF to go after grantees that have not made repayments and                                                             
ASTF has not gone after the equipment.                                                                                          
                                                                                                                                
REPRESENTATIVE HALCRO interjected that the example given wasn't                                                                 
even relative because it is still an ongoing concern.                                                                           
                                                                                                                                
MS. SWENSON stated that the aforementioned situation with Mr.                                                                   
Harrison has changed since their first knowledge of it.                                                                         
                                                                                                                                
CHAIRMAN ROKEBERG asked if all of ASTF's grantees are still in                                                                  
existence.                                                                                                                      
                                                                                                                                
MR. KENWORTHY said that some grantees are inactive.  He commented                                                               
that ASTF is taking more risk than the commercial private sector,                                                               
but less risk than the university with commercialization.  He                                                                   
reiterated that ASTF is more involved in seed capital than venture                                                              
capital.  He reiterated that ASTF is involved in the early stage                                                                
capital and taking the appropriate amount of risk for that stage.                                                               
                                                                                                                                
CHAIRMAN ROKEBERG asked if ASTF is a venture capitalist by taking                                                               
mandatory security interest.                                                                                                    
                                                                                                                                
MR. KENWORTHY expressed the need to review this more closely.                                                                   
However, this could be an administrative problem at the end of the                                                              
final report when if an equipment decision is not made, there would                                                             
be an ongoing relationship that has to be administered.  This would                                                             
be occuring as the company is attempting to find further investment                                                             
and partners; the company would have to show that the state still                                                               
owns its equipment.  Mr. Kenworthy didn't believe that the desire                                                               
would be to create barriers to increased investment in start up                                                                 
ventures.                                                                                                                       
                                                                                                                                
MS. SWENSON suggested that perhaps this issue be left and allow the                                                             
bill to move in order for Mr. Kenworthy to obtain more information                                                              
and the issue of the fiscal notes to be addressed in the House                                                                  
Finance Committee.                                                                                                              
                                                                                                                                
CHAIRMAN ROKEBERG commented that could be one strategy.  He asked                                                               
Mr. Kenworthy if the language on page 2, line 22 "in part" was of                                                               
concern with regard to multiple owners of equipment.                                                                            
                                                                                                                                
MR. KENWORTHY pointed out that the problem is that often a piece of                                                             
equipment is used to create a new piece of equipment which creates                                                              
a different ownership pattern.  "Imagine trying to get someone to                                                               
invest in a business where you have different ownership patterns                                                                
with a components of a machine."                                                                                                
                                                                                                                                
Number 1296                                                                                                                     
                                                                                                                                
REPRESENTATIVE BRICE withdrew Amendment 3.                                                                                      
                                                                                                                                
REPRESENTATIVE BRICE moved that the committee adopt the following                                                               
amendment:                                                                                                                      
                                                                                                                                
     Page 2, Delete lines 15-25                                                                                                 
                                                                                                                                
CHAIRMAN ROKEBERG clarified that Sections 3 and 4 are amended or                                                                
new sections.                                                                                                                   
                                                                                                                                
REPRESENTATIVE BRICE specified his intention to remove the proposed                                                             
changes.                                                                                                                        
                                                                                                                                
Therefore, on page 2, line 17 "Subject to (l) of this section, at"                                                              
would be removed and "At" inserted and all of Section 4 would be                                                                
deleted.                                                                                                                        
                                                                                                                                
CHAIRMAN ROKEBERG asked if there was objection to Representative                                                                
Brice's amendment.  There being no objection, it was so ordered.                                                                
                                                                                                                                
Number 1478                                                                                                                     
                                                                                                                                
REPRESENTATIVE BRICE moved to report HB 117 as amended out of                                                                   
committee with individual recommendations and the accompanying                                                                  
fiscal notes.                                                                                                                   
                                                                                                                                
REPRESENTATIVE HALCRO objected.  He emphasized that the committee                                                               
seems to have spent the last two hours fixing a problem that did                                                                
not need to be fixed.                                                                                                           
                                                                                                                                
MS. SWENSON commented that Representative Bunde intended for the                                                                
statute to contain the remedies for these recommendations.                                                                      
                                                                                                                                
