Legislature(1999 - 2000)
02/23/2000 03:20 PM House L&C
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE LABOR AND COMMERCE STANDING COMMITTEE
February 23, 2000
3:20 p.m.
MEMBERS PRESENT
Representative Norman Rokeberg, Chairman
Representative Andrew Halcro, Vice Chairman
Representative Lisa Murkowski
Representative John Harris
Representative Tom Brice
Representative Sharon Cissna
Representative Jerry Sanders
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CS FOR SENATE BILL NO. 229(FIN)
"An Act relating to the employment of hearing examiners,
arbitrators, and mediators by the Regulatory Commission of
Alaska; repealing a requirement that the principal office of the
Alaska Oil and Gas Conservation Commission move to the same
location as the principal office of the Regulatory Commission of
Alaska; relating to the sharing of record-keeping facilities and
clerical staff by the two commissions; and providing for an
effective date."
- MOVED CSSB 229(FIN) OUT OF COMMITTEE
HOUSE BILL NO. 314
"An Act clarifying the requirements for limited liability
companies and partnerships to qualify for the Alaska bidder's and
disability preferences under the State Procurement Code; and
providing for an effective date."
- MOVED HB 314 OUT OF COMMITTEE
CONFIRMATION HEARINGS:
Board of Accountants
Lottie C. Fleeks - Fairbanks
Dean W. Nelson - Anchorage
- CONFIRMATIONS ADVANCED
Board of Architects
Kathleen L. Gardner - Anchorage
Ernie Siemoneit - Healy
- CONFIRMATIONS ADVANCED
Board of Dental Examiners
Mary Ann Cerney - Fairbanks
David Grant Logan - Juneau
- CONFIRMATIONS ADVANCED
Board of Labor Relations
Richard D. Brickley - Fairbanks
Robert A. Doyle - Wasilla
- CONFIRMATIONS ADVANCED
Board of Marine Pilots
Jeffrey L. Thompson - Dutch Harbor
- CONFIRMATION ADVANCED
Board of Marital and Family Therapy
Vivian C. Finlay - Wasilla
Ann W. Swift - Fairbanks
- CONFIRMATIONS ADVANCED
State Medical Board
Irvin A. Rothrock - Fairbanks
- CONFIRMATION ADVANCED
Board of Midwives
Dana Brown - Fairbanks
Mark Richey - Anchorage
- CONFIRMATIONS ADVANCED
Board of Nursing
Lynn E. Hartz - Anchorage
Susan Rinker - Barrow
Nancy L. Sanders - Anchorage
Mary H. Weymiller - Fairbanks
- CONFIRMATIONS ADVANCED
Board of Occupational Safety
Timothy O. Sharp - Fairbanks
- CONFIRMATION ADVANCED
Board of Optometry
Aharon Sternberg - Anchorage
- CONFIRMATION ADVANCED
Board of Pharmacy
Mark D. Bohrer - Eagle River
Ron J. Miller - Chugiak
Laura Lee Nelson - Juneau
- CONFIRMATIONS ADVANCED
Board of Physical and Occupational Therapy
Dee Berline - Anchorage
- CONFIRMATION ADVANCED
Board of Professional Counselors
Sondra Sexton-Jones - Wrangell
- CONFIRMATION ADVANCED
Board of Real Estate Appraisers
Eileen R. Bechtol - Homer
- CONFIRMATION ADVANCED
Board of Social Work Examiners
Beverly Haywood - Juneau
- CONFIRMATION ADVANCED
Board of Veterinary Examiners
D. Jean Battig - Fairbanks
- CONFIRMATION ADVANCED
Worker's Compensation Commission
Harriet M. Lawlor - Anchorage
- CONFIRMATION ADVANCED
HOUSE BILL NO. 323
"An Act relating to the employment of hearing examiners,
arbitrators, and mediators by the Regulatory Commission of
Alaska; repealing a requirement that the principal office of the
Alaska Oil and Gas Conservation Commission move to the same
location as the principal office of the Regulatory Commission of
Alaska; relating to the sharing of record-keeping facilities and
clerical staff by the two commissions; and providing for an
effective date."