REPRESENTATIVE HALCRO withdrew his objection.                                                                                   
                                                                                                                                
Therefore, there being no objection, CSHB 117(L&C) was reported                                                                 
from the House Labor & Commerce Standing Committee.                                                                             
                                                                                                                                
The committee took a brief at-ease from 5:23 p.m. to 5:28 p.m.                                                                  
                                                                                                                                
CSSB 51(L&C) - LICENSING OF COSMETOLOGISTS                                                                                      
                                                                                                                                
Number 1625                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG announced the committee's next order of business                                                              
is CSSB 51(L&C), "An Act relating to barbers, hairdressers,                                                                     
manicurists, and cosmetologists; providing that the only                                                                        
qualification necessary for licensure as a manicurist, other than                                                               
payment of fees, is completion of a class that is 12 hours in                                                                   
duration, addresses relevant health, safety, and hygiene concerns,                                                              
and is offered through a school approved by the Board of Barbers                                                                
and Hairdressers; and providing for an effective date."  The                                                                    
chairman stated the K Version [proposed committee substitute (CS)                                                               
1-LS0378\K, Lauterbach, 4/21/99] had been formally adopted by the                                                               
committee and is before it.  He invited the bill sponsor's                                                                      
representative forward to speak about the K.1 amendment.                                                                        
                                                                                                                                
Number 1641                                                                                                                     
                                                                                                                                
DOUG SALIK, Researcher for Senator Tim Kelly, Alaska State                                                                      
Legislature, came forward as the aide to the Senate Community and                                                               
Regional Affairs Standing Committee, the bill sponsor.  The K.1                                                                 
amendment has been drafted for clarification and as an attempt to                                                               
solve some of the concerns brought to the Senate Community and                                                                  
Regional Affairs Committee regarding Senate Bill 51.  Mr. Salik                                                                 
indicated the amendment does not follow the Senate Community and                                                                
Regional Affairs Committee's wishes exactly; a few things were                                                                  
missed and a few things included in error.  The K.1 amendment's                                                                 
intent is to allow a second-tier manicurist licensing, an advanced                                                              
manicurist licensing.  The creation of a 250-hour class would be                                                                
allowed.  In the original legislation, a person would be certified                                                              
for health, safety and hygiene with a 12-hour class.  Mr. Salik                                                                 
indicated this amendment would allow a person to receive additional                                                             
licensing as an advanced manicurist through a further 250-hour                                                                  
course concerning more technical procedures in manicuring.  Mr.                                                                 
Salik wished Ms. Reardon [Director, Division of Occupational                                                                    
Licensing, Department of Commerce and Economic Development] to                                                                  
review the amendment and explain some problems she has found.                                                                   
                                                                                                                                
REPRESENTATIVE MURKOWSKI made a motion to adopt Amendment K.1.                                                                  
Amendment K.1, labeled 1-LS0378\K.1, Lauterbach, 5/5/99, read                                                                   
[before the two subsequent amendments to the amendment]:                                                                        
                                                                                                                                
     Page 2, line 22, following "hairdressing,":                                                                                
          Insert "advanced manicuring,"                                                                                         
                                                                                                                                
     Page 2, line 24, following "licensure":                                                                                    
          Insert "or endorsement"                                                                                               
                                                                                                                                
     Page 2, line 27, following "manicuring":                                                                                   
          Insert"; however, nothing in this sentence prohibits                                                                  
     the board from requiring a licensed manicurist to pass an                                                                  
     examination to obtain an optional endorsement as an                                                                        
     advanced manicurist under AS 08.13.080(c)"                                                                                 
                                                                                                                                
     Page 3, line 9, following ";":                                                                                             
          Insert "however, an instructor for hairdressing may                                                                   
     teach in a school of manicuring if the instructor teaches                                                                  
     only courses that satisfy the requirements of AS                                                                           
     08.13.110(b);"                                                                                                             
                                                                                                                                
     Page 4, line 9:                                                                                                            
          Delete "a new subsection"                                                                                             
          Insert "new subsections"                                                                                              
                                                                                                                                