- SCHEDULED BUT NOT HEARD
PREVIOUS ACTION
BILL: SB 229
SHORT TITLE: REGULATORY COMM. OF ALASKA/AOGCC
Jrn-Date Jrn-Page Action
1/28/00 2109 (S) READ THE FIRST TIME - REFERRALS
1/28/00 2110 (S) FIN
1/31/00 2129 (S) COSPONSOR(S): TAYLOR
2/10/00 (S) FIN AT 9:00 AM SENATE FINANCE 532
2/10/00 (S) Scheduled But Not Heard
2/15/00 (S) FIN AT 9:00 AM SENATE FINANCE 532
2/15/00 (S) Moved CS(Fin) Out of Committee
2/15/00 2301 (S) FIN RPT CS 5DP NEW TITLE
2/15/00 2302 (S) DP: PARNELL, TORGERSON, GREEN
2/15/00 2302 (S) PETE KELLY, WILKEN
2/15/00 2302 (S) ZERO FISCAL NOTE (DCED)
2/16/00 (S) RLS AT 11:15 AM FAHRENKAMP 203
2/16/00 (S) MINUTE(RLS)
2/17/00 2330 (S) RLS TO CALENDAR 02/17/00
2/17/00 2332 (S) READ THE SECOND TIME
2/17/00 2332 (S) FIN CS ADOPTED UNAN CONSENT
2/17/00 2332 (S) ADVANCED TO THIRD READING UNAN
CONSENT
2/17/00 2332 (S) READ THE THIRD TIME CSSB 229(FIN)
2/17/00 2333 (S) PASSED Y19 N1
2/17/00 2333 (S) EFFECTIVE DATE(S) SAME AS PASSAGE
2/17/00 2334 (S) TRANSMITTED TO (H)
2/18/00 2233 (H) READ THE FIRST TIME - REFERRALS
2/18/00 2233 (H) L&C, FIN
2/18/00 2233 (H) REFERRED TO LABOR & COMMERCE
2/23/00 (H) L&C AT 3:15 PM CAPITOL 17
BILL: HB 314
SHORT TITLE: PROCUREMENT PREFS:PARTNERSHP/LTD LIAB CO
Jrn-Date Jrn-Page Action
1/24/00 1987 (H) READ THE FIRST TIME - REFERRALS
1/24/00 1987 (H) L&C, JUD
1/24/00 1987 (H) ZERO FISCAL NOTE (ADM/ALL DEPTS)
1/24/00 1987 (H) GOVERNOR'S TRANSMITTAL LETTER
1/24/00 1987 (H) REFERRED TO LABOR & COMMERCE
2/16/00 (H) L&C AT 3:15 PM CAPITOL 17
2/16/00 (H) Heard & Held <Subcmte assigned>
2/21/00 (H) L&C AT 3:15 PM CAPITOL 17
2/21/00 (H) <Bill Postponed to 2/23>
2/23/00 (H) L&C AT 3:15 PM CAPITOL 17
WITNESS REGISTER
SENATOR DRUE PEARCE
Alaska State Legislature
Capitol Building, Room 111
Juneau, Alaska 99801
POSITION STATEMENT: Testified as sponsor of CSSB 229(FIN).
NAN THOMPSON, Chairman
Regulatory Commission of Alaska
1016 West Sixth Avenue, Suite 400
Anchorage, Alaska 99501-1963
POSITION STATEMENT: Answered questions regarding CSSB 229(FIN).
BOB CHRISTENSON, Chairman
Alaska Oil and Gas Conservation Commission
3001 Porcupine Drive
Anchorage, Alaska 99501-3120
POSITION STATEMENT: Testified on CSSB 229(FIN).
MARK TORGERSON
Alaska Labor Relations Agency
3301 Eagle Street, Suite 208
P.O. Box 107026
Anchorage, Alaska 99510-7026
POSITION STATEMENT: Answered question regarding appointments to
the boards and commissions.
ACTION NARRATIVE
TAPE 00-18, SIDE A
Number 0001
CHAIRMAN NORMAN ROKEBERG called the House Labor and Commerce
Standing Committee meeting to order at 3:20 p.m. Members present
at the call to order were Representatives Rokeberg, Halcro,
Murkowski and Harris. Representatives Brice, Cissna and Sanders
arrived as the meeting was in progress.
SB 229-REGULATORY COMM. OF ALASKA/AOGCC
CHAIRMAN ROKEBERG announced the first order of business would be
CS FOR SENATE BILL NO. 229(FIN), "An Act relating to the
employment of hearing examiners, arbitrators, and mediators by
the Regulatory Commission of Alaska; repealing a requirement that
the principal office of the Alaska Oil and Gas Conservation
Commission move to the same location as the principal office of
the Regulatory Commission of Alaska; relating to the sharing of
record-keeping facilities and clerical staff by the two
commissions; and providing for an effective date."
Number 0104
SENATOR DRUE PEARCE, Alaska State Legislature, came forward to
testify as the sponsor of CSSB 229(FIN). She said SB 229 makes
technical changes to last year's SB 133, regarding the
abolishment of the APUC [Alaska Public Utilities Commission] and
the establishment of the Regulatory Commission of Alaska [RCA].
Senator Pearce stated:
Mr. Chairman, let me say that from all indications that
I've gotten from all of the industries involved in
regulatory issues in Alaska, the changes that we made
last year have been well received by the public. The
new commission, as they came in the door, have found
nearly 800 open dockets and requests for action by the
old APUC that had not been dealt with. So, they came
in the door with 800 things on their plate, and there
have been another 90 to 100 added as they've been doing
triage with that huge number of open items. They are
making good progress.
Number 0220
The three changes in SB 133, two of them are sheer
language questions and the third one is actually
repealing a provision contained in the original bill.
We had obligated the Regulatory Commission of Alaska to
co-locate with the Alaska Oil and Gas Conservation
Commission [AOGCC], hoping two things would happen. We
thought we could achieve some cost savings, both
through shared record storage facilities as well as
shared clerical staff.
The Department of Administration [DOA] conducted a
thorough review and came back to the RCA, the AOGCC and
to us, and said that we weren't going to be able to
achieve economies of scale. In fact, trying to find
space in Anchorage where they could co-locate the two
agencies, it was going to cost us quite a bit of
additional money because the RCA has quite a special
lease, I must say, in their present building. And
leaving that facility and leaving that space was going
to be real costly, and it didn't make a lot of sense to
pursuit that.
I understand that the Department of Administration,
though, is still pursuing getting the AOGCC moved out
of their building in Mountain View - which is, as you
remember, in extremely poor shape and is no better than
it was when I sat here last year - and into new space.
We can let the Department of Administration speak to
how far along they are in that, but they are certainly
moving forward as quickly as they can.
The second change in the bill corrects a drafting
error. We allowed the commission, in SB 133, to employ
hearing officers instead of hearing examiners. The
difference is that a hearing officer does not need to
be an attorney and the hearing examiner does need to be
an attorney. The commission needs hearing examiners
because they have to adjudicate legal matters during
the hearing process, and that requires them to act as a
judge during the hearings. So, they need to be
proficient in judicial proceedings.... As the chairman
of the RCA attempted to hire people into these
positions, she ran into a problem because we had the
wrong language. So, we're making that change:
officers rather than examiners.
The final revision clarifies that the commission can
employ and utilize mediators as well as arbitrators in
their hearing process. While that was our intent last
year, the language in the bill was unclear. Mediation
is a less formal process than arbitration. It's more
expeditious in finding common ground, and the
commission hopes to be able to employ mediation and
utilize mediators as a first step, before having to go
to a formal arbitration process, in some of the matters
that come before the commission. It should help them
streamline their activities. That's all the bill does.
Number 0462
CHAIRMAN ROKEBERG pointed out that the companion bill to CSSB
229(FIN), HB 323, had been heard in the House Special Committee
on Utility Restructuring. He indicated that the bill packet
contains a letter that he drafted at the request of
Representative Hudson [chair of the House Special Committee on
Utility Restructuring]. It contains an analysis of the office
space premises situation and recommends against co-locating.
SENATOR PEARCE said the point is to get the people moved from the
Mountain View building because it is an unsafe location.
CHAIRMAN ROKEBERG agreed and said that is the reason CSSB 229
(FIN) should be moved along expeditiously.
REPRESENTATIVE MURKOWSKI referred to the issue of hearing
examiners versus hearing officers. She wondered if there is a
need for hearing officers as well as hearing examiners.
NAN THOMPSON, Chairman, Regulatory Commission of Alaska,
testified via teleconference from Anchorage. She stated that
there is not presently a need to also employ hearing officers
because of the nature of the work the RCA assigns to them. The
hearing officers generally would be competent to resolve cases
where there are not substantial legal issues. The RCA uses the
hearing officers to sit with them in some cases and run the
hearings procedurally. Generally, the nature of questions
presented to the RCA are more complex, and a lawyer is required
to assist in resolving issues that are raised.
REPRESENTATIVE MURKOWSKI noted that the position descriptions for
both hearing examiners and hearing officers are included in the
bill packet. It was unclear to her, however, if there was a need
for the ability to hire hearing officers.
MS. THOMPSON said she does not believe that ability is needed.
Number 0643
CHAIRMAN ROKEBERG asked Ms. Thompson is she would like to
comment.
MS. THOMPSON thanked the committee for the prompt consideration
of this bill. She agreed with Senator Pearce's comments and
requested passage of the bill by the committee.