     Page 4, line 12, following "course":                                                                                       
          Insert "approved under AS 08.13.110(b)"                                                                               
                                                                                                                                
     Page 4, following line 17:                                                                                                 
          Insert a new subsection to read:                                                                                      
               "(c) The board shall add an endorsement to a                                                                     
          license to practice manicuring or hairdressing                                                                        
          indicating that the person is an advanced                                                                             
          manicurist if the person                                                                                              
                    (1) holds, or has been approved for, a                                                                      
          current license issued under this chapter for                                                                         
          manicuring or hairdressing;                                                                                           
                    (2) requests the endorsement;                                                                               
                    (3) submits documentation from a licensed                                                                   
          school of manicuring or hairdressing certifying                                                                       
          completion of 250 hours of instruction in                                                                             
          manicuring that meet the requirements of AS                                                                           
          08.13.110(c);                                                                                                         
                    (4) passes an examination given by the                                                                      
          board for advanced manicurists; and                                                                                   
                    (5) pays the appropriate fee."                                                                              
                                                                                                                                
     Page 5, line 5, following "license":                                                                                       
          Insert "or endorsement"                                                                                               
                                                                                                                                
     Page 5, line 26:                                                                                                           
          Delete "a new subsection"                                                                                             
          Insert "new subsections"                                                                                              
                                                                                                                                
     Page 5, line 27:                                                                                                           
          Delete all material and insert:                                                                                       
               "(b) The board shall issue a license to a                                                                        
          school of manicuring if it offers"                                                                                    
                                                                                                                                
     Page 5, line 28, following "training":                                                                                     
          Insert "approved by the board"                                                                                        
                                                                                                                                
     Page 6, following line 4:                                                                                                  
          Insert a new subsection to read:                                                                                      
               "(c) A school of manicuring may seek approval                                                                    
          from the board for a curriculum designed to qualify                                                                   
          students for an advanced manicurist endorsement.                                                                      
          The board shall establish the curriculum                                                                              
          requirements applicable under this subsection                                                                         
          through its authority under (a) of this section."                                                                     
                                                                                                                                
     Page 6, line 15, following "manicurist":                                                                                   
          Insert "or hairdresser"                                                                                               
                                                                                                                                
     Page 6, line 16, following "manicurist":                                                                                   
          Insert "or hairdresser"                                                                                               
                                                                                                                                
     Page 6, line 17, following "concerns":                                                                                     
          Insert "related to the practice of manicuring"                                                                        
                                                                                                                                
     Page 6, line 29, following "(2)":                                                                                          
          Insert "the practice of manicuring by a student as                                                                    
     part of instruction in a 12-hour course approved under AS                                                                  
     08.13.110(b);                                                                                                              
               (3)"                                                                                                             
                                                                                                                                
     Page 6, line 30:                                                                                                           
          Delete "(3)"                                                                                                          
          Insert "(4) [(3)]"                                                                                                    
                                                                                                                                
     Page 6, line 31:                                                                                                           
          Delete "(4)"                                                                                                          
          Insert "(5) [(4)]"                                                                                                    
                                                                                                                                
     Page 7, line 24:                                                                                                           
          Delete "manicuring,"                                                                                                  
                                                                                                                                
     Page 7, line 27:                                                                                                           
          Delete "manicuring or"                                                                                                
                                                                                                                                
     Page 7, lines 30 - 31:                                                                                                     
          Delete "if the permit is for the practice of                                                                          
     barbering, hairdressing, or esthetics"                                                                                     
                                                                                                                                
     Page 8, line 4, following "licenses":                                                                                      
          Insert ", endorsements,"                                                                                              
                                                                                                                                
     Page 8, lines 13 - 15:                                                                                                     
          Delete                                                                                                                
               "(9) [(8)] temporary permit;                                                                                     
               (10) temporary license;                                                                                          
               (11) [(9)] student permit."                                                                                      
          Insert                                                                                                                
               "(9) endorsement for advanced manicurist;                                                                        
               (10) [(8)] temporary permit;                                                                                     
               (11) temporary license;                                                                                          
               (12) [(9)] student permit."                                                                                      
                                                                                                                                
REPRESENTATIVE BRICE objected for purposes of discussion.                                                                       
                                                                                                                                
CHAIRMAN ROKEBERG requested Ms. Reardon's recommendations.                                                                      
                                                                                                                                
Number 1767                                                                                                                     
                                                                                                                                
CATHERINE REARDON, Director, Division of Occupational Licensing,                                                                
Department of Commerce and Economic Development (DCED), came                                                                    
forward.  Ms. Reardon agreed to speak first to the two adjustments                                                              
she would like to see to the amendment, then explain the entire                                                                 
amendment.  1) Ms. Reardon recommended that lines 1 through 4, page                                                             
3, of the written amendment be deleted.  [Page 3, lines 1-4,                                                                    
Amendment K.1, read:                                                                                                            
                                                                                                                                
     Page 6, line 15, following "manicurist":                                                                                   
          Insert "or hairdresser"                                                                                               
                                                                                                                                
     Page 6, line 16, following "manicurist":                                                                                   
          Insert "or hairdresser"]                                                                                              
                                                                                                                                
MS. REARDON explained the insertion of this language, "or                                                                       
hairdresser", in these two locations would require that the                                                                     
language for the manicurist license regarding the health, safety                                                                
and hygiene training also appear on the hairdresser license,                                                                    
indicating that the hairdresser has taken the 12-hour manicuring                                                                
course.  Ms. Reardon indicated she did not think this was the                                                                   
sponsor's or the current committee's intent.  She did note that                                                                 
hairdressers are allowed to practice manicuring under this                                                                      
legislation.                                                                                                                    
                                                                                                                                
CHAIRMAN ROKEBERG requested the judgement of the subcommittee.                                                                  
                                                                                                                                
The three members of the subcommittee - Representatives Brice,                                                                  
Murkowski and Cissna - agreed the language should be deleted in                                                                 
accordance with Ms. Reardon's recommendation.                                                                                   
                                                                                                                                
Number 1848                                                                                                                     
                                                                                                                                
MS. REARDON stated the other item is a conceptual amendment                                                                     
concerning instructors.  It would replace lines 9 through 12 on                                                                 
page 1 of the written amendment.  [Page 1, lines 9-12, Amendment                                                                
K.1, read:                                                                                                                      
                                                                                                                                
     Page 3, line 9, following ";":                                                                                             
          Insert "however, an instructor for hairdressing may                                                                   
     teach in a school of manicuring if the instructor teaches                                                                  
     only courses that satisfy the requirements of AS                                                                           
     08.13.110(b);"]                                                                                                            
                                                                                                                                
MS. REARDON explained it had been realized that there would be no                                                               
mechanism to have people who could instruct the manicurist course.                                                              
The existing statute says that in order to instruct in any field of                                                             
practice, a person must have held the license as a practitioner                                                                 
for, Ms. Reardon believes, 2 years and also have 600 hours of                                                                   
additional training.  Ms. Reardon indicated no one in the state                                                                 
would fulfill these requirements since the manicurist license would                                                             
be created with this legislation.  A "catch-22" would be created                                                                
where no one could instruct and therefore no one could get a                                                                    
license.  As the amendment currently reads, an instructor for                                                                   
hairdressing would be allowed teach the manicuring course.  Ms.                                                                 
Reardon believes it was the sponsor's intent to allow an instructor                                                             
for hairdressing to teach the 12-hour course.  The conceptual                                                                   
amendment would clarify that an instructor in hairdressing can                                                                  
automatically teach the 12-hour course, but it would be up to the                                                               
board to determine by regulation the instructor requirements for                                                                
the 250-hour course.                                                                                                            
                                                                                                                                