Number 0677
BOB CHRISTENSON, Chairman, Alaska Oil and Gas Conservation
Commission (AOGCC), testified via teleconference from Anchorage.
He stated that he supports Senator Pearce and the changes in the
bill. He is looking forward to moving the bill.
CHAIRMAN ROKEBERG asked Mr. Christenson to describe AOGCC's
current location.
MR. CHRISTENSON responded that it is a kind of vintage, right-
after-the-earthquake, single-storage-lot building in a fairly
obscure part of the city. It would be more beneficial to the
business process of AOGCC to be closer to their clients and the
public.
Number 0810
REPRESENTATIVE HALCRO made a motion to move CSSB 229(FIN) out of
committee with individual recommendations and the attached fiscal
note. There being no objection, CSSB 229(FIN) moved from the
House Labor and Commerce Standing Committee.
HB 314-PROCUREMENT PREFS:PARTNERSHP/LTD LIAB CO
CHAIRMAN ROKEBERG announced the next order of business would be
HOUSE BILL NO. 314, "An Act clarifying the requirements for
limited liability companies and partnerships to qualify for the
Alaska bidder's and disability preferences under the State
Procurement Code; and providing for an effective date."
Number 0862
REPRESENTATIVE HALCRO, who had chaired the subcommittee on HB
314, indicated he previously had concerns regarding Alaska
bidder's preference. He informed the committee:
After our discussions with Vern Jones, Chief
Procurement Officer [Division of General Services,
Department of Administration], who was very helpful, it
seems that barring a complete rewrite of the state's
procurement code, the amendment that we wish to forward
or the goal that we wish to accomplish is not possible.
So, at this time, Mr. Chair, I would simply report back
that the amendment is not workable and would like to
report ... that we should just adopt HB 314 in its
original form.
REPRESENTATIVE MURKOWSKI made a motion to move HB 314 out of
committee with individual recommendations and the attached zero
fiscal note. There be no objection, HB 314 moved from the House
Labor and Commerce Standing Committee.
CONFIRMATION HEARINGS
CHAIRMAN ROKEBERG explained that the signing of transmittal
letters by individual members did not reflect an intent by any
member to vote for or against an individual during any further
sessions for the purpose of confirmation. He asked if there were
any objections to the appointments to the following boards and
commissions:
Board of Accountants
Lottie C. Fleeks - Fairbanks
Dean W. Nelson - Anchorage
Board of Architects
Kathleen L. Gardner - Anchorage
Ernie Siemoneit - Healy
Board of Dental Examiners
Mary Ann Cerney - Fairbanks
David Grant Logan - Juneau
Board of Labor Relations
Richard D. Brickley - Fairbanks
Robert A. Doyle - Wasilla
Board of Marine Pilots
Jeffrey L. Thompson - Dutch Harbor
Board of Marital and Family Therapy
Vivian C. Finlay - Wasilla
Ann W. Swift - Fairbanks
State Medical Board
Irvin A. Rothrock - Fairbanks
Board of Midwives
Dana Brown - Fairbanks
Mark Richey - Anchorage
Board of Nursing
Lynn E. Hartz - Anchorage
Susan Rinker - Barrow
Nancy L. Sanders - Anchorage
Mary H. Weymiller - Fairbanks
Board of Occupational Safety
Timothy O. Sharp - Fairbanks
Board of Optometry
Aharon Sternberg - Anchorage
Board of Pharmacy
Mark D. Bohrer - Eagle River
Ron J. Miller - Chugiak
Laura Lee Nelson - Juneau
Board of Physical and Occupational Therapy
Dee Berline - Anchorage
Board of Professional Counselors
Sondra Sexton-Jones - Wrangell
Board of Real Estate Appraisers
Eileen R. Bechtol - Homer
Board of Social Work Examiners
Beverly Haywood - Juneau
Board of Veterinary Examiners
D. Jean Battig - Fairbanks
Worker's Compensation Commission
Harriet M. Lawlor - Anchorage
Number 1251
MARK TORGERSON, Alaska Labor Relations Agency, testified via
teleconference from Anchorage and said he was available to answer
any questions.
CHAIRMAN ROKEBERG wondered if the positions on the Board of Labor
Relations are those that can be removed for cause or if they are
removed at the will of the governor.
MR. TORGERSON replied that the positions are appointed by the
governor and can be removed by the governor only for cause, as
stated in AS 23.05.360.
There being no objections, the confirmations were advanced to a
joint House and Senate session for consideration.
ADJOURNMENT
Number 1755
CHAIRMAN ROKEBERG adjourned the House Labor and Commerce Standing
Committee at 3:54 p.m.
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