MS. REARDON indicated it is probably not desirable to have                                                                      
hairdresser instructors, who may only have 12 hours of manicuring                                                               
instruction themselves, teaching the 250-hour advanced manicuring                                                               
course.  It would probably be desirable to have someone who is an                                                               
advanced manicurist as an instructor.  Ms. Reardon further                                                                      
indicated she thought the sponsor felt it would be better to allow                                                              
the board to determine this through regulation than to attempt to                                                               
specify the exact training an advanced manicuring instructor would                                                              
need.  Ms. Reardon stated the suggestion would be to replace lines                                                              
9 to 12 [page 1] of the current amendment with a conceptual                                                                     
amendment stating, "An instructor for hairdressing ... can instruct                                                             
a manicuring 12-hour course, but 'regs' [regulations] must be                                                                   
written to determine who can instruct the course longer than                                                                    
12-hours."  Ms. Reardon noted the conceptual amendment should also                                                              
include any necessary conforming items.                                                                                         
                                                                                                                                
CHAIRMAN ROKEBERG confirmed Ms. Seitz, aide to the House Labor and                                                              
Commerce Standing Committee, had the suggested language.  He                                                                    
indicated the committee would move the following language.                                                                      
                                                                                                                                
Number 1960                                                                                                                     
                                                                                                                                
JANET SEITZ, Legislative Assistant to Representative Norman                                                                     
Rokeberg, as aide to the House Labor and Commerce Standing                                                                      
Committee stated, "Clarify that ... [an] instructor for                                                                         
hairdressing may instruct the manicuring 12-hour course, but it's                                                               
up to the board to develop regulations for instructors for advanced                                                             
courses.                                                                                                                        
                                                                                                                                
CHAIRMAN ROKEBERG noted this is in the form of a conceptual                                                                     
amendment.  He asked if there were any objections.                                                                              
                                                                                                                                
REPRESENTATIVE BRICE objected.  He assumes there are current                                                                    
regulations establishing who can teach manicuring for hairdressers.                                                             
                                                                                                                                
MS. REARDON clarified they call those hairdresser instructors.                                                                  
                                                                                                                                
CHAIRMAN ROKEBERG mentioned "component part."                                                                                   
                                                                                                                                
REPRESENTATIVE BRICE agreed.  He suggested they say, "The board can                                                             
develop their instructor requirements for both, rather than --"                                                                 
                                                                                                                                
MS. REARDON indicated that was fine.                                                                                            
                                                                                                                                
CHAIRMAN ROKEBERG indicated the board already has regulations for                                                               
hairdressers.  He added, "We need some immediacy in order to get                                                                
these folks (indisc.--talked over) 12 hours so..."                                                                              
                                                                                                                                
REPRESENTATIVE BRICE talked over, "So the board's not spinning                                                                  
around trying to (indisc.--talked over) for the 12 hour."                                                                       
                                                                                                                                
CHAIRMAN ROKEBERG talked over and agreed, "Right, let's not do that                                                             
... let's leave the conceptual amendment alone because that's what                                                              
it does.  It leaves the hairdressers in place to instruct the                                                                   
12-hour certification, then it allows the board to develop the                                                                  
regulations to provide for the instructor qualifications for the                                                                
longer course.  That's what the intent..."                                                                                      
                                                                                                                                
REPRESENTATIVE BRICE agreed and added, "Which they already have,                                                                
okay ...."  He removed his objection.                                                                                           
                                                                                                                                
CHAIRMAN ROKEBERG confirmed there were no other objections to the                                                               
first conceptual amendment to Amendment K.1, possibly designating                                                               
Amendment K.1 as Amendment 1.  As there was no further objection,                                                               
the conceptual amendment to the amendment was adopted.                                                                          
                                                                                                                                
Number 2040                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG made a motion to amend Amendment K.1 by deleting                                                              
lines 1 through 4 on page 3.  There being no objection, it was so                                                               
ordered.                                                                                                                        
                                                                                                                                
Number 2078                                                                                                                     
                                                                                                                                
MS. REARDON proceeded to explain Amendment K.1 as amended,                                                                      
beginning with page 1 of the written amendment.  Lines 1 through 8                                                              
are conforming adjustments to make it clear that a board                                                                        
examination is mandatory for the advanced manicuring endorsement.                                                               
Lines 9 through 12 have been replaced with the conceptual                                                                       
amendment.  Lines 13 through 15 corrects grammar because there will                                                             
now be two sections.  Lines 16 and 17 refer to the 12-hour course;                                                              
documentation must be submitted that a person has completed a                                                                   
manicuring course approved under the manicuring school licensing                                                                
section.  Lines 18 and 19 on page 1 and lines 1 through 11 on page                                                              
2 describe the requirements for the advanced manicuring                                                                         
endorsement.  Ms. Reardon indicated she thinks this is the core of                                                              
the sponsor's intent with this "bill" [amendment].                                                                              
                                                                                                                                
Number 2145                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG questioned that the 250 hours are acceptable to                                                               
Senator Tim Kelly.                                                                                                              
                                                                                                                                
MR. SALIK answered in the affirmative.                                                                                          
                                                                                                                                
REPRESENTATIVE HALCRO questioned that they had gone from 12 to 250.                                                             
                                                                                                                                
CHAIRMAN ROKEBERG noted they had gone to 12 plus 250.                                                                           
                                                                                                                                
REPRESENTATIVE MURKOWSKI indicated an advanced endorsement for 250                                                              
hours has been included.                                                                                                        
                                                                                                                                
CHAIRMAN ROKEBERG asked about the concerns raised regarding                                                                     
utilization of Alaska Commission on Postsecondary Education (ACPE)                                                              
[Alaska Student Loan Corporation] monies.  The chairman indicated                                                               
he wished to know if there was satisfaction that abuses would not                                                               
be occurring.                                                                                                                   
                                                                                                                                
MR. SALIK answered it is correct.  He said they tried to choose a                                                               
number high enough that loans could be made.  Mr. Salik indicated                                                               
that if a large enough number of hours to cover most of the                                                                     
curriculum was selected but this number was under the threshold for                                                             
which a student loan could be granted, a class would be created                                                                 
that would be too costly for people to pay for themselves but for                                                               
which loans could not be received.  He further indicated the number                                                             
of hours chosen could allow for reciprocity with other states,                                                                  
would be eligible for loan monies, and would allow the majority of                                                              
the advanced manicuring techniques to be covered.                                                                               
                                                                                                                                
CHAIRMAN ROKEBERG noted, then, 250 hours had been chosen, not more                                                              
or less than that.                                                                                                              
                                                                                                                                
Number 2204                                                                                                                     
                                                                                                                                
MR. SALIK agreed.  He indicated this number had been based on other                                                             
states' requirements in the interests of reciprocity for an                                                                     
advanced manicurist course.                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG commented this would then prohibit a course of                                                                
more than 250 hours.  He indicated a longer course would increase                                                               
the tuition.                                                                                                                    
                                                                                                                                
MS. REARDON said she did not think this would prevent a school from                                                             
saying it offers a 1,000-hour course, but state only has to see 250                                                             
hours to provide someone the certification.                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG indicated the issue here, however, is Alaska                                                                  
Student Loans.                                                                                                                  
                                                                                                                                
MS. REARDON said she assumes ACPE will not loan for more hours than                                                             
it takes to get a license, but she is not 100 percent sure of this.                                                             
She noted she is also not 100 percent sure ACPE will choose to loan                                                             
on this type of program.  Ms. Reardon indicated ACPE might decide                                                               
the risk of non-repayment would be too high, no matter the                                                                      
legislation's language.                                                                                                         
                                                                                                                                
CHAIRMAN ROKEBERG asked Mr. Salik if he thinks that is an accurate                                                              
statement.                                                                                                                      
                                                                                                                                
MR. SALIK answered that is his understanding through their                                                                      
discussions with ACPE.  He indicated the commission was hesitant,                                                               
but the intent had been to not make the number of hours too high so                                                             
that ACPE would completely rule out the loaning capabilities.                                                                   
                                                                                                                                
Number 2255                                                                                                                     
                                                                                                                                
REPRESENTATIVE HALCRO asked about failure to repay the loan.                                                                    
                                                                                                                                
MR. SALIK indicated he didn't know ACPE's procedures in this                                                                    
situation.                                                                                                                      
                                                                                                                                
MS. REARDON indicated one consequence of non-repayment of an Alaska                                                             
Student Loan is non-renewal of an occupational license; therefore,                                                              
the person would lose the product which he/she obtained with that                                                               
loan.  Ms. Reardon continued with her explanation of Amendment K.1.                                                             
Referring to the language, "passes an examination", on page 2, line                                                             
9, of the printed amendment, she noted this is why the earlier                                                                  
conforming changes on page 1 had been made.  Lines 12 and 13 of                                                                 
page 2 refer to a section of the law which speaks about coming into                                                             
the profession through "credentialling" from another state.  It was                                                             
the intent to make it clear that a person could credential into the                                                             
advanced manicurist endorsement, as well as to the licenses, if                                                                 
she/he had the background.  Lines 14 through 16 of page 2 are                                                                   
grammar.  Ms. Reardon indicated the bottom of page 2 clarifies that                                                             
the board will set the curriculum for the 250 hours as it does for                                                              
the other programs.  Lines 1 through 4 at the top of page 3 have                                                                
been eliminated through the second amendment to the amendment.                                                                  
Continuing with page 3, lines 5 and 6 provide that the manicurist                                                               
license printout will say a person's health and safety training was                                                             
related to the practice of manicuring.                                                                                          
                                                                                                                                
Number 2350                                                                                                                     
                                                                                                                                
REPRESENTATIVE MURKOWSKI asked if the license for the endorsed                                                                  
manicurist degree would be different than the regular [manicurist]                                                              
license.                                                                                                                        
                                                                                                                                
MS. REARDON answered she perceives that someone would have a                                                                    
manicurist license with something additional on the license saying                                                              
that person has an endorsement as an advanced manicurist.  She                                                                  
explained that since the statute would require manicurists'                                                                     
licenses to say that the holder has taken the hygiene course, the                                                               
advanced manicurist's license would contain that language along                                                                 
with the likely wording, "with an advanced manicurist endorsement".                                                             
Ms. Reardon noted this is how contractor licenses with residential                                                              
endorsements are handled.  Returning to the explanation of the                                                                  
amendment, Ms. Reardon commented that lines 7 through 10 on page 3                                                              
of the printed amendment relate to the student permit.  This adds                                                               
an exemption for people who need to have licenses to work.  It says                                                             
that if someone is practicing manicuring as part of her/his 12-hour                                                             
course, she/he does not have to get a student permit.  The thought                                                              
was that if it is only a 12-hour course, obtaining a $50 student                                                                
permit from the division would only delay completion of the entire                                                              
course.  However, if someone is taking the 250-hour course and is                                                               
actually performing manicuring at a shop as part of her/his                                                                     
training, she/he will have to have the manicurist license first to                                                              
legally do that.  Ms. Reardon commented the rest of the printed                                                                 
amendment's page 3 is related to the student permit situation she                                                               
has described.  The final page, page 4, of the printed amendment                                                                
adds those endorsements as something the division can charge money                                                              
for.                                                                                                                            
                                                                                                                                
Number 2462                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG stated the committee has the amendment as amended                                                             
before it.  There being no objection, Amendment K.1, as amended,                                                                
was adopted.                                                                                                                    
                                                                                                                                
TAPE 99-53, SIDE B                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
MS. REARDON indicated that once the House CS is formally adopted,                                                               
the department will be able to prepare a fiscal note for it.                                                                    
Because people will be paying the division for the advanced                                                                     
manicurist exam and the division will be purchasing the exam, the                                                               
fiscal note presented to the next committee of referral [House                                                                  
Finance Standing Committee] will show a small amount of                                                                         
"pass-through money."                                                                                                           
                                                                                                                                
Number 0056                                                                                                                     
                                                                                                                                
REPRESENTATIVE MURKOWSKI made a motion to move the House CS                                                                     
[Version K], as amended, for CSSB 51(L&C) out of committee with the                                                             
attached fiscal notes and individual recommendations.  There being                                                              
no objection, HCS CSSB 51(L&C) moved out of the House Labor and                                                                 
Commerce Standing Committee.                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                     
                                                                                                                                
Number 0082                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG adjourned the House Labor and Commerce Standing                                                               
Committee meeting at 5:51 p.m.                                                                                                  

